Zoneomics Logo
search icon

Prince Georges County Unincorporated
City Zoning Code

PART 27

5 USE REGULATIONS

27-5101. Principal Use Tables

  • (a)
    Structure of Principal Use Tables
    1. (1)
      Designation of Principal Uses as Permitted

      The Principal Use Tables in this Section use the following abbreviations to designate whether and how a principal use is allowed in a particular zone:

  •  PA "P" under a base zone column indicates that the use is permitted as a principal use in the zone, subject to applicable regulations of this Ordinance.
     SEAn "SE" under a base zone column indicates that the use is permitted as a principal use in the zone only on approval of a special exception in accordance with Section 27-3604, Special Exception, and subject to all special exception requirements and all other applicable regulations of this Ordinance.
     AAn "A" designation within the Planned Development (PD) zone column indicates that the use is permitted as a principal use in the PD Zone, subject to applicable regulations of this Ordinance—unless the PD Basic Plan/Conditions of Approval approved for the zone expressly identifies the use as prohibited.
     X An "X" under a base or Planned Development (PD) zone column indicates that the use is prohibited as a principal use in the zone.
     XAn "X" under an overlay zone column indicates that the use is prohibited as a principal use in the overlay zone, irrespective of whether it is allowed in the underlying base zone. This designation applies only to overlay zones.
     SE*An SE* under an overlay zone column indicates that, irrespective of whether it is a permitted use in the underlying base zone, the use is permitted as a principal use in the overlay zone only on approval of a special exception in accordance with Section 27-3604, Special Exception, and subject to all special exception requirements and all other applicable regulations of this Ordinance.
     P*A P* under an overlay zone column indicates that, irrespective of whether it is prohibited in the underlying base zone, the use is permitted as a permitted principal use in the overlay zone, subject to applicable regulations of this Ordinance.
     A blank cell under an overlay zone column indicates the use is permitted as a principal use in the overlay zone if it is permitted in the underlying base zone.

    All uses not listed are prohibited.

    1.  
      1. (2)
        Reference to Use-Specific Standards

        A particular use category or use type permitted as a principal use in a zone may be subject to additional standards that are specific to the particular use. The applicability of use-specific standards is noted in the last column of the Principal Use Tables ("Use-Specific Standards") through a reference to standards in Section 27-5102, Requirements for Permitted Principal Uses.

      2. (3)
        Reference to Special Exception Standards

        A particular use category or use type permitted as a principal use in a zone may be subject to special exception standards when such use category or use type is indicated as requiring approval of a special exception. The applicability of special exception standards is noted in the last column of the Principal Use Tables (“Use-Specific Standards”) through a reference to standards in Sec. 27-5400, Special Exception Standards. In the event the last column of the Principal Use Tables references both use-specific standards and special exception standards for a particular use category or use type, the use-specific standards shall only apply to uses listed as P, P*, or A in the use tables, while the special exception standards shall only apply to uses listed as SE or SE* in the use tables.

    2. (b)
      Multiple Principal Uses
      1. (1)
        A development may include:
        1. (A)
          A single principal use with one or more accessory uses that are customarily incidental and subordinate to the principal use (e.g., home occupation as accessory to a dwelling, or administrative offices as accessory to a school, retail sales, or manufacturing use) or which are identified as accessory uses in Tables 27-5201(b), 27-5201(c), 27-5201(d), or 27-5201(e); or
        2. (B)
          Multiple different principal uses; or
        3. (C)
          Multiple different residential uses (such as dwelling, townhouse and dwelling, multifamily) on the same lot or parcel in the RMF-12 Zone or any zone of higher intensity as identified in Section 27-4102(b)(1). More than one dwelling unit of the same type, such as in a multifamily residential building, does not constitute multiple principal uses.
      2. (2)
        Notwithstanding Subsection (1), above, multiple principal uses shall not be permitted on any lot in the R-PD Zone or any zone of lesser intensity as identified in Section 27-4102(b)(1) if that lot contains a single-family residential dwelling.
      3. (3)
        A development with multiple principal uses shall include only those principal uses designated in the Principal Use Tables as allowed in the applicable zone. Each principal use shall be subject to any use-specific standards applicable to the use, provided, a building that contains nonresidential uses on the ground floor and residential uses above the ground floor that are subject to different setback requirements (see PART 27-4: Zones and Zone Regulations), shall be subject to the least restrictive of the applicable setback requirements. Where dimensional standards that apply to the lot as a whole, such as lot width or minimum lot area, are different for each use, the most restrictive apply. 
    3. (c)
      Principal Use Table for Rural and Agricultural, and Residential Base Zones
    Table 27-5101(c): Principal Use Table for Rural and Agricultural, and Residential Base Zones
    P = Permitted by Right SE = Allowed only with approval of a Special Exception X = Prohibited
    Principal Use CategoryPrincipal Use TypeRural and Agricultural Base ZonesResidential Base ZonesUse-Specific Standards
    ROSAGARRERRRSF‐95RSF‐65RSF‐ARMF‐12RMF‐20RMF‐48
    Rural and Agricultural Uses
    Agriculture/ Forestry UsesAgriculturePPPPPXXXXXX 
    Cannabis growerXPPXXXXXXXX27-5102(b)(1)(B)
    Cannabis micro-growerXPPXXXXXXXX27-5102(b)(1)(C)
    Community gardenPPPPPPPPPPP27-5102(b)(1)(A)
    ForestryPPPPPXXXXXX 
    Keeping of horses or poniesPPPPPXXXXXX 
    Nursery and Garden CenterSESESESESESESESESESESERefer to special exception standards
    Urban agriculturePPPPPPPPPPP27-5102(b)(1)(D)
    Agriculture/ Forestry Related UsesAgriculture research facilityPSESEXXXXXXXXRefer to special exception standards
    Equestrian centerPPPSESEXXXXXXRefer to special exception standards
    Farm-based alcohol productionPPPPPPPPPPP27-5102(b)(2)(A)
    Farm marketPPPPPPPPPPP 
    Farm supply sales or farm machinery/implement sales, rental, or repairPPPSESEXXXXXXRefer to special exception standards
    Food hubPPPSESEXXXXXXRefer to special exception standards
    Riding stablePPPPPXXXXXX 
    SawmillSESESESESESESESESESESE27-5102(b)(2)(B) and refer to special exception standards
    Open Space UsesArboretum or botanical garden, park or greenway, or public water-oriented recreational and educational areaPPPPPPPPPPP27-5102(b)(3)(A)
    Residential Uses
    Household Living UsesArtists’ residential studiosXXXXXXPPPPP27-5102(c)(1)(A) and refer to special exception standards
    Conversion of a single-family detached dwelling to add a maximum of two (2) additional dwelling unitsXXXSESESESESEXXXRefer to special exception standards
    Dwelling, live-workXXXXXXXPPPP

    27-5102(c)(1)(B)

     and refer to special exception standards

    Dwelling, multifamilyXXXXXXXXPPP

    27-5102(c)(1)(D)

    27-5102(c)(1)(E) and refer to special exception standards

    Dwelling, single-family detachedPPPPPPPPPXX 
    Dwelling, three-familyXXXXXXXPPPX 
    Dwelling, townhouseXXXXXXXPPPX27-5102(c)(1)(E)
    Dwelling, two-familyXXXXXXXPPPX27-5102(c)(1)(E)
    Manufactured home parkXXXXXXXXXXX27-5102(c)(1)(F)
    Mobile homeSESESESEXXXXXXX27-5102(c)(1)(C) and refer to special exception standards
    Group Living UsesApartment housing for elderly or physically disabled familiesXXXXSESESESEPPPRefer to special exception standards
    Assisted living facility≤ 8 elderly or handicapped residentsPPPPPPPPPPP27-5102(c)(2)(A) and refer to special exception standards
    > 8 elderly or handicapped residentsXXXXSESESESEPPP
    Boarding or rooming houseSESESEXSEXXXXXX27-5102(c)(2)(D) and refer to special exception standards
    Convent or monasteryPPPPPPPPPPP 
    Fraternity or sorority houseXXXXXXXXXSEPRefer to special exception standards
    Group residential facilityPPPPPPPPPPP27-5102(c)(2)(B)
    Planned retirement communitySESESESESESESESESESESERefer to special exception standards
    Private dormitoryXXXXXXXXPPP27-5102(c)(2)(C)
    Public, Civic, and Institutional Uses
    Communication UsesAntennaPPPPPPPPPPP27-5102(d)(1)(A)
    Broadcasting studio and newspaper/periodical publishingPPPPPPPPPPP 
    Tower, pole, or monopoleSESESESESESESESESESESE27-5102(d)(1)(B) and refer to special exception standards
    Community Service UsesAdaptive use of a Historic SiteSESESESESESESESESESESERefer to special exception standards
    Adult day care centerXSESESESESESESEPPP27-5102(d)(2)(D) and refer to special exception standards
    Cultural facilitySESEPPPPPPPPPRefer to special exception standards
    Day care center for childrenSESESESESESESESESESESE27-5102(d)(2)(A) and refer to special exception standards
    Eleemosynary or philanthropic institutionSESESESESESESESESESESERefer to special exception standards
    Emergency services facilityPPPPPPPPPPPRefer to special exception standards
    Place of worship located on a lot less than 1 acre in sizeXXXXSESESESESESESE27-5102(d)(2)(C) and refer to special exception standards
    Place of worship located in a building that was originally constructed as a dwelling, on a lot less than 1 acre in size.XXXXSESESESESESESE
    Place of worship located on a lot between 1 and 2 acres in sizeXXXPPPPPPPP
    Place of worship located in a building that was originally constructed as a dwelling, on a lot between 1 and 2 acres in sizeXXXPPPPPPPP
    Place of worship, all othersSEPPPPPPPPPP
    Educational UsesAdaptive reuse of a surplus public schoolSESESESESESESESESESESERefer to special exception standards
    College or universitySESESESESESESESESESESE27-5102(d)(3)(A) and refer to special exception standards
    Driving schoolXXXXXXXXXXP27-5102(d)(3)(D)
    Private schoolSESESESESESESESESESESE27-5102(d)(3)(C) and refer to special exception standards
    Vocational or trade schoolXXXXXXXXXXX 
    Water-dependent research facility or activity operated by a government or educational institutionSEXXXXXXXXXX27-5102(d)(3)(D) and refer to special exception standards
    Health Care UsesHospitalXSESESESEXXXSESESERefer to special exception standards
    Health campusXXXXSESESESESESESERefer to special exception standards
    Medical or dental office or labXXXXXXXXPPP 
    Medical/residential campusXSESESESESESESESESESERefer to special exception standards
    Nursing or care homeXSESESESESESESESESESE27-5102(d)(4)(A) and refer to special exception standards
    State-licensed medical clinicXXXXXXXXXXX27-5102(d)(4)(B)
    Transportation UsesAirfield, Airpark, Airport or AirstripXSESESESESESESESESESERefer to special exception standards
    Park and ride facilityXXXXXXXXSESESERefer to special exception standards
    Parking facilityXXXXXXXXSEPP27-5102(d)(5)(A) and refer to special exception standards
    Parking of commercial vehiclesSESESEXXXXXXXXRefer to special exception standards
    Transit station or terminalXXXXXXXXSESESERefer to special exception standards
    Utility UsesSolar energy systems, large-scaleXPPSESEXXXXXX27-5102(d)(6)(A) and refer to special exception standards
    Public utility uses or structures, majorSESESESESESESESESESESE27-5102(d)(6)(B) and refer to special exception standards
    Public utility uses or structures, minorPPPPPPPPPPP 
    Wind energy conversion system, large-scaleXSESEXXXXXXXX27-5102(d(6)(C) and refer to special exception standards
    Commercial Uses
    Adult UsesAdult book or video storeXXXXXXXXXXX27-5102(e)(2)
    Adult entertainmentXXXXXXXXXXX27-5102(e)(2)
    Animal Care UsesAnimal shelterXSESEXXXXXXPP27-5102(e)(3)(A) and refer to special exception standards
    Kennel of a lot having a net area of 20,000 sq. ft. or lessXSESESESEXXXXXX27-5102(e)(3)(D) and refer to special exception standards
    Kennel on a lot having a net area of more than 20,000 sq. ft.SEPPPSEXXXXXX27-5102(e)(3)(E) and refer to special exception standards
    Pet grooming establishmentXPPPPXXXXXX27-5102(e)(3)(B)
    Veterinary hospital or clinicXPPSESEXXXXSESE27-5102(e)(3)(C) and refer to special exception standards
    Arts and Artisanal Production UsesArt galleryXXPPPPPPPPP 
    Art, photography, music, dance, yoga, pilates, or martial arts studio or schoolsXXXXXXXSEXPPRefer to special exception standards
    Manufacturing, artisan or makerXXXXXXXSEXPPRefer to special exception standards
    Tattoo or body piercing establishmentXXXXXXXXXXX 
    Business Support Service UsesQualified data centerXXXXPXXXXXX27-5102(e)(4)(B)
    All other business support servicesXXXXXXXXXPP27-5102(e)(4)
    Eating or Drinking Establishment UsesAlcohol production facility, small-scale; shared commercial kitchen; Restaurant; and Restaurant, quick-service (without drive-through)XXXXXXXXXPP27-5102(e)(5)
    Cannabis on-site consumption establishmentXXXXXXXXXXX 
    Catering establishmentXXXXXXXXXXX 
    Catering or food processing for off-site consumptionPPPPPPPPPPP27-5102(e)(5)(C)
    Restaurant, quick-service (with drive-through)XXXXXXXXXXX 
    Funeral and Mortuary Service UsesCemetery or crematorySESESESESESESEXSEXXRefer to special exception standards
    Funeral parlor or undertaking establishmentXSESESESESESESESESESE27-5102(e)(6)(A) and refer to special exception standards
    All other funeral and mortuary usesXXXXXXXXXSESERefer to special exception standards
    Office UsesContractor’s officeXXXXXXXXXPP 
    Office, general business and professionalXXXXXXXXPPP 
    Office parkXXXXXXXXXXX 
    Personal Service Uses Massage establishmentXXXXXXXXXXXRefer to special exception standards
    Model studioXXXXXXXXXXXRefer to special exception standards
    All other personal service usesXXXXXXXXPPP27-5102(e)(7)
    Recreation/
    Entertainment Uses
    Amusement parkXXXXXXXXXXXRefer to special exception standards
    Arena, stadium, or amphitheaterXXXXXXXXXXX27-5102(e)(8)(A) and refer to special exception standards
    Cigar club/loungeXXXXXXXXXXX27-5102(e)(8)(B)
    CinemaXXXXXXXXXXP 
    Club or lodge, privateSESESESESESESESESESESERefer to special exception standards
    Commercial recreation attractionSEXSEXXXXXXXXRefer to special exception standards
    Commercial recreational facilities (privately owned) on land leased from a public agencySESESESEXXXXXXXRefer to special exception standards
    Country clubXSESESESESESESESESESERefer to special exception standards
    Entertainment establishmentXXXXXXXXXXX27-5102(e)(8)(C)
    Golf courseXSESESESESESESESESESERefer to special exception standards
    Golf driving rangeXSESESESEXXXXXXRefer to special exception standards
    NightclubXXXXXXXXXXX27-5102(e)(8)(C) and refer to special exception standards
    Nonprofit recreational useSESESESESESESESESESESERefer to special exception standards
    Performance arts centerXXXXXXPPPPPRefer to special exception standards
    Racetrack, pari-mutuelXSESEXSEXXXXXXRefer to special exception standards
    Recreation facility, indoorXPPPPPPPPPP27-5102(e)(8) and refer to special exception standards
    Recreation facility, outdoorXSESESESESESEPPPP27-5102(e)(8) and refer to special exception standards
    Recreational or entertainment establishment of a commercial natureXXXXXXXXXXX27-5102(e)(8)(D) and refer to special exception standards
    Rifle, pistol, or skeet shooting range: indoorXXSEXSEXXXXXX27-5102(e)(8)(E) and refer to special exception standards
    Rifle, pistol, or skeet shooting range: outdoor; lot area ≤ 20 acresXSESEXSEXXXXXXRefer to special exception standards
    Rifle, pistol, or skeet shooting range: outdoor; lot area > 20 acresSESESEXSEXXXXXXRefer to special exception standards
    Skating facilitySESESEXSEXXXXXX27-5102(e)(8)(F) and refer to special exception standards 
    Waterfront entertainment/retail complexPPPPPPXXXXX 
    Retail Sales and Service UsesAutomated teller machine (ATM), freestandingXXXXXXXXXXX27-5102(e)(9)(A)
    Bank or other financial institutionXXXXXXXXXPP27-5102(e)(9)(B)
    Cannabis dispensaryXXXXXXXXXXX27-5102(e)(9)(C)
    Cannabis micro-dispensaryXPPXXXXXXXX27-5102(e)(9)(D)
    Check cashing businessXXXXXXXXXXXRefer to special exception standards
    Combination retailXXXXXXXXXXX27-5102(e)(9)(E) and refer to special exception standards
    Consumer goods establishmentXXXXXXXXXPP 
    Convenience storeXXXXXXXXXPP27-5102(e)(9)(F)
    Drug store or pharmacyXXXXXXXXPPP27-5102(e)(9)(G)
    Farmers’ marketPPPPPXXXPPP27-5102(e)(9)(H)
    Food and market hallXXXXXXXXXXX 
    Grocery store or food marketXXXXXXXXPPP 
    Manufactured or modular home salesXXXXXXXXXXX 
    PawnshopXXXXXXXXXXXRefer to special exception standards
    Tobacco shop, electronic cigarette shop or retail tobacco businessXXXXXXXXXXXRefer to special exception standards
    Vehicle Sales and Service UsesCommercial fuel depotXXXXXXXXXXX27-5102(e)(10)(A) and refer to special exception standards
    Commercial vehicle repair and maintenanceXXXXXXXXXXXRefer to special exception standards
    Commercial vehicle sales and rental and Personal vehicle sales and rentalXXXXXXXXXXX27-5102(e)(10)(D) and refer to special exception standards
    Gas stationXXXXXXXXXXXRefer to special exception standards
    Heavy equipment sales, rental, servicing, or storageXXXXXXXXXXX 
    Personal vehicle repair and maintenanceXXXXXXXXXXX27-5102(e)(10)(C)
    Taxi or limousine service facilityXXXXXXXXXXX27-5102(e)(10)(E)
    Vehicle parts or tire storeXXXXXXXXXXX27-5102(e)(10)(F)
    Vehicle paint finishing shop and vehicle or trailer storage yardXXXXXXXXXXX 
    Vehicle towing and wrecker serviceXXXXXXXXXXX27-5102(e)(10)(G) and refer to special exception standards
    Visitor Accommodation UsesBed and breakfast (as accessory to single-family dwelling)PPPPPPPPPXX27-5102(e)(11)(A)
    Country innSESESESESESESESEXXXRefer to special exception standards
    Hotel or motelXXXXSEXXXXXX27-5102(e)(11)(B) and refer to special exception standards
    Recreational campgroundSESESEXSEXXXXXX27-5102(e)(11)(C) and refer to special exception standards
    Water-Related UsesBoat sales, rental, service, or repairXXXXXXXXXXX27-5102(e)(12)(A) and refer to special exception standards
    Boat storage yardXXXXXXXXXXX27-5102(e)(12)(B) and refer to special exception standards
    Marinas and marina expansionsXXXXXXXXXXXRefer to special exception standards
    Waterfront boat fuel salesXXXXXXXXXXXRefer to special exception standards
    Industrial Uses
    Extraction UsesSand and gravel wet-processingXSESESESESESESESESESE27-5102(f)(2)(A) and refer to special exception standards
    Surface miningXSESESESESESESESESESERefer to special exception standards
    Industrial Service UsesBulk storage of gasolineXXXXXXXXXXXRefer to special exception standards
    Contractor’s yard, photographic processing plantXXXXXXXXXXX 

    Dry-cleaning, laundry, or carpet-cleaning plant

    XXXXXXXXXXX 
    Fuel oil or bottled gas distributionXXXXXXXXXXX 
    Landscaping contractor’s businessSESESESESEXXXXXXRefer to special exception standards
    Printing or similar reproduction facility, small engine repair shopXXXXXXXXXXXRefer to special exception standards
    Liquid gas storageXXXXXXXXXXXRefer to special exception standards
    Research and developmentXXXXXXXXXXX 
    SlaughterhouseXXXXXXXXXXX 
    Manufacturing UsesAbrasives and asbestos products manufacturingXXXXXXXXXXXRefer to special exception standards
    Alcohol production facility, large-scaleXXXXXXXXXXXRefer to special exception standards
    Asphalt mixing plantXXXXXXXXXXXRefer to special exception standards
    Beverage bottlingXXXXXXXXXXXRefer to special exception standards
    Cannabis processorXPPXXXXXXXX27-5102(f)(3)(A)
    Cannabis micro-processorXPPXXXXXXXX27-5102(f)(3)(B)
    Cement manufacturingXXXXXXXXXXXRefer to special exception standards
    Concrete batching plantXXXXXXXXXXXRefer to special exception standards
    Concrete or brick products manufacturingXXXXXXXXXXX27-5102(f)(3)(C)
    Food processingXSEXXXXXXXXXRefer to special exception standards
    Heavy armament fabricationXXXXXXXXXXXRefer to special exception standards
    Manufacturing, assembly, or fabrication, lightXXXXXXXXXXXRefer to special exception standards
    Manufacturing, assembly, or fabrication, heavyXXXXXXXXXXX27-5102(f)(3)(E) and refer to special exception standards
    Paper and paperboard productsXXXXXXXXXXX27-5102(f)(3)(F) and refer to special exception standards
    Warehouse and Freight Movement UsesCold storage plant or distribution warehouseXXXXXXXXXXXRefer to special exception standards
    Consolidated storageXXXXXXXXXXX27-5102(f)(4)(A) and refer to special exception standards
    Motor freight facilityXXXXXXXXXXXRefer to special exception standards
    Outdoor storage (as a principal use)XXXXXXXXXXX27-5102(f)(4)(B) and refer to special exception standards
    Storage warehouseXXXXXXXXXXXRefer to special exception standards
    Warehouse showroomXXXXXXXXXXX27-5102(f)(4)(C) and refer to special exception standards
    Resource Recovery and Waste Management UsesClass 3 fillSESESESESESESESESESESERefer to special exception standards
    Composting facilityPPPXXXXXXXX 
    Concrete recycling facilityXXXXXXXXXXXRefer to special exception standards
    Electronic recycling facilityXXXXXXXXXXXRefer to special exception standards
    JunkyardXXXXXXXXXXXRefer to special exception standards
    Paper recycling collection centerXXXXXXXXXXXRefer to special exception standards
    Recycling collection centerXPPPPPPPPPP27-5102(f)(5)(A) and refer to special exception standards
    Recycling of non-ferrous metalsXXXXXXXXXXXRefer to special exception standards
    Recycling plantXXXXSEXXXXXX27-5102(f)(5)(B) and refer to special exception standards
    Sanitary landfill; rubble fillSESESESESEXXXXXXRefer to special exception standards
    Solid waste processing facilityXXXXXXXXXXX27-5102(f)(5)(C) and refer to special exception standards
    Solid waste transfer stationXXXXXXXXXXX27-5102(f)(5)(D) and refer to special exception standards
    Vehicle salvage yardXXXXXXXXXXXRefer to special exception standards
    Wholesale UsesFood or beverage distribution at wholesaleXXXXXXXXXXXRefer to special exception standards
    All other wholesale usesXXXXXXXXXXX 
    1. (d)
      Principal Use Table for Nonresidential, Transit-Oriented/Activity Center, and Other Base Zones
    Table 27-5101(d): Principal Use Table for Nonresidential, Transit-Oriented/Activity Center, and Other Base Zones
    P = Permitted by Right SE = Allowed only with approval of a Special Exception X = Prohibited
    Principal Use CategoryPrincipal Use TypeNonresidential Base ZonesTransit-Oriented/Activity Center Base ZonesOther
    Base Zones
    Use-Specific
    Standards
    NACTACLTORTO-LRTO-H
    CNCSCGOIEIHCoreEdgeCoreEdgeCoreEdgeCoreEdgeRMH
    Rural and Agricultural Uses
    Agriculture/Forestry UsesAgricultureXXXXXXXXXXXXXXX 
    Cannabis growerXXXPXXXXXXXXXXX27-5102(b)(1)(B)
    Cannabis micro-growerXXXPXXXXXXXXXXX27-5102(b)(1)(C)
    Community gardenPPPPPPPPPPPPPPP27-5102(b)(1)(A)
    ForestryXXXXXXXXXXXXXXX 
    Keeping of horses or poniesXXXXXXXXXXXXXXX 
    Nursery and garden centerXXXPPXXXXXXXXXXRefer to special exception standards
    Urban agriculturePPPPPPPPPPPPPPP27-5102(b)(1)(D)
    Agriculture/ Forestry Related UsesAgriculture research facilityXXXPPXXXXXXXXXXRefer to special exception standards
    Equestrian centerXXXXPXXXXXXXXXXRefer to special exception standards
    Farm-based alcohol productionXXXPPXXXXXXXXXX27-5102(b)(2)(A)
    Farm marketPPPPPXXXXXXXXXP 
    Farm supply sales or farm machinery/implement sales, rental, or repairXPPPPXXXXXXXXXXRefer to special exception standards
    Food hubXPPPPXXXXXXXXXXRefer to special exception standards
    Riding stableXXXPPXXXXXXXXXX 
    SawmillXXXXPXXXXXXXXXX27-5102(b)(2)(B) and refer to special exception standards
    Open Space UsesArboretum or botanical garden, park or greenway, or public water-oriented recreational and educational areaPPPPPPPPPPPPPPP27-5102(b)(3)(A)
    Residential Uses
    Household Living UsesArtists’ residential studiosPPPPSEPPPPPPPPPX27-5102(c)(1)(A) and refer to special exception standards
    Conversion of a single-family detached dwelling to add a maximum of two (2) additional dwelling unitsXXXXXXXXXXXXXXXRefer to special exception standards
    Dwelling, live-workPPPPSEPPPPPXPXPX27-5102(c)(1)(B) and refer to special exception standards
    Dwelling, multifamilyPPPPSEPPPPPPPPPX27-5102(c)(1)(D)27-5102(c)(1)(E), and refer to special exception standards
    Dwelling, single-family detachedPXXXXXXXXXXXXXX 
    Dwelling, three-familyPXXXXPPPXPXPXPX 
    Dwelling, townhousePXPXXPPPXPXPXPXRefer to special exception standards
    Dwelling, two-familyPXPXXPPPXPXPXPXRefer to special exception standards
    Manufactured home parkXXXXXXXXXXXXXXX27-5102(c)(1)(F)
    Mobile homeXXXXXXXXXXXXXXP27-5102(c)(1)(C) and refer to special exception standards
    Group Living UsesApartment housing for elderly or physically disabled familiesXXPXXPSEPPPPPPPXRefer to special exception standards
    Assisted living facility≤ 8 elderly or handicapped residentsXPPPXPPPPPPPPPP27-5102(c)(2)(A) and refer to special exception standards
    > 8 elderly or handicapped residentsXPPPXPPPPPPPPPX
    Boarding or rooming houseXXXXXXXXXXXXXXX27-5102(c)(2)(D) and refer to special exception standards
    Convent or monasteryXPPPPXXXXXXXXXX 
    Fraternity or sorority houseXXXXXXXXXXXXXXXRefer to special exception standards
    Group residential facilityXXXXXPXPXPXPXPX27-5102(c)(2)(B)
    Planned retirement communityXSESESESEXXXXXXXXXXRefer to special exception standards
    Private DormitoryXXPXXPPPPPPPPPX27-5102(c)(2)(C)
    Public, Civic, and Institutional Uses
    Communication UsesAntennaPPPPPPPPPPPPPPP27-5102(d)(1)(A)
    Broadcasting studio and Newspaper/periodical publishing establishmentPPPPPPPPPPPPPPP 
    Tower, pole, or monopoleSESESEPPSESESESESESESESESESE27-5102(d)(1)(B) and refer to special exception standards
    Community Service UsesAdaptive use of a Historic SiteSESESESESESESESESESESESESESESERefer to special exception standards
    Adult day care centerXPPPPXXXXXXXXXX27-5102(d)(2)(D) and refer to special exception standards
    Cultural facilityPPPPPPPPPPPPPPPRefer to special exception standards
    Day care center for childrenSESESESESEPPPPPPPPPX27-5102(d)(2)(A) and refer to special exception standards
    Eleemosynary or philanthropic institutionSESESESESESESESESESESESESESEXRefer to special exception standards
    Emergency services facilityPPPPPPPPPPPPPPPRefer to special exception standards
    Place of worship located on a lot less than 1 acre in sizePPPPPPPPPPPPPPP27-5102(d)(2)(C) and refer to special exception standards
    Place of worship located in a building that was originally constructed as a dwelling, on a lot less than 1 acre in size.PPPPPPPPPPPPPPP
    Place of worship located on a lot between 1 and 2 acres in sizePPPPPPPPPPPPPPP
    Place of worship located in a building that was originally constructed as a dwelling, on a lot between 1 and 2 acres in sizePPPPPPPPPPPPPPP
    Place of worship, all othersPPPPPPPPPPPPPPP
    Educational UsesAdaptive reuse of a surplus public schoolSESESESESESESESESESESESESESESERefer to special exception standards
    College or universityXPPPSEPPPPPPPPPX27-5102(d)(3)(A) and refer to special exception standards
    Driving schoolPPPPPPPPXPXPXPX27-5102(d)(3)(B)
    Private schoolXPPSESEPPPPPPPPPX27-5102(d)(3)(C) and refer to special exception standards
    Vocational or trade schoolXPPPPPPPPPPPPPX 
    Water dependent research facility or activity operated by government or educational institutionXPPPPXXXXXXXXXX27-5102(d)(3)(D) and refer to special exception standards
    Health Care UsesHospitalXPPPXXPPPPPPPPXRefer to special exception standards
    Health campusXPSEXXXXXXXXXXXXRefer to special exception standards
    Medical or dental office or labPPPPPPPPPPPPPPX 
    Medical/residential campusXXXXXXXXXXXXXXXRefer to special exception standards
    Nursing or care homeXPPPXXPPPPPPPPX27-5102(d)(4)(A) and refer to special exception standards
    State-licensed medical clinicXPPPPXXPXPXPXPX27-5102(d)(4)(B)
    Transportation UsesAirfield, Airpark, Airport, or AirstripXSESESESEXSESESESESESESESEXRefer to special exception standards
    Park and ride facilityXPPPPPPPPPPPPPXRefer to special exception standards
    Parking facilityPPPPPPPPPPPPPPX27-5102(d)(5)(A) and refer to special exception standards
    Parking of commercial vehiclesXPPPPXXXXXXXXXXRefer to special exception standards
    Transit station or terminalXPPPPPPPPPPPPPXRefer to special exception standards
    Utility UsesSolar energy systems, large-scaleXXXXPXXXXXXXXXX27-5102(d)(6)(A) and refer to special exception standards
    Public utility uses or structures, majorXPSESEPXXSEXSEXSEXSEX27-5102(d)(6)(B) and refer to special exception standards
    Public utility uses or structures, minorPPPPPPPPPPPPPPP 
    Wind energy conversion system, large-scaleXXXXPXXXXXXXXXX27-5102(d)(6)(C) and refer to special exception standards
    Commercial Uses
    Adult UsesAdult Book or Video StoreXXXXPXXXXXXXXXX27-5102(e)(2)
    Adult EntertainmentXXXXPXXXXXXXXXX27-5102(e)(2)
    Animal Care UsesAnimal shelterXPPPPPPPPPXXXXX27-5102(e)(3)(A) and refer to special exception standards
    Kennel of a lot having a net area of 20,000 sq. ft. or lessXSESEPPXXXXXXXXXX27-5102(e)(3)(D) and refer to special exception standards
    Kennel on a lot having a net area of more than 20,000 sq. ft.XSESEPPXXXXXXXXXX27-5102(e)(3)(E) and refer to special exception standards
    Pet grooming establishmentXPPPPPPPPPXPXPX27-5102(e)(3)(B)
    Veterinary hospital or clinicXPPPPPPPPPXPXPX27-5102(e)(3)(C) and refer to special exception standards
    Arts and Artisanal Production UsesArt galleryPPPPPPPPPPPPPPP 
    Art, photography, music, dance, yoga, pilates, or martial arts studio or schoolsPPPPPPPPPPPPPPXRefer to special exception standards
    Manufacturing, artisan or makerPPPPPPPPPPPPPPXRefer to special exception standards
    Tattoo or body piercing establishmentPPPXXPPPPPPPPPX 
    Business Support Service UsesQualified data centerXXPPPPPPXXXXXXX27-5102(e)(4)(B)
    All other business support service usesPPPPPPPPPPPPPPX27-5102(e)(4)
    Eating or Drinking Establishment UsesAlcohol production facility, small-scale; shared commercial kitchen; Restaurant; and Restaurant, quick-service (without drive-through)PPPPPPPPPPPPPPX27-5102(e)(5)
    Cannabis on-site consumption establishmentXXXXXXXXXXXXXXX 
    Catering establishmentXXPPPXXXXXXXXXX 
    Catering or food processing for off-site consumptionPPPPPPPPPPPPPPP27-5102(e)(5)(C)
    Restaurant, quick-service (with drive-through)XSESEXXXXXXXXXXXXRefer to special exception standards
    Funeral and Mortuary Services UsesCemetery or crematoryXSEXXSEXXXXXXXXXXRefer to special exception standards
    Funeral parlor or undertaking establishmentXSESEPXXXXXXXXXXX27-5102(e)(6)(A) and refer to special exception standards
    All other funeral and mortuary usesXSESESEXXXXXXXXXXXRefer to special exception standards
    Office UsesContractor’s officeXPPPPXXPXXXXXXX 
    Office, general business and professionalPPPPPPPPPPPPPPX 
    Office parkXPPPPXXXXXXXXXX 
    Personal Service UsesMassage establishmentXSESEPPXXXXXXXXXXRefer to special exception standards
    Model studioXSEXXSEXSESESESESESESESEXRefer to special exception standards
    All other personal service usesPPPPXPPPPPPPPPX27-5102(e)(7)
    Recreation/
    Entertainment Uses
    Amusement parkXSESESESEXXXXXXXXXXRefer to special exception standards
    Arena, stadium, or amphitheaterXSESESEXXSESESESESESESESEX27-5102(e)(8)(A) and refer to special exception standards
    Cigar club/loungePPPXXXXXXXXXXXX27-5102(e)(8)(B)
    CinemaXPPPXPPPPPPPPPX 
    Club or lodge, privatePPSEPPPPPPPPPPPXRefer to special exception standards
    Commercial recreation attractionXXXXXXXXXXXXXXXRefer to special exception standards
    Commercial recreational facilities (privately owned) on land leased from a public agencyXXXXXXXXXXXXXXXRefer to special exception standards
    Country clubXPSEXXXXXXXXXXXXRefer to special exception standards
    Entertainment establishmentXXPXXPPPPPPPPPX27-5102(e)(8)(C)
    Golf courseXSESEXXXXXXXXXXXXRefer to special exception standards
    Golf driving rangeXSESEPXXXXXXXXXXXRefer to special exception standards
    NightclubXSESEXPSEPPPPPPPPX27-5102(e)(8)(C) and refer to special exception standards
    Nonprofit recreational useXXXXXXXXXXXXXXXRefer to special exception standards
    Performance arts centerPPPPXPPPPPPPPPXRefer to special exception standards
    Racetrack, pari-mutuelXSEXXXXXXXXXXXXSERefer to special exception standards
    Recreation facility, indoorXPPPXPPPPPPPPPX27-5102(e)(8) and refer to special exception standards
    Recreation facility, outdoorXPPPXXXPXPXPXXP27-5102(e)(8) and refer to special exception standards
    Recreational or entertainment establishment of a commercial natureXPPXXPPPPPPPPPX27-5102(e)(8)(D) and refer to special exception standards
    Rifle, pistol, or skeet shooting range: indoorXPSEPPXXXXXXXXXX27-5102(e)(8)(E) and refer to special exception standards
    Rifle, pistol, or skeet shooting range: outdoor; lot area ≤ 20 acresXSEXSESEXXXXXXXXXXRefer to special exception standards
    Rifle, pistol, or skeet shooting range: outdoor; lot area > 20 acresXSEXSESEXXXXXXXXXXRefer to special exception standards
    Skating facilityXPSEPPXXXXXXXXXX27-5102(e)(8)(F) and refer to special exception standards
    Waterfront entertainment/retail complexXXXXXXXXXXPPPPX 
    Retail Sales and Service UsesAutomated teller machine (ATM), freestandingPPPPPPPPPPPPPPP27-5102(e)(9)(A)
    Bank or other financial institutionPPPPPPPPPPPPPPX27-5102(e)(9)(B)
    Cannabis dispensaryPPPPPPPPPPPPPPX27-5102(e)(9)(C)
    Cannabis micro-dispensaryPPPPPPPPPPPPPPX27-5102(e)(9)(D)
    Check cashing businessXSESESESESESESEXXXXXXXRefer to special exception standards
    Combination retailXXSEXXXPPSESESESESESEX27-5102(e)(9)(E) and refer to special exception standards
    Consumer goods establishmentPPPPXPPPPPPPPPX 
    Convenience storePPPPPPPPPPPPPPX27-5102(e)(9)(F)
    Drug store or pharmacyPXPXXPPPPPPPPPX27-5102(e)(9)(G)
    Farmers’ marketPPPPPPPPPPPPPPX27-5102(e)(9)(H)
    Food and market hallPPPPPPPPPPPPPPX 
    Grocery store or food marketPPPXXPPPPPPPPPX 
    Manufactured or modular home salesXPPXPXXPXXXXXXX 
    PawnshopXSESEXXXXXXXXXXXXRefer to special exception standards
    Tobacco shop, electronic cigarette shop or retail tobacco businessXXXXSEXXXXXXXXXXRefer to special exception standards
    Vehicle Sales and Service UsesCommercial fuel depotXPSEPPXXXXXXXXXX27-5102(e)(10)(A) and refer to special exception standards
    Commercial vehicle repair and maintenanceXPSEPPXXXXXXXXXXRefer to special exception standards
    Commercial vehicle sales and rental and Personal vehicle sales and rentalXPSEPPXXXXXXXXXX27-5102(e)(10)(D) and refer to special exception standards
    Gas stationXSESESESESEXSEXSEXSEXSEXRefer to special exception standards
    Heavy equipment sales, rental, servicing, or storageXXXXPXXXXXXXXXX 
    Personal vehicle repair and maintenanceXPPPPSEXPXXXXXXX27-5102(e)(10)(C) and refer to special exception standards
    Taxi or limousine service facilityXPPPPPPPPPPPPPX27-5102(e)(10)(E)
    Vehicle parts or tire storeXPPPPXXXXXXXXXX27-5102(e)(10)(F)
    Vehicle paint finishing shop and vehicle or trailer storage yardXXXXPXXPXXXXXXX 
    Vehicle towing and wrecker serviceXPSEPPXXSEXXXXXXX27-5102(e)(10)(G) and refer to special exception standards
    Visitor Accommodation UsesBed and breakfast (as accessory to single-family dwelling)XXXXXXXXXXXXXXX27-5102(e)(11)(A)
    Country innXSESEXXXXXXXXXXXXRefer to special exception standards
    Hotel or motelXPPSESEPPPPPPPPPP27-5102(e)(11)(B) and refer to special exception standards
    Recreational campgroundXSEPXXXXXXXXXXXSE27-5102(e)(11)(C) and refer to special exception
    Water-Related UsesBoat sales, rental, service, or repairXPSEXXXXXXXXXXXX27-5102(e)(12)(A) and refer to special exception standards
    Boat storage yardXPXPPXXXXXXXXXX27-5102(e)(12)(B) and refer to special exception standards
    Marinas and marina expansionsXSESESEXXXXXXXXXXXRefer to special exception standards
    Waterfront boat fuel salesXSESESEXXXXXXXXXXXRefer to special exception standards
    Industrial Uses
    Extraction UsesSand and gravel wet-processingXSESESEPXXXXXXXXXSE27-5102(f)(2)(A) and refer to special exception standards
    Surface miningXSESESESEXXXXXXXXXXRefer to special exception standards
    Industrial Service UsesBulk storage of gasolineXXXSEPXXXXXXXXXXRefer to special exception standards
    Contractor’s yard, photographic processing plantXPXPPXXXXXXXXXX 
    Dry-cleaning, laundry, or carpet-cleaning plantXPXPPXXXXXXXXXX 
    Fuel oil or bottled gas distributionXXXPPXXXXXXXXXX 
    Landscaping contractor’s businessXXXXXXXXXXXXXXXRefer to special exception standards
    Printing or similar reproduction facility, small engine repair shopXPSEPPXXPXXXXXXXRefer to special exception standards
    Liquid gas storageXXXSESEXXXXXXXXXXRefer to special exception standards
    Research and developmentXPPPPPPPPPPPPPX 
    SlaughterhouseXXXXPXXXXXXXXXX 
    Manufacturing UsesAbrasives and asbestos products manufacturingXXXXSEXXXXXXXXXXRefer to special exception standards
    Alcohol production facility, large-scaleXSEXPPXXXXXXXXXXRefer to special exception standards
    Asphalt mixing plantXXXXSEXXXXXXXXXXRefer to special exception standards
    Beverage bottlingXSEXPPXXXXXXXXXXRefer to special exception standards
    Cannabis processorXXXPPXXXXXXXXXX27-5102(f)(3)(A)
    Cannabis micro-processorXXXPPXXXXXXXXXX27-5102(f)(3)(B)
    Cement manufacturingXXXXSEXXXXXXXXXXRefer to special exception standards
    Concrete batching plantXXXXSEXXXXXXXXXXRefer to special exception standards
    Concrete or brick products manufacturingXXXXPXXXXXXXXXX27-5102(f)(3)(C)
    Food processingXXXXSEXXPXXXXXXXRefer to special exception standards
    Heavy armament fabricationXXXSEPXXXXXXXXXXRefer to special exception standards
    Manufacturing, assembly or fabrication, lightXSEPPPPPPXPXXXXXRefer to special exception standards
    Manufacturing, assembly or fabrication, heavyXXXSEPXXXXXXXXXX27-5102(f)(3)(E) and refer to special exception standards
    Paper and paperboard productsXXXSEPXXXXXXXXXX27-5102(f)(3)(F) and refer to special exception standards
    Warehouse and Freight Movement UsesCold storage plant or distribution warehouseXXXPPXXPXXXXXXXRefer to special exception standards
    Consolidated storageXXXPPXXXXXXXXXX27-5102(f)(4)(A) and refer to special exception standards
    Motor freight facilityXXXPPXXXXXXXXXXRefer to special exception standards
    Outdoor storage (as a principal use)XSEXPPXXXXXXXXXX27-5102(f)(4)(B) and refer to special exception standards
    Storage warehouseXSEXPPXXPXXXXXXXRefer to special exception standards
    Warehouse showroomXSEXPPXXPXXXXXXX27-5102(f)(4)(C) and refer to special exception standards
    Resource Recovery and Waste Management UsesClass 3 fillXSESESESEXXXXXXXXXXRefer to special exception standards
    Composting facilityXXXXPXXXXXXXXXX 
    Concrete recycling facilityXXXSESEXXXXXXXXXXRefer to special exception standards
    Electronic recycling facilityXXXSESEXXXXXXXXXXRefer to special exception standards
    JunkyardXXXSESEXXXXXXXXXXRefer to special exception standards
    Paper recycling collection centerXXXSEPXXXXXXXXXXRefer to special exception standards
    Recycling collection centerXSESEPPXXPXPXPXPP27-5102(f)(5)(A) and refer to special exception standards
    Recycling of non-ferrous metalsXXXSEPXXXXXXXXXXRefer to special exception standards
    Recycling plantXXXSEPXXXXXXXXXX27-5102(f)(5)(B) and refer to special exception standards
    Sanitary landfill; rubble fillXSESESESEXXXXXXXXXXRefer to special exception standards
    Solid waste processing facilityXXXXPXXXXXXXXXX27-5102(f)(5)(C) and refer to special exception standards
    Solid waste transfer stationXXXXSEXXXXXXXXXX27-5102(f)(5)(D) and refer to special exception standards
    Vehicle salvage yardXXXSESEXXXXXXXXXXRefer to special exception standards
    Wholesale UsesFood or beverage distribution at wholesaleXPSEPPXXXXXXXXXXRefer to special exception standards
    All other wholesale usesXXXPPXXXXXXXXXX 
    1. (e)
      Principal Use Table for Planned Development Zones
    Table 27-5101(e): Principal Use Table for Planned Development Zones
    A = Permitted, unless the District Council prohibits the use in the PD Basic Plan
    SE = Allowed only with the approval of a Special Exception X = Prohibited
    Principal Use CategoryPrincipal Use TypePlanned Development ZonesUse-Specific Standards
    R-PDNAC-PDTAC-PDLTO-PDRTO-PDMU-PDIE-PD
    Rural and Agricultural Uses
    Agriculture/Forestry UsesAgricultureXXXXXXX 
    Cannabis growerXXXXXXX27-5102(b)(1)(B)
    Cannabis micro-growerXXXXXXX27-5102(b)(1)(C)
    Community gardenAAAAAAA27-5102(b)(1)(A)
    ForestryAXXXXXX 
    Keeping of horses or poniesXXXXXXX 
    Nursery and garden centerXXXXXXXRefer to special exception standards
    Urban agricultureAXXXXAA27-5102(b)(1)(D)
    Agriculture/Forestry Related UsesAgriculture research facilityAXXXXXXRefer to special exception standards
    Equestrian centerAXXXXXXRefer to special exception standards
    Farm-based alcohol productionXXXXXXX27-5102(b)(2)(A)
    Farm marketAXXXXAA 
    Farm supply sales or farm machinery/implement sales, rental, or repairXXXXXXXRefer to special exception standards
    Food hubXXXXXXXRefer to special exception standards
    Riding stableAXXXXXX 
    SawmillSEXXXXXX27-5102(b)(2)(B) and refer to special exception standards
    Open Space UsesArboretum or botanical garden, park or greenway, or public water-oriented recreational and educational areaAAAAAAA27-5102(b)(3)(A)
    Residential Uses
    Household Living UsesArtists’ residential studiosXAAAAAX27-5102(c)(1)(A) and refer to special exception standards
    Conversion of a single-family detached dwelling to add a maximum of two (2) additional dwelling unitsSEXXXXXXRefer to special exception standards
    Dwelling, live-workAAAAAAA27-5102(c)(1)(B) and refer to special exception standards
    Dwelling, multifamilyAAAAAAA27-5102(c)(1)(D) and refer to special exception standards
    Dwelling, single-family detachedAXAXXAX 
    Dwelling, three-familyAAAAAAA 
    Dwelling, townhouseAAAAAAA27-5102(c)(1)(D)
    Dwelling, two-familyAAAAAAX27-5102(c)(1)(D)
    Manufactured home parkXXXXXXX27-5102(c)(1)(F)
    Mobile homeXXXXXXX27-5102(c)(1)(C) and refer to special exception standards
    Group Living UsesApartment housing for elderly or physically disabled familiesAAAAAAXRefer to special exception standards
    Assisted living facility≤ 8 elderly or handicapped residentsXXXXXAX27-5102(c)(2)(A) and refer to special exception standards
    > 8 elderly or handicapped residentsXXAAAAX
    Boarding or rooming houseSEXXXXXX27-5102(c)(2)(D) and refer to special exception standards
    Convent or monasteryXXXXXXX 
    Fraternity or sorority houseXXXXXXXRefer to special exception standards
    Group residential facilityAXXXXAX27-5102(c)(2)(B)
    Planned retirement communitySEXXXXSESERefer to special exception standards
    Private DormitoryXXXXXXX27-5102(c)(2)(C)
    Public, Civic, and Institutional Uses
    Communication UsesAntennaAAAAAAA27-5102(d)(1)(A)
    Broadcasting studio and newspaper/periodical publishing establishmentAAAAAAA 
    Tower, pole, or monopoleSESESESESESESE27-5102(d)(1)(B) and refer to special exception standards
    Community Service UsesAdaptive use of a Historic SiteSESESESESESESERefer to special exception standards
    Adult day care centerAAAAAAX27-5102(d)(2)(D) and refer to special exception standards
    Cultural facilityAAAAAAXRefer to special exception standards
    Day care center for childrenSEAAAAASE27-5102(d)(2)(A) and refer to special exception standards
    Eleemosynary or philanthropic institutionXXXXXXXRefer to special exception standards
    Emergency services facilityAAAAAAARefer to special exception standards
    Place of worship located on a lot less than 1 acre in sizeAAAAAAA27-5102(d)(2)(C) and refer to special exception standards
    Place of worship located in a building that was originally constructed as a dwelling, on a lot less than 1 acre in size.AAAAAAA
    Place of worship located on a lot between 1 and 2 acres in sizeAAAAAAA
    Place of worship located in a building that was originally constructed as a dwelling, on a lot between 1 and 2 acres in sizeAAAAAAA
    Place of worship, all othersAAAAAAA
    Educational UsesAdaptive reuse of a surplus public schoolSESESESESESESERefer to special exception standards
    College or universityAAAAAAA27-5102(d)(3)(A) and refer to special exception standards
    Driving schoolXAAXXAA27-5102(d)(3)(B)
    Private schoolAAAAAAX27-5102(d)(3)(C) and refer to special exception standards
    Vocational or trade schoolXAAAAAA 
    Water dependent research facility or activity operated by a government or educational institutionXXXXXAX27-5102(d)(3)(D) and refer to special exception standards
    Health Care UsesHospitalXXAAAAX 
    Health campusSEXXXXXXRefer to special exception standards
    Medical or dental office or labXXAAAAA 
    Medical/residential campusSEXXXXXXRefer to special exception standards
    Nursing or care homeAAAAAAX27-5102(d)(4)(A) and refer to special exception standards
    State-licensed medical clinicXXXXXXX27-5102(d)(4)(B)
    Transportation UsesAirfield, Airpark, Airport or AirstripXXXXXXXRefer to special exception standards
    Park and ride facilityXXAAAAARefer to special exception standards
    Parking facilityXAAAAAA27-5102(d)(5)(A) and refer to special exception standards
    Parking of commercial vehiclesXXXXXXXRefer to special exception standards
    Transit station or terminalXAAAAAARefer to special exception standards
    Utility UsesSolar energy systems, large-scaleXXXXXXA27-5102(d)(6)(A) and refer to special exception standards
    Public utility uses or structures, majorSEXXXXXSE27-5102(d)(6)(B) and refer to special exception standards
    Public utility uses or structures, minorAAAAAAA 
    Wind energy conversion system, large-scaleXXXXXXA27-5102(d)(6)(C) and refer to special exception standards
    Commercial Uses
    Adult UsesAdult book or video storeXXXXXXX27-5102(e)(2)
    Adult entertainmentXXXXXXX27-5102(e)(2)
    Animal Care UsesAnimal shelterAAAAAAX27-5102(e)(3)(A) and refer to special exception standards
    Kennel of a lot having a net area of 20,000 sq. ft. or lessXXXXXSEA27-5102(e)(3)(D) and refer to special exception standards
    Kennel on a lot having a net area of more than 20,000 sq. ft.XXXXXSEA27-5102(e)(3)(E) and refer to special exception standards
    Pet grooming establishmentAAAAAAX27-5102(e)(3)(B)
    Veterinary hospital or clinicAAAAAAX27-5102(e)(3)(C) and refer to special exception standards
    Arts and Artisanal Production UsesArt galleryXXXXXXX 
    Art, photography, music, dance, yoga, pilates, or martial arts studio or schoolsAAAAAAARefer to special exception standards
    Manufacturing, artisan or makerXAAAAAARefer to special exception standards
    Tattoo or body piercing establishmentXXXXXXX 
    Business Support Service UsesQualified data centerXXAXXXA27-5102(e)(4)(B)
    All other business support servicesXXAAAAA27-5102(e)(4)
    Eating or Drinking Establishment UsesAlcohol production facility, small-scale; shared commercial kitchen; Restaurant; and Restaurant, quick-service (without drive-through)AAAAAAA27-5102(e)(5)
    Cannabis on-site consumption establishmentXXXXXXX 
    Catering establishmentXXXXXAA 
    Catering or food processing for off-site consumptionAAAAAAA27-5102(e)(5)(C)
    Restaurant, quick-service (with drive-through)SEXXXXXXRefer to special exception standards
    Funeral and Mortuary Service UsesCemetery or crematorySEXXXXXSERefer to special exception standards
    Funeral parlor or undertaking establishmentSEXXXXSEX27-5102(e)(6)(A) and refer to special exception standards
    All other funeral and mortuary usesXXAAAAXRefer to special exception standards
    Office UsesContractor’s officeXAAAAAA 
    Office, general business and professionalAAAAAAA 
    Office parkXAAAAAA 
    Personal Service UsesMassage establishmentXXXXXSEXRefer to special exception standards
    Model studioXXXXXXXRefer to special exception standards
    All other personal service usesAAAAAAX27-5102(e)(7)
    Recreation/
    Entertainment Uses
    Amusement parkXXXXXXXRefer to special exception standards
    Arena, stadium, or amphitheaterXXAAAXX27-5102(e)(8)(A) and refer to special exception standards
    Cigar club/loungeXXXXXXX27-5102(e)(8)(B)
    CinemaAAAAAAX 
    Club or lodge, privateXXXXXXXRefer to special exception standards
    Commercial recreation attractionXXXXXXXRefer to special exception standards
    Commercial recreational facilities (privately owned) on land leased from a public agencyXXXXXXXRefer to special exception standards
    Country clubXXXXXXX Refer to special exception standards
    Entertainment establishmentXAAAAAX27-5102(e)(8)(C)
    Golf courseAXXXXSEXRefer to special exception standards
    Golf driving rangeAXXXXXXRefer to special exception standards
    NightclubXXAAAAA27-5102(e)(8)(C) and refer to special exception standards
    Nonprofit recreational useSEXXXXXXRefer to special exception standards
    Performance arts centerXAAAAAXrefer to special exception standards
    Racetrack, pari-mutuelXXXXXSEXRefer to special exception standards
    Recreation facility, indoorAAAAAAX27-5102(e)(8) and refer to special exception standards
    Recreation facility, outdoorAXAAAAA27-5102(e)(8) and refer to special exception standards
    Recreational or entertainment establishment of a commercial natureXAAAAAX27-5102(e)(8)(D) and refer to special exception standards
    Rifle, pistol, or skeet shooting range: indoorXXXXXXA27-5102(e)(8)(E) and refer to special exception standards
    Rifle, pistol, or skeet shooting range: outdoor; lot area ≤ 20 acresXXXXXXSERefer to special exception standards
    Rifle, pistol, or skeet shooting range: outdoor; lot area > 20 acresXXXXXXXRefer to special exception standards
    Skating facilityXXXXXAA27-5102(e)(8)(F) and refer to special exception standards
    Waterfront entertainment/retail complexXXAAAAX 
    Retail Sales and Service UsesAutomated teller machine (ATM), freestandingXAAAAAA27-5102(e)(9)(A)
    Bank or other financial institutionXXXXXXX27-5102(e)(9)(B)
    Cannabis dispensaryAAAAAAA27-5102(e)9)(C)
    Cannabis micro-dispensaryAAAAAAA27-5102(e)(9)(D)
    Check cashing businessXSESEXXSESERefer to special exception standards
    Combination retailXXAAAAX27-5102(e)(9)(E) and refer to special exception standards
    Consumer goods establishmentAAAAAAA 
    Convenience storeAAAAAAA27-5102(e)(9)(F)
    Drug store or pharmacyXAAAAAX27-5102(e)(9)(G)
    Farmers’ marketAAAAAAA27-5102(e)(9)(H)
    Food and market hallXAAAAAA 
    Grocery store or food marketAAAAAAA 
    Manufactured or modular home salesXXXXXXX 
    PawnshopXXXXXSEXRefer to special exception standards
    Tobacco shop, electronic cigarette shop or retail tobacco businessXXXXXXXRefer to special exception standards
    Vehicle Sales and Service UsesCommercial fuel depotXXXXXXX27-5102(e)(10)(A) and refer to special exception standards
    Commercial vehicle repair and maintenanceXXXXXXXRefer to special exception standards
    Commercial vehicle sales and rental and Personal vehicle sales and rentalXXXXXXX27-5102(e)(10)(D) and refer to special exception standards
    Gas stationXXSEXXSESERefer to special exception standards
    Heavy equipment sales, rental, servicing, or storageXXXXXXX 
    Personal vehicle repair and maintenanceXXAXXAX27-5102(e)(10)(C) and refer to special exception standards
    Taxi or limousine service facilityXXAAAAA27-5102(e)(10)(E)
    Vehicle parts or tire storeXXXXXXX27-5102(e)(10)(F)
    Vehicle paint finishing shop and vehicle or trailer storage yardXXXXXXX 
    Vehicle towing and wrecker serviceXXXXXXX27-5102(e)(10)(G) and refer to special exception standards
    Visitor Accommodation UsesBed and breakfast (as accessory to single-family dwelling)AXXXXXX27-5102(e)(11)(A)
    Country innSEXXXXSEXRefer to special exception standards
    Hotel or motelXAAAAAA27-5102(e)(11)(B) and refer to special exception standards
    Recreational campgroundXXXXXXX27-5102(e)(11)(C) and refer to special exception standards
    Water-Related UsesBoat sales, rental, service, or repairXXXXXXX27-5102(e)(12)(A) and refer to special exception standards
    Boat storage yardXXXXXXX27-5102(e)(12)(B) and refer to special exception standards
    Marinas and marina expansionsXXXXXXXRefer to special exception standards
    Waterfront boat fuel salesXXXXXXXRefer to special exception standards
    Industrial Uses
    Extraction UsesSand and gravel wet-processingSEXXXXSESE27-5102(f)(2)(A) and refer to special exception standards
    Surface miningXXXXXXXRefer to special exception standards
    Industrial Service UsesBulk storage of gasolineXXXXXXSERefer to special exception standards
    Contractor’s yard, photographic processing plantXXXXXXX 
    Dry-cleaning, laundry, or carpet-cleaning plantXXXXXXX 
    Fuel oil or bottled gas distributionXXXXXXX 
    Landscaping contractor’s businessXXXXXXXRefer to special exception standards
    Printing or similar reproduction facility, small engine repair shopXXXXXXXRefer to special exception standards
    Liquid gas storageXXXXXXSERefer to special exception standards
    Research and developmentXAAAAAA 
    SlaughterhouseXXXXXXX 
    Manufacturing UsesAbrasives and asbestos products manufacturingXXXXXXXRefer to special exception standards
    Alcohol production facility, large-scaleXXAAAAA 
    Asphalt mixing plantXXXXXXXRefer to special exception standards
    Beverage bottlingXXAAAAA 
    Cannabis processorXXXXXXA27-5102(f)(3)(A)
    Cannabis micro-processorXXXXXXA27-5102(f)(3)(B)
    Cement manufacturingXXXXXXXRefer to special exception standards
    Concrete batching plantXXXXXXXRefer to special exception standards
    Concrete or brick products manufacturingXXAAAAA27-5102(f)(3)(C)
    Food processingXXXXXXX 
    Heavy armament fabricationXXXXXXSERefer to special exception standards
    Manufacturing, assembly, or fabrication, lightXXAAAAARefer to special exception standards
    Manufacturing, assembly, or fabrication, heavyXXXXXXA27-5102(f)(3)(E) and refer to special exception standards
    Paper and paperboard productsXXXXXXSE27-5102(f)(3)(F) and refer to special exception standards
    Warehouse and Freight Movement UsesCold storage plant or distribution warehouseXXXXXXARefer to special exception standards
    Consolidated storageXXXXXXA27-5102(f)(4)(A) and refer to special exception standards
    Motor freight facilityXXXXXXARefer to special exception standards
    Outdoor storage (as a principal use)XXXXXXX27-5102(f)(4)(B) and refer to special exception standards
    Storage warehouseXXXXXXARefer to special exception standards
    Warehouse showroomXXXXXXA27-5102(f)(4)(C) and refer to special exception standards
    Resource Recovery and Waste Management UsesClass 3 fillSEXXXXSESERefer to special exception standards
    Composting facilityXXXXXXX 
    Concrete recycling facilityXXXXXXSERefer to special exception standards
    Electronic recycling facilityXXXXXXSERefer to special exception standards
    JunkyardXXXXXXSERefer to special exception standards
    Paper recycling collection centerXXXXXXSERefer to special exception standards
    Recycling collection centerAAAAAXA27-5102(f)(5)(A) and refer to special exception standards
    Recycling of non-ferrous metalsXXXXXXSERefer to special exception standards
    Recycling plantXXXXXXX27-5102(f)(5)(B) and refer to special exception standards
    Sanitary landfill; rubble fillXXXXXXSERefer to special exception standards
    Solid waste processing facilityXXXXXXX27-5102(f)(5)(C) and refer to special exception standards
    Solid waste transfer stationXXXXXXX27-5102(f)(5)(D) and refer to special exception standards
    Vehicle salvage yardXXXXXXSERefer to special exception standards
    Wholesale
    Uses
    Food or beverage distribution at wholesaleXXXXXXXRefer to special exception standards
    All other wholesale usesXXXXXXX 
    1. (f)
      Principal Use Table for Overlay Zones
    Table 27-5101(f): Principal Use Table for Overlay Zones
    A blank cell means the use is allowed only if allowed in underlying base zone
    X = Prohibited, irrespective of treatment by underlying base zone
    SE* = Allowed only with approval of a Special Exception, irrespective of treatment by underlying base zone
    P* = Permitted by right, irrespective of treatment by underlying base zone
    Principal Use CategoryPrincipal Use TypeCBCAO Zones (1)APAO ZonesMIO Zones (2)Use Specific Standards
    RCOLDOIDOAPA-1APA-2APA-3SAPA-3MAPA-4APA-5APA-6APZCZHINA
    Rural and Agricultural Uses
    Agriculture/Forestry UsesAgriculture              
    Cannabis grower             27-5102(b)(1)(B)
    Cannabis micro-grower             27-5102(b)(1)(C)
    Community garden             27-5102(b)(1)(A)
    Forestry              
    Keeping of horses or ponies              
    Nursery and garden centerXXXXXXXXXXXXXRefer to special exception standards
    Urban agriculture             27-5102(b)(1)(D)
    Agriculture/Forestry Related UsesAgriculture research facility             Refer to special exception standards
    Equestrian center          XX Refer to special exception standards
    Farm-based alcohol production             27-5102(b)(2)(A)
    Farm market              
    Farm supply sales or farm machinery/implement sales, rental, or repair             Refer to special exception standards
    Food hub             Refer to special exception standards
    Riding stable              
    Sawmill             27-5102(b)(2)(B) and refer to special exception standards
    Open Space UsesArboretum or botanical garden, park or greenway, or public water-oriented recreational and educational area             27-5102(b)(3)(A)
    Residential Uses
    Household Living UsesArtists’ residential studios   XX   X    27-5102(c)(1)(A) and refer to special exception standards
    Conversion of a single-family detached dwelling to add a maximum of two (2) additional dwelling units             Refer to special exception standards
    Dwelling, live-work   XX   X    27-5102(c)(1)(B) and refer to special exception standards
    Dwelling, multifamily   XX   X XX 27-5102(c)(1)(D) and refer to special exception standards
    Dwelling, single-family detached   XX   X     
    Dwelling, three-family   XX   X     
    Dwelling, townhouse   X    X    27-5102(c)(1)(D)
    Dwelling, two-family   XX   X    27-5102(c)(1)(D)
    Manufactured home park   XX   X    27-5102(c)(1)(F)
    Mobile home   XX   X    27-5102(c)(1)(C) and refer to special exception standards
    Group Living UsesApartment housing for elderly or physically disabled families          XX Refer to special exception standards
    Assisted living facility≤ 8 elderly or handicapped residents   XXXX X XX 27-5102(c)(2)(A) and refer to special exception standards
    > 8 elderly or handicapped residents   XXXX X XX 
    Boarding or rooming house   XX   X XX 27-5102(c)(2)(D) and refer to special exception standards
    Convent or monastery   XX   X XX  
    Fraternity or sorority house   XX   X XX Refer to special exception standards
    Group residential facility   XX   X XX 27-5102(c)(2)(B)
    Planned retirement community          XX Refer to special exception standards
    Private dormitory   XX   X XX 27-5102(c)(2)(C)
    Public, Civic, and Institutional Uses
    Communication UsesAntenna             27-5102(d)(1)(A)
    Broadcasting studio and Newspaper/periodical publishing establishment              
    Tower, pole, or monopole             27-5102(d)(1)(B) and refer to special exception standards
    Community Service UsesAdaptive use of a Historic Site             Refer to special exception standards
    Adult day care center   XXXX X XX 27-5102(d)(2)(D) and refer to special exception standards
    Cultural facility          XX Refer to special exception standards
    Day care center for children   XXXX X XXX27-5102(d)(2)(A) and refer to special exception standards
    Eleemosynary or philanthropic institution          XX Refer to special exception standards
    Emergency services facility          XX Refer to special exception standards
    Place of worship located on a lot less than 1 acre in size           X 27-5102(d)(2)(C) and refer to special exception standards
    Place of worship located in a building that was originally constructed as a dwelling, on a lot less than 1 acre in size.           X 
    Place of worship located on a lot between 1 and 2 acres in size           X 
    Place of worship located in a building that was originally constructed as a dwelling, on a lot between 1 and 2 acres in size           X 
    Place of worship, all others           X 
    Educational UsesAdaptive reuse of a surplus public school             Refer to special exception standards
    College or university   XXXX X XX 27-5102(d)(3)(A) and refer to special exception standards
    Driving school          XX 27-5102(d)(3)(B)
    Private school   XXXX X XXX27-5102(d)(3)(C) and refer to special exception standards
    Vocational or trade school   XXXX X XX  
    Water-dependent research facility or activity operated by a government or educational institutionP*P*P*       XX 27-5102(d)(3)(D) and refer to special exception standards
    Health Care UsesHospital   XXXX X XX Refer to special exception standards
    Health campus             Refer to special exception standards
    Medical or dental office or lab              
    Medical/residential campus             Refer to special exception standards
    Nursing or care home          XX 27-5102(d)(4)(A) and refer to special exception standards
    State-licensed medical clinic          XX 27-5102(d)(4)(B)
    Transportation UsesAirfield, Airpark, Airport or Airstrip             Refer to special exception standards
    Park and ride facility             Refer to special exception standards
    Parking facility             27-5102(d)(5)(A) and refer to special exception standards
    Parking of commercial vehicles             Refer to special exception standards
    Transit station or terminal          XX Refer to special exception standards
    Utility UsesSolar energy systems, large-scale             27-5102(d)(6)(A) and refer to special exception standards
    Public utility uses or structures, major             27-5102(d)(6)(B) and refer to special exception standards
    Public utility uses or structures, minor              
    Wind energy conversion system, large-scale   XXXXXXXXXX27-5102(d)(6)(C) and refer to special exception standards
    Commercial Uses
    Adult UsesAdult book or video storeX            27-5102(e)(2)
    Adult entertainmentX            27-5102(e)(2)
    Animal Care UsesAnimal shelterX            27-5102(e)(3)(A) and refer to special exception standards
    Kennel of a lot having a net area of 20,000 sq. ft. or lessX            27-5102(e)(3)(D) and refer to special exception standards
    Kennel on a lot having a net area of more than 20,000 sq. ft.X            27-5102(e)(3)(E) and refer to special exception standards
    Pet grooming establishmentX            27-5102(e)(3)(B)
    Veterinary hospital or clinicX            27-5102(e)(3)(C) and refer to special exception standards
    Arts and Artisanal Production UsesArt gallery              
    Art, photography, music, dance, yoga, pilates, or martial arts studio or schools             Refer to special exception standards
    Manufacturing, artisan or maker             Refer to special exception standards
    Tattoo or body piercing establishment              
    Business Support Service UsesQualified data center             27-5102(e)(4)(B)
    All business support servicesX            27-5102(e)(4)
    Eating or Drinking Establishment UsesAlcohol production facility, small-scale; shared commercial kitchen; Restaurant; and Restaurant, quick-service (without drive-through)X          X 27-5102(e)(5)
    Cannabis on-site consumption establishmentX             
    Catering establishmentX          X  
    Catering or food processing for off-site consumption             27-5102(e)(5)(C)
    Restaurant, quick-service (with drive-through)X          X  
    Funeral and Mortuary Service UsesCemetery or crematory             Refer to special exception standards
    Funeral parlor or undertaking establishment             27-5102(e)(6)(A) and refer to special exception standards
    All other funeral and mortuary usesX         XX Refer to special exception standards
    Office UsesContractor’s officeX             
    Office, general business and professionalX             
    Office parkX             
    Personal Service UsesMassage establishmentX            Refer to special exception standards
    Model StudioX            Refer to special exception standards
    All other personal service usesX            27-5102(e)(7)
    Recreation/
    Entertainment Uses
    Amusement parkX            Refer to special exception standards
    Arena, stadium, or amphitheaterX         XX 27-5102(e)(8)(A) and refer to special exception standards
    Cigar club/loungeX         XX 27-5102(e)(8)(B)
    CinemaX         XX  
    Club or lodge, private          XX Refer to special exception standards
    Commercial recreation attraction             Refer to special exception standards
    Commercial recreational facilities (privately owned) on land leased from a public agency             Refer to special exception standards
    Country clubX         XX Refer to special exception standards
    Entertainment establishmentX            27-5102(e)(8)(C)
    Golf courseX            Refer to special exception standards
    Golf driving rangeX            Refer to special exception standards
    NightclubX         XX 27-5102(e)(8)(C) and refer to special exception standards
    Nonprofit recreational use             Refer to special exception standards
    Performance arts centerX         XX Refer to special exception standards
    Racetrack, pari-mutuel             Refer to special exception standards
    Recreation facility, indoorX         XX 27-5102(e)(8) and refer to special exception standards
    Recreation facility, outdoorX         XXX27-5102(e)(8) and refer to special exception standards
    Recreational or entertainment establishment of a commercial natureX         XX 27-5102(e)(8)(D) and refer to special exception standards
    Rifle, pistol, or skeet shooting range: indoorX            27-5102(e)(8)(E) and refer to special exception standards
    Rifle, pistol, or skeet shooting range: outdoor; lot area ≤ 20 acresX            Refer to special exception standards
    Rifle, pistol, or skeet shooting range: outdoor; lot area > 20 acresX            Refer to special exception standards
    Skating facilityX            27-5102(e)(8)(F) and refer to special exception standards
    Waterfront entertainment/retail complexX         XX  
    Retail Sales and Service UsesAutomated teller machine (ATM), freestandingX            27-5102(e)(9)(A)
    Bank or other financial institutionX          X 27-5102(e)(9)(B)
    Cannabis dispensaryX            27-5102(e)(9)(C)
    Cannabis micro-dispensaryX            27-5102(e)(9)(D)
    Check cashing businessX            Refer to special exception standards
    Combination retailX          X 27-5102(e)(9)(E) and refer to special exception standards
    Consumer goods establishmentX          X  
    Convenience storeX            27-5102(e)(9)(F)
    Drug store or pharmacyX            27-5102(e)(9)(G)
    Farmers’ marketX          X 27-5102(e)(9)(H)
    Food and market hallX          X  
    Grocery store or food marketX          X  
    Manufactured or modular home salesX             
    PawnshopX            Refer to special exception standards
    Tobacco shop, electronic cigarette shop or retail tobacco businessX            Refer to special exception standards
    Vehicle Sales and Service UsesCommercial fuel depotX            27-5102(e)(10)(A) and refer to special exception standards
    Commercial vehicle repair and maintenanceX            Refer to special exception standards
    Commercial vehicle sales and rental and Personal vehicle sales and rentalX            27-5102(e)(10)(D) and refer to special exception standards
    Gas stationX            Refer to special exception standards
    Personal vehicle repair and maintenanceX            27-5102(e)(10)(C) and refer to special exception standards
    Taxi or limousine service facilityX            27-5102(e)(10)(E)
    Vehicle parts or tire storeX            27-5102(e)(10)(F)
    Vehicle paint finishing shop and vehicle or trailer storage yardX             
    Vehicle towing and wrecker serviceX            27-5102(e)(10(G) and refer to special exception standards
    Visitor accommodation UsesBed and breakfast (as accessory to single-family dwelling)             27-5102(e)(11)(A)
    Country InnX            Refer to special exception standards
    Hotel or motelX         XX 27-5102(e)(11)(B) and refer to special exception standards
    Recreational campgroundX            27-5102(e)(11)(C) and refer to special exception standards
    Water-Related UsesBoat sales, rental, service, or repairX            27-5102(e)(12)(A) and refer to special exception standards
    Boat storage yardXSE*SE*          27-5102(e)(12)(B) and refer to special exception standards
    Marinas and marina expansionsSE*SE*SE*          Refer to special exception standards
    Waterfront boat fuel salesX         XX Refer to special exception standards
    Industrial Uses
    Extraction UsesSand and gravel wet-processingXSE*SE*       XX 27-5102(f)(2)(A) and refer to special exception standards
    Surface miningXSE*SE*       XX Refer to special exception standards
    Industrial Service UsesBulk storage of gasolineXX           Refer to special exception standards
    Contractor’s yard, photographic processing plantXX            
    Dry-cleaning, laundry, or carpet-cleaning plantXX            
    Fuel oil or bottled gas distributionXX        XX  
    Landscaping contractor’s businessXX           Refer to special exception standards
    Printing or similar reproduction facility, small engine repair shopXX           Refer to special exception standards
    Liquid gas storageXX           Refer to special exception standards
    Research and developmentXX            
    SlaughterhouseXX            
    Manufacturing UsesAbrasives and asbestos products manufacturingXX           Refer to special exception standards
    Alcohol production facility, large-scaleXX           Refer to special exception standards
    Asphalt mixing plantXX           Refer to special exception standards
    Beverage bottlingXX           Refer to special exception standards
    Cannabis processor             27-5102(f)(3)(A)
    Cannabis micro-processor             27-5102(f)(3)(B)
    Cement manufacturingXX           Refer to special exception standards
    Concrete batching plantXX        XX Refer to special exception standards
    Concrete or brick products manufacturingXX        XX 27-5102(f)(3)(C)
    Food processingXX           Refer to special exception standards
    Heavy armament fabricationXX           Refer to special exception standards
    Manufacturing, assembly, or fabrication, lightXX           Refer to special exception standards
    Manufacturing, assembly, or fabrication, heavyXX           27-5102(f)(3)(E) and refer to special exception standards 
    Paper and paperboard productsXX           27-5102(f)(3)(F) and refer to special exception standards
    Warehouse and Freight Movement UsesCold storage plant or distribution warehouseXX           Refer to special exception standards
    Consolidated storageXX           27-5102(f)(4)(A) and refer to special exception standards
    Motor freight facilityXX           Refer to special exception standards
    Outdoor storage (as a principal use)XX           27-5102(f)(4)(B) and refer to special exception standards
    Storage warehouseXX           Refer to special exception standards
    Warehouse showroomXX           27-5102(f)(4)(C) and refer to special exception standards
    Resource Recovery and Waste Management UsesClass 3 fillXX        XX Refer to special exception standards
    Composting facilityXX        XX  
    Concrete recycling facilityXX        XX Refer to special exception standards
    Electronic recycling facilityXX           Refer to special exception standards
    JunkyardXX           Refer to special exception standards
    Paper recycling collection centerXX           Refer to special exception standards
    Recycling collection centerXX        XX 27-5102(f)(5)(A) and refer to special exception standards
    Recycling of non-ferrous metalsXX           Refer to special exception standards
    Recycling plantXX           27-5102(f)(5)(B) and refer to special exception standards
    Sanitary landfill; rubble fillXXX       XX Refer to special exception standards
    Solid waste processing facilityXX        XX 27-5102(f)(5)(C) and refer to special exception standards
    Solid waste transfer stationXX        XX 27-5102(f)(5)(D) and refer to special exception standards
    Vehicle salvage yardXX           Refer to special exception standards
    Wholesale
    Uses
    Food or beverage distribution at wholesaleXX           Refer to special exception standards
    All other wholesale usesXX            
     NOTES:
    1. (1)
      Section 27-5102(e)(1), General CBAO Zone Use Standard Modifications, contains additional standards for uses in the CBCAO Zone.
    2. (2)
      Section 27-4402(c)(4), Modified Use Standards for MIO Zone, contains additional standards for uses in the MIO Zone.

    Editor's Notes: 

    On June 30, 2025, Amendment 5 to CB-015-2024 was reversed (Kathy Bartolomeo et al. C-16-CV-24-003613). On June 30, 2025, Amendment 15 to CB-015-2024 was remanded (Kathy Bartolomeo et al. C-16-CV-24-003613) and subsequently failed via Council vote.

    (CB-068-2022; CB-071-2022; CB-076-2022; CB-078-2022; CB-080-2022; CR-003-2023; CB-015-2023; CB-009-2023; CB-011-2023; CB-068-2023; CB-013-2024; CB-028-2024; CB-015-2024; CB-027-2025; CB-065-2025; CB-069-2025) 

    27-5102. Requirements for Permitted Principal Uses

  • (a)
    General
    1. (1)
      Standards for a specific principal use shall apply to the particular individual principal use regardless of the zone in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This Section sets forth and consolidates the standards for all principal uses for which a reference to this Section is provided in the "Use-Specific Standards" column of the principal use tables in Section 27-5101, Principal Use Tables. These standards may be modified by other applicable standards or requirements in this Ordinance.
  • (b)
    Agricultural Uses
    1. (1)
      Agriculture/Forestry Uses
      1. (A)
        Community Garden
        1. (i)
          Accessory structures shall be limited to sheds for the storage of tools, greenhouses, and similar structures.
        2. (ii)
          Areas used for communal composting shall be limited to ten percent of the area of the parcel.
        3. (iii)
          Perimeter fences, including trellises, are allowed in community gardens, up to eight feet in height, subject to the standards in Section 27-6600, Fences and Walls.
      2. (B)
        Cannabis Grower
        1. (i)
          The boundaries of property used for an outdoor cannabis grower use shall be located a minimum of 300 feet from:
          1. (aa)
            Any of the following Zones: RE, RR, RSF-95, RSF-65, and R-PD;
          2. (bb)
            Any land owned by The Maryland-National Capital Park and Planning Commission; and
          3. (cc)
            Any pre-existing primary or secondary school in the State, a pre-existing licensed childcare center, or registered pre-existing family childcare home under the Education Article, Annotated Code of Maryland.
        2. (ii)
          Except for outdoor cultivation in the AG Zone pursuant to State licensing regulations, all aspects of the use shall be conducted within a fully enclosed building, in accordance with all applicable laws, rules, and regulations.
        3. (iii)
          In the AG Zone, outdoor cultivation areas shall be located a minimum of 100 feet from any street or property line and shall be fenced in accordance with applicable State licensing regulations. A planted bufferyard between the fence line and cultivation area shall be installed.
        4. (iv)
          Outdoor signage shall be limited to building-mounted signs. Advertisement for cannabis or cannabis products is prohibited.
        5. (v)
          Cannabis grower is not permitted as an accessory use.
      3. (C)
        Cannabis Micro-Grower
        1. (i)
          The boundaries of property used for an outdoor Cannabis micro-grower use shall be located a minimum of three hundred (300) feet from:
          1. (aa)
            Any of the following Zones: RE, RR, RSF-95, RSF-65, and R-PD;
          2. (bb)
            Any land owned by The Maryland-National Capital Park and Planning Commission; and
          3. (cc)

            Any pre-existing primary or secondary school in the State, a pre-existing licensed childcare center, or registered pre-existing family childcare home under the Education Article, Annotated Code of Maryland.

        2. (ii)
          Except for outdoor cultivations in the AG Zone pursuant to State licensing regulations, all aspects of the use shall be conducted within a fully enclosed building, in accordance with all applicable laws, rules, and regulations.
        3. (iii)

          In the AG Zone, outdoor cultivation areas shall be located a minimum of fifty (50) feet from any street or property line and shall be fenced in accordance with applicable State licensing regulations. A planted bufferyard between the fence line and cultivations area shall be installed.

        4. (iv)
          Outdoor signage shall be limited to building-mounted signs. Advertisement for Cannabis or Cannabis products is prohibited.
        5. (v)

          Cannabis micro-grower is not permitted as an accessory use. However, it may co-locate with a Cannabis micro-dispensary and/or Cannabis micro-processor use.

      4. (D)
      5.  
        1. (i)
          A Health Department permit is required if fruits and vegetables are cut up or prepared foods are sold to the public.
        2. (ii)
          Landscape Manual regulations do not apply to urban agriculture.
        3. (iii)
          In the RSF-95, RSF‐65, and NAC zones, an urban agriculture use shall comply with the following additional standards:
          1. (aa)
            Urban agriculture shall not cause noxious odors or dust to drift off the premises;
          2. (bb)
            Onsite signage shall be limited to one identification sign not exceeding six square feet in area, and interpretative signs educating attendees about urban agriculture, in accordance with Section 27-61500, Signage;
          3. (cc)
            Urban agriculture shall be maintained in an orderly manner, including litter removal, irrigation, pest control, and removal of dead or diseased plant materials. All garbage shall be removed from the site weekly;
          4. (dd)
            Garbage and compost receptacles at an urban agriculture use, including buried compost receptacles, shall be screened from the street and adjacent properties by utilizing landscaping, fencing, or storage within structures;
          5. (ee)
            An urban agriculture use shall obtain all necessary permits as applicable, including for accessory structures and signage,
          6. (ff)
            Crop plantings shall be located a minimum of ten feet from the front street line.
        4. (iv)
          In the RMF‐20 Zone, urban agriculture shall comply with the following additional standards:
          1. (aa)
            An urban agriculture use shall not exceed five acres in size; and
          2. (bb)
            No signage other than wayfinding and directional signs shall be posted.
    2. (2)
      Agriculture/Forestry-Related Uses
      1. (A)
        Farm-based Alcohol Production
        1. (i)
          This use shall be located on land at least two acres in area.
        2. (ii)
          Farm-based alcohol production shall not be permitted on a lot or open space parcel within a subdivision that is subject to a governance structure and regulations (i.e., a homeowners' association and recorded covenants).
        3. (iii)
          Sampling and sale for on- and off-site consumption of products produced on the premises is allowed as an accessory use, subject to the following:
          1. (aa)
            Such activity shall comply with State and County alcohol laws and regulations; and
          2. (bb)
            Areas designated for tasting (tasting rooms) shall not occupy more than 60 percent of the total gross floor area of the principal building used for the processing of alcohol.
        4. (iv)
          The sale of food is permitted on the premises in accordance with State law; however, the farm-based alcohol production facility may not include a grocery store or food market.
        5. (v)
          A restaurant may be permitted as a special exception approved in accordance with Section 27-3604, Special Exception, provided it is found to be compatible with the character of the farm and the surrounding area.
        6. (vi)
          Retail sales of merchandise or items other than alcohol are permitted if the items sold are primarily associated with the farm-based alcohol production use (e.g., glassware and souvenirs) or are locally produced goods that would be permitted to be sold at an artisans’ and crafters’ market or farmers' market. Promotional or special events related to the farm-based alcohol production facility—such as, but not limited to, wine festivals, publicly advertised functions, workshops, fund-raising or charitable functions, weddings, receptions, social events, or cultural exhibits—where the number of persons in attendance at any given time exceeds 200 persons shall be restricted to 12 events per calendar year. Smaller functions with less attendance—such as, but not limited to, alcohol tastings, private parties, production facility tours, meetings, or picnics—are permitted without limitation on the number of events.
        7. (vii)
          The farm-based alcohol production use shall be compatible with the character of the farm and the surrounding area.
      2. (B)
        Sawmill
      3.  
        1. (i)
          No machinery or sawdust or woodchip piles shall be located less than 100 feet from each lot line, and all machinery shall be secured against unauthorized use.
        2. (ii)
          Sawdust or woodchip piles shall not exceed a height of 50 feet.
    3. (3)
      Open Space Uses
      1. (A)
      2.  
        1. (i)
          Within a Chesapeake Bay Critical Area Overlay Zone, the following standards shall apply:
          1. (aa)
            The area shall meet a recognized public or private need.
          2. (bb)
            The area and any associated structure or activities shall be water-dependent in accordance with the definition of "water-dependent facilities" in COMAR 27.01.03.01 and meet the general criteria in COMAR 27.01.03.04(B). Any area or associated structure or activity that is not a "water-dependent facility" shall be located outside the buffer insofar as possible.
          3. (cc)
            Adverse effects on water quality and on fish, plant, and wildlife habitat shall be avoided, and if avoidance is not possible, minimized.
          4. (dd)
            The use is consistent with the approved Area Master Plan or Sector Plan for the area.
        2. (ii)
          Within a Resource Conservation Overlay (RCO) Zone or Limited Development Overlay (LDO) Zone, the area and any associated structure or activity may be located within the buffer subject to the following standards:
          1. (aa)
            There shall be adequate sanitary facilities.
          2. (bb)
            Within a Resource Conservation Zone, Service facilities for areas for passive recreation (e.g., nature study, hunting, trapping) or education shall be located outside the buffer. Otherwise, service facilities shall be located outside the buffer to the maximum extent possible.
          3. (cc)
            Permeable surfaces shall be maximized to the extent possible, if no degradation of groundwater would result.
          4. (dd)
            Disturbance to natural vegetation shall be minimized.
  • (c)
    Residential Uses
    1. (1)
      Household Living Uses
      1. (A)
        Artists’ Residential Studios
        1. (i)
          Each artists’ residential studio unit shall combine individual studio and residential space to create an integrated living and working environment. Artists' residential studios may also provide areas for artists' use as common workspace or performance, office, or storage space.
        2. (ii)
          Each artists’ residential studio unit shall have at least 550 square feet of gross floor area.
        3. (iii)
          Nonresidential uses shall be located on the ground floor and may not occupy more than 50 percent of the total gross floor area.
      2. (B)
        Dwelling, Live-Work
        1. (i)
          The residential portion of the use shall occupy at least 50 percent of the total gross floor area.
        2. (ii)
          The nonresidential portion of the building shall be located on the ground floor.
        3. (iii)
          Employees shall be limited to occupants of the residential portion of the building plus up to three persons not residing in the residential portion.
        4. (iv)
          Drive-through service is prohibited as an accessory use. 
      3. (C)
        Mobile Home
        1. (i)
          The mobile home (and all of its enclosed extensions) shall be situated on, and securely anchored to, a mobile home stand.
        2. (ii)
          The mobile home (and all of its extensions) shall be skirted and/or have a foundation so that the undercarriage is hidden from view.
        3. (iii)
          The wheels of the mobile home shall be removed.
        4. (iv)
          The roof shall have a minimum pitch of 2.2 feet of rise to 12 feet of horizontal run, and shall be finished with a type of shingle or other roofing material commonly used in the construction of site-built single-family detached dwellings.
        5. (v)
          Exterior siding shall consist predominantly of vinyl or aluminum horizontal lap siding (with reflectivity no greater than gloss white paint), wood, or hardboard that is comparable in composition, appearance, and durability to the exterior siding commonly used in the construction of site-built single-family detached dwellings.
      4. (D)
        Dwelling, Multifamily in the CN Zone

        A building that contains a ground floor retail sales and service use and one or more multifamily dwellings located on or above the second floor shall comply with the following standards:

        1. (i)
          All required off-street parking shall be provided on the side or rear of the building.
        2. (ii)
          Front building façades of more than 60 feet in length shall be articulated into a series of evenly-spaced storefronts to increase visual interest and pedestrian orientation. Such buildings shall incorporate two or more of the following design elements on each façade visible from a street:
          1. (aa)
            Changes in wall plane (such as projections or recesses) with an offset or depth of at least one foot, and a width of at least ten feet, located a minimum of every 30 feet;
          2. (bb)
            Distinct changes in texture and color of wall surfaces;
          3. (cc)
            Variations in roof form and parapet heights;
          4. (dd)
            Vertical accents or focal points; or
          5. (ee)
            Features such as arcades, display windows, entry areas, or awnings.
        3. (iii)
          New buildings shall use a pitched roof or a sloped parapet. A flat roof may only be permitted for new buildings located between two existing buildings with flat roofs.
        4. (iv)
          Drive-through service is prohibited as an accessory use.
      5. (E)
        Dwelling, Multifamily RMF-48 Zone

        Multifamily dwellings shall not be constructed in the RMF-48 Zone where the land is situated on less than six acres of land and adjacent on three sides to property with a future land use designation of Residential, Medium Density Land Uses within an applicable area master plan or sector plan approved prior to 2007.

      6. (F)
        Manufactured Home Park
        1. (i)
          The minimum net lot area for the park as a whole shall be ten acres.
        2. (ii)
          The maximum density for the park shall be seven manufactured home lots per acre.
        3. (iii)
          Maximum lot coverage for the park as a whole shall be 50 percent of the park’s net lot area.
        4. (iv)
          Minimum green area for the park as a whole shall be 30 percent of the park’s net lot area, and shall include active recreational facilities on a part of green area equal to at least five percent of the park’s net lot area.
        5. (v)
          Minimum net lot area for individual manufactured home lots shall be 4,000 square feet.
        6. (vi)
          Each manufactured home lot shall have a minimum width of 20 feet at the front lot line.
        7. (vii)
          Manufactured home dwellings and other buildings in the park shall be located a minimum of:
          1. (aa)
            20 feet from other principal buildings;
          2. (bb)
            25 feet from public street or other public rights-of-way;
          3. (cc)
            20 feet from internal roadways and park boundaries; and
          4. (dd)
            8 feet from common driveways, pedestrian or bicycle ways, parking areas, green areas, or other park common area.
        8. (viii)
          The park shall not be located in or adjacent to swamps, marshes, or areas not capable of adequate drainage.
        9. (ix)
          The park shall provide adequate access for emergency vehicles, with fire lanes where deemed necessary by the Fire Department.
        10. (x)
          The park shall be located on property with at least 100 feet of frontage on a public street having a pavement width of at least 36 feet.
        11. (xi)
          No manufactured home shall be located more than 100 feet from an approved emergency vehicle access.
        12. (xii)
          Streets to be dedicated to public use shall comply with the appropriate provisions of the road code (Subtitle 23: Roads and Sidewalks).
        13. (xiii)
          Internal access roadways not to be dedicated to public use shall comply with the following:
          1. (aa)
            Each internal access roadway shall form a loop to provide for continuous forward movement and shall connect with each manufactured home lot within the park.
          2. (bb)
            The park shall be connected to a public street by a right-of-way having a minimum width of 40 feet. The right-of-way shall accommodate an internal access roadway.
          3. (cc)
            All internal access roadways on which automobile parking is permitted on one side shall have a minimum pavement width of 24 feet.
          4. (dd)
            All internal access roadways on which automobile parking is permitted on both sides shall have a minimum pavement width of 36 feet.
          5. (ee)
            All internal access roadways on which automobile parking is not permitted shall have a minimum pavement width of 22 feet.
        14. (xiv)
          Pedestrian ways shall be provided to connect all manufactured home lots to a paved street (or to a paved driveway or parking space connected to a paved street), and to the commercial and recreational facilities within the manufactured home park.
        15. (xv)
          The pedestrian ways shall be:
          1. (aa)
            Not less than four feet wide;
          2. (bb)
            Hard-surfaced and even, in order to prevent hazards; and
          3. (cc)
            Well marked for daytime use and well lighted for nighttime use (if found necessary).
          4. (dd)
            Located either adjacent to (but separate from) paved streets or within green areas.
        16. (xvi)
          All utility lines serving the park shall be placed underground.
        17. (xvii)
          Each manufactured home, and all of its structural additions, shall be installed on a mobile home stand.
        18. (xviii)
          Each manufactured home shall be securely anchored to the stand in a manner which prevents the home from shifting or overturning.
        19. (xix)
          Each manufactured home shall be suitably treated so as to hide the undercarriage.
        20. (xx)
          A hard-surfaced patio with a minimum area of 200 square feet shall be provided next to each mobile home stand.
        21. (xxi)
          The manufactured home park shall meet all applicable regulations of the Maryland State Department of Health and Mental Hygiene.
        22. (xxii)
          No use and occupancy permit for a manufactured home park shall be issued until a license for the community has been issued by the County Health Officer.
        23. (xxiii)
          Arrangements shall be made for the perpetual maintenance of all common areas and recreational facilities.
        24. (xxiv)
          Accessory buildings shall be located only in the rear yard of a manufactured home lot.
      7. (G)
        Residential Uses in the CGO Zone
        1. (i)
          Multifamily, two-family, and townhouse dwellings shall be permitted in the CGO Zone Inside the Capital Beltway or within the Largo Town Center and shall not be permitted Outside the Capital Beltway, except as provided in subsubparagraphs (ii), (iii), and (iv) below.
        2. (ii)
          Multifamily, two-family, and townhouse dwellings that are part of a group of adjoining lots or parcels in the CGO Zone that comprise less than 25 acres Outside the Capital Beltway or the Largo Town Center may be permitted by the approval of a special exception.
        3. (iii)
          Multifamily, two-family, and townhouse dwellings that are part of a group of adjoining lots or parcels in the CGO Zone that comprise 25 acres or greater in size may be permitted by approval of a Planned Development (PD) Zoning Map Amendment pursuant to Section 27-3602;
        4. (iv)
          The foregoing provisions of subparagraph (G) shall not apply to the conversion of seventy-five percent (75%) or more of an existing office building to a dwelling, multifamily use, retail use and/or office use that provides nonresidential uses for at least fifty percent (50%) of the ground floor.
    2. (2)
      Group Living Uses
      1. (A)
        Assisted Living Facility
        1. (i)
          Facility buildings shall be no more than four stories high.
        2. (ii)
          If more than one building is proposed, residential units shall be clustered together in small to medium size groups to give a more residential character to the site.
        3. (iii)
          There shall be sufficient space on the site to accommodate the facility and all associated resident, visitor, and employee parking on-site.
        4. (iv)
          Parking and loading areas should be located to the rear of the facility or interior to the site when more than one building is proposed, to the maximum extent possible.
        5. (v)
          The entry to the facility site shall provide easy recognition of the facility and a safe and unambiguous vehicular route to the building entry and passenger drop-off area.
        6. (vi)
          The radius and width of the entry drive shall allow cars and vans to maneuver easily.
        7. (vii)
          The drop-off area shall be close and convenient to the building entry, but shall be spacious enough to accommodate wheelchairs, open car doors, and passing cars.
        8. (viii)
          A canopy or cover offering protection from sun and precipitation shall be provided over the building entry and passenger drop-off area.
        9. (ix)
          A minimum of ten percent of the facility’s net land area shall be devoted to usable outdoor open space, indoor or outdoor recreation facilities, and indoor or outdoor social-oriented amenities.
          1. (aa)
            Such areas shall be located so as to be safely and conveniently accessible to facility residents.
          2. (bb)
            Each outdoor area intended for active recreation shall have a minimum area of 5,000 square feet and minimum dimension of 50 feet.
        10. (x)
          The facility shall comply with the licensing and other requirements of Subtitle 12, Division 8 (Assisted Living Programs) of the County Code and State regulations for assisted living programs.
      2. (B)
        Group Residential Facility
        1. (i)
          The premises of the facility shall be under supervision at all times.
        2. (ii)
          Operators of juvenile group residential facilities shall comply with County procedures implementing the State reporting requirement for juvenile group residential facilities.
      3. (C)
        Private Dormitory

        A private dormitory shall not be located more than one mile from a college or university, measured in a straight line from the nearest portion of the private dormitory to the nearest boundary line of the parcel upon which the college or university is located.

      4. (D)
        Boarding or Rooming House

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

  • (d)
    Public, Civic, and Institutional Uses
    1. (1)
      Communication Uses
      1. (A)
        Antenna
        1. (i)
          Any telecommunication equipment building related to the antenna shall have no more than 560 square feet of gross floor area and shall be screened by means of opaque landscaping and/or berming in accordance with Section 27-6500, Landscaping.
        2. (ii)
          Antennae associated with small wireless facilities within the public right-of-way are exempt from the regulations of this Subsection and instead are subject to the requirements of Subtitle 5A, Cable Television and Telecommunications, of the County Code.
      2. (B)
        Tower, Pole, or Monopole
        1. (i)
          A tower, pole, or monopole for the support of an antenna (electronic, radio, television, transmitting, or receiving) may be permitted, subject to the following:
          1. (aa)
            In the IE and IH zones, the structure shall generally be set back from all property lines and dwelling units a distance equal to the height of the structure (measured from its base). The District Council may reduce the setback to no less than one-half (1/2) the height of the structure based on certification from a registered engineer that the structure will meet the applicable design standards for wind loads of the Electronic Industries Association (EIA) for Prince George's County;
          2. (bb)

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

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

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

    2. (2)
      Community Service Uses
      1. (A)
        Day Care Center for Children
        1. (i)
          The center shall comply with all applicable State regulations and obtain appropriate State licensing prior to operation.
        2. (ii)
          The center shall provide a minimum of 75 square feet of usable outdoor play or activity area per child.
        3. (iii)
          The outdoor play or activity area shall be fenced.
        4. (iv)
          Any off-premises outdoor play or activity area shall be located near the building housing the center, and shall be safely accessible without crossing (at grade) any hazardous area, such as a street or driveway.
        5. (v)
          The play area shall be sufficiently shaded during the warmer months to afford protection from the sun.
        6. (vi)
          If the play area is to be used before or after daylight hours, it shall have sufficient lighting to ensure safe operation of the area during such times.
        7. (vii)
          Outdoor play shall be limited to the hours between 7 a.m. and 9 p.m.
        8. (viii)
          The center shall provide designated passenger drop-off and pick-up spaces in accordance with Section 27-6307(g)(2), Drop-Off and Pick-Up Areas.
        9. (ix)
          The site plan shall show:
          1. (aa)
            The proposed enrollment; and
          2. (bb)
            The location and size of outdoor play or activity areas.
      2. (B)
        Reserved.
      3. (C)
        Place of Worship
        1. (i)
          Ingress and egress shall be located so as to direct traffic away from streets that are internal to a residential subdivision, where possible.
        2. (ii)
          When possible, there should be no parking spaces or loading areas located in the front yard.
        3. (iii)
          Places of worship located on a lot between one and two acres in size shall require approval of a detailed site plan in accordance with Section 27-3605(d), Detailed Site Plan Procedure.
        4. (iv)
          Places of worship in the AG Zone shall only be permitted provided the net lot area is at least five acres in size.
        5. (v)
          Places of worship in the IH Zone shall only be permitted provided:
          1. (aa)
            The place of worship is located in an existing freestanding building not exceeding two stories in height;
          2. (bb)
            If the building in which the place of worship is located contains other uses, a separate entry to the place of worship must be provided for its use; and
          3. (cc)
            At the time of issuance of the initial use and occupancy permit, the place of worship shall be located within 1,000 feet of another existing place of worship.
        6. (vi)
          The maximum allowable lot coverage for the zone in which the use is proposed shall not be increased.
      4. (D)
      5.  
        1. (i)
          The subject property shall be suitable for the proposed day care center, taking into consideration the character of surrounding properties and the general neighborhood, and any other uses on the subject property.
        2. (ii)
          The subject property shall be of sufficient size to accommodate the scale of the proposed day care center.
        3. (iii)
          A statement shall be submitted explaining:
          1. (aa)
            The policies and goals of the day care center;
          2. (bb)
            The characteristics and number of occupants to be served;
          3. (cc)
            The type of care and activities proposed;
          4. (dd)
            Operating methods and procedures proposed; and
          5. (ee)
            Other appropriate aspects of the center’s operation.
    3. (3)
      Educational Uses
      1. (A)
        College or University
        1. (i)
          In the RR and AR zones, the minimum net lot area for any campus site shall be 300 acres.
        2. (ii)
          The campus site shall front on, and have direct vehicular access to, a street or streets with sufficient capacity to accommodate traffic generated by the campus.
        3. (iii)
          All parking and loading facilities needed for campus employees, students, visitors, and residents shall be on the campus site, and be located at least:
          1. (aa)
            150 feet from adjoining land zoned or used residentially;
          2. (bb)
            15 feet from any adjoining street; and
          3. (cc)
            10 feet from all campus property lines.
        4. (iv)
          At least 40 percent of the net lot area of the campus site shall be devoted to open space.
      2. (B)
        Driving School
        1. (i)
          Driving schools offering Commercial Driver’s License (CDL) instruction shall only be permitted in the IE and IH zones. 
      3. (C)
        Private School
        1. (i)
          The school shall be located on a site with a minimum net lot area of five acres, and maximum enrollment at any one time shall be 400 students plus 100 students for each acre of net lot area over five acres—subject to any additional limitations imposed by State and local health, education, or fire regulations.
          1. (aa)
            Minimum lot area may be reduced to 2.5 acres if the school site abuts public parkland containing at least 2.5 acres and enrollment is limited to 130 students.
          2. (bb)
            Minimum lot area may be reduced to two acres if school programs are only for students receiving special education services and enrollment is limited to 90 students.
        2. (ii)
          The school site shall front on, and have direct vehicular access to, a street having a right-of-way at least 36 feet wide. This width requirement shall not apply where the site is located in the Rural and Agricultural Area of the County as designated on the Growth Policy Map in the General Plan (as may be amended from time to time).
        3. (iii)
          The school shall provide an outdoor playground or activity area containing at least 100 square feet of usable space per student. The play area shall be enclosed by a wall or fence at least three feet high for elementary schools, and at least five feet high for middle and high schools.
      4. (D)
        Water-Dependent Research Facility or Activity Operated by a Government or Educational Institution
      5.  
        1. (i)
          Within a Chesapeake Bay Critical Area Overlay Zone, the Following Standards Shall Apply:
          1. (aa)
            The facility or activity shall meet a recognized public or private need.
          2. (bb)
            The facility or activity shall be water-dependent in accordance with the definition of "water-dependent facilities" in COMAR 27.01.03.01 and meet the general criteria in COMAR 27.01.03.04(B). Any facility or activity that is not a "water-dependent facility" shall be located outside the Buffer insofar as possible.
          3. (cc)
            Adverse effects on water quality and on fish, plant, and wildlife habitat shall be minimized.
          4. (dd)
            The use is consistent with the approved Area Master Plan or Sector Plan for the area.
    4. (4)
      Health Care Uses
      1. (A)
        Nursing or Care Home
        1. (i)
          Where Not More than Ten Persons Are Cared For:
          1. (aa)
            Total area – One-half (1/2) acre;
          2. (bb)
            Street frontage – 150 feet; and
          3. (cc)
            Setback – 25 feet from all boundary lines of the property.
        2. (ii)
          Nursing or Care Home in the CGO Zone Where 11 or More Persons Are Cared For:
          1. (aa)
            Total area – Two acres, or 300 square feet per person cared for, whichever is greater;
          2. (bb)
            Street frontage – 150 feet;
          3. (cc)
            Setback – 25 feet from all boundary lines of the property.
      2. (B)
         State-licensed Medical Clinic
        1. (i)
           Detailed Site Plan approval in accordance with Section 27-3605, Detailed Site Plan, shall be required for a State-licensed medical clinic. A stated condition of approval for the site plan shall be full compliance with this subsection.
        2. (ii)
          The use shall be located at least five hundred (500) feet from the boundary of the property used for a State-licensed medical clinic along the nearest usual pedestrian route from any Rural and Agricultural or Residential base zone, land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or PD Zone, approved detailed site plan, approved special exception site plan, or property associated with any of the following: school, library, park, playground, or recreational facility; and
        3. (iii)
           A statement of justification shall be submitted explaining:
          1. (aa)
             The policies and goals of the clinic;
          2. (bb)
            The characteristics and number of occupants to be served;
          3. (cc)
            The type of care and activities proposed;
          4. (dd)
            Operating methods and procedures proposed;
          5. (ee)
            The type and amount of traffic expected to be generated;
          6. (ff)
            The hours of operation; and
          7. (gg)
            Other appropriate aspects of the center’s operation.
    5. (5)
      Transportation Uses
      1. (A)
        Parking Facility
        1. (i)
          Parking of motor vehicles shall be the primary use of the facility. Except as otherwise expressly provided in this Ordinance, no other business shall be conducted in the parking facility—including, but not limited to, repair, servicing, washing, or display of vehicles, or storage of goods.
      2. (B)
        Parking of Commercial Vehicles
        1. (i)
          A commercial vehicle having a manufacturer's gross vehicle weight specification of greater than 17,000 pounds may be permitted, subject to the following:
          1. (aa)
            Where possible, the vehicle should be parked at least 300 feet from any dwelling on any adjoining lot, existing at the time of application;
          2. (bb)

            The applicant shall demonstrate that the anticipated noise levels will not be detrimental to the use of adjacent properties;

          3. (cc)
            The vehicle shall be adequately screened from adjacent residentially zoned properties;
          4. (dd)
            The vehicle may only be parked overnight one night;
          5. (ee)
            The vehicle shall be related to the use(s) of the subject property; and
          6. (ff)
            The vehicle may not be used for advertisement of uses, goods, or services offered on- or off-site.
    6. (6)
      Utility Uses
      1. (A)
        Solar Energy Systems, Large-Scale
        1. (i)
          Maximum lot coverage of the facility and any associated equipment shall not exceed 65 percent.
        2. (ii)
          Adequate access for maintenance of the facility shall be provided.
        3. (iii)
          The facility shall not exceed a height of 20 feet.
        4. (iv)
          The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the solar energy systems and for recording any such solar easement in the Land Records of Prince George's County.
        5. (v)
          In the Rural and Agricultural Area as designated on the Growth Policy Map in the General Plan (as may be amended from time to time), the facility shall comply with requirements for designated scenic or historic viewsheds.
        6. (vi)
          Facilities located within a 10-mile radius of Joint Base Andrews, the Brandywine communication site, or the Davidsonville communication site shall provide shielded inverter equipment.
      2. (B)
        Public Utility Uses or Structures, Major
        1. (i)
          Within any Residential zone, any buildings housing a major utility use shall, whenever feasible, be designed to have the exterior appearance of a residential building.
      3. (C)
      4.  
        1. (i)
          Minimum net lot area shall be five acres.
        2. (ii)
          The facility shall utilize monopole or self-supporting towers.
        3. (iii)
          All towers shall be set back from all property lines a distance equal to or exceeding the overall height of the tower and associated wind turbine blade (as measured from the base of the tower).
        4. (iv)
          The maximum height of any tower (including extended blades) shall be 450 feet.
        5. (v)
          Blade tips or vanes shall have a minimum ground clearance of 75 feet above grade, as measured at the lowest point of the arc of the blades.
        6. (vi)
          No blades shall extend over public rights-of-way.
        7. (vii)
          All towers and turbines shall maintain uniform design in terms of the following features:
          1. (aa)
            Tower type;
          2. (bb)
            Tower, turbine, and blade colors;
          3. (cc)
            The number of blades per turbine; and
          4. (dd)
            The direction of blade rotation.
        8. (viii)
          The tower and wind turbine shall be painted or finished in the color originally applied by the manufacturer, or a matte neutral —but generally nonreflective—color (e.g., gray, white, or galvanized steel).
        9. (ix)
          All ground-based equipment buildings shall be located under the blade sweep area to the maximum extent practicable.
        10. (x)
          The facility shall be enclosed by security fencing and locked gates that are at least eight feet high and have anti-climbing devices, and shall provide warning signs at each vehicular access point to the site. The fencing shall be fully screened from adjacent streets by landscaping material in accordance with Section 27-6500, Landscaping.
        11. (xi)
          Except for transmission lines and collector utility structures, all utilities associated with the facility shall be located underground.
        12. (xii)
          No illumination of the tower or wind turbine shall be allowed, unless required by the (FAA)—in which case, it shall be of the lowest intensity allowed. Strobes or blinking lights shall be avoided to the maximum extent practicable.
        13. (xiii)
          Signage visible from any public street or off-site area shall be limited to the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification.
        14. (xiv)
          The noise produced by the facility during operation shall not exceed 55 dBA at any lot line. This standard shall not apply during power outages, windstorms, or other conditions beyond the owner’s control.
        15. (xv)
          The owner shall take all reasonable steps to prevent or eliminate interference with transmission of communications signals (e.g., radio, television, telephone, etc.) resulting from the facility.
        16. (xvi)
          If use of the facility is discontinued for a continuous period of one year, the County shall deem it abandoned and provide the owner a written notice of abandonment stating that the owner has 90 days from the date of receipt of the notice to either resume use of the facility or file a notice of termination with the County. The owner shall remove the facility (including all towers, turbines, above-ground structures and equipment, outdoor storage, and hazardous materials) within 180 days after a notice of termination is filed. On removing an abandoned facility, the owner shall restore the site of the facility to as good a condition as existed before construction or installation of the facility, unless otherwise instructed by the County.
  • (e)
    Commercial Uses
    1. (1)
      General CBAO Zone Use Standard Modifications
      1. (A)
        Within a Resource Conservation Overlay (RCO) Zone, all commercial uses are prohibited. Within the Limited Development Overlay (LDO) Zone and Intensely Developed Overlay (IDO) Zone, the following standards apply to any commercial use:
      2.  
        1. (i)
          The use shall meet a recognized public or private need.
        2. (ii)
          The use shall be water-dependent in accordance with the definition of "water-dependent facilities" in COMAR 27.01.03.01 and meet the general criteria in COMAR 27.01.03.04(B). Any use that is not a "water-dependent facility" shall be located outside the buffer insofar as possible.
        3. (iii)
          Adverse effects on water quality and on fish, plant, and wildlife habitat shall be minimized.
        4. (iv)
          The use is consistent with the approved Area Master Plan or Sector Plan for the area.
    2. (2)
      Adult Uses
      1. (A)
        Findings
        1. (i)
          The District Council has reviewed the legislative records for all prior legislation and for the present legislation on the subject of adult businesses. The evidence in these legislative records includes studies of adult businesses and comments on the subject of adult businesses from government and community leaders in Prince George's County and in other jurisdictions in the United States. The District Council has reviewed the United States Supreme Court findings in City of Littleton, Colorado v. Z.J.Gifts D-4, L.L.C., a limited liability company, dba Christal's, 541 U.S. 774, 124 S.Ct. 2219 (2004). The Supreme Court in Littleton upheld the statutory scheme for adult businesses for a Colorado city-enacted adult business ordinance that (1) required businesses such as adult bookstores to (a) have "adult business" licenses, and (b) comply with local zoning rules; (2) listed specific circumstances under which the city would deny a license; (3) set forth time limits (typically amounting to 40 days) within which city officials were required to reach a final licensing decision; and (4) provided that the final decision could be appealed to a State court pursuant to the State's civil procedure rules. This legislation is patterned after the Littleton, Colorado statutes upheld by the United States Supreme Court in Littleton.
        2. (ii)
          From the evidence in the legislative records for the present and prior legislation, the District Council makes the following legislative findings:
          1. (aa)
            The location of present and future adult businesses in that part of the Maryland-Washington Regional District in Prince George's County should be controlled through zoning regulations, to lessen or control the adverse secondary effects of such uses on their surrounding neighborhoods.
          2. (bb)
            Testimony in the legislative records and certain findings from other jurisdictions indicate that adult businesses have a strong tendency to affect neighborhood character and may be associated with neighborhood deterioration or depreciation of property values.
          3. (cc)
            Prince George's County has an additional interest in controlling the location of adult book or video stores, to prevent access to such stores by children, who may be adversely influenced by the materials sold in such stores.
          4. (dd)
            There are real and substantial governmental interests promoted by zoning regulations which control the location of adult businesses in that part of the Maryland-Washington Regional District in Prince George's County.
          5. (ee)
            The provisions of the Prince George's County Code and the Prince George's County Zoning Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult materials. Similarly, it is not the intent nor effect of the Prince George's County Code or the Prince George's County Zoning Ordinance to restrict or deny access by adults to adult materials protected by the First Amendment or the Maryland Constitution, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. Neither is it the intent nor effect of the Prince George's County Code or the Prince George's County Zoning Ordinance to condone or legitimize the distribution of obscene material.
      2. (B)
        Adult Book or Video Store
        1. (i)
          The subject structure shall be located at least 1,000 feet from any property in a Rural and Agricultural or Residential base zone; property proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan; or property on which a school, library, park, playground, recreational facility, day care center for children, or church has been built, and at least 500 feet from another adult book store and/or adult video store.
        2. (ii)
          An adult book store and/or adult video store lawfully operating is not rendered a nonconforming use by the subsequent location of a residence within 1,000 feet of the adult book store and/or adult video store or the subsequent location of a school, library, park, playground, recreational facility, day care center for children, church, within 1,000 feet of the adult book store and/or adult video store, or the subsequent location of another adult book store and/or adult video store within 500 feet; however, if the adult book store and/or adult video store ceases operation for a period of 180 calendar days or more regardless of any intent to resume operation, it may not recommence operation in that location.
        3. (iii)
          The distance stated in Subsection (ii) shall be measured as follows:
          1. (aa)
            If the property with the adult book store and/or adult video store adjoins or is in the vicinity of any property on which a residence, school, library, park, playground, recreational facility, day care center for children, church, or another adult book store and/or adult video store has been built, then the distance shall be measured along street or right-of-way lines from the front door or main entrance of the structure used for adult book store or adult video store purposes to the front door or main entrance of the residence, school, library, or other use, as just stated.
          2. (bb)
            If the property with the adult book store and/or Adult Book Store adjoins or is in the vicinity of undeveloped property which is in a Rural and Agricultural or Residential base zone or is proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan, then the distance shall be measured in a straight line from the front door or main entrance of the structure used for adult book store and/or adult video store purposes to the nearest point of the boundary line of the undeveloped property in a Rural and Agricultural or Residential base zone or proposed for the LCD Zone or any approved detailed site plan as just stated.
        4. (iv)
          Outdoor display of merchandise is prohibited.
        5. (v)
          The proprietor, owner, or personnel of the adult book store and/or adult video store shall prohibit access to the premises by any person who is under eighteen (18) years of age.
        6. (vi)
          All windows, doors, and other apertures shall be blackened or obstructed to prevent anyone outside the establishment from viewing its interior.
        7. (vii)
          Advertising shall be limited to one business sign, as provided for in Section 27-61500, Signage.
        8. (viii)
          The hours of operation of the adult book store and/or or adult video store shall not extend beyond 12:00 A.M. and shall not begin before 9:00 A.M.
        9. (ix)
          An application for an adult book store and/ or adult video store use and occupancy permit shall be approved or denied by the Department of Permitting, Inspections, and Enforcement within fourteen (14) business days of the date that the application is accepted by the Department of Permitting, Inspections, and Enforcement.
        10. (x)
          Upon receipt, the Department of Permitting, Inspections, and Enforcement shall refer the application to the Maryland-National Capital Park and Planning Commission. The Maryland-National Capital Park and Planning Commission shall review the application and shall provide an approval or denial regarding zoning compliance as part of the application. Such determination shall be transmitted from the Maryland-National Capital Park and Planning Commission to the Department of Permitting, Inspections, and Enforcement within five (5) business days from the date of Maryland-National Capital Park and Planning Commission's receipt of the application from the Department of Permitting, Inspections, and Enforcement.
        11. (xi)
          In the event that the Department of Permitting, Inspections, and Enforcement denies an application, the Department of Permitting, Inspections, and Enforcement shall, in writing, state the reasons for the denial, and a copy of such decision shall be sent by first class mail to the address provided by the applicant.
        12. (xii)
          If the Department of Permitting, Inspections, and Enforcement fails to render a timely decision pursuant to the terms of this section, then the Department of Permitting, Inspections, and Enforcement shall be deemed to have approved or consented to the approval of the adult book store and/or adult video store use and occupancy permit.
        13. (xiii)
          An applicant may appeal to the Board of Zoning Appeals from a final decision of the Building Official for an adult book store and/or adult video store use and occupancy permit pursuant to Section 4-121 of the County Code.
        14. (xiv)
          Termination of Use and Occupancy Permit
          1. (aa)
            Where a use and occupancy permit has been issued for a use other than as an adult book store and/or adult video store, as defined in Section 27-2500, Definitions, and the property is being utilized as an adult book store and/or adult video store, all use and occupancy permits for the property shall be deemed abandoned and shall automatically terminate.
          2. (bb)
            Notice of abandonment and termination shall be mailed to the applicant by first class mail to the address provided by the applicant to the Department of Permitting, Inspections, and Enforcement.
      3. (C)
        Adult Entertainment
      4.  
        1. (i)
          The hours of operation shall be limited to 5:00 p.m. to 3:00 a.m.
        2. (ii)
          The establishment shall be located at least 1,000 feet from any school, any Rural and Agricultural or Residential base zone or land used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan, and any other building or use providing adult entertainment.
        3. (iii)
          All windows, doors, and other apertures shall be blackened or obstructed so as to prevent anyone outside the establishment from viewing its interior.
        4. (iv)
          The proprietor, owner, or personnel of the establishment shall prohibit access to the premises by any person who is under 18 years old.
    3. (3)
      Animal Care Uses
      1. (A)
        Animal Shelter
        1. (i)
          Those parts of structures in which animals are boarded shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
        2. (ii)
          All boarded animals shall be kept within a totally-enclosed part of the structures between the hours of 10:00 p.m. and 8:00 a.m.
      2. (B)
        Pet Grooming Establishment
        1. (i)
          All animals shall be confined to a portion of the interior of a structure that is fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
        2. (ii)
          Animals shall not be kept at the facility for compensation for purposes other than to receive grooming services.
        3. (iii)
          Animals shall not be boarded overnight.
      3. (C)
        Veterinary Hospital or Clinic
        1. (i)
          Those parts of structures in which animals are boarded shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
        2. (ii)
          All boarded animals shall be kept within a totally enclosed part of the structures between the hours of 10:00 p.m. and 8:00 a.m.
        3. (iii)
          Any open exercise runs or pens shall be at least 75 feet from any lot line, with a Type B bufferyard provided between the run or pen and the property line, in accordance with the Landscape Manual.
      4. (D)
        Kennel on a Lot Having a Net Area of 20,000 Sq. Ft. or Less
        1. (i)
          Those parts of structures in which animals are boarded shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
        2. (ii)
          All boarded animals shall be kept within a totally-enclosed part of the structures between the hours of 10:00 p.m. and 8:00 a.m.
        3. (iii)
          Any open exercise runs or pens shall be at least 75 feet from any lot line, with a Type B bufferyard provided between the run or pen and the property line, in accordance with the Landscape Manual.
      5. (E)
        Kennel on a Lot Having a Net Area of More than 20,000 Sq. Ft.
      6.  
        1. (i)
          In the AG Zone, the subject property shall contain at least ten contiguous acres.
        2. (ii)
          Those parts of structures in which animals are boarded shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
        3. (iii)
          All boarded animals shall be kept within a totally-enclosed part of the structures between the hours of 10:00 p.m. and 8:00 a.m.
        4. (iv)
          Any open exercise runs or pens shall be at least 75 feet from any lot line, with a Type B bufferyard provided between the run or pen and the property line, in accordance with the Landscape Manual.
    4. (4)
      Business Support Service Uses
      1. (A)
        Conference or Training Center
        1. (i)
          No products shall be sold on-site except those clearly incidental and integral to training programs conducted in the center (e.g., books, training manuals and videos, t-shirts, mugs, pens and pencils, and similar items bearing the logo of the conference or seminar sponsors or participants).
      2. (B)
      3.  
        1. (i)
          A qualified data center shall include a site plan with any building permit application.
        2. (ii)
          Qualified data centers shall be exempt from detailed site plan approval.
        3. (iii)
          Qualified data centers shall not be permitted in Designated Regional Transit Districts, Local Transit Centers (Local), Neighborhood Centers (Local), or Campus Centers (Local) as designated by the County's Plan 2035 General Plan, as may be amended from time to time. Notwithstanding these requirements, qualified data centers may be permitted in the Bowie MARC Campus Center, as may be amended from time to time.
        4. (iv)
          Qualified Data Centers shall comply with the following standards. Where the following standards may conflict with any other standard of this Ordinance, including any requirements of PART 27-6: Development Standards, these standards shall control:
          1. (aa)
            Principal Building Facades
            1. (I)
              For the purposes of this Section, principal building facades shall be defined as all exterior building facades that face public rights-of-way or existing residential development. 
            2. (II)
              Principal building facades shall include at least two (2) of the following design elements applied cohesively to the entirety of the face: changes in building height; building step-backs or recesses; fenestration; and/or changes in building material, pattern, texture, color, or use of accent materials. When a building has more than one principal building façade, such principal building facades shall be consistent in terms of design, materials, details, and treatment.
          2. (bb)
            All exterior lighting shall be designed and constructed with cutoff and fully shielded fixtures that direct light downward and into the interior of the property and away from adjacent roads and properties.
          3. (cc)
            Regulations concerning the net lot area, lot coverage and green area, lot width/frontage, yards, building height, intensity, accessory buildings, and other similar requirements for uses in the CGO Zone shall not apply. Instead, the minimum green area shall be 10 percent, the minimum front yard setback shall be 25 feet, the minimum side and rear yards shall be 20 feet, and the building height shall not exceed 35 feet. In addition, the applicant may propose these regulations on the site plan to be reviewed by DPIE and M-NCPPC staff and approved by DPIE.
          4. (dd)
            Security fencing shall be effectively screened by a minimum depth of 40 feet of vegetation from all abutting residential properties and public rights-of-way. Security fencing shall not exceed ten feet in height.
          5. (ee)
            The requirements of the Landscape Manual shall apply.
          6. (ff)
            The minimum number of required off-street parking spaces shall be equal to the minimum number of parking spaces required for "distribution warehouse" by Section 27-6305(a), Minimum Number of Off-Street Parking Spaces, and the minimum number of required off-street loading spaces shall be equal to the minimum number of loading spaces required for "warehouse and freight movement uses (except consolidated storage)" by Section 27-6310(a).
          7. (gg)
            Regulations pertaining to signage shall be the same as those applicable to uses in the IE Zone as required by Section 27-61500, Signage, of this Ordinance.
          8. (hh)
            Driveways for ingress and egress shall be identified on the site plan and shall be located so as not to endanger pedestrians or create traffic hazards.
          9. (ii)
            The applicant shall submit an acoustical study prepared by a professional acoustical engineer that demonstrates the use will not violate the maximum allowable noise levels (dBA) set forth in Subtitle 19 of this Code.
        5. (v)
          In the RR Zone, the following additional requirements shall apply:
          1. (aa)
            A qualified data center shall be located on land with a minimum acreage of 25 acres in size, at least 4,000 feet from a regional park, and the use shall be within a structure that is at least 300 feet from any residential use and at least 500 feet from any place of worship.
          2. (bb)
            At least 30 days prior to submitting a building permit application, the applicant shall provide an informational mailing of the proposed application for a qualified data center permit to all adjoining property owners, registered civic associations and homeowners associations for the area within the respective Councilmanic District, as well as all municipalities within one (1) mile of the site proposed for development of the use. The informational mailing shall at least include the permit application number; a description of the property and its location; the nature of the applicant's request; the applicant's telephone number, mailing address, and e-mail address and a statement from the applicant inviting comment about the application; and DPIE's telephone number, mailing address, and e-mail address, to obtain more information and/or submit public comment about the application after it is filed. The applicant shall obtain the list of addresses and compliance affidavit from the Maryland-National Capital Park and Planning Commission. The applicant shall provide the affidavit to DPIE as proof of compliance with this informational mailing requirement as a prerequisite to acceptance of the application. The failure of a person or entity above to receive the informational mailing shall not be a basis for denial of the permit for a qualified data center.
    5. (5)
      Eating or Drinking Establishment Uses
      1. (A)
        Any Eating or Drinking Establishment Use
        1. (i)
          Outdoor Dining
          1. (aa)
             Regulations
            1. (I)
              Any establishment that added or expanded outdoor dining pursuant to temporary authorization for outdoor seating provisions during the Covid-19 health crisis prior to April 1, 2024 shall remain exempt from provisions concerning site plan conformance, minimum setbacks, and minimum parking and shall not be subject to violation or enforcement action so long as the establishment remains in compliance with the requirements of this Subsection.
            2. (II)
              Any establishment providing or expanding outdoor dining after April 1, 2024 shall be subject to provisions concerning site plan conformance and shall reflect the location and other details of proposed outdoor dining on all applicable site plans, but shall not be subject to minimum building setbacks or build-to lines, or minimum parking requirements, so long as the establishment remains in compliance with the requirements of this Subsection.
            3. (III)
              Any establishment that offers newly created or expanded outdoor dining must comply with all State and County laws and regulations with the exception of the laws of this Subtitle suspended herein.
          2. (bb)
            Procedures
            1. (I)
              The DPIE Director shall establish and administer an expedited administrative process to authorize otherwise existing lawful uses in the Eating and Drinking Establishment Uses Principal Use Category on adjacent exterior space or shared exterior space in Prince George’s County, after compliance with all regulations stated in this Subsection and so long as the establishment remains in compliance with the regulations stated herein.
          3. (cc)
            Enforcement
            1. (I)
              Notwithstanding any provision of this Subtitle or Subtitle 28, Civil Monetary Fines or Penalties, of the County Code, Prince George’s County may rescind forthwith any approval granted to an otherwise existing lawful use in the Eating and Drinking Establishment Uses Principal Use Category to offer any newly created or expanded outdoor seating for failure to comply with any State or County laws or regulations and any requirement stated herein.
            2. (II)
              The enforcement of the requirements herein and all other State and County laws and regulations for uses in the Eating and Drinking Establishment Uses Principal Use Category shall be performed as required by State or County laws and regulations, with the assistance of Prince George’s County law enforcement as needed.
      2. (B)
        Alcohol Production Facility, Small-Scale
        1. (i)
          The minimum area of the eating, drinking, and entertainment area of the alcohol production facility, small-scale, shall be 45 percent of the total square footage for the establishment, or a minimum of 1,500 square feet, whichever is greater.
        2. (ii)
          The establishment shall have building façade fenestration/transparency through vision glass, doors, or active outdoor spaces along a minimum of 50 percent of the length of the building side that fronts the street, unless the building in which it is located is an adaptive re-use, the building makes compliance impracticable, or if the building is a County historic site, historic resource, or historic district and this minimum standard would conflict with direction given by the Historic Preservation Commission acting under Subtitle 29: Preservation of Historic Resources, of the County Code.
        3. (iii)
          Off-site distribution of manufactured beer is allowed, as long as it is done from the rear of the building, and adequate loading and access for the activity is provided.
        4. (iv)
          Crushing and fermentation operations are managed in such a way that by-products are contained and disposed of in a way that does not result in spill-over impacts on adjacent property, public spaces, or public rights-of-way.
        5. (v)
          Outdoor storage is prohibited.
      3. (C)
        Catering or Food Processing for Off-Site Consumption
        1. (i)
          In the Rural and Agricultural and Residential base zones, this use may only be permitted as an accessory to a place of worship, private club or lodge, or private school subject to the issuance of a use and occupancy permit and other permits as may be necessary.
        2. (ii)
          All catering and food processing activities shall occur within a facility duly authorized for commercial food preparation.
      4. (D)
      5.  
        1. (i)
          Shared commercial kitchens shall be approved by the Prince George’s County Health Department before a use and occupancy permit may be issued.
        2. (ii)
          Shared commercial kitchens may only be permitted in Rural and Agricultural and Residential base zones if the subject property also includes a place of worship, private school, private club or lodge, or indoor recreation facility.
    6. (6)
      Funeral and Mortuary Service Uses
      1. (A)
      2.  
        1. (i)
          The minimum side and rear yard setbacks shall be at least 50 feet each when the subject property adjoins land in any Rural and Agricultural or Residential base zone, or land proposed to be used for residential purposes in an approved Basic Plan in the LCD Zone or any approved detailed site plan;
        2. (ii)
          If the subject property is located in a Rural and Agricultural or Residential base zone, it shall contain at least one and one-half (1 1/2) contiguous acres;
        3. (iii)
          The use shall not depreciate the value of neighboring properties;
        4. (iv)
          The use shall not adversely affect the character of neighboring properties; and
        5. (v)
          The use shall not create undue traffic congestion.
    7. (7)
      Personal Service Uses
      1. (A)
        Dry-Cleaning or Laundry Drop-Off/Pick-Up Establishment
        1. (i)
          If the establishment includes drive-through service, it also shall comply with the accessory use standards in Section 27-5203(b)(4), Drive-Through Service.
      2. (B)
        Reserved.
    8. (8)
      Recreation/Entertainment Uses
      1. (A)
        Arena, Stadium, or Amphitheater
        1. (i)
          Sufficient traffic management systems shall be in place during stadium events to assure safe and reasonable access to residential neighborhoods in the area for residents and emergency vehicles.
      2. (B)
        Cigar Club/Lounge
        1. (i)
          The structure in which the use is proposed shall be located at least 300 feet from any school, library, park, recreational facility, and historic site, resource or district identified on the Adopted and Approved Historic Sites and Districts Plan of Prince George's County, Maryland.
        2. (ii)
          No cigar club/lounge shall be permitted within 2,000 feet of another cigar club/lounge. 
        3. (iii)
          Displays or signs with LED, bright, or flashing lights shall not be permitted.
      3. (C)
        Nightclub or Entertainment Establishment
        1. (i)
          A nightclub or entertainment establishment shall not be located within 500 feet of the RSF-95 Zone or any zone having more stringent intensity and dimensional standards than the RSF-95 Zone.
        2. (ii)
          In the CGO Zone, approval of a nightclub as a special exception is required if the nightclub includes music and patron dancing after 12:00 A.M., except that a nightclub that has a gross floor area of at least 2,500 square feet, has a valid Dance Hall license issued before July 1, 2016, and has a valid Class BLX license issued by the Board of License Commissioners for Prince George’s County pursuant to Title 26, Alcoholic Beverages Article, Annotated Code of Maryland, shall be a permitted use, subject to conformance with the hours of operation established pursuant to the Class BLX license issued for the use.
      4. (D)
        Recreational or Entertainment Establishment of a Commercial Nature with a Video Lottery Facility

        Detailed site plan approval in accordance with Section 27-3605, Detailed Site Plan, shall be required for a recreational or entertainment establishment of a commercial nature with a video lottery facility ("Facility"). A stated condition of approval for the site plan shall be full compliance with this Subsection by the video lottery operator, including compliance with any plans, commitments, or other information contained the site plan application. The Planning Board or Planning Director, as appropriate, may approve a site plan application for a Facility on finding all of the following:

        1. (i)
          The application demonstrates that the locational requirements as set forth in Section 9-1A-36(h)(1)(VI), State Government Article, Annotated Code of Maryland, are met.
        2. (ii)
          The application demonstrates that transportation facilities in the area affected by traffic generated by the Facility will be adequate based on:
          1. (aa)
            Total traffic conditions as prescribed in the most recent Transportation Review Guidelines published by M-NCPPC;
          2. (bb)
            Compliance with a comprehensive transportation plan in accordance with Section 9-1A-32 of the State Government Article of the Annotated Code of Maryland prior to issuance of any use and occupancy permits; and
          3. (cc)
            The transportation improvements regarding the Facility submitted to the Maryland Video Lottery Facility Location Commission.
        3. (iii)
          Any required on- or off-site transportation improvements shall be made prior to, or concurrent with, the construction of the Facility, and shall be completed prior to the issuance of any use and occupancy permits for the Facility.
        4. (iv)
          The lighting plan included with the application demonstrates adequate illumination of all parking areas and walkways on site.
        5. (v)
          The application includes a receipt confirming submission of a written security plan to the Chief of Police demonstrating a 24-hour adequate security and surveillance plan, including plans to control loitering in the parking areas.
          1. (aa)
            The security plan may be a confidential submittal.
          2. (bb)
            Review and approval by the Chief of Police or the Chief's designee is required prior to the issuance of any use and occupancy permit for the Facility.
        6. (vi)
          The application includes a written plan for daily removal of litter and refuse in the Facility and on site.
        7. (vii)
          The application includes a statement acknowledging obligations pursuant to Section 9-1A-10(a)(3) of the State Government Article of the Annotated Code of Maryland, including any related compliance and reporting requirements.
        8. (viii)
          The application includes a statement detailing any opportunities in relation to the Facility to be made available to Prince George's County residents or businesses via direct monetary or other equity investment, ownership of independent in-line businesses, ownership of retail pad sites, ownership of business franchises, ownership of service businesses, and/or ownership of any other for-profit businesses.
      5. (E)
        Rifle, Pistol, or Skeet Shooting Range
        1. (i)
          The range shall be located either:
          1. (aa)
            Within a structure that is fully enclosed with steel plate and acoustical tiles, or other materials with comparable bullet-stopping and soundproofing capacities; or
          2. (bb)
            Outside such an enclosed structure, provided backstops at least 20 feet high are provided behind all target lines and supplemented by baffles designed and arranged to contain all projectiles within the boundaries of the range and to reduce noise exiting the site.
          3. (cc)
            The owners, operators, tenants, or occupants of a shooting range shall implement appropriate environmental management practices for containing, controlling, and removing lead from the range in accordance with the latest edition of "Best Management Practices for Lead at Outdoor Shooting Ranges" from the U.S. Environmental Protection Agency (EPA).
      6. (F)
        Skating Facility
        1. (i)
          Any accessory eating or drinking use shall be entirely integrated within the skating facility, and shall not have access from the exterior of the skating facility.
        2. (ii)
          The skating facility shall be wholly enclosed, and shall include special noise attenuation measures on all walls facing adjoining land in a Rural and Agricultural or Residential base zone or used for residential purposes.
      7. (G)
        Swimming Pool (Outdoor)
      8.  
        1. (i)
          Any outdoor swimming pool (including the apron, filtering and pumping equipment, and buildings) shall be located at least:
          1. (aa)
            75 feet from land in a Rural and Agricultural or Residential base zone, or land containing an existing or approved Residential use; and
          2. (bb)
            25 feet from land in a Nonresidential zone, or land containing an existing or approved Commercial or Industrial use; and
        2. (ii)
          The use of any public address or other loudspeaker system for an outdoor swimming pool shall be restricted to that necessary for safety purposes, and shall not be used for the playing of music or other entertainment.
        3. (iii)
          An outdoor swimming pool shall be enclosed by a fence at least six feet high (which may be met by a railing attached to an above-grade pool).
    9. (9)
      Retail Sales and Service Uses
      1. (A)
        Automated Teller Machine (ATM), Freestanding
        1. (i)
          An ATM designed for walk-up use and located freestanding on a sidewalk or a parking area shall be designed and located to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
        2. (ii)
          If an ATM is designed for use by customers in their vehicles, it shall comply with the accessory use standards (including the zones where the use is permitted) pursuant to the requirements set forth in Section 27-5203(b)(4), Drive-Through Service.
      2. (B)
        Bank or Other Financial Institution
        1. (i)
          If the establishment includes drive-through service, it also shall comply with the accessory use standards in Section 27-5203(b)(4), Drive-Through Service.
      3. (C)
        Cannabis Dispensary
        1. (i)
          The boundaries of property used as a Cannabis Dispensary shall be:
          1. (aa)
            At least one hundred (100) feet from any property in a Residential Base or Planned Development Zone, including a Residential Comprehensive Design Zone under the prior Ordinance;
          2. (bb)
            At least five hundred (500) feet from any:
            1. (I)
              Pre-existing primary or secondary school in the State; a pre-existing licensed childcare center, or registered pre-existing family childcare home under the Education Article, Annotated Code of Maryland; or
            2. (II)
              Playground, recreation center, library, or public park; and
          3. (cc)
            At least one thousand (1,000) feet from another Cannabis dispensary or Cannabis micro-dispensary use.
        2. (ii)
          Minimum parking requirements set forth in Section 27-6305 of this Subtitle are required.
        3. (iii)
          Cannabis dispensary is not permitted as an accessory use.
        4. (iv)
          Outdoor signage may include one (1) freestanding or pylon sign in addition to building-mounted signs, subject to the same height, size, illumination, and placement restrictions applicable to other retail commercial establishments in the same zone.
        5. (v)
          There shall be no on-site consumption of Cannabis or Cannabis products.
        6. (vi)
          The use shall be limited to 12 business hours per day, between the hours of 8 a.m. and 10 p.m. All sales must be made and recorded during the hours of 8 a.m. and 10 p.m.
        7. (vii)
          The holder of a Special Exception for a Medical cannabis dispensary may operate as a Cannabis dispensary pursuant to that approved Special Exception and need not seek a new Special Exception approval for the Cannabis dispensary use, provided that the operator has converted the applicable State license to allow for the sale of both medical and adult use cannabis pursuant to the Alcoholic Beverages & Cannabis Article, Annotated Code of Maryland.
      4. (D)
        Cannabis micro-dispensary
        1. (i)
          The boundaries of property used as a Cannabis micro-dispensary shall be:
          1. (aa)
            At least one hundred (100) feet from any property in a Residential Base or Planned Development Zone, including a Residential Comprehensive Design Zone under the prior Ordinance;
          2. (bb)
            At least five hundred (500) feet from any:
            1. (I)
              Pre-existing primary or secondary school in the State, a pre-existing licensed childcare center, or registered pre-existing family childcare home under the Education Article, Annotated Code of Maryland; or
            2. (II)
              Playground, recreation center, library, or public park; and
          3. (cc)
            At least one thousand (1,000) feet from another Cannabis micro-dispensary or a Cannabis dispensary use.
        2. (ii)
          Cannabis micro-dispensary is not permitted as an accessory use. However, it may co-locate with a Cannabis Micro-processor and/or Cannabis micro-grower use.
      5. (E)
        Combination Retail
        1. (i)
          No storage or shipping container shall be permitted in any setback, surface parking lot, or other outdoor location unless it is part of an approved detailed site plan. Storage or shipping containers shall be screened pursuant to the requirements for loading areas.
        2. (ii)
          Except in the Transit-Oriented base and Planned Development zones, the site shall have frontage on, and direct vehicular access to, an existing arterial roadway or roadway of higher classification. Secondary access shall not be permitted onto any residential street.
      6. (F)
        Convenience Store
        1. (i)
          A convenience store use may not be conducted on property within three miles, measured from the property line, of a building in which a convenience store use is legally operating with a use and occupancy permit. This provision shall not apply to any convenience store use legally operating with a use and occupancy permit as of December 31, 2024, nor any change in occupancy of such convenience store uses after that date.
        2. (ii)
          As shown on the applicable permit site plan or detailed site plan, a convenience store use that sells tobacco products may not be conducted within three miles, measured from the property line, of a building legally operating any of the following uses: another convenience store, tobacco shop, electronic cigarette shop, or a retail tobacco business.
        3. (iii)
          Convenience store uses conducted in Transit-Oriented/Activity Center Zones and Transit-Oriented/Activity Center Planned Development Zones shall not be subject to the limitations set forth in Subsections (i) and (ii) above.
      7. (G)
        Drug Store or Pharmacy
        1. (i)
          If the establishment includes drive-through service, it also shall comply with the accessory use standards in Section 27-5203(b)(4), Drive-Through Service.
      8. (H)
        Farmers’ Market
        1. (i)
          Vehicular access to the subject property shall not be by means of streets internal to subdivisions for single-family detached dwellings.
        2. (ii)
          Stalls, sales tables, and any other outdoor facilities related to the market shall be located at least 25 feet from any abutting street.
        3. (iii)
          Items for sale shall not be displayed or stored within customer pathways.
        4. (iv)
          Before issuance of a permit for the market, it shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.
        5. (v)
          The market shall have a manager authorized to direct the operations of all participating vendors during all hours of operation.
        6. (vi)
          Accessory wholesaling is permitted, but shall be limited to 25 percent of the gross floor area of the market.
        7. (vii)
          The market shall be operated only within the hours specified in the development approval or permit to which the market is subject.
        8. (viii)
          A farmer’s market vendor which cooks food on-site utilizing a propane or other heated cooking surface must:
          1. (aa)
            Secure a current year proof of review from the Fire/EMS Department for a NFPA-701; and
          2. (bb)
            Secure a current year proof of review from the Fire/EMS Department for propane gas, if used. Current year proof of review must be displayed at all markets where vendor is cooking food on-site.
        9. (ix)
          Vendors that do not use heating sources or open flame or cook food on-site at the Farmer's Market are not required to have a NFPA-701-compliant tent. Such vendors must be located a minimum of ten feet from vendors utilizing a heated cooking surface.
        10. (x)
          Market managers are responsible for ensuring that tents at a farmer's market are weighted with at least 24 pounds anchoring each leg of the tent.
        11. (xi)
          Third party electrical or structural inspections are required for farmer's market vendors if generators are used that are required to be grounded per manufacturing specifications or if other temporary structures other than tents (i.e. stages and platforms) are used at the market or if an individual tent is larger than 400 square feet.
    10. (10)
      Vehicle Sales and Service Uses
      1. (A)
        Commercial Fuel Depot
        1. (i)
          The subject property shall have at least 200 feet of frontage on, and direct vehicular access to, a street with a right-of-way width of at least 70 feet.
        2. (ii)
          Driveways shall be at least 30 feet wide unless a lesser width is allowed for a one-way driveway by the Maryland State Highway Administration, the County Department of Public Works and Transportation, or the relevant municipal public works department, whichever is applicable.
        3. (iii)
          On a corner lot, a driveway may begin at a point not less than 150 feet from the point of curvature (PC) of the curb return or the point of curvature of the edge of paving at an intersection without curb and gutter.
        4. (iv)
          Driveways shall be defined by curbing.
        5. (v)
          Gasoline pumps and other service appliances shall be set back at least 25 feet from the street right-of-way.
        6. (vi)
          The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited.
        7. (vii)
          No storage or parking space shall be offered for rent.
        8. (viii)
          Canopies over gas pumps shall have a maximum clearance height of 18 feet above grade except where State or Federal law requires higher clearance.
      2. (B)
        Reserved.
      3. (C)
        Personal Vehicle Repair and Maintenance
        1. (i)
          Car Wash or Auto Detailing
          1. (aa)
            Car washes and auto detailing shall be designed so that service bays are not directly visible from an adjoining street.
        2. (ii)
          Vehicle Lubrication or Tune-Up Establishment
          1. (aa)
            All sales and installation operations shall be conducted in a wholly enclosed building with no outdoor storage.
          2. (bb)
            Service activity on any motor vehicle shall be completed within a 24-hour period, and no vehicle may be stored on the property for longer than this period.
          3. (cc)
            The demolition or junking of motor vehicles is prohibited.
        3. (iii)
          Vehicle or Trailer Repair and Maintenance
          1. (aa)
            Repair service shall be completed within 48 hours after the vehicle is left for service.
          2. (bb)
            Discarded parts resulting from any repair work shall be removed promptly from the premises.
          3. (cc)
            Automotive replacement parts and accessories shall be stored either inside the main structure or in a wholly enclosed accessory building used solely for the storage.
          4. (dd)
            An accessory building used for storage shall either be constructed of brick (or another building material similar in appearance to the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with a wall, fence, or opaque landscaping material.
          5. (ee)
            The use shall be designed so that service bays are not directly visible from an adjoining street.
          6. (ff)
            Vehicles or trailers may not be stored as a source of parts. Vehicles or trailers that are repaired and awaiting removal may be stored for no more than 30 consecutive days.
      4. (D)
        Commercial Vehicle Sales and Rental and Personal Vehicle Sales and Rental
        1. (i)
          Private Automobile or Other Motor Vehicle Auction
          1. (aa)
            The purposes of these standards are:
            1. (I)
              To prevent or control detrimental effects—including noise, dust and traffic—on neighboring properties and existing and proposed land uses in the general area;
            1. (II)
              To prevent or control detrimental effects on the subject property, including excessive crowding of vehicles, discarded vehicle parts and other debris, and environmental contamination from fluids or chemical residues; and
            2. (III)
              To prevent or control untreated stormwater runoff—which may include residues from exhaust fumes, brake pads, gasoline, and motor oil—to ensure that harmful materials do not enter the Chesapeake Bay and its tributaries.
          2. (bb)
            All parking and car carrier loading/unloading shall be performed on site and shall be located separately from the customer parking areas.
          3. (cc)
            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.
          4. (dd)
            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.
          5. (ee)
            The following activities are prohibited with this use:
            1. (I)
              Retail sales (other than by auction) of vehicles, vehicle parts, or boats; outdoor storage or display of vehicle parts;
            2. (II)
              Vehicle dismantling and demolition;
            3. (III)
              Stacking of vehicles and/or use of a vehicle rack system; and
            4. (IV)
              Parking, storage, or display of vehicles within public rights-of-way or internal driveways.
          6. (ff)
            No vehicle may be displayed or stored on the site for more than 90 consecutive days, unless storage of the vehicle for a longer period of time is required by a law enforcement agency or the Maryland Department of Motor Vehicles, or for any other litigation purposes.
          7. (gg)
            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.
          8. (hh)
            The site shall 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 shall be routinely emptied. Trash and debris within the public right-of-way resulting from an auction shall be immediately removed by the auction operator.
          9. (ii)
            The auction operator shall maintain records of bills of sale and make those records available to County inspectors upon request within 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 the purchaser.
          10. (jj)
            Auctions shall be screened to block visibility from public rights-of-way and Rural and Agricultural or Residential base zones in accordance with the following standards, which shall not apply to publicly owned residential property:
            1. (I)
              In addition to the landscaping requirements found in the 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 feet high or an evergreen screen consisting of trees at least eight feet high, planted in a ten-foot-wide landscape strip. Trees within an evergreen screen shall be planted eight feet on center in a staggered pattern and have a minimum diameter of four 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 2X4 frame with 4X4 support posts, provided that the panelized metal is a minimum 29-gauge steel or similar material with a corrosive-resistant coating (such as a baked-on enamel finish) that is 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. (II)
              Any fences or walls shall be located behind a planted landscape strip as prescribed in the Landscape Manual.
            3. (III)
              Screening installed pursuant to the requirements of the Landscape Manual or an approved site plan on adjacent property in a Rural and Agricultural or Residential base zone shall satisfy the requirements of this Section.
            4. (IV)
              Any fencing installed along property boundaries not visible from an existing public right-of-way or a Rural and Agricultural or Residential base zone shall be enclosed by a black, vinyl-clad, chain-link fence or other material not prohibited by provision (jj) above.
          11. (kk)
            Ingress and egress driveway aprons shall have a minimum width of 30 feet and shall be paved with concrete and meet the commercial driveway standards of SHA, DPW&T, or those of the applicable municipality. Drive aisles for internal circulation shall have a minimum width of 22 feet and shall be paved with concrete, asphalt, or asphalt millings surface.
          12. (ll)
            Paved surfaces shall be maintained in good repair.
          13. (mm)
            Dust-control measures shall be used on the site.
          14. (nn)
            Disposal of all fluids and other materials shall be accomplished in a manner that complies with all County, State, and Federal regulations.
          15. (oo)
            All lighting shall be directed away from adjoining properties.
          16. (pp)
            If an amplified public address system is utilized for the auction's sales activities, the sales activities shall be within a wholly enclosed building or located at least 500 feet from any land within a Rural and Agricultural or Residential base zone. If outside an enclosed building, use of an amplified public address system shall be limited to the hours of 9 a.m. to 6 p.m. for a maximum of three days per week.
          17. (qq)
            Except in the IH Zone, all auction uses shall be located on a parcel or parcels with a total area not less than ten acres.
          18. (rr)
            The auction site shall have direct access to a commercial street with a right-of-way width of at least 70 feet and pavement width of at least 46 feet; and
          19. (ss)
            The auction site shall have no direct access to or from public streets with a right-of-way width less than 70 feet.
          20. (tt)
            All areas used for vehicle sales, display, parking, or storage shall be on a paved concrete or asphalt surface.
          21. (uu)
            The parking, loading, and vehicle storage and display areas associated with the auction shall be considered a sensitive environmental area with regard to the stormwater management facilities required, and as such, shall provide on-site water quality treatment in addition to an approved prevention plan as required by the County Stormwater Ordinance.
          22. (vv)
            Auction sales may only be conducted by a State-licensed dealer or an auctioneer holding a valid State Trader's License.
        2. (ii)
          Vehicle or Trailer Sales or Rental
          1. (aa)
            The use shall have no more than one vehicle/trailer display pad for every 100 feet of street frontage. A vehicle/trailer display pad shall not exceed 5,000 square feet in area and may be elevated up to two feet above nearby displays or ground level.
          2. (bb)
            No vehicles, trailers, or other similar items shall be displayed on the top of a building.
          3. (cc)
            No materials for sale or rent other than vehicles or trailers shall be displayed between the principal structure and the adjoining street.
        3. (iii)
          Vehicle and Trailer Rental Display
          1. (aa)
             If the use is a totally separate business (not in connection with any other business), it shall be subject to the following: 
            1. (I)
              The area devoted to rental purposes shall not be more than 60% of the net lot area; and
            2. (II)
              The display shall be set back at least 30 feet from the street line. 
          2. (bb)
            If the rental use is in conjunction with another use, it shall be subject to the following:
            1. (I)
              A special exception is required to validate the rental use, irrespective of the commencement date of the use; and
            2. (II)
              Off-street parking for the use shall be provided in addition to the off-street parking required for the other business.
          3. (cc)
            The display for rental purposes of motor vehicles (except dump trucks), trailers, boats, camping trailers, or other vehicles may be permitted, subject to the following:
            1. (I)
              Rental vehicles shall be parked on a hard-surfaced area, which is resistant to erosion and adequately treated to prevent dust emission;
            2. (II)
              The gross weight of trucks shall not exceed 20,000 pounds each;
            3. (III)
              In addition to the buffering requirements in the Landscape Manual, the use shall be screened from existing or proposed residential development by a six-foot high opaque wall or fence. The fence or wall shall not contain any advertising material, and shall be maintained in good condition. This screening may be modified by the District Council where the parking area is already effectively screened from residential property by natural terrain features, changes in grade, or other permanent, natural, or artificial barriers. 
      5. (E)
        Taxi or Limousine Service Facility
        1. (i)
          No dismantling or demolition of vehicles shall take place on the premises.
        2. (ii)
          In the CGO Zone and in the Transit-Oriented/Activity Center base and PD zones, vehicle storage is not permitted.
      6. (F)
        Vehicle Parts or Tire Store
        1. (i)
          All tire installation shall be performed in a wholly enclosed building, with no outdoor storage.
      1. (G)
      2.  
        1. (i)
          Vehicles shall not be stored for more than 90 days.
    11. (11)
      Visitor Accommodation Uses
      1. (A)
        Bed and Breakfast (as Accessory to a Single-Family Detached Dwelling)
        1. (i)
          The property owner or a member of the owner’s family shall live in the dwelling as a primary residence and manage the bed and breakfast use.
        2. (ii)
          The maximum number of guest rooms shall be eight.
        3. (iii)
          The guest rooms may be within or attached to the principal dwelling or exist within or as a detached structure (e.g., above a detached garage).
        4. (iv)
          Guest stays shall be limited to no more than two weeks in any one visit.
        5. (v)
          No more than two nonresident persons may be employed on the premises.
        6. (vi)
          Interior residential features shall be retained in a manner that will allow re-conversion to solely a single-family residential use.
        7. (vii)
          Meals shall be served only to dwelling residents, and overnight resident guests, or their bona fide dining guests.
        8. (viii)
          Within the Capital Beltway, at least 1 additional parking space per 2 guestrooms available for rent shall be provided in addition to those required for the principal dwelling. Outside the Capital Beltway, at least 1 additional parking space for each guestroom available for rent shall be provided instead.
        9. (ix)
          There shall be no sign or other evidence of the bed and breakfast accessory use except one sign not exceeding two feet by three feet in area. Such sign may be double-faced and illuminated, but not internally illuminated or back-lit.
        10. (x)
          Other than the sign authorized above, the dwelling and site shall be maintained and landscaped to eliminate outward signs of transient use, and shall be compatible with the neighborhood surroundings.
      2. (B)
        Hotel or Motel
        1. (i)
          The proposed use shall have frontage on, and direct vehicular access to, a street with a right-of-way width of at least 70 feet.
        2. (ii)
          The proposed use may include any of the following accessory uses. All accessory uses, and their square footages, shall be shown on the approved site plan. Notwithstanding any other requirement of this Subtitle, these accessory uses shall be permitted without obtaining a separate approval:
          1. (aa)
            Entertainment establishment;
          2. (bb)
            Gift shop;
          3. (cc)
            Beauty shop;
          4. (dd)
          5. (ee)
            Auditorium;
          6. (ff)
            Recreational uses;
          7. (gg)
            Sauna, public spa, or steam room;
          8. (hh)
            Solarium;
          9. (ii)
            Valet shop;
          10. (jj)
            Similar retail stores and consumer goods establishments;
          11. (kk)
            Restaurant;
          12. (ll)
            Meeting facilities; and
          13. (mm)
            Lobby and registration area.
        3. (iii)
          In reviewing the application, the Director of DPIE shall pay particular attention to surrounding existing and proposed land uses and the compatibility of the hotel or motel and its accessory uses with the surrounding area.
      3. (C)
        Recreational Campground

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

      4.  
        1. (i)
          The campground shall be reasonably accessible to an improved public street, and access shall not be by means of streets internal to residential subdivisions for single-family dwellings. Access to campsites shall be provided by well-maintained driveways within the campground. No vehicular access shall be located within 300 feet of any school, fire station, or hospital;
        2. (ii)
          The subject property shall contain at least five acres;
        3. (iii)
          Active recreational areas, consisting of facilities such as swimming pools, children's playgrounds, fishing and boating ponds, shuffleboard courts, tennis courts, bike trails, and golfing facilities shall take up at least ten percent of the gross campground area, and shall be located at least 50 feet from all boundary lines of the special exception.
        4. (iv)
          Camping trailers shall be parked only on designated campsites, which shall be at least 30 feet wide and contain at least 1,600 square feet each. No campsite shall be located less than 100 feet from any street line or 50 feet from any other boundary line of the special exception or any structure (other than a utility structure or campsite shelter) in the campground;
        5. (v)
          Retail, service, and commercial recreational activities (including a public spa), which only serve the customary needs of campers, are permitted, provided that:
          1. (aa)
            The uses are secondary to the campground;
          2. (bb)
            The uses are internally oriented;
          3. (cc)
            The uses do not have direct access to a public street; and
          4. (dd)
            The uses do not display separate signs (from any signs for the campground) which are visible from a street.
        6. (vi)
          No camping trailer shall be located in a recreational campground for an indefinite period of time. No camping trailer temporarily parked in a campground may be occupied for more than three (3) months in any twelve (12) month period. The wheels of a camping trailer may only be removed for temporary purposes of repair or to attach the trailer to the ground for stabilization;
        7. (vii)
          Campsites shall not be located on slopes which exceed fifteen percent (15%). Existing vegetation shall be cleared only when necessary for campground facilities and only in accordance with the approved site plan; and
        8. (viii)
          In addition to any other applicable submittal requirements, the site plan shall show:
          1. (aa)
            The physical characteristics of the site (including existing and planned topography and major stands of trees);
          2. (bb)
            The proposed type and location of campsites (including designated walk-in sites);
          3. (cc)
            Proposed pedestrian pathways and bikeways; and
          4. (dd)
            A description of the utilities to be provided.
    12. (12)
      Water-Related Uses
      1. (A)
        Boat Sales, Rental, Service, or Repair
        1. (i)
          Discarded parts resulting from any repair work shall be removed promptly from the premises.
        2. (ii)
          Boat replacement parts and accessories shall be stored either inside the main structure or in a wholly enclosed accessory building used solely for storage.
        3. (iii)
          The use shall be designed so that service bays are not directly visible from an adjoining street.
        4. (iv)
          Boats may not be stored as a source of parts. Boats that are repaired and awaiting removal may be stored for no more than 30 consecutive days.
      2. (B)
      3.  
        1. (i)
          In the Limited Development Activity (LDO) Zone, a boat storage yard is allowed only if it is noncommercial.
  • (f)
    Industrial Uses
    1. (1)
      General CBAO Zone Use Standard Modifications
      1. (A)
        Within a Resource Conservation Overlay (RCO) Zone or Limited Development Overlay (LDO) Zone, all industrial uses except fisheries activities, sand or gravel wet-processing, and surface mining are prohibited. Within the Limited Development Overlay (LDO) Zone and Intensely Developed Overlay (IDO) Zone, the following standards apply to any industrial use:
      2.  
        1. (i)
          The use shall meet a recognized public or private need;
        2. (ii)
          The use shall be water-dependent in accordance with the definition of "water-dependent facilities" in COMAR 27.01.03.01 and meet the general criteria in COMAR 27.01.03.04(B). Any use that is not a "water-dependent facility" shall be located outside the Buffer insofar as possible; and
        3. (iii)
          Adverse effects on water quality and on fish, plant, and wildlife habitat shall be minimized.
    2. (2)
      Extraction Uses
      1. (A)
      2.  
        1. (i)
          Minimum net land area shall be 50 contiguous acres unless the property has direct vehicular access to an existing four-lane highway.
        2. (ii)
          Fixed installations that involve washing, screening, classifying, crushing facilities, and parking and storage areas for trucks and heavy equipment, shall be located at least 400 feet from all boundary lines of the subject property.
        3. (iii)
          Fixed installations that involve automobile parking and settling ponds shall be located at least 200 feet from all boundary lines of the subject property.
        4. (iv)
          Nonstructural installations that involve stockpiles of natural material shall be located at least 300 feet from all boundary lines of the subject property unless the stockpiles are adequately screened from view from adjoining properties.
        5. (v)
          Driveways for ingress and egress shall be located so as not to endanger pedestrians or create traffic hazards. Any ingress or egress driveway shall have a minimum width of 22 feet, and shall be paved for a distance of at least 200 feet from the boundary line of the subject property.
        6. (vi)
          Dust-control measures shall be used on the driveways and the interior traffic circulation system.
        7. (vii)
          Within a Chesapeake Bay Critical Area Overlay Zone, wash plants (including ponds, spoil sites, and equipment) are prohibited in the buffer (as defined in Subtitle 5B: Chesapeake Bay Critical Area).
        8. (viii)
          The site plan and accompanying information shall include:
          1. (aa)
            The location of all washing, screening, classifying, and crushing facilities;
          2. (bb)
            The location of all natural material stockpiles;
          3. (cc)
            The internal traffic circulation system;
          4. (dd)
            The parking and storage areas for all vehicles and equipment;
          5. (ee)
            The settling ponds and water bodies;
          6. (ff)
            The source of water to be used in the operation; and
          7. (gg)
            The identification of the trucks and heavy equipment to be used in the plant operation.
        9. (ix)
          All information required as part of the application shall be referred to the Prince George’s County Department of Public Works and Transportation; Prince George’s County Soil Conservation District; Washington Suburban Sanitary Commission; Prince George’s County Department of Permitting, Inspections, and Enforcement; Maryland State Highway Administration; and Maryland State Water Resources Administration for comment. These agencies shall be given forty-five (45) days to reply. A copy of the same information shall also be submitted to the Sand and Gravel Advisory Committee.
    3. (3)

      Manufacturing Uses

      1. (A)
        Cannabis Processor
        1. (i)
          All aspects of the use shall be conducted within a fully enclosed building, in accordance with all applicable laws, rules, and regulations.
        2. (ii)
          Outdoor signage shall be limited to building-mounted signs. Advertisement for Cannabis or Cannabis products is prohibited.
        3. (iii)
          Cannabis processor is not permitted as an accessory use.
      2. (B)
        Cannabis Micro-Processor
        1. (i)
          All aspects of the use shall be conducted within a fully enclosed building, in accordance with all applicable laws, rules, and regulations.
        2. (ii)
          Outdoor signage shall be limited to building-mounted signs. Advertisement for Cannabis or Cannabis products is prohibited.
        3. (iii)
          Cannabis micro-processor is not permitted as an accessory use. However, it may co-locate with Cannabis micro-dispensary and/or Cannabis micro-grower uses.
      3. (C)
        Concrete or Brick Products Manufacturing
        1. (i)
          Use components and other parts of the operation having the potential for generating adverse noise, dust, or vibration impacts shall be located at least:
          1. (aa)
            300 feet from the boundary lines of the subject property adjoining any land in any Rural and Agricultural or Residential zone, Transit-Oriented/Activity Center base or PD zone, or the CGO Zone, or from land approved for residential or commercial use; and
          2. (bb)
            100 feet from the boundaries of the subject property adjoining any land in the IE of IH Zones, or from land approved for industrial use.
        2. (ii)
          Other fixed installations of the use (including automobile parking, settling ponds, and office uses) shall be located at least 100 feet from the boundaries of the subject property adjoining any land in any Rural and Agricultural or Residential base zone, or from land approved for residential use on an approved Basic Plan for the LCD Zone or any approved detailed site plan.
        3. (iii)
          Driveways for ingress and egress shall be located so as not to endanger pedestrians or create traffic hazards.
        4. (iv)
          Any ingress or egress driveway shall have a minimum width of 22 feet, and shall be paved for a distance of at least 200 feet from the boundary line of the subject property.
        5. (v)
          Dust-control measures shall be used on the driveways and the interior traffic circulation system.
      4. (D)
        Fisheries Activities
        1. (i)
          Within a Chesapeake Bay Critical Area Overlay Zone, the following standards shall apply:
          1. (aa)
            The activities shall meet a recognized public or private need.
          2. (bb)
            The activities shall be water-dependent in accordance with the definition of "water-dependent facilities" in COMAR 27.01.03.01 and meet the general criteria in COMAR 27.01.03.04(B). Any fisheries activities that are not a "water-dependent facility" shall be located outside the buffer insofar as possible.
          3. (cc)
            Adverse effects on water quality and on fish, plant, and wildlife habitat shall be minimized.
          4. (dd)
            The use is consistent with the approved Area Master Plan or Sector Plan for the area.
      5. (E)
        Fertilizer Manufacturing
        1. (i)
          All operations shall be confined to the interior of a wholly enclosed building;
        2. (ii)
          There shall be no outside storage of either raw materials or finished products; and
        3. (iii)
          An impact statement shall be submitted explaining:
          1. (aa)
            The scope of the operation;
          2. (bb)
            The provisions for control of noxious odors;
          3. (cc)
            The pollution control measures to be taken; and
          4. (dd)
            The compatibility of the use with the surrounding area.
      6. (F)
        Paper and Paperboard Products
        1. (i)
          All operations shall be located in a wholly enclosed building.
        2. (ii)
          An impact statement shall be submitted explaining:
          1. (aa)
            The scope of the operation;
          2. (bb)
            The provisions proposed for the control of noxious odors;
          3. (cc)
            The pollution control measures to be taken; and
          4. (dd)
            The compatibility of the use with the surrounding area.
    4. (4)
      Warehouse and Freight Movement Uses
      1. (A)
        Consolidated Storage
        1. (i)
          The subject property shall front on and have direct vehicular access to an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the use.
        2. (ii)
          The exterior and architectural façade of the building shall be compatible with the prevailing architecture and appearance of other development in the surrounding neighborhood.
        3. (iii)
          No entrances to individual consolidated storage units shall be visible from a street or from adjoining land in any Rural and Agricultural or Residential base zone, Transit-Oriented/Activity Center base or PD zone, or the CN, CS, or CGO zones, or from land approved for a residential or commercial use.
        4. (iv)
          Entrances to individual consolidated storage units shall be either oriented toward the interior of the development or completely screened from view by a solid wall, with landscaping along the outside thereof.
        5. (v)
          For consolidated storage units having direct access to areas outside the building, there shall be provided driveways and areas between buildings for vehicular access, loading, and unloading. Sufficient width shall be provided to permit a moving vehicle to safely and efficiently pass a vehicle parked adjacent to an individual consolidated storage unit. In no case shall a width of more than 25 feet be required.
        6. (vi)
          In the IE Zone, the expansion of an existing consolidated storage use within a building shall be limited to a maximum of 50 additional individual units and shall not be located within one-half mile of another consolidated storage use in the IE Zone. However, this Subsection shall not apply to a consolidated storage use expansion constructed pursuant to an approved preliminary plan of subdivision, final plat, and detailed site plan, where the consolidated storage use is buffered from view from any public right-of-way. The required Technical Staff Report prepared and submitted to the administrative record for the detailed site plan application shall include a current, countywide inventory of the locations, dates of approval, and any conditions of approval for consolidated storage uses located on property within one-half mile of the boundaries of the property on which the proposed consolidated storage use will be located.
        7. (vii)
          In the CGO Zone, the property owner shall set aside of minimum of 1,500 square feet of gross floor area of commercial/retail/office space at ground level or above ground level at zero base rent to be leased as a business incubator or Community Non-Profit Space, as defined in Section 27-2500 of this Code, subject to the following:
          1. (aa)
            If the Community Non-Profit Space is located above ground level, the property owner shall ensure that space is handicapped accessible, and shall provide adequate signage so that the public can locate the space.
          2. (bb)
            Occupancy and use of the Community Non-Profit Space shall be subject to a Community Benefit Agreement executed by the property owner and Community Non-Profit Organization, as approved by the District Council. Said Community Benefit Agreement shall be binding on all successors, heirs, and assigns of the property.
        8. (viii)
          Property in the IE Zone that was rezoned from the I-3 Zone, and that is adjacent to land in the RE Zone, shall not develop with Consolidated Storage uses.
          1. (aa)
            The property owner shall ensure that the Community Non-Profit tenant access to at least one (1) large storage unit on the property.
      2. (B)
        Outdoor Storage (as a Principal Use)
        1. (i)
          The area(s) used for outdoor storage shall be fully enclosed with a fence or wall no greater than eight feet high. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.
        2. (ii)
          Any repair of equipment shall be conducted within an enclosed building.
        3. (iii)
          The outdoor storage shall be designed so that customers and vehicles can circulate through the area(s).
      3. (C)
      4.  
        1. (i)
          Maximum total floor area shall not exceed 100,000 square feet;
        2. (ii)
          Maximum floor area ratio (FAR) of the warehouse showroom shall not exceed 0.36.
        3. (iii)
          The warehouse showroom shall be located at least 275 feet from any land in any Rural and Agricultural or Residential base zone or land approved for a residential use on an approved Basic Plan for the LCD Zone or any approved detailed site plan.
    5. (5)
      Resource Recovery and Waste Management Uses
      1. (A)
        Recycling Collection Center
        1. (i)
          The subject property shall front on and have direct vehicular access to an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the proposed use.
        2. (ii)
          All operations shall be confined to the interior of a wholly enclosed building. There shall be no outdoor storage.
        3. (iii)
          The property shall be kept clean and free from debris.
      2. (B)
        Recycling Plant

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

        1. (i)
          All operations shall be confined to the interior of a wholly enclosed building;
        2. (ii)
          There shall be no outside storage of materials used in the operation;
        3. (iii)
          An impact statement shall be submitted explaining:
          1. (aa)
            The scope of the operation;
          2. (bb)
            The provisions proposed for control of any noxious odors;
          3. (cc)
            The pollution control measures to be taken; and
          4. (dd)
            The compatibility of the use with the surrounding area.
      3. (C)
        Solid Waste Processing Facility
        1. (i)
          The collection, storage, and shipping of recyclable paper may be permitted, subject to the following:
          1. (aa)
            The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the proposed use;
          2. (bb)
            All operations shall be confined to the interior of a wholly enclosed building. There shall be no outdoor storage;
          3. (cc)
            The property shall be kept clean and free from debris;
          4. (dd)
            An impact statement shall be submitted explaining:
            1. (I)
              The scope of the operation;
            2. (II)
              The proposed hours of operation;
            3. (III)
              The type and amount of traffic expected to be generated; and
            4. (IV)
              The compatibility of the use with the surrounding area;
        2. (ii)
          The proposed use of the subject property shall be appropriate, given the nature of development and uses of adjacent properties and in the general neighborhood.
      4. (D)
        Solid Waste Transfer Station

        A solid waste transfer station may be permitted subject to the following:

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

    On June 30, 2025, Amendment 5 to CB-015-2024 was reversed (Kathy Bartolomeo et al. C-16-CV-24-003613). On June 30, 2025, Amendment 15 to CB-015-2024 was remanded (Kathy Bartolomeo et al. C-16-CV-24-003613) and subsequently failed via Council vote.

    (CB-068-2022; CB-076-2022; CB-080-2022; CB-011-2023; CB-068-2023; CB-013-2024; CB-028-2024; CB-015-2024; CB-062-2024; CB-027-2025; CB-065-2025; CB-043-2025; CB-069-2025) 

    27-5103. Prohibited Commercial Use of Residential Property

  • (a)
    The Zoning Ordinance generally restricts residential properties to residential and compatible accessory uses. Commercial uses on residential properties are limited to those expressly permitted by Section 27-5105(c), Principal Use Table for Rural and Agricultural, and Residential Base Zones. While residents are entitled to enjoy the use of their property consistent with the applicable regulations, in order to ensure and protect the enjoyment, character and value of residential neighborhoods and buildings, the provisions herein are established.
  • (b)
    The District Council finds the increasing use of residential properties for parties, events, assemblies, or gatherings open to the public in return for payment of a cover charge or the sale of goods or services is adversely impacting the surrounding residential neighborhoods with increasing criminal activity, noise, and traffic, and by inhibiting ingress and egress for vehicles, including emergency vehicles, in these residential neighborhoods. The District Council is charged with balancing the rights of its citizens under the Federal and State constitutions to peaceful assembly, free expression, religious freedom, and other rights with the right of quiet enjoyment and protection of the inherent characteristics of property in dedicated Residential Zones.
  • (c)
    Prohibited commercial use of residential property in this section shall mean any occupancy of residential property for the purpose of holding commercial parties, events, assemblies, or gatherings on the premises.
  • (d)
    Use of residential property shall be deemed commercial and not permitted, except as otherwise provided for in the Zoning Ordinance, if:
    1. (1)
      The owner, lessee, resident, or any occupier of the property receives payment or other consideration, e.g., goods, property or services, in excess of One Hundred Dollars ($100.00) per party or event for the commercial use of the property, including payment by any means, direct or indirect, including security deposits;
    2. (2)
      Goods, property, or services are offered for sale or sold on or at the property, during use of the property; however, this subsection shall not apply if:
      1. (A)
        All goods, property, or services offered are donated to or for charitable, religious or political organizations or candidates for public office, that have received 501(c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws;
      2. (B)
        All of the proceeds from sales are directly payable and paid to charitable, religious or political organizations or candidates for public office, that have received 501(c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws. An organization or candidate may reimburse donors for goods or property donated; or
      3. (C)
        The sale is of the property itself or personal property of the owner, lessee, occupier, or resident (excluding personal property owned by a business).
    3. (3)
      Use of the property by attendees requires an admittance or membership fee or a donation, excluding donations directly payable and paid by attendees to charitable, religious or political organizations or candidates for public office, that have received 501(c)(3) or other tax exempt status under the U.S. Internal Revenue Code, as amended, or in accordance with applicable election laws; or
    4. (4)
      There is any advertising that promotes the occupancy or use of the residential property for the purpose of holding commercial parties, events, assemblies, or gatherings. Advertising includes, but is not limited to, traditional media, newspaper, magazines, flyers, handbills, television commercial, radio advertisement, outdoor advertising, direct mail, blogs or social media, including electronic mail, websites or text messages.
  • (e)
    Exemptions. Notwithstanding the previous subsection, this Section does not apply to:
    1. (1)
      The open showing of residential property to the public by a licensed real estate agent, the owner, lessee, or resident, for the purpose of promoting the sale or lease of the subject property, provided that no sale or display of goods, property or services by sponsoring businesses unrelated to the sale or lease of the property transpires, or:
    2. (2)
      Any use in the RMF-12, RMF-20, or RMF-48 zones, Nonresidential zones, Transit-Oriented/Activity Center base and PD zones, or the MU-PD Zone.
  • (f)
    Any police officer or inspector may enforce this Section by:
    1. (1)
      Issuing an immediate order to cease and desist the prospectively planned prohibited activity to the owner, lessee, resident or occupier of the property, and posting the front door of the property, subject to the right of any aggrieved party within five (5) business days to request an expedited hearing before the Chief of Police or the Director of the Prince George’s County Department of Permitting, Inspections and Enforcement, or their respective designees, of the cease and desist order issued by the officer or inspector; or
    2. (2)
      Issuing a Five Hundred Dollar ($500) civil fine for each offense. No violation notice need be issued prior to the issuance of the civil citation, notwithstanding any other provision of the Zoning Ordinance or County Code to the contrary.
  • (g)
    Any decision of the Chief of Police or the Director of the Prince George’s County Department of Permitting, Inspections and Enforcement, or their respective designees, issued under this Section may be appealed by an aggrieved party within five (5) business days of receipt of the decision to the Board of Appeals.
  • (h)
    Any person who violates the prescriptions of this Section shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) or incarceration up to six (6) months in jail, or both such fine and imprisonment.
  • 27-5201. Designation of Accessory Uses and Structures

    The Accessory Use/Structure Tables in this Section use the following abbreviations to designate whether and how an accessory use or structure is allowed in a particular zone:

    PA "P" under a base zone column indicates that the use or structure is permitted as an accessory use or structure in the zone, subject to Section 27-5202, General Standards for All Accessory Uses and Structures, any referenced use-specific standards, and all other applicable requirements of this Ordinance.
    SEAn "SE" under a base zone column indicates that the use or structure is permitted as an accessory use or structure in the zone only on approval of a special exception in accordance with Section 27-3604, Special Exception, subject to Section 27-5202, General Standards for All Accessory Uses and Structures, and all other applicable requirements of this Ordinance.
    AAn "A" under a Planned Development (PD) zone column indicates that the use or structure is permitted as an accessory use or structure in the zone, subject to Section 27-5202, General Standards for All Accessory Uses and Structures, any referenced use-specific standards, and all other applicable requirements of this Ordinance—unless the PD Basic Plan/PD Conditions of Approval approved for the zone expressly identifies the use or structure as prohibited.
    XAn "X" under a base or Planned Development (PD) zone column indicates that the use or structure is prohibited as an accessory use or structure in the zone.
    XAn "X" under an overlay zone column indicates that the use or structure is prohibited as an accessory use or structure in the overlay zone, irrespective of whether it is allowed in the underlying base zone.
    SE*An SE* in an overlay zone column indicates that, irrespective of whether it is a permitted use in the underlying base zone, the use or structure is permitted as an accessory use or structure in the zone only on approval of a special exception in accordance with 27-3604, Special Exception, subject to Section 27-5202, General Standards for All Accessory Uses and Structures, and all other applicable requirements of this Ordinance.
    P*A P* in an overlay zone column indicates that, irrespective of whether it is prohibited or allowed only as a special exception in the underlying base zone, the use or structure is permitted as a permitted accessory use or structure in the zone, subject to Section 27-5202, General Standards for All Accessory Uses and Structures, any referenced use-specific standards, and all other applicable regulations of this Ordinance.
     A blank cell in the overlay zone column means that the use or structure is permitted if also permitted in the underlying base zone.
    1.  
      1. (1)
        Review for Compliance with this Section and Any Use Specific Standards

        Although accessory uses (except for home occupation and before- and after-school recreational program) are exempt from the need to obtain a use and occupancy permit (see Section 27-3608(b)(2)(C)), a proposed accessory use shall be reviewed for compliance with this Section when it is proposed and prior to its development if the accessory use is part of an application for a detailed site plan (see Section 27-3605), special exception (see Section 27-3604), or a building permit (see Section 27-3611).

      2. (2)
        Reference to Use-Specific Standards

        A particular use or structure allowable as an accessory use or structure in a zone may be subject to additional standards that are specific to the particular accessory use or structure. The applicability of such use-specific standards is noted in the last column of the Accessory Use/Structure Tables ("Use-Specific Standards") through a reference to standards in Section 27-5203, Standards Specific to Accessory Uses and Structures.

    1. (b)
      Accessory Use/Structure Table for Rural and Agricultural, and Residential Base Zones
    Table 27-5201(b): Accessory Use/Structure Table for Rural and Agricultural, and Residential Base Zones
    P = Permitted by Right SE = Allowed only with approval of a Special Exception X = Prohibited
    Accessory Use/StructureRural and Agricultural
    Base Zones
    Residential Base ZonesUse-Specific Standards
    ROSAGARRERRRSF‐95RSF‐65RSF‐ARMF‐12RMF‐20RMF‐48
    Accessory building, increase in heightSESESESESESEXSESEXXRefer to special exception standards
    Accessory structures and uses, except as otherwise providedPPPPPPPPPPP 
    AgritourismPPPPPXXXXXX27-5203(b)(1)
    Automated teller machine (ATM) (as accessory to a nonresidential use)PPPPPPPPPPP27-5203(b)(2)
    BeekeepingPPPPPPPPPPP 
    Bike share stationXXXXXPPPPPP 
    Car washing station, privateXXXXXXXXXPPRefer to special exception standards
    Collocated telecommunications antennaPPPPPPPPPPP 
    Composting, small-scalePPPPPPPPPPP27-5203(b)(3)
    Drive-through serviceXXXXXXXXXXX27-5203(b)(4) and refer to special exception standards
    Family child care home, largePPPPPPPPPPP27-5203(b)(18)
    Family child care home, smallPPPPPPPPPPP27-5203(b)(18)
    Farm tenant dwelling (as accessory to an agriculture use)XPPPPXXXXXX27-5203(b)(5)
    Green roofPPPPPPPPPPP 
    Guest housePPPXXXXXXXX 
    Home occupationPPPPPPPPPPP27-5203(b)(6)
    Laundromat (as accessory to a multifamily dwelling, marina, or recreational campground)PPPPPPPPPPP 
    Limited fuel/oil/bottled gas distributionXXXXXXXXXXX27-5203(b)(7)
    Medical cannabis grower and/or processorXXXXXXXXXXX 
    Nursery and garden center (as accessory to an agricultural use)XPPPPXXXXXX27-5203(b)(8)
    Outdoor storage (as an accessory use)XXXXXXXXXXX27-5203(b)(9)
    Produce stand (as accessory use to farm or community garden)PPPPPPPPPPP27-5203(b)(10)
    Recreational program, before- and after-schoolPPPPPPPPPPP 
    Retail sales (as accessory to a manufacturing, warehouse, or wholesale use)XXXXXXXXXXX27-5203(b)(11)
    Retail sales (as accessory to a multifamily development)XXXXXXXXXXX 
    Satellite dish antennaPPPPPPPPPPP27-5203(b)(12)
    Solar energy systems, small-scalePPPPPPPPPPP27-5203(b)(13)
    Stable, privatePPPPPXXXXXX27-5203(b)(14)
    Swimming pool (as an accessory use)PPPPPPPPPPP27-5203(b)(15)
    Tourist home (as accessory to a dwelling)PPPPPPPPPPP27-5203(b)(17)
    Wind energy conversion system, small-scalePPPPPPPPPPP27-5203(b)(16)
    1. (c)
      Accessory Use/Structure Table for Nonresidential, Transit-Oriented/Activity Center, and Other Base Zones
    Table 27-5201(c): Accessory Use/Structure Table for Nonresidential, Transit-Oriented/Activity Center, and Other Base Zones
    P = Permitted by Right SE = Allowed only with approval of a Special Exception X = Prohibited
    Accessory Use/StructureNonresidential Base ZonesTransit-Oriented/Activity Center Base ZonesOther Base ZonesUse-Specific Standards
    NACTACLTORTO-LRTO-H
    CNCSCGOIEIHCoreEdgeCoreEdgeCoreEdgeCoreEdgeRMH
    Accessory building, increase in heightXXXXXXXXXXXXXXXRefer to special exception standards
    Accessory structures and uses, except as otherwise providedPPPPPPPPPPPPPPP 
    AgritourismXXXXXXXXXXXXXXX27-5203(b)(1)
    Automated teller machine (ATM) (as accessory to a nonresidential use)PPPPPPPPPPPPPPP27-5203(b)(2)
    BeekeepingXXXXXXXXXXXXXXX 
    Bike share stationPPPPPPPPPPPPPPP 
    Car washing station, privatePPPPPSESESESESESESESESEXRefer to special exception standards
    Collocated telecommunications antennaPPPPPPPPPPPPPPP 
    Composting, small-scalePPPPPPPPPPPPPPP27-5203(b)(3)
    Drive-through serviceSEPSEPXXXPXXXXXXX27-5203(b)(4)
    and refer to special exception standards
    Family child care home, largePPPPPXXXXXXXXXX27-5203(b)(18)
    Family child care home, smallPPPPPPXXXXXXXXX27-5203(b)(18)
    Farm tenant dwelling (as accessory to an agriculture use)XXXXXXXXXXXXXXX27-5203(b)(5)
    Green roofPPPPPPPPPPPPPPP 
    Guest houseXXXXXXXXXXXXXXX 
    Home occupationPPPPPPPPPPPPPPP27-5203(b)(6)
    Laundromat (as accessory to a multifamily dwelling, marina, or recreational campground)PPPPPPPPPPPPPPP 
    Limited fuel/oil/bottled gas distributionPPPPPXXXXXXXXXX27-5203(b)(7)
    Medical cannabis grower and/or processorXXXXXXXXXXXXXXX 
    Nursery and garden center (as accessory to an agricultural use)XXXXXXXXXXXXXXX27-5203(b)(8)
    Outdoor storage (as an accessory use)PPPPPXXXXXXXXXX27-5203(b)(9)
    Produce stand (as accessory to farm or community garden)PPPPPPPPPPPPPPP27-5203(b)(10)
    Recreational program, before- and after-schoolPPPPPPPPPPPPPPP 
    Retail sales (as accessory to a manufacturing, warehouse, or wholesale use)XPXPPXXXXXXXXXX27-5203(b)(11)
    Retail sales (as accessory to a multifamily development)PPPPPXPPPPPPPPX 
    Satellite dish antennaPPPPPPPPPPPPPPP27-5203(b)(12)
    Solar energy systems, small-scalePPPPPPPPPPPPPPP27-5203(b)(13)
    Stable, privateXXXXXXXXXXXXXXX27-5203(b)(14)
    Swimming pool (as an accessory use)PPPPPPPPPPPPPPP27-5203(b)(15)
    Tourist home (as accessory to a dwelling)PPPPPPPPPPPPPPP27-5203(b)(17)
    Wind energy conversion system, small-scalePPPPPPPPPPPPPPP27-5203(b)(16)
    1. (d)
      Accessory Use/Structure Table for Planned Development Zones
    Table 27-5201(d): Accessory Use/Structure Table for Planned Development Zones
    A = Permitted, Unless the District Council Prohibits the Use in the PD Basic Plan
    SE = Allowed only with the approval of a Special Exception X = Prohibited
    Accessory Use/StructurePlanned Development ZonesUse-Specific Standards
    R-PDNAC-PDTAC-PDLTO-PDRTO-PDMU-PDIE-PD
    Accessory building, increase in heightXXXXXXXRefer to special exception standards
    Accessory structures and uses, except as otherwise providedAAAAAAA 
    AgritourismXXXXXXX27-5203(b)(1)
    Automated teller machine (ATM) (as accessory to a nonresidential use)AAAAAAA27-5203(b)(2)
    BeekeepingAXXXXXX 
    Bike share stationAAAAAAA 
    Car washing station, privateXXXXXXXRefer to special exception standards
    Collocated telecommunications antennaAAAAAAA 
    Composting, small-scaleAAAAAAA27-5203(b)(3)
    Drive-through serviceAXAXXAX27-5203(b)(4) 
    and refer to special exception standards
    Family child care home, largeXXXXXXX27-5203(b)(18)
    Family child care home, smallAXXXXAX27-5203(b)(18)
    Farm tenant dwelling (as accessory to an agriculture use)XXXXXXX27-5203(b)(5)
    Green roofAAAAAAA 
    Guest houseXXXXXXX 
    Home occupationAAAAAAA27-5203(b)(6)
    Laundromat (as accessory to a multifamily dwelling, marina, or recreational campground)AAAAAAA 
    Limited fuel/oil/bottled gas distributionXXXXXXX27-5203(b)(7)
    Medical cannabis grower and/or processorXXXXXXX 
    Nursery and garden center (as accessory to an agricultural use)XXXXXXX27-5203(b)(8)
    Outdoor storage (as an accessory use)XXXXXXA27-5203(b)(9)
    Produce stand (as accessory to farm or community garden)AAAAAAA27-5203(b)(10)
    Recreational program, before- and after-schoolAAAAAAA 
    Retail sales (as accessory to a manufacturing, warehouse, or wholesale use)XXXXXXA27-5203(b)(11)
    Retail sales (as accessory to a multifamily development)XXXXXXX 
    Satellite dish antennaAAAAAAA27-5203(b)(12)
    Solar energy collection system, small-scaleAAAAAAA27-5203(b)(13)
    Stable, privateXXXXXXX27-5203(b)(14)
    Swimming pool (as an accessory use)AAAAAAA27-5203(b)(15)
    Tourist home (as accessory to a dwelling)AAAAAAA27-5203(b)(17)
    Wind energy conversion system, small-scaleAAAAAAA27-5203(b)(16)
    1. (e)
      Accessory Use/Structure Table for Overlay Zones
    Table 27-5201(e): Accessory Use/Structure Table for Overlay Zones
    A blank cell means the use is allowed only if allowed in underlying base zone
    X = Prohibited, irrespective of treatment by underlying base zone
    SE* = Allowed only with approval of a Special Exception, irrespective of treatment by underlying base zone
    P* = Permitted by right, irrespective of treatment by underlying base zone
    Accessory Use/StructureCBCAO ZonesAPAO ZonesMIO (1)Use-Specific Standards
    RCOLDOIDOAPA-1APA-2APA-3SAPA-3MAPA-4APA-5APA-6APZCZHINA 
    Accessory building, increase in height             Refer to special exception standards
    Accessory structures and uses, except as otherwise provided              
    Agritourism             27-5203(b)(1)
    Automated teller machine (ATM) (as accessory to a nonresidential use)             27-5203(b)(2)
    Beekeeping              
    Bike share station              
    Car washing station, private             Refer to special exception standards
    Collocated telecommunications antenna              
    Composting, small-scale             27-5203(b)(3)
    Drive-through service             27-5203(b)(4)
    and refer to special exception standards
    Family child care home, large   XXXX X XXX27-5203(b)(18)
    Family child care home, small   XXXX X XXX27-5203(b)(18)
    Farm tenant dwelling (as accessory to an agriculture use)             27-5203(b)(5)
    Green roof              
    Guest house              
    Home occupation             27-5203(b)(6)
    Laundromat (as accessory to a multifamily dwelling, marina, or recreational campground)              
    Limited fuel/oil/bottled gas distribution           X 27-5203(b)(7)
    Medical cannabis grower and/or processor              
    Nursery and garden center (as accessory to an agricultural use)           X 27-5203(b)(8)
    Outdoor storage (as an accessory use)             27-5203(b)(9)
    Produce stand (as accessory to farm or community garden)           X 27-5203(b)(10)
    Recreational program, before- and after-school           X  
    Retail sales (as accessory to a manufacturing, warehouse, or wholesale use)           X 27-5203(b)(11)
    Retail sales (as accessory to a multifamily development)              
    Satellite dish antenna             27-5203(b)(12)
    Solar energy collection system, small-scale             27-5203(b)(13)
    Stable, private             27-5203(b)(14)
    Swimming pool (as an accessory use)          XXX27-5203(b)(15)
    Tourist home (as accessory to a dwelling)             27-5203(b)(17)
    Wind energy conversion system, small-scale             27-5203(b)(16)
     NOTES:
    1. (1)
      Section 27-4402(c)(4), Modified Use Standards for MIO Zone, contains additional standards for uses in the MIO Zone

    (CB-015-2024) 

    27-5202. General Standards for All Accessory Uses and Structures

  • (a)
    Permitting Requirements

    While exempt from the need to obtain a use and occupancy permit (except home occupation and before- and after-school recreational program), unless otherwise specified in this Ordinance, any accessory use or structure shall obtain any other applicable County, municipal, State, or Federal permits.

  • (b)
    Relationship to Principal Use or Structure
    1. (1)
      Except as otherwise expressly allowed in this Ordinance, an accessory use or structure shall not be established or constructed before the establishment or construction of the principal use or structure it serves.
    2. (2)
      If the principal use or structure served by the accessory use or structure is destroyed or removed, the accessory use or structure shall no longer be allowed.
  • (c)
    Location of Accessory Uses and Structures
    1. (1)
      Except as otherwise expressly allowed in this Ordinance, an accessory use or structure shall not be located within any platted or recorded easement or over any known utility, or in an area designated as a fire lane or emergency access route on an approved site plan.
    2. (2)
      No accessory structures shall be located within a perimeter buffer except a screening fence or wall in accordance with the Landscape Manual.
    3. (3)
      No accessory structure shall impede the access to or function of a vehicle use area.
    4. (4)
      Unless otherwise provided in Section 27-5203, Standards Specific to Accessory Uses and Structures:
      1. (A)
        No accessory structure shall be located in a required front yard or corner lot side yard
      2. (B)
        No accessory structure shall be located in the yard between the principal entrance of a dwelling and the street on a through lot;
      3. (C)
        Accessory structures located on corner lots or through lots shall comply with the same setbacks from all streets that apply to the main building; and
      4. (D)
        Accessory structures (including coops, runs, pens, hutches, and the like) used for housing or sale of animals or fowl shall be set back a minimum of 25 feet from side or rear lot lines and a minimum of 50 feet from any dwelling on an adjoining lot.
    5. (5)
      Unless otherwise provided in Section 27-5203, Standards Specific to Accessory Uses and Structures, accessory uses or structures may be located in a required side yard or rear yard, provided an accessory structure, other than a fence or wall, that is more than ten feet in height is set back from the nearest side or rear lot line one foot for every foot (or fraction thereof) the structure’s height exceeds ten feet.
    6. (6)
      Unless otherwise provided in Subparagraphs (4) or (5) above, or Section 27-5203, Standards Specific to Accessory Uses and Structures, accessory uses and structures shall comply with the minimum yard depth standards and structure height limits applicable in the zone where the structure is located.
  • (CB-068-2022; CB-015-2024) 

    27-5203. Standards Specific to Accessory Uses and Structures

  • (a)
    General
    1. (1)
      Standards for a specific accessory use or structure shall apply to the particular individual accessory use or structure regardless of the zone in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This Section sets forth and consolidates the standards for all accessory uses and structures for which a reference to this Section is provided in the "Use-Specific Standards" column of the accessory use/structure tables in Sections 27-5201(b), 27-5201(c), 27-5201(d), and 27-5201(e), and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Ordinance.
    2. (2)
      Unless otherwise specifically permitted, an accessory use in a residential dwelling in a Rural and Agricultural or Residential base zone shall be limited to twenty percent (20%) of the gross floor area of the dwelling.
  • (b)
    Standards for Specific Accessory Uses and Structures
    1. (1)
      Agritourism
      1. (A)
        No lodging or overnight stay shall be provided for picnics, equine facilities, party facilities, corporate retreats, or weddings.
      2. (B)
        Farm or ranch stays shall comply with the standards for a bed and breakfast (as accessory to a single-family detached dwelling) in Section 27-5102(e)(10)(A).
    2. (2)
      Automated Teller Machine (ATM) (as Accessory to a Nonresidential Use)
      1. (A)
        An ATM designed for walk-up use and located in the exterior wall of a building or a parking area shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking areas and building entrances, or vehicular movement in front of buildings or through parking areas.
      2. (B)
        If an ATM is designed for use by customers in their vehicles, it shall comply with the accessory use standards (including the zones where the use is permitted) in Section 27-5203(b)(4), Drive-Through Service.
    3. (3)
      Composting, Small-Scale
      1. (A)
        Composting storage shall be a minimum distance of twenty-five (25) feet from a residential building.
      2. (B)
        In-vessel storage of composting shall be used.
    4. (4)
      Drive-Through Service
      1. (A)
        The drive-through service facilities shall be designed in accordance with Section 27-6206(m), Vehicle Stacking Space.
      2. (B)
        The drive-through service facility shall be designed to avoid obstructions to pedestrian movement along sidewalks, through public use areas, or between parking spaces and building entrances.
      3. (C)
        The design of any roof or awning over the drive-through service facilities and lanes, including any supporting columns and brackets, shall match the design and exterior building materials of the principal building.
    5. (5)
      Farm Tenant Dwelling (as Accessory to an Agriculture Use)
      1. (A)
        The dwelling(s) or dormitory shall be owned by the owner of the farm property on which the building is located.
      2. (B)
        The dwelling(s) or dormitory shall be occupied only by tenants for whom income comes from work on the farm, and the tenants’ immediate family members.
      3. (C)
        The dwelling(s) or dormitory shall obtain all required building, health, safety, and other permits.
    6. (6)
      Home Occupation
      1. (A)
        All home occupations shall require the issuance of a use and occupancy permit (see Section 27-3608, Use and Occupancy Permit).
      2. (B)
        The business use shall be located within the dwelling unit, and the cumulative total of all home occupation that may be permitted shall not exceed 25 percent of the total floor area of the dwelling unit, or 5,000 square feet, whichever is less.
      3. (C)
        The principal person conducting the business use shall be a full-time resident of the dwelling, and there shall be no more than two employees who do not reside in the dwelling.
      4. (D)
        The business use shall not change the residential character or external appearance of the dwelling unit, its associated structures, or its principal residential use, nor shall there be any exterior evidence, other than a permitted sign, to indicate that the dwelling unit is used for other than residential purposes.
      5. (E)
        There shall be no outdoor display or storage of goods, equipment, or services associated with the business.
      6. (F)
        There shall be no retail sales of goods on the premises except of those goods incidental to the provision of a service by the business use (e.g., a hairdresser may sell shampoo).
      7. (G)
        The business shall not involve significantly greater volumes or frequencies of deliveries or shipments, vehicular traffic, or pedestrian traffic than normally expected in a residential area.
      8. (H)
        The business shall not result in adverse noise, vibration, odor, glare, fumes, or electrical or communications interference (including visual or audible interference with radio or television reception) that can be detected by the normal senses off the premises.
      9. (I)
        Off-street parking and loading requirements in Section 27-6300, Off-Street Parking and Loading, do not apply to home occupations. No more than two vehicles associated with the home occupation may be based at the subject property, or parked on-site or off-site or on a public street within 400 yards from the property. On request by the Department of Permitting, Inspections, and Enforcement, each dwelling unit resident shall provide for inspection the registrations for all vehicles owned or leased by the resident, titled in the business name, or listed as business personal property on the resident’s or the business’ income or property tax returns.
      10. (J)
        A home occupation that includes a dog daycare facility shall comply with the following standards:
      1.  
        1. (i)
          Be located on a parcel of land a minimum of one acre in area, on which a single-family detached dwelling is located;
        2. (ii)
          Not allow over 20 dogs at the facility at any one time;
        3. (iii)
          Locate outdoor areas where dogs will be allowed, a minimum of 35 feet from any property line;
        4. (iv)
          Limit the hours of operation daily from 6 a.m. to 8 p.m.;
        5. (v)
          The dogs may be groomed, trained, exercised and socialized, but not kept or boarded overnight, bred, sold, or let for hire;
        6. (vi)
          Sound mitigation walls, partitions, and floor/ceilings assemblies shall separate dog day care facilities from residential uses;
        7. (vii)
          Provide sight-obscuring fencing for all on-site outdoor recreation areas; the fence shall provide full containment for the dogs, and be deep enough and secured to the ground to prevent escape, and high enough to prevent dogs from jumping or climbing over; and
        8. (viii)
          The facility shall be subject to Subtitle 3: Animal Control, of the County Code.
    7. (7)
      Limited Fuel/Oil/Bottled Gas Distribution
      1. (A)
        Limited fuel/oil/bottled gas distribution is allowed as an accessory use to garden centers, convenience stores, consumer goods stores, combination retail stores, automobile service stations, recreational vehicle rental and service uses, industrial equipment sales and rental uses, and storage of petroleum products uses.
      2. (B)
        Any structure housing the fuel, oil, or bottled gas that is located on a sidewalk or other walkway shall be located to maintain at least five feet of clearance along the walkway for use by pedestrians.
      3. (C)
        Limited fuel/oil/bottled gas distribution as an accessory use is prohibited with 1,000 feet of an airport, and within the APA-1, -2, and -3S zones of the APAO Zone.
    8. (8)
      Nursery and Garden Center (as Accessory to an Agricultural Use)
      1. (i)
        The subject property shall contain at least 20 contiguous acres.
      2. (ii)
        The display and sale of nursery stock and garden supplies not grown or produced on the premises shall not exceed 21,000 square feet or 10 percent of the total display and sales area, whichever is less.
      3. (iii)
        The display, sale, or repair of motorized nursery or garden equipment is prohibited.
      4. (iv)
        All parking, loading, sales, and display areas shall be set back at least 25 feet from any street right-of-way and 150 feet from any adjoining residentially-zoned land or land containing or approved for a residential use.
      5. (v)
        A Type D bufferyard shall be provided between all sales, display, parking, loading, and storage areas and any adjoining residentially-zoned land or land containing or approved for a residential use, in accordance with the Landscape Manual.
    9. (9)
      Outdoor Storage (as an Accessory Use)
      1. (A)
        Within the Transit-Oriented/Activity Center base and PD zones, outdoor storage areas shall be located to the rear of the development’s principal building(s). In other zones, outdoor storage areas shall be located to the side or rear of the development’s principal structure(s).
      2. (B)
        Where an outdoor storage area stores goods intended for sale or resale, such goods shall be limited to those sold on the premise in conjunction with the principal use of the lot.
      3. (C)
        Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.
      4. (D)
        No materials shall be stored in areas intended for vehicular or pedestrian circulation.
      5. (E)
        Outdoor storage areas shall be enclosed with either a wall made of masonry material consistent with that of the primary building(s) on the lot, or a wood or vinyl fence (or a combination of such a masonry wall and metal fencing). The height of the wall or fence shall be sufficient to screen stored materials from view from public street rights-of-way, private streets, public sidewalks, and any adjoining residential development.
    10. (10)
      Produce Stand (as Accessory to a Farm or Community Garden)
      1. (A)
        A produce stand (as accessory to a farm or community garden) shall comply with the following standards:
      1.  
        1. (i)
          Produce stands shall not exceed 750 square feet in area and shall not be more than 15 feet in height.
        2. (ii)
          Produce stands shall be located on the lot where the farm or community garden is located.
        3. (iii)
          Produce stands shall be:
          1. (aa)
            Limited to the retail sale of vegetables and fruits grown on the farm or in the community garden;
          2. (bb)
            Designed to be compatible with associated buildings; and
          3. (cc)
            Situated so that adequate ingress, egress, and off-street parking areas are provided.
    11. (11)
      Retail Sales (as Accessory to a Manufacturing Warehouse, or Wholesale Use)
      1. (A)
        Retail sales areas shall not make up more than 15 percent of the gross floor area of the building, or 5,000 square feet, whichever is less.
    12. (12)
      Satellite Dish Antenna

      A satellite dish antenna is allowed as an accessory use or structure to any principal use or structure, subject to the following standards:

      1. (A)
        A satellite dish antenna that is one meter or less in diameter, located on property within the exclusive use or control of the antenna user, and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, is subject to the standards in this Subsection only to the extent that the standards do not unreasonably delay, prevent, or increase the cost of its installation, maintenance, or use or preclude reception of an acceptable quality signal.
      2. (B)
        Only one antenna is allowed to serve a residential dwelling unit. For all other uses, one or more antennas are allowed.
      3. (C)
        An antenna with a diameter greater than ten feet is allowed only as a special exception approved in accordance with Section 27-3604, Special Exception.
      4. (D)
        An antenna shall be located only in a rear or side yard, at least two feet from any rear or side lot line. On lots having no rear yard (through lots) and on corner lots where the designated front of the main building faces a side street, the rear and side yards, as used herein, shall mean the yards at the rear and side of the principal building, respectively.
      5. (E)
        An antenna shall be ground-mounted, except an antenna with a diameter of six feet four inches or less may be mounted on the roof of any building other than a single-family dwelling unit.
      6. (F)
        A ground-mounted antenna shall be screened from ground-level view from adjacent streets and parcels.
      7. (G)
        Antennas may be located within any required green area or in any required landscaped area except along a street.
    13. (13)
      Solar Energy Systems, Small-Scale
      1. (A)
        The facility may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground in accordance with the standards in Section 27-5202(c), Location of Accessory Uses and Structures.
      2. (B)
        The facility shall comply with the maximum height standards for the zone in which it is located, provided that a roof-mounted system shall not extend more than 15 feet above the roofline of the structure on which it is mounted.
      3. (C)
        Where an existing structure exceeds the applicable height limit, a solar energy system may be located on its roof irrespective of applicable height standards, provided the system extends no more than five feet above the roof surface.
      4. (D)
        The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the solar energy system, and for recording any such solar easement with the Land Records of Prince George’s County.
    14. (14)
      Stable, Private

      This accessory use shall be prohibited on lots having a net lot area of 20,000 square feet or less.

    15. (15)
      Swimming Pool (as an Accessory Use)
      1. (A)
        An outdoor swimming pool shall be enclosed by a fence at least six feet high (which may be met by a railing with a locking gate attached to an above-grade pool).
      2. (B)
        An outdoor swimming pool accessory to a single-family dwelling may be located in a required side or rear yard except that it shall be set back at least eight feet from the rear lot line and five feet from all side lot lines.
      3. (C)
        An outdoor swimming pool accessory to a use other than a single-family dwelling shall meet the minimum yard depth requirements for a principal building (not for accessory structures) and any applicable locational standards in Subsections (D) and (E) below.
      4. (D)
        An outdoor swimming pool accessory to a residential development or subdivision is subject to the following additional standards:
      1.  
        1. (i)
          The pool shall be for the sole use of the development’s or subdivision’s residents, and their guests.
        2. (ii)
          The pool (including the apron, filtering and pumping equipment, and buildings) shall be located at least:
          1. (aa)
            75 feet from adjoining land in a Rural and Agricultural or Residential base zone or land approved for a residential use on an approved Basic Plan for the LCD Zone or any approved detailed site plan;
          2. (bb)
            25 feet from adjoining land in a Nonresidential zone or adjoining land approved for a commercial or industrial use; and
          3. (cc)
            125 feet from an existing dwelling on adjoining land.
        3. (iii)
          The use of any public address or other loudspeaker system for an outdoor swimming pool shall be restricted to that necessary for safety purposes, and shall not be used for the playing of music or other entertainment.
      1. (E)
        In the RR Zone, an outdoor swimming pool accessory to a hotel or motel is subject to the following additional standards:
      1.  
        1. (i)
          The pool shall be for the sole use of hotel or motel guests.
        2. (ii)
          The subject property shall have an area of at least five acres.
        3. (iii)
          The subject property shall have frontage of at least 200 feet on, and vehicular access to, a street with a right-of-way width of at least 120 feet.
        4. (iv)
          If the subject property abuts land that is developed, or approved to be developed, for residential purposes, a substantial, sightly fence at least six feet high shall be constructed and maintained along that part of the property line abutting the residential land;
        5. (v)
          No building, structure, or parking area shall be located less than:
          1. (aa)
            50 feet from adjoining land in a Rural and Agricultural or Residential base zone or adjoining land approved for a residential use on an approved Basic Plan for the LCD Zone or any approved detailed site plan.
          2. (bb)
            25 feet from adjoining land in a Nonresidential zone or adjoining land approved for a commercial or industrial use;
          3. (cc)
            200 feet from an existing dwelling on adjoining land; and
          4. (dd)
            150 feet from any adjoining street or public right-of-way.
    16. (16)
      Wind Energy Conversion System, Small-Scale
      1. (A)
        Tower-mounted small-scale wind energy conversion systems shall not be located within a front yard.
      2. (B)
        A small-scale wind energy conversion system shall be set back a distance equal to its total extended height (e.g., if on a roof, roof height plus the height of any tower extending from the roof) plus five feet from all property lines, public street rights-of-way, and overhead utility lines. Guy wires and other support devices shall be set back at least five feet from all property lines.
      3. (C)
        The maximum height of a small-scale wind energy conversion system (including the tower and extended blades) shall be the maximum height allowed in the zone plus 60 feet.
      4. (D)
        Sound produced by the wind turbine under normal operating conditions, as measured at the property line abutting an existing residential use, shall not exceed 55 dBA at any time. The 55 dBA sound level, however, may be exceeded during short-term events that occur beyond the property owner’s control, such as utility outages and/or severe wind storms.
      5. (E)
        The wind turbine and tower shall be painted or finished in the color originally applied by the manufacturer, or a matte neutral color (e.g., gray, white) that blends into a range of sky colors, or a color consistent with that of the buildings on the site. Bright, luminescent, or neon colors are prohibited.
      6. (F)
        The blade tip or vane of any small-scale wind energy conversion system shall have a minimum ground clearance of 15 feet, as measured at the lowest point of the arc of the blades. No blades may extend over parking areas, public right of ways, driveways, or sidewalks.
      7. (G)
        No illumination of the turbine or tower shall be allowed unless required by the Federal Aviation Administration (FAA).
      8. (H)
        On a freestanding tower, any climbing foot pegs or rungs below 12 feet shall be removed to prevent unauthorized climbing unless the section of the pegs or rungs above 12 feet are enclosed in a locked cage. For lattice or guyed towers, sheets of metal or wood or similar barriers shall be fastened to the bottom tower section such that it cannot readily be climbed.
      9. (I)
        No wind generator, tower, building, or other structure associated with a small-scale wind energy conversion system shall include any signage visible from any public street other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification.
      10. (J)
        No small-scale wind energy conversion system intended to connect to the electric utility shall be installed until evidence has been provided to the County that the relevant electric utility company has been informed of the customer’s intent to install an interconnected customer-owned generator.
      11. (K)
        If use of the facility is discontinued for a continuous period of six months, the County shall deem it abandoned and provide the owner a written notice of abandonment stating that the owner has 90 days from the date of receipt of the notice to either resume use of the facility or file a notice of termination with the County. The owner shall remove the facility (including all towers, turbines, and above-ground structures and equipment) within 90 days after a notice of termination is filed.
    17. (17)
      Tourist home (as accessory to a dwelling)
      1. (A)
        The tourist home shall be an accessory use to a principal use as a dwelling, which principal Use is permitted (P) or allowable (A), subject to District Council approval of allowable uses in the approval of a PD Basic Plan and PD Conditions of Approval, in the Principal Use Tables;
      2. (B)
        The tourist home may be located in a principal building or an accessory building;
      3. (C)
        The tourist home shall be rented for no more than thirty (30) consecutive days and no more than a total of ninety (90) days, if not occupied by the owner or no more than one hundred eighty (180) days if occupied by the owner, over a single calendar year;
      4. (D)
        The number of occupants using the tourist home at any one time shall not exceed eight (8) guests at any one time and there shall not be more than three (3) guests per bedroom;
      5. (E)
        The owner of the property hosting the tourist home obtains and maintains the appropriate and required licenses from the Department of Permitting, Inspections, and Enforcements and other applicable license authorities; and
      6. (F)
        The owner of the property hosting the tourist home shall collect and remit all applicable taxes.
    18. (18)

      Family Child Care Home (Large or Small)

      1. (A)
        The family child care home shall comply with all applicable State regulations and be appropriately registered with the State prior to operation. 
  • (CB-015-2024) 

    27-5301. Designation of Temporary Uses and Structures

    The Temporary Use/Structure Tables in this Section use the following abbreviations to designate whether and how a temporary use or structure is allowed in a particular zone:

    A check ("✔") under a base zone column indicates that the use or structure is permitted as a temporary use or structure by right in the zone, subject to Section 27-5302, General Standards for All Temporary Uses and Structures, any referenced use-specific standards, and all other applicable regulations of this Ordinance. No Temporary Use Permit is required.
    TA "T" under a base zone column indicates that the use or structure is permitted as a temporary use or structure in the zone only on approval of a Temporary Use Permit in accordance with Section 27-3607, Temporary Use Permit, subject to Section 27-5302, General Standards for All Temporary Uses and Structures, any referenced use-specific standards, and all other applicable regulations of this Ordinance.
    AAn "A" under a Planned Development (PD) zone column indicates that the use or structure is permitted as a temporary use or structure in the zone, subject to Section 27-5302, General Standards for All Temporary Uses and Structures, any referenced use-specific standards, and all other applicable regulations of this Ordinance—unless the PD Basic Plan/PD Conditions of Approval approved for the zone expressly identifies the use or structure as prohibited.
    XAn "X" under a base or Planned Development (PD) zone column indicates that the use or structure is prohibited as a temporary use or structure in the zone.
    XAn "X" under an overlay zone column indicates that the use or structure is prohibited as a temporary use or structure in the overlay zone (in which prohibitions of uses allowed by the underlying zone is an exception), irrespective of whether it is allowed by the underlying zone.
     A blank cell in an overlay zone column means that the use or structure is permitted if also permitted in the underlying base zone.

    All uses not listed are prohibited.

    1.  
      1. (1)
        Reference to Use-Specific Standards

        A particular use or structure allowable as a temporary use or structure in a zone may be subject to additional standards that are specific to the particular temporary use or structure. The applicability of such use-specific standards is noted in the last column of the Temporary Use/Structure Tables ("Use-Specific Standards") through a reference to standards in Section 27-5303(b), Standards for Specific Temporary Uses and Structures.

    1. (b)
      Temporary Use/Structure Table for Rural and Agricultural, and Residential Base Zones
    Table 27-5301(b): Temporary Use/Structure Table for Rural and Agricultural, and Residential Base Zones
    ✔ = Allowed without a Temporary Use Permit  T = Allowed only with a Temporary Use Permit  X = Prohibited
    Temporary Use/StructureRural and Agricultural Base ZonesResidential Base ZonesUse-Specific Standards
    ROSAGARRERRRSF‐95RSF‐65RSF‐ARMF‐12RMF‐20RMF‐48
    Circus, carnival, fair, or other special eventXXXXXXXXTTT27-5303(b)(1)
    Construction-related office/yardTTTTTTTTTTT27-5303(b)(2)
    Farmers’ market (as a temporary use)TTTTTTTTTTT27-5303(b)(3)
    Firewood display and salesTTTTTTTTTTT27-5303(b)(4)
    Flea marketXXXXXXXX27-5303(b)(5)
    Food truck hubTTTTTTTTTTT 
    Garage or yard sale 
    Manufactured home as emergency housingTTTTTTTTTTT27-5303(b)(6)
    Modular classroomTTTTTTTTTTT27-5303(b)(7)
    Parking facility, temporaryXTTTTXXXXXX27-5303(b)(8)
    Seasonal decorations display and salesTTTTTTTTTTT27-5303(b)(9)
    Temporary portable storage unit27-5303(b)(10)
    Temporary real estate sales office/modelTTTTTTTTTTT27-5303(b)(11)
    Temporary recyclables collectionTTTTTTTTTTT27-5303(b)(12)
    Temporary sawmillXXXXXXXXX27-5303(b)(13)
    Temporary shelter for commercial displays, sales, and servicesXXXXXXXXTTT27-5303(b)(14)
    Transient manufactured home or recreational vehicle residenceXXX27-5303(b)(15)
    Wayside standTTTTTTTTTTT27-5303(b)(16)
    1. (c)
      Temporary Use/Structure Table for Nonresidential, Transit-Oriented/Activity Center, and Other Base Zones
    Table 27-5301(c): Temporary Use/Structure Table for Nonresidential, Transit-Oriented/Activity Center, and Other Base Zones
    ✔ = Allowed without a Temporary Use Permit  T = Allowed only with a Temporary Use Permit  X = Prohibited
    Temporary Use/StructureNonresidential Base ZonesTransit-Oriented/Activity Center Base ZonesOther Base ZonesUse-Specific Standards
    NACTACLTORTO-LRTO-H
    CNCGOCSIEIHCoreEdgeCoreEdgeCoreEdgeCoreEdgeRMH
    Circus, carnival, fair, or other special eventTTTTTTTTTTTTTTT27-5303(b)(1)
    Construction-related office/yardTTTTTTTTTTTTTTT27-5303(b)(2)
    Farmers’ market (as a temporary use)TTTTTTTTTTTTTTT27-5303(b)(3)
    Firewood display and salesTTTTTTTTTTTTTTT27-5303(b)(4)
    Flea marketXXX27-5303(b)(5)
    Food truck hubTTTTTTTTTTTTTTT 
    Garage or yard saleXX 
    Manufactured home as emergency housingTTTTTTTTTTTTTTT27-5303(b)(6)
    Modular classroomTTTTTTTTTTTTTTT27-5303(b)(7)
    Parking facility, temporaryXTTTXTXTXTX27-5303(b)(8)
    Seasonal decorations display and salesTTTTTTTTTTTTTTT27-5303(b)(8)
    Temporary portable storage unit27-5303(b)(10)
    Temporary real estate sales office/modelTTTTTTTTTTTTTTT27-5303(b)(11)
    Temporary recyclables collectionTTTTTTTTTTTTTTT27-5303(b)(12)
    Temporary sawmillXXXXXXXXXXXXXX27-5303(b)(13)
    Temporary shelter for commercial displays, sales, and servicesTTTTTTTTTTTTTTT27-5303(b)(14)
    Transient manufactured home or recreational vehicle residenceXXXXXXXXXXXXXXX27-5303(b)(15)
    Wayside standTTTTTTTTTTTTTTT27-5303(b)(16)
    1. (d)
      Temporary Use/Structure Table for Planned Development Zones
    Table 27-5301(d): Temporary Use/Structure Table for Planned Development Zones
    A = Allowable X = Prohibited
    Temporary Use/StructureR-PDNAC-PDTAC-PDLTO-PDRTO-PDMU-PDIE-PDUse-Specific Standards
    Circus, carnival, fair, or other special eventAAAAAAA27-5303(b)(1)
    Construction-related office/yardAAAAAAA27-5303(b)(2)
    Farmers’ market (as a temporary use)AAAAAAA27-5303(b)(3)
    Firewood display and salesAAAAAAA27-5303(b)(4)
    Flea marketXAAAAAX27-5303(b)(5)
    Food truck hubAAAAAAA 
    Garage or yard saleAAAAAAA 
    Manufactured home as emergency housingAAAAAAA27-5303(b)(6)
    Modular classroomAAAAAAA27-5303(b)(7)
    Parking facility, temporaryXAAXXXA27-5303(b)(8)
    Seasonal decorations display and salesAAAAAAA27-5303(b)(8)
    Temporary portable storage unitAAAAAAA27-5303(b)(10)
    Temporary real estate sales office/modelAAAAAAA27-5303(b)(11)
    Temporary recyclables collectionAAAAAAA27-5303(b)(12)
    Temporary sawmillXXXXXXX27-5303(b)(13)
    Temporary shelter for commercial displays, sales, and servicesAAAAAAA27-5303(b)(14)
    Transient manufactured home or recreational vehicle residenceXXXXXXX27-5303(b)(15)
    Wayside standAAAAAAA27-5303(b)(16)
    1. (e)
      Temporary Use/Structure Table for Overlay Zones
    Table 27-5301(e): Temporary Use/Structure Table for Overlay Zones
    A blank cell means the use is allowed only if allowed in underlying base zone
    X = Prohibited, irrespective of treatment by underlying base zone
    Temporary Use/StructureCBCAO ZonesAPAO ZonesMIO Zones (1)Use-Specific Standards
    RCOLDOIDOAPA-1APA-2APA-3SAPA-3MAPA-4APA-5APA-6APZCZHINA
    Circus, carnival, fair, or other special event          XXX27-5303(b)(1)
    Construction-related office/yard             27-5303(b)(2)
    Farmers’ market (as a temporary use)           X 27-5303(b)(3)
    Firewood display and sales           X 27-5303(b)(4)
    Flea market           X 27-5303(b)(5)
    Food truck hub              
    Garage or yard sale           X  
    Manufactured home as emergency housing             27-5303(b)(6)
    Modular classroom          XXX27-5303(b)(7)
    Parking facility, temporary             27-5303(b)(8)
    Seasonal decorations display and sales           X 27-5303(b)(8)
    Temporary portable storage unit             27-5303(b)(10)
    Temporary real estate sales office/model             27-5303(b)(11)
    Temporary recyclables collection             27-5303(b)(12)
    Temporary sawmill             27-5303(b)(13)
    Temporary shelter for commercial displays, sales, and services             27-5303(b)(14)
    Transient manufactured home or recreational vehicle residence             27-5303(b)(15)
    Wayside stand           X 27-5303(b)(16)
     NOTES:
    1. (1)
      Section 27-4402(c)(4), Modified Use Standards for MIO Zone, contains additional standards for uses in the MIO Zone.

    27-5302. General Standards for All Temporary Uses and Structures

    Unless otherwise specified in this Ordinance, any temporary use or structure shall:

    1. (a)
      Obtain any other applicable County, municipal, State, or Federal permits;
    2. (b)
      Not involve the retail sales or display of goods, products, or services within a public right-of-way, except as part of a County- or municipal-authorized event;
    3. (c)
      Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare;
    4. (d)
      Be compatible with the principal uses taking place on the site;
    5. (e)
      Not have adverse health, safety, noise, or nuisance impacts on any adjoining permanent uses or nearby residential neighborhoods;
    6. (f)
      Not include permanent alterations to the site;
    7. (g)
      Comply with temporary signage standards in Section 27-61500, Signage.
    8. (h)
      Remove temporary signs associated with the temporary use or structure after the activity ends;
    9. (i)
      Not violate the applicable conditions of approval that apply to a site or a use on the site;
    10. (j)
      Not interfere with the normal operations of any permanent use located on the property; and
    11. (k)
      Be located on a site containing sufficient land area to allow the temporary use, structure, or special event to occur and accommodate associated pedestrian, parking, and traffic movement without disturbing environmentally sensitive lands.

    27-5303. Standards Specific to Temporary Uses and Structures

  • (a)
    General

    Standards for a specific temporary use or structure shall apply to the particular individual temporary use or structure regardless of the zone in which it is located or the review procedure by which it is approved, unless otherwise specified in this Ordinance. This Section sets forth and consolidates the standards for all temporary uses and structures for which a reference to this Section is provided in the "Use-Specific Standards" column of the temporary use/structure tables in Sections 27-5301(b), 27-5301(c), 27-5301(d), and 27-5301(e), and in the same order as they are listed in the table. These standards may be modified by other applicable standards or requirements in this Ordinance.

  • (b)
    Standards for Specific Temporary Uses and Structures
    1. (1)
      Circus, Carnival, Fair, or Other Special Event
      1. (A)
        The event shall be for no more than 17 days.
      2. (B)
        Except in a Nonresidential zone, the use shall be located only on a parking lot.
      3. (C)
        The event shall be located at least 250 feet from any dwelling on adjoining land.
      4. (D)
        The Fire and Emergency Medical Services Department and Police Department, or where applicable, the affected municipal Police Department, shall have determined that the site is accessible for public safety vehicles and equipment.
      5. (E)
        The Department of Permitting, Inspections and Enforcement shall have determined that any existing or proposed permanent or temporary structures comply with applicable regulation of the Building Code.
      6. (F)
        Adequate restroom facilities shall be provided.
      7. (G)
        Owners of adjoining properties shall be notified of the proposed event before its approval.
    2. (2)
      Construction-Related Office/Yard
      1. (A)
        A Temporary Use Permit for the use shall be issued only when actual construction on or in the immediate vicinity of the development site necessitates the construction-related office/yard. The permit shall be initially valid for no more than three years. The DPIE Director may grant written extensions of this time period for up to three years per extension provided, however, that the permit shall remain valid no longer than the time required for the construction.
      2. (B)
        Adequate measures shall be taken to ensure that the use will not adversely affect the health, safety, and welfare of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
      3. (C)
        No item stored or assembled on the subject property shall be sold on the property.
    3. (3)
      Farmers’ Market (as a temporary use)
      1. (A)
        The market shall operate only with written permission from the owner of the property on which it is located.
      2. (B)
        A farmers’ market shall operate for no more than 106 calendar days in any one calendar year.
      3. (C)
        A farmers’ market shall be open only during the times identified in the Temporary Use Permit.
      4. (D)
        Except as provided in Subsection (E) below, a farmer’s market shall only be located on the open area or parking lot of private or publicly owned property.
      5. (E)
        The market may operate inside a public or privately owned building during the months of December through March for a period not to exceed a total of 30 days.
      6. (F)
        The market shall provide adequate ingress, egress, and off-street parking areas. Vehicular access to the subject property shall not be by means of streets internal to subdivisions for single-family detached dwellings.
      7. (G)
        Market sales shall be limited to the retail sale of agriculture, aquaculture, and horticulture products produced by the vendors; foods prepared by the vendor, and incidental sales of crafts or similar home-made products made by the vendors.
      8. (H)
        Items for sale shall not be displayed or stored within customer pathways.
      9. (I)
        The market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.
      10. (J)
        The market shall have a manager authorized to direct the operations of all participating vendors during all hours of operation.
      11. (K)
        A farmer’s market vendor which cooks food on-site utilizing a propane or other heated cooking surface must:
      1.  
        1. (i)
          Secure a current year proof of review from the Fire/EMS Department for a NFPA-701; and
        2. (ii)
          Secure a current year proof of review from the Fire/EMS Department for propane gas, if used. Current year proof of review must be displayed at all markets where vendor is cooking food on-site.
      1. (L)
        Vendors that do not use heating sources or open flame or cook food on-site at the Farmer's Market are not required to have a NFPA-701-compliant tent. Such vendors must be located a minimum of ten (10) feet from vendors utilizing a heated cooking surface.
      2. (M)
        Market managers are responsible for ensuring that tents at a farmer's market are weighted with at least 24 pounds anchoring each leg of the tent.
      3. (N)
        Third party electrical or structural inspections are required for farmer's market vendors if generators are used that are required to be grounded per manufacturing specifications or if other temporary structures other than tents (i.e. stages and platforms) are used at the market or if an individual tent is larger than 400 square feet.
    4. (4)
      Firewood Display and Sales
      1. (A)
        The Temporary Use Permit shall be valid for no more than four months in any 12-month period and shall not be renewable.
      2. (B)
        The firewood shall be neatly stacked, and the property shall be kept clean and free from debris.
      3. (C)
        The immediate area within which firewood is displayed or sold shall not be enclosed.
      4. (D)
        In any Rural and Agricultural or Residential base zone or land approved for a residential use on an approved Basic Plan for the LCD Zone or any approved detailed site plan, the sales area shall be located at least 25 feet from any street line.
      5. (E)
        No power-driven log cutting or splitting devices shall be used in connection with the use.
      6. (F)
        In any Nonresidential zone or land approved for commercial or industrial use, the sales area shall be located at least ten feet from any street line, and shall not encroach upon any required landscaped area.
    5. (5)
      Flea Market
      1. (A)
        The market shall operate only with written permission from the owner of the property on which it is located.
      2. (B)
        The market shall operate for no more than 106 days in any one calendar year.
      3. (C)
        The market shall be open only during daylight hours.
      4. (D)
        The flea market shall only be located on the open area or parking lot of property owned by a public agency or a non-profit organization.
      5. (E)
        Stalls, sales tables, and any other facilities related to the flea market shall be located at least 25 feet from any adjoining street. If located within a parking lot, the facilities shall be located so as to provide sufficient parking facilities for the patrons.
      6. (F)
        Market sales shall be limited to the retail sale of merchandise, collectibles, crafts, antiques, and other items, excluding automobiles, automobile parts, and nonportable household appliances.
      7. (G)
        Items for sale shall not be displayed or stored within customer pathways.
      8. (H)
        The market shall have an established set of operating rules addressing the governance structure of the market, hours of operation, and maintenance and security requirements and responsibilities.
      9. (I)
        The market shall have a manager authorized to direct the operations of all participating vendors during all hours of operation.
    6. (6)
      Manufactured Home as Emergency Housing
      1. (A)
        The manufactured home shall be used only as a dwelling in times of emergency due to calamity.
      2. (B)
        The use shall be certified by the County agency responsible for providing emergency housing.
      3. (C)
        All requirements for lot coverage, building lines, frontages, yards, height limitations, and off-street parking in the zone in which the manufactured home is located shall be met.
      4. (D)
        The Temporary Use Permit shall be issued for no more than two years and shall not be renewable.
    7. (7)
      Modular Classroom
      1. (A)
        One modular classroom, not exceeding 700 square feet of gross floor area, may be located on the premises of the school whose students are receiving instruction under Title 1.
      2. (B)
        The Temporary Use Permit shall initially be valid for no more than three years. The DPIE Director may grant written extensions of this time period for up to two years per extension. The modular classroom shall be removed from the premises upon the earlier of:
      1.  
        1. (i)
          The expiration of the permit; or
        2. (ii)
          The cessation of the educational services provided under Title 1 for a period exceeding 100 consecutive days.
      1. (C)
        The modular classroom shall not be located in a front yard and its installation shall not cause the removal of any existing trees.
      2. (D)
        The modular classroom shall be set back at least 25 feet from adjoining land in any Rural and Agricultural or Residential base zone or land approved for a residential use on an approved Basic Plan for the LCD Zone or any approved detailed site plan.
    8. (8)
      Parking Facility, Temporary
      1. (A)
        Temporary parking may be permitted for a period of time not to exceed thirty (30) calendar days.
      2. (B)
        Overnight parking of motor vehicles shall not be permitted.
    9. (9)
      Seasonal Decorations Display and Sales
      1. (A)
        A Temporary Use Permit shall be valid for no more than 3 months.
      2. (B)
        Except for bona fide nonprofit groups or organizations, in any Rural and Agricultural or Residential base zone or land approved for a residential use on an approved Basic Plan for the LCD Zone or any approved detailed site plan, the display/sales area shall be located at least 25 feet from an existing street line and from any adjacent lot lines.
      3. (C)
        Adequate measures shall be taken to ensure that the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
    10. (10)
      Temporary Portable Storage Unit

      Temporary storage in a portable storage unit may be permitted to serve an existing use on the same lot, subject to the following standards:

      1. (A)
        No more than one storage unit per dwelling unit shall be located on a lot.
      2. (B)
        A unit shall be no more than 8 feet wide, 16 feet long, and 8 feet high.
      3. (C)
        No unit shall be placed on a lot for more than 30 consecutive days, or for more than 60 days within any calendar year.
      4. (D)
        In no case may a unit be placed in the front yard, in any front parking lot of a commercial use, or in fire lanes, passenger loading zones, or commercial loading areas without the proper permit.
      5. (E)
        The owner and operator of the lot containing a portable storage unit shall ensure that the unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks. The unit shall be kept locked when not being loaded or unloaded.
      6. (F)
        The owner and operator of the lot containing a portable storage unit shall ensure that no hazardous substances are stored within the unit.
    11. (11)
      Temporary Real Estate Sales Office/Model

      A model home or other building, or unit thereof, located on the site of new development is allowed to be temporarily used for sales or leasing associated with the development, subject to the following standards:

      1. (A)
        A Temporary Use Permit for the use shall be issued only when actual construction on or in the immediate vicinity of the development site necessitates the sales office/model. The permit shall be initially valid for no more than three years. The DPIE Director may grant written extensions of this time period for up to three years per extension provided, however, the permit shall remain valid no longer than the time required for the construction.
      2. (B)
        Adequate measures shall be taken to ensure the use will not adversely affect the health and safety of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
      3. (C)
        There shall be no more than one such office per builder in the development.
      4. (D)
        The sales office shall be located on a lot or building site approved as part of the development, or within a building approved as part of the development.
      5. (E)
        The building used as or containing a sales office shall comply with all building setbacks and other development requirements.
      6. (F)
        The building shall be aesthetically compatible with the character of the community and surrounding area in terms of exterior color, predominant exterior materials, and landscaping.
      7. (G)
        At least one parking space shall be provided for every 300 square feet of gross floor area devoted to the sales office use. Accessible parking for persons with physical disabilities is required.
      8. (H)
        On termination of the temporary real estate sales/leasing use, the building or unit shall be converted to a permanent permitted use or removed.
    12. (12)
      Temporary Recyclables Collection
      1. (A)
        The Temporary Use Permit shall be valid for no more than three years. The DPIE Director may grant written requests for extension of this time period for three years per extension, provided the use continues in accordance with any approved conditions.
      2. (B)
        The use shall be limited to collection and removal at regular intervals. It shall not include long-term or bulk storage and shall be limited to a maximum area of 25,000 square feet.
    13. (13)
      Temporary Sawmill
      1. (A)
        No machinery shall be located less than 50 feet from any boundary of the subject property and all machinery shall be secured against unauthorized use.
      2. (B)
        After the removal and cutting of timber, all debris and sawdust piles shall be removed, and the premises shall be left in a sightly condition.
    14. (14)
      Temporary Shelter for Commercial Displays, Sales, and Services
      1. (A)
        Promotional displays or sales, income tax consultant’s offices, carload sales of products, sidewalk sales, and demonstration of products in a parking lot may be allowed in a trailer or tent, provided the Temporary Use Permit shall be valid for no more than three consecutive months.
    15. (15)
      Transient Manufactured Home or Recreational Vehicle Residence
      1. (A)
        The manufactured home or recreational vehicle shall be located on a lot with an area of at least five acres.
      2. (B)
        The principal use of the lot shall be an activity for which the County levies an amusement tax, and the occupants of the manufactured home or recreational vehicle shall be employed in connection, or otherwise reasonably associated, with the activity.
      3. (C)
        The Temporary Use Permit shall be valid for no more than 120 cumulative days per any one year, except that a permit for a manufactured home or recreational vehicle used in connection with a pari-mutuel racetrack shall be valid for no more than 218 cumulative days per calendar year.
    16. (16)
      Wayside Stand
      1. (A)
        The stand shall be used only for the sale of agricultural products grown or produced on the premises and the incidental sale of agricultural products not grown or produced on the premises.
      2. (B)
        The Temporary Use Permit shall be valid for no more than two years. The DPIE Director may grant written requests to extend this time period for up to two years per extension.
      3. (C)
        Adequate measures shall be taken to ensure that the use will not adversely affect the health, safety, and welfare of residents or workers in the area, and will not be detrimental to the use or development of adjacent properties or the general neighborhood.
  • 27-5401. General

  • (a)
    Required Findings

    In addition to the required findings for the approval of a special exception specified in Section 27-3604(e), Required Findings, all special exception applications shall comply with Subsections (b) and (c), below, and all regulations applicable to the proposed use(s) as specified in Section 27-5402, Additional Requirements for Specific Special Exception Uses.

  • (b)
    Setbacks

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

  • (c)
    Landscaping, Buffering, and Screening
    1. (1)
      All landscaping required for a special exception, including any amendments to landscaping, buffering, and screening requirements which may be proposed by the applicant, shall be approved at the same time the special exception is approved. A special exception shall comply with the Landscape Manual through the approval of a landscape plan. The District Council may require additional landscaping, screening, or buffering if it determines that the amount required by the Landscape Manual is insufficient to adequately protect adjacent uses.
    2. (2)
      Amendments to landscaping, buffering, and screening required in an approved special exception shall be made in accordance with Section 27-3604(i), Changes to Approved Special Exceptions: Minor Changes.
  • 27-5402. Additional Requirements for Specific Special Exception Uses

  • (a)
    Abrasives and Asbestos Products Manufacturing
    1. (1)
      The manufacturing of abrasives and asbestos products may be permitted subject to the following:
      1. (A)
        All operations shall be confined to the interior of a wholly enclosed building;
      2. (B)
        There shall be no outside storage of raw materials or finished products; and
      3. (C)
        An impact statement shall be submitted explaining:
      1.  
        1. (i)
          The scope of the operation;
        2. (ii)
          The provisions proposed for the safety of workers;
        3. (iii)
          The pollution control measures to be taken; and
        4. (iv)
          The compatibility of the use with the surrounding area.
  • (b)
    Accessory Building, Increase in Height
    1. (1)
      In the AG, AR, RE, RR, RSF-95, RSF-65, and RSF-A zones, the height of an accessory building may be increased to provide living quarters on the second story for household help employed on the premises, subject to the following:
      1. (A)
        The additional height and purpose for which it is to be used are reasonably necessary for the convenience of the family occupying the main building; and
      2. (B)
        The increase is to not more than two (2) stories but not more than twenty-five (25) feet.
    2. (2)
      In the AG, AR, RE, and RR zones, the height of accessory building used for bona fide agricultural purposes may be increased to forty (40) feet.
    3. (3)
      In the RMF-20 and RMF-48 zones, the height of an accessory building located within a multifamily project and used as an office in connection with the multifamily project may be increased, provided that:
      1. (A)
        The additional height is necessary;
      2. (B)
        The additional height is solely used in connection with the multifamily project; and
      3. (C)
        The increase is to not more than two (2) stories but not more than twenty-five (25) feet.
  • (c)
    Adaptive Reuse of Surplus Public School
    1. (1)
      The adaptive reuse of a surplus public school may be permitted, subject to the following:
      1. (A)
        The proposed use is not already allowed in the zone;
      2. (B)
        The use is not prohibited in all zones;
      3. (C)
        During the processing of the special exception application, an existing public school building is located on the subject property, which has been, or will be, conveyed by the Board of Education to Prince George's County, Maryland, and declared surplus. The property included with the building may be all or a part of the original school site;
      4. (D)
        The requirements for the location, size, and lot coverage of all structures, density, and green area which are specified for the zone in which the use is proposed shall not apply to existing structures or additions to existing buildings. The dimensions, percentages, and density shown on the approved site plan shall constitute the regulations for development under a given special exception;
      5. (E)
        One (1) freestanding building may be constructed on the subject property, provided a special exception for the new building's use is also made part of the special exception for the adaptive reuse of the existing public school building. The requirements as to height and setbacks that are specified for the zone in which the new building is proposed shall apply to the new freestanding building;
      6. (F)
        Off-street parking lots and loading areas shall be provided in accordance with the provisions of Section 27-6300, Off-Street Parking and Loading, applicable to the specific uses proposed and with the Landscape Manual;
      7. (G)
        Business signs for commercial or industrial uses shall be permitted in accordance with the provisions of Section 27-61507(e), Construction Sign, applicable to Nonresidential zones. The location of any freestanding business sign shall be shown on the site plan;
      8. (H)
        An impact statement shall be submitted explaining:
      1.  
        1. (i)
          The nature and scope of the use proposed;
        2. (ii)
          The hours of operation of any proposed nonresidential use;
        3. (iii)
          The type and amount of traffic expected to be generated; and
        4. (iv)
          The measures to be taken to assure compatibility with the surrounding area, particularly with regard to abutting properties;
      1. (I)
        It shall be demonstrated to the satisfaction of the District Council that:
      1.  
        1. (i)
          The proposed use is compatible with existing and planned development on adjacent properties and within the neighborhood, and, when more than one (1) use is proposed, with each other;
        2. (ii)
          Vehicular access to the subject property is appropriate and adequate, given the nature and scope of the proposed use and the type and amount of traffic expected to be generated; and
        3. (iii)
          Any proposed residential use of the subject property will be buffered in accordance with the Landscape Manual.
  • (d)
    Adaptive Use of a Historic Site
    1. (1)
      For the purposes of this Section, the adaptive use of a Historic Site is defined as the adaptation of a building designated as a Historic Site in the Approved Historic Sites and Districts Plan for a use not allowed within the existing zone in order to encourage the preservation of buildings important to Prince George's County heritage or which have distinctive architectural and environmental characteristics.
    2. (2)
      Use of Historic Sites under the provisions of this Section are limited to:
      1. (A)
        Single-family, two-family, three-family, or multifamily dwellings; or
      2. (B)
        Uses in the Office Uses or Retail Sales and Service Uses Principal Use Categories; and
      3. (C)
        The proposed use is not a use prohibited in all zones.
    3. (3)
      The approved special exception site plan for the adaptive use shall be controlling with regard to net lot area, lot coverage, green area, lot frontage, yards, building height, distance between buildings, and location, height, and use of accessory buildings.
    4. (4)
      All proposals for the adaptive use of a Historic Site shall comply with the standards listed below.
      1. (A)
        Lighting
      1.  
        1. (i)
          Lighting shall be subdued, consistent with the nature of the historic resource, and shall not shine or glare off the premises. Low-intensity seasonal or decorative lighting is permitted.
      1. (B)
        Parking and Surfacing
      1.  
        1. (i)
          The design of parking lots shall minimize, to the extent practicable, the impact of the parking needs associated with the proposed adaptive use on the environmental setting and the surrounding neighborhood.
        2. (ii)
          Where deemed appropriate by the District Council, innovative paving techniques, such as dust-free, pervious surfaces, unusual textures, and configurations that minimize paved surfaces, may be required.
    5. (5)
      Upon filing the special exception application, the applicant shall submit the following information:
      1. (A)
        Evidence of Historic Preservation Commission approval of an established environmental setting for the proposed adaptive use;
      2. (B)
        A written justification statement, including:
      1.  
        1. (i)
          The nature and scope of the use proposed;
        2. (ii)
          The hours of operation; and
        3. (iii)
          The impact of traffic generated by the proposed use on local roadways, including the type, amount, and distribution of anticipated traffic, as well as the adequacy of proposed access points to the site, existing levels of service on surrounding roadways, and the peak hour service level at the nearest major intersection below the minimum adopted by the Planning Board in the Transportation Review Guidelines, as may be amended from time to time;
      1. (C)
        In addition to the site plan requirements in Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show the following:
      1.  
        1. (i)
          A delineation by metes and bounds of the established environmental setting; and
        2. (ii)
          The topography of the subject property and abutting lots (for a depth of at least fifty (50) feet).
    6. (6)
      The applicant shall demonstrate to the satisfaction of the District Council that:
      1. (A)
        Any proposed multiple uses within the historic structure are compatible with each other;
      2. (B)
        The proposed adaptive use will not change the existing character of the surrounding community by virtue of noise, lighting, unsightliness, parking, signs, traffic, or other impacts; and
      3. (C)
        The proposed adaptive use will not adversely affect distinguishing exterior architectural features or important natural features in the established environmental setting.
  • (e)
    Adult Day Care Center
    1. (1)
      An adult day care center may be permitted, subject to the following:
      1. (A)
        The subject property shall be suitable for the type of facility proposed, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property;
      2. (B)
        The subject property shall be of sufficient size to accommodate a facility of the scope proposed;
      3. (C)
        Vehicular access to the subject property shall be adequate, taking into account the scope of the facility, the type and amount of traffic expected to be generated, and the type, service level, and capacity of the streets along which the subject property has frontage; and
      4. (D)
        A statement shall be submitted explaining:
      1.  
        1. (i)
          The policies and goals of the center;
        2. (ii)
          The characteristics and number of occupants to be served;
        3. (iii)
          The type of care and activities proposed;
        4. (iv)
          Operating methods and procedures proposed;
        5. (v)
          The type and amount of traffic expected to be generated; and
        6. (vi)
          Other appropriate aspects of the center's operation.
  • (f)
    Airfield, Airpark, Airport, or Airstrip
    1. (1)
      A airfield, airport, airpark, airstrip, or similarly designed area for the landing and taking off of aircraft may be permitted, subject to the following:
      1. (A)
        The land area proposed for the use shall be sufficient to meet the Federal Aviation Administration's requirements for the class of facility proposed;
      2. (B)
        There are no existing or proposed flight obstructions which are located outside the proposed facility and which fall within the approach zone to any of the proposed runways or landing strips;
      3. (C)
        If air rights or easements have been acquired from the owners of adjacent properties in which approach zones fall, satisfactory evidence of them shall be submitted with the application;
      4. (D)
        Structures shall be located at least one hundred (100) feet from any boundary line of the subject property;
      5. (E)
        An airstrip shall contain no terminal, storage, or repair/service facilities; and
      6. (F)
        An airport applicant shall demonstrate that the airport will not create conflicts on adjacent properties, pursuant to the Aviation Policy Area regulations in Section 27-4402(b), Aviation Policy Area Overlay (APAO) Zones.
    2. (2)
      In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show the location and height of all structures, trees, and overhead wires located within airport approach surfaces, as defined in Federal Aviation Regulations Part 77. The site plan shall also show such things as the proposed topography, grading, drainage, and water and sewerage facilities.
  • (g)
    Amusement Park
    1. (1)
      An amusement park may be permitted, subject to the following:
      1. (A)
        The subject property shall contain at least twenty-five (25) contiguous acres;
      2. (B)
        The applicant shall submit a traffic analysis indicating the anticipated traffic expected to be generated by the project, and its impact upon external streets and the on-site network of driveways. The site shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the expected traffic. If the street is not yet built, it shall be funded for completion prior to the issuance of any use and occupancy permits. The on-site network of driveways shall be of sufficient capacity to accommodate the traffic generated by the project;
      3. (C)
        Any parking lot, or place or structure used for exhibition, educational, entertainment, dining, recreational, or other purposes involving patron assembly, and any maintenance or service building shall be located at least one hundred (100) feet from any boundary line of the subject property, unless the District Council finds that these setbacks are unnecessary due to conditions in the area. If the place or structure is located within two hundred (200) feet of land in a Rural and Agricultural or Residential Zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan, there shall be no public entrance to it from the side facing the residential land;
      4. (D)
        All perimeter areas of the site shall be buffered in accordance with the provisions of the Landscape Manual, and the applicant shall demonstrate that the proposed buffering will provide reasonable sight and sound barriers for all adjacent uses. If the buffers required by the Landscape Manual are determined to be inadequate, additional buffering may be required.
      5. (E)
        At least fifty percent (50%) of the site shall be devoted to open space;
      6. (F)
        In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall set forth:
      1.  
        1. (i)
          The proposed topography at not more than five (5) foot contour intervals;
        2. (ii)
          Existing and proposed drainage patterns;
        3. (iii)
          Existing vegetative cover and other natural features; and
        4. (iv)
          Provisions for storm water management and erosion and sediment control.
      1. (G)
        The applicant shall provide sufficient proof to the District Council that:
      1.  
        1. (i)
          The proposed hours of operation and anticipated noise levels will not be detrimental to the use of adjacent properties; and
        2. (ii)
          Features will be incorporated to adequately protect adjacent properties against obtrusive elements emanating from the project, such as noise, light, glare, waste, and air or water pollution.
  • (h)
    Apartment Housing for Elderly or Physically Handicapped Families.
    1. (1)
      Apartment housing and related facilities for elderly or physically handicapped families may be permitted within and on the property associated with an existing building, which was formerly used for a public school that has been declared surplus by the government entity which owns (owned) it (known as a surplus public school building), subject to the following:
      1. (A)
        In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show the density, and the type and total number of dwelling units proposed;
      2. (B)
        The District Council shall find that the subject property is suitable for the type of development proposed, and is of sufficient size to properly accommodate the proposed number of dwelling units;
      3. (C)
        Recreational and social amenities for the residents may be provided, if shown on the site plan and approved by the District Council; and
      4. (D)
        The height, lot coverage, density, frontage, yard, and green area requirements, including restrictions on the location and height of accessory buildings, as specified for the zone in which the use is proposed, shall not apply to uses or structures provided for in this Section. The dimensions, percentages, and density shown on the approved site plan shall constitute the regulations for development under a given special exception.
    2. (2)
      Apartment housing and related facilities for elderly or physically disabled families may be permitted within a building other than a surplus public school building, subject to the following:
      1. (A)
        The owner of the property shall record among the Land Records of Prince George's County a Declaration of Covenants which establishes that the premises will be solely occupied by elderly or disabled families for a fixed term of not less than twenty (20) years. The covenants shall run to the benefit of the Maryland-National Capital Park and Planning Commission;
      2. (B)
        In the RR, RSF-95, and RSF-65 zones, the following shall apply:
      1.  
        1. (i)
          The requirements of paragraphs (A), (B), (C), and (D) of Subsection (1), above, shall be met; and
        2. (ii)
          The District Council shall find that the proposed use:
          1. (aa)
            Will serve the needs of the elderly families or physically disabled families; and
          2. (bb)
            Will not adversely affect the character of the surrounding residential community. The District Council shall consider the lot size, height of the building, lot coverage of all buildings on the property, setbacks from surrounding properties, street frontage, and sufficiency of green area when determining the proposed development's effect on surrounding residential communities.
      2. (C)
        In the LTO-Edge zone, the density shall not be greater than twice that normally allowed in the zone.
  • (i)
    Asphalt Mixing Plant
    1. (1)
      An asphalt mixing plant (including the mixing of hot asphalt with aggregates, and the storage of materials) may be permitted, subject to the criteria below.
      1. (A)
        Mixing plant components and other parts of the operation having the potential for generating adverse impacts (including cold feed systems, drying systems, mixing units, dust collection systems, asphalt circulation systems, asphalt storage tanks, hot mix storage bins, exhaust systems, material stock piles, and truck parking areas) shall be located at least three hundred (300) feet from the boundaries of the subject property adjoining any land in any Rural and Agricultural, Residential, or Commercial zone (or land proposed to be used for residential or commercial purposes in a Transit-Oriented/Activity Center base or Planned Development zone) and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial Zone (or land proposed to be used for industrial purposes in a Transit-Oriented/Activity Center base or Planned Development Zone). Other fixed installations (including automobile parking and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Rural and Agricultural or Residential base zone (or land proposed to be used for residential purposes in a Transit-Oriented/Activity Center base or Planned Development Zone).
      2. (B)
        The site plan and information accompanying the application for special exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan and accompanying information shall show:
      1.  
        1. (i)
          The components of the mixing plant;
        2. (ii)
          The daily capacity of the plant;
        3. (iii)
          The location of all natural material stockpiles;
        4. (iv)
          The methods of disposing of waste materials;
        5. (v)
          The internal traffic circulation system;
        6. (vi)
          The parking and storage areas for all vehicles and equipment; and
        7. (vii)
          The identification of the trucks and heavy equipment to be used in the plant operation.
      1. (C)
        At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street.
      2. (D)
        Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the special exception.
      3. (E)
        All operations on site, including outdoor storage of machinery and equipment, shall be screened from any adjoining land or street in accordance with the provisions of the Landscape Manual.
      4. (F)
        All applications for special exception shall be accompanied by the following:
      1.  
        1. (i)
          A stormwater concept plan approved pursuant to Section 4-332 of this Code;
        2. (ii)
          A preliminary noise assessment;
        3. (iii)
          A preliminary air pollution assessment;
        4. (iv)
          A horizontal profile illustrating all structures and stockpiles; and
        5. (v)
          A grading plan that illustrates existing and proposed topography.
    2. (2)
      All information required as part of the Special Exception application shall be referred to the Prince George's County Department of Public Works and Transportation, Prince George's County Soil Conservation District, Washington Suburban Sanitary Commission, Prince George's County Department of Permitting, Inspections, and Enforcement, Maryland State Highway Administration, Maryland State Department of Health and Mental Hygiene, and Maryland State Water Resources Administration for comment. These agencies shall be given forty-five (45) calendar days to reply. A copy of the same information shall also be submitted to the Prince George's County Sand and Gravel Advisory Committee.
    3. (3)
      On land which is located within a Chesapeake Bay Critical Area Overlay (CBCAO) Zone, development is subject to Subtitle 5B: Chesapeake Bay Critical Area, of this Code and the following additional requirements:
      1. (A)
        No new asphalt mixing plant may be located in the RCO Zone.
      2. (B)
        On land which is located within the CBCAO Zone, no new asphalt mixing plant shall be approved, and no such operation presently in existence or previously approved shall be permitted to continue or commence where any of the following circumstances are present:
      1.  
        1. (i)
          Habitat Protection Areas have been or may be designated on the subject property, in accordance with criteria set forth in Subtitle 5B: Chesapeake Bay Critical Area, of this Code;
        2. (ii)
          The use is located within the Buffer;
        3. (iii)
          The use would result in the substantial loss of long-range (twenty-five (25) years or more) productivity of forest and agriculture, or would result in a degrading of water quality; or
        4. (iv)
          The subject property contains highly erodible soils.
  • (j)
    Boardinghouse or Rooming House
    1. (1)
      A boardinghouse or rooming house may be permitted in a single-family dwelling, subject to the following:
      1. (A)
        The special exception shall be valid for a period of three (3) years. This period may be renewed if the Council finds that the use will not constitute a nuisance because of pedestrian or vehicular traffic, noise, or the type of physical activity involved.
  • (k)
    Cement Manufacturing
    1. (1)
      Cement manufacturing may be permitted, subject to the following:
      1. (A)
        An impact statement shall be submitted explaining:
      1.  
        1. (i)
          The scope of the operation;
        2. (ii)
          The pollution and dust control measures to be taken; and
        3. (iii)
          The compatibility of the use with the surrounding area.
  • (l)
    Cemetery or Crematory

    A cemetery (including an animal cemetery) or a crematory may be permitted, provided that the use shall not be located within any proposed street or other public right-of-way, notwithstanding Section 27-3617, Authorization of Permit Within Proposed Right-of-Way (ROW).

  • (m)
    Check Cashing Business
    1. (1)
      A check cashing business may be permitted, subject to the following:
      1. (A)
        Hours of operation shall be limited to the hours of 9:00 a.m. to 8:00 p.m.,
      2. (B)
        A schedule of fees/charges shall be posted and immediately visible to persons upon entering the check cashing business. A copy of the fee schedule shall also be made available to all persons upon entrance to the check cashing business;
      3. (C)
        No other business shall share floor space with the check cashing business;
      4. (D)
        Security lighting and cameras shall be provided on all open sides of the check cashing facility providing surveillance of the area within 100 feet from the exterior of the building;
      5. (E)
        At least one (1) security employee (with no other duties) must be on the premises when the check cashing business is open for business; and
      6. (F)
        Cashiers must work behind bullet resistant glass.
  • (n)
    Class 3 Fills
    1. (1)
      A Class 3 fill may be permitted as a temporary special exception, subject to the following:
      1. (A)
        Within one hundred and twenty (120) days after an application for a Class 3 fill is accepted by the Planning Board, the Zoning Hearing Examiner shall conduct a public hearing. The Zoning Hearing Examiner's written decision on an application shall be issued within thirty (30) days after the public hearing. Where the District Council makes the final decision, the Council's final order shall be issued within sixty (60) days of the Examiner's decision.
      2. (B)
        Initially, a special exception for a new Class 3 fill shall be valid for five (5) years, unless the District Council grants some lesser time period. Extensions of specific periods may be granted not to exceed five (5) years. At least one calendar year prior to the expiration of a special exception for a Class 3 fill, a request for an extension shall be filed with the Zoning Hearing Examiner. The applicant shall also send a copy of the request, in accordance with the informational mailing requirements of Section 27-3403(f), Application Submittal and Notice, to all adjoining property owners and civic associations. The Examiner shall conduct a public hearing in accordance with all requirements and procedures for the initial application. The filing fee for the extension shall be one-half the amount of the fee for a new application.
      3. (C)
        If a proposed Class 3 fill includes a rock crusher or other processing equipment, its location shall be shown on the site plan.
      4. (D)
        A traffic report, prepared in accordance with the Planning Board's Transportation Review Guidelines, shall be submitted with the application and shall include an analysis of haul routes for the truck traffic generated by the use.
      5. (E)
        The subject property shall not be located within a three (3) mile radius of properties containing an active or pre-existing approved or non-conforming Class 3 fill, sanitary landfill, solid waste transfer station, rubble fill, recycling facility, mining facility, sludge facility, processing facility, sand and gravel operation, or wash plant.
      6. (F)
        Fill operations shall not be located within five hundred (500) feet of an existing residence, school, day care center, place of worship, hospital, nursing home/assisted living facility or community center.
      7. (G)
        A Class 3 fill shall meet the buffering and screening requirements of the Landscape Manual, shall have a one hundred (100) foot non-disturbance buffer from all property lines, and shall include landscaping or berms sufficient to screen fill operations from adjoining property in a Rural and Agricultural or Residential zone, property containing a use listed in Subsection (F), above, and public streets or highways. All berms and landscaping shall be installed in the initial phase of development, before fill is placed on site.
      8. (H)
        The height limitations for the fill operation shall be determined during special exception review. No slope grade may exceed 3:1.
      9. (I)
        The fill operation shall have a staging area with equipment for cleaning truck wheels and a minimum twenty-two (22) foot paved access road designed to accommodate no more than twenty-five (25) trucks.
      10. (J)
        The site entrance shall have a gate which is locked when the fill is not in operation. Hours and days of operation shall be limited as part of the special exception review.
      11. (K)
        Site or operational personnel shall be on site during hours of operation.
      12. (L)
        The site shall have proper signage showing the name of the operator, the permit number, hours of operation, telephone number of the operator, as well as provide directional signs for internal truck traffic and haul routes. The site plan shall also provide for final reclamation and stabilization of the site at the cessation of the fill operation.
      13. (M)
        The Department of Permitting, Inspections, and Enforcement shall conduct semi-annual site inspections for Class 3 fill sites and prepare a written report on the evaluation of the operations on the site, which shall include all indications of noncompliance with all County and State regulations. A copy of the report shall be provided to the County Council and shall also be available for review by the public.
      14. (N)
        A haul road permit shall be obtained from the County Department of Permitting, Inspections, and Enforcement prior to issuance of any grading or building permits related to proposed Class 3 fill sites.
      15. (O)
        A street construction permit shall be obtained from the County Department of Permitting, Inspections, and Enforcement prior to issuance of any grading or building permits related to proposed Class 3 fill sites.
  • (o)
    Combination Retail Uses
    1. (1)
      Combination retail uses permitted in the use tables by special exception shall be subject to the following requirements:
      1. (A)
        Except in the Transit-Oriented base and Planned Development zones, the site shall have frontage on and direct vehicular access to an existing arterial roadway, with no access to primary or secondary streets.
      2. (B)
        The applicant shall demonstrate that local streets surrounding the site are adequate to accommodate the anticipated increase in traffic.
      3. (C)
        The site shall contain pedestrian walkways within the parking lot to promote safety.
      4. (D)
        The design of the parking and loading facilities shall ensure that commercial and customer traffic will be sufficiently separated and shall provide a separate customer loading area at the front of the store.
      5. (E)
        All buildings, structures, off-street parking compounds, and loading areas shall be located at least:
      1.  
        1. (i)
          One hundred (100) feet from any adjoining land in a Rural and Agricultural or Residential zone; and
        2. (ii)
          Fifty (50) feet from all other adjoining property lines and street lines.
      1. (F)
        All perimeter areas of the site shall be buffered or screened, as required by the Landscape Manual; however, the Council may require additional buffering and screening if deemed necessary to protect surrounding properties.
      2. (G)
        The building entrance and nearby sidewalks shall be enhanced with a combination of special paving, landscaping, raised planters, benches and special light fixtures.
      3. (H)
        The application shall include a comprehensive sign package and a comprehensive exterior lighting plan.
      4. (I)
        The applicant shall use exterior architectural features to enhance the site's architectural compatibility with surrounding commercial and residential areas.
      5. (J)
        Except in the Transit-Oriented base and Planned Development zones, not less than thirty percent (30%) of the site shall be devoted to green area.
      6. (K)
        No storage or shipping containers shall be permitted on the parking lot or other outdoor location, unless such use is approved via a detailed site plan approval process; all such storage or shipping containers shall be screened, and located within the loading area for the use.
  • (p)
    Commercial Recreational Attraction
    1. (1)
      Purpose of Section:
      1. (A)
        To promote the health, safety, and welfare of the citizens of Prince George's County by providing standards under which major projects dedicated to entertainment, amusement, recreation, culture, education, and history may be developed;
      2. (B)
        To promote tourism within Prince George's County, the State of Maryland, and the Washington Metropolitan Area;
      3. (C)
        To encourage high-quality entertainment facilities to be provided in Prince George's County;
      4. (D)
        To afford reasonable flexibility in the design of these projects;
      5. (E)
        To assure that these attractions will be located in areas with adequate street access;
      6. (F)
        To assure that these projects will be compatible with surrounding areas through the effective use of development controls, such as screening, landscaping, open spaces, and the staging of development;
      7. (G)
        To assure that the projects are developed in an orderly and attractive manner;
      8. (H)
        To assure that public facilities are adequate to service the projects; and
      9. (I)
        To avoid scattered and unbalanced development of commercial recreational attractions at less desirable locations and without adequate controls.
    2. (2)
      Commercial recreational attractions may be permitted, subject to the following criteria:
      1. (A)
        Standards
      1.  
        1. (i)
          The subject property shall have an area of at least two hundred fifty (250) contiguous acres. Notwithstanding the above, as long as there are one hundred (100) contiguous acres remaining under an approved special exception, the use may continue to operate pursuant to the approved special exception regardless of the ownership or zoning of the property. For the purpose of this Section, land separated by any rights-of-way or easements shall be considered contiguous;
        2. (ii)
          The property shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the traffic generated by the project. If the street is one which is not yet built, the street must be funded for completion prior to the issuance of a use and occupancy permit. The applicant shall submit a traffic analysis indicating the anticipated traffic volume expected to be generated by the project, and the impact of the traffic upon external streets and the on-site network of driveways;
        3. (iii)
          Any place or structure used for exhibition, education, entertainment, dining, recreation, or other purpose involving patron assembly, and any maintenance or service building shall be located at least one hundred (100) feet from adjoining land in any Rural and Agricultural or Residential zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan, fifty (50) feet from adjoining land in any other zone, and twenty-five (25) feet from any abutting street, unless the District Council finds that, due to conditions in the area, these setbacks are unnecessary and the buffer yard requirement in the Landscape Manual would be sufficient. If the structure or place is located within two hundred (200) feet of land in any Rural and Agricultural or Residential zone, or land proposed to be used for residential purposes in a Transit-Oriented/Activity Center base or Planned Development zone, there shall be no public entrance to it from the side facing the residential land. Notwithstanding the above, when a portion of a property subject to the special exception site plan (or detailed site plan) is rezoned to any Rural and Agricultural or Residential base zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan, any improvement, use, or structure already constructed or shown on the detailed site plan may continue in operation or be constructed as shown on the site plan;
        4. (iv)
          Areas reserved for the display of animals in their natural or similar environment shall be enclosed by two (2) fences. The innermost fence shall be located at least thirty (30) feet from adjoining land in a Rural and Agricultural or Residential zone, or land proposed to be used for residential purposes in a Transit-Oriented/Activity Center base or Planned Development zone;
        5. (v)
          All perimeter areas shall be landscaped and buffered in accordance with the provisions of the Landscape Manual. The applicant shall demonstrate that the proposed perimeter buffering will provide a reasonable sound barrier for all adjacent uses. If the buffer required by the Landscape Manual is determined to be inadequate, additional buffering may be required.
        6. (vi)
          At least fifty percent (50%) of the site shall be devoted to open space; and
        7. (vii)
          The regulations restricting the height and lot coverage of buildings and structures, and the location and height of accessory buildings (specified in the zone in which the commercial recreational attraction is to be located), shall not apply to uses or structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given special exception.
      1. (B)
        Parking
      1.  
        1. (i)
          The number of parking spaces required shall be determined by the District Council and shall be based upon the uses shown on the proposed site plan. All of the parking spaces required shall be located entirely on the site. The number of spaces provided may be modified by the Council as more experience with a particular project is gained; and
        2. (ii)
          Any off-street parking area shall be located at least one hundred (100) feet from any adjoining land in a Rural and Agricultural or Residential base zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan, and at least twenty-five (25) feet from any other adjoining land or street. Notwithstanding the above, when a portion of a property subject to the special exception site plan is rezoned to any Rural and Agricultural or Residential base zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan, any off-street parking area already constructed or shown on the detailed site plan may continue or be constructed as shown on the site plan.
      1. (C)
        Signs
      1.  
        1. (i)
          (A) Notwithstanding the provisions of Section 27-61500, Signage, one (1) sign, which may be freestanding, may be located at each entrance to the project in order to identify the facility. The sign shall:
          1. (aa)
            Be not more than fifty (50) feet high (measured from the ground to the top of the sign);
          2. (bb)
            Not have moving parts, or flashing or other intermittent illumination;
          3. (cc)
            Not shine, reflect, or glare upon any adjacent residential property or into the path of any motor vehicle; and
          4. (dd)
            Be located at least twenty-five (25) feet from the street line;
        2. (ii)
          Notwithstanding the provisions of Section 27-61500, Signage, the District Council may disapprove any sign visible from off the subject property which it finds will be detrimental to the use or development of adjoining properties or the general neighborhood. Signs not visible from off the subject property shall be permitted without restrictions, except for those restrictions on identification signs provided for above.
      1. (D)
        Uses
      1.  
        1. (i)
          The District Council may permit any of the following uses:
          1. (aa)
            Entertainment facilities;
          2. (bb)
            Theaters (excluding drive-in theaters), amphitheaters, and band shells;
          3. (cc)
            Music playing, entertainment, and dancing;
          4. (dd)
            The housing, care, or exhibition of wild and domestic animals, birds, reptiles, and other forms of wildlife;
          5. (ee)
            Amusement rides;
          6. (ff)
            Theme areas;
          7. (gg)
            Playgrounds and picnic areas;
          8. (hh)
            Historic, fictional, or other dramatizations;
          9. (ii)
            Simulated natural phenomena, such as volcanoes, caves, mountains, and waterfalls;
          10. (jj)
            Simulated towns and villages;
          11. (kk)
            Participatory land and water activities such as swimming or other immersion in water;
          12. (ll)
            Seasonal activities, such as tennis, golf, ice skating, tobogganing, bobsledding, and skiing;
          13. (mm)
            Amusement arcades and fun houses;
          14. (nn)
            Transportation facilities, including those facilities used for viewing or amusement;
          15. (oo)
            Man-made rivers, streams, ponds, pools, lakes, and bridges;
          16. (pp)
            Retail stores or demonstration of arts and crafts;
          17. (qq)
            Eating and drinking establishments;
          18. (rr)
            Banks and ticket booths;
          19. (ss)
            Rest rooms and buildings used for fire protection, security, maintenance, storage, and administration;
          20. (tt)
            Medical treatment facilities;
          21. (uu)
            Art galleries and artisan areas;
          22. (vv)
            One (1) gas station solely for the accommodation of patrons and workers on the site, provided that it is not visible from off of the site;
          23. (ww)
            Hotels, motels, and recreational campgrounds (subject to the requirements of Section 27-5402(bbb), Recreational Campground, except Subsection 27-5402(bbb)(1)(F);
          24. (xx)
            Facilities for business meetings, conferences, and conventions; and
          25. (yy)
            Other uses which are similar to any of the above, or any other use compatible with the provisions and purposes of this Section.
        2. (ii)
          The following uses are prohibited:
          1. (aa)
            Recreational or entertainment establishments such as baseball, basketball, ice hockey, lacrosse, football, soccer, or boxing stadiums or arenas, racetracks, drag strips, or drive-in theaters; and
          2. (bb)
            Uses which would adversely affect the health or safety of residents or workers in the area, or be detrimental to the use or development of adjacent properties or the neighborhood in general.
        3. (iii)
          For the purposes of this Section, a "theme area" is defined as a group of varied, but interrelated, uses with a common theme.
      1. (E)
        Times of Operation
      1.  
        1. (i)
          Commercial recreational attractions may remain open for such periods during the year as are economically feasible. The ability to continue the use shall not be jeopardized by seasonal closings or closings for repair or renovation, provided the closing does not exceed a period of three (3) consecutive years. A project shall be deemed open when it is serving the general public.
      1. (F)
        Site Plan and Other Submission Requirements
      1.  
        1. (i)
          The site plan submitted with the application shall contain the following information (in lieu of what is required by Section 27-3604(c), Special Exception Submittal Requirements):
          1. (aa)
            A general description of the project and the proposed use;
          2. (bb)
            The existing and proposed traffic circulation system; and
          3. (cc)
            The general location, size, and height of all buildings and structures, including rides and animal enclosures, signs, and lighting.
        2. (ii)
          The applicant shall provide sufficient proof to the District Council that:
          1. (aa)
            The proposed hours of operation and anticipated noise levels will not be detrimental to the use of adjacent properties; and
          2. (ab)
            Features will be incorporated to adequately protect adjacent properties against obtrusive elements which may emanate from the project.
        3. (iii)
          The District Council may require additional data or plans to assist it in evaluating the application.
      1. (G)
        Criteria for Approval
      1.  
        1. (i)
          In addition to other criteria for approval of special exceptions, the Council shall be guided by how well the proposed project meets the purposes of this Section.
      1. (H)
        Addition of Land
      1.  
        1. (i)
          After the approval of a special exception, any addition of land to the commercial recreational attraction shall be the subject of a new special exception application. The site plan accompanying the new application shall fully demonstrate the relationship of development shown on both the new and originally approved site plans. The additional land shall be contiguous to an approved commercial recreational attraction, and may be less than two hundred fifty (250) acres.
      1. (I)
        Amendment of Site Plan
      1.  
        1. (i)
          Notwithstanding other provisions of this Subtitle concerning the revision of site plans, requests to amend a site plan (formerly a concept plan for a commercial recreational attraction) shall only be approved by the District Council, and in accordance with this Subsection. Situations occurring as described in Sections 27-3605(d)(11)(A), and 27-3604(d)(11)(C), Effect of Rezoning On Approved Special Exception, of this Subtitle do not require an amendment of a previously approved site plan.
        2. (ii)
          Requests to amend the approved site plan shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. After receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner at least two (2) working days before the date of the public hearing. The public hearing shall be conducted by the Zoning Hearing Examiner, at which time the applicant, Planning Board, Technical Staff, and members of the public may comment on the proposed amendments. The hearing shall be conducted in accordance with Section 27-3412, Evidentiary Hearing. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
        3. (iii)
          Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
        4. (iv)
          If the District Council determines that the amendments are in accordance with the purposes and standards of this Section and the requirements of Section 27-3604(e), Required Findings, it may approve the amended site plan. The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a special exception.
      1. (J)
        Detailed Site Plan
      1.  
        1. (i)
          A detailed site plan (or an amendment thereof) shall be submitted to, and approved by, the Planning Board (or its designee), in accordance with Section 27-3605, Detailed Site Plan.
      1. (K)
        Special Exceptions granted by the District Council for commercial recreational attractions prior to July 1, 1975, shall be considered conforming uses in the same manner as if approved by the District Council in accordance with the provisions of this Section. Any plan of development (now called a site plan), which was approved prior to October 1, 1981, for development pursuant to an approved Special Exception for a commercial recreational attraction shall also fulfill the requirements of this Section for approval of a site plan (formerly concept plan).
  • (q)
    Commercial Recreational Facilities (Privately Owned) on Land Leased From a Public Agency
    1. (1)
      Privately owned recreational facilities, operating on a commercial basis on land leased from a public agency, may be permitted, subject to the following:
      1. (A)
        No building or other structure shall be located within fifty (50) feet of any abutting lot or street line;
      2. (B)
        The District Council may require additional setbacks, landscaping, screening, or other conditions it deems reasonable in order to protect adjacent properties or for public safety; and
      3. (C)
        Prior to consideration by the District Council, the site plan shall be referred to, and approved by, the public agency which owns the subject property.
  • (r)
    Concrete Batching Plant
    1. (1)
      A concrete batching plant (including the batching and mixing of cement with sand, aggregates, and water; the storage of natural materials; and the mixing of materials in trucks) may be permitted, subject to the criteria, below.
      1. (A)
        Mixing plant components and other parts of the operation having the potential for generating adverse impacts (including conveying systems, concrete mixers, weighing hoppers, batching equipment, aggregate bins, truck mixing areas, truck wash-out facilities, and truck parking areas) shall be located at least three hundred (300) feet from the boundary lines of the subject property adjoining any land in any Rural and Agricultural, Residential, or Commercial base zone (or land proposed to be used for residential or commercial purposes in a Transit-Oriented/Activity Center base or Planned Development zone), and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial base zone (or land proposed to be used for industrial purposes in a Transit-Oriented/Activity Center base or Planned Development zone). Other fixed installations (including automobile parking, settling ponds, and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Rural and Agricultural or Residential base zone (or land proposed to be used for residential purposes in a Transit-Oriented/Activity Center base or Planned Development zone).
      2. (B)
        The site plan and information accompanying the application for special exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan and accompanying information shall show:
      1.  
        1. (i)
          The components of the mixing plant;
        2. (ii)
          The daily capacity of the plant;
        3. (iii)
          The location of all natural material stockpiles;
        4. (iv)
          The settling ponds, if any;
        5. (v)
          The source of water to be used in the operation;
        6. (vi)
          Truck wash-out facilities, if any;
        7. (vii)
          The methods of disposing of waste materials;
        8. (viii)
          The internal traffic circulation system;
        9. (ix)
          The truck mixing areas;
        10. (x)
          The parking and storage areas for all vehicles and equipment; and
        11. (xi)
          The identification of the trucks and heavy equipment to be used in the plant operation.
      1. (C)
        At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for its predominant length.
      2. (D)
        Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the special exception.
      3. (E)
        In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, all applications shall be accompanied by the following:
      1.  
        1. (i)
          A stormwater concept plan approved pursuant to Section 4-322 of this Code;
        2. (ii)
          A preliminary noise assessment;
        3. (iii)
          A horizontal profile illustrating all structures and stockpiles; and
        4. (iv)
          A grading plan that illustrates existing and proposed topography.
    2. (2)
      All information required as part of the special exception application shall be referred to the Prince George's County Department of Public Works and Transportation, Prince George's County Soil Conservation District, Washington Suburban Sanitary Commission, Prince George's County Department of Permitting, Inspections, and Enforcement, Maryland State Highway Administration, Maryland State Department of Health and Mental Hygiene, and Maryland State Water Resources Administration for comment. These agencies shall be given forty-five (45) calendar days to reply. A copy of the same information shall also be submitted to the Prince George's County Sand and Gravel Advisory Committee.
    3. (3)
      On land which is located within a Chesapeake Bay Critical Area Overlay (CBCAO) Zone, development is subject to Subtitle 5B: Chesapeake Bay Critical Area, of this Code. No new concrete batching plant may be located in the RCO Zone.
  • (s)
    Concrete Recycling Facility
    1. (1)
      A concrete recycling facility may be permitted, subject to the criteria below.
      1. (A)
        Concrete recycling facility components and other parts of the operation having the potential for generating adverse noise, dust, or vibration impacts shall be located at least three hundred (300) feet from the boundary lines of the subject property adjoining any land in any Rural and Agricultural, Residential, or Commercial base zone (or land proposed to be used for residential or commercial purposes in a Transit-Oriented/Activity Center base or Planned Development zone), and one hundred (100) feet from the boundaries of the subject property adjoining any land in any Industrial base zone (or land proposed to be used for industrial purposes in a Transit-Oriented/Activity Center base or Planned Development zone). Other fixed installations (including automobile parking, settling ponds, and office uses) shall be located at least one hundred (100) feet from the boundaries of the subject property adjoining any land in any Rural and Agricultural or Residential base zone (or land proposed to be used for residential purposes in a Transit-Oriented/Activity Center base or Planned Development zone).
      2. (B)
        The site plan and information accompanying the application for special exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan and accompanying information shall show:
      1.  
        1. (i)
          The components of the concrete recycling facility;
        2. (ii)
          The daily capacity of the facility;
        3. (iii)
          The location of all material stockpiles;
        4. (iv)
          The settling ponds, if any;
        5. (v)
          The source of water to be used in the operation;
        6. (vi)
          Truck wash-out facilities, if any;
        7. (vii)
          The methods of disposing of waste materials;
        8. (viii)
          The internal traffic circulation system;
        9. (ix)
          The parking and storage areas for all vehicles and equipment; and
        10. (x)
          The identification of the trucks and heavy equipment to be used in the facility operation.
      1. (C)
        Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the special exception.
      2. (D)
        In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, all applications shall be accompanied by the following:
      1.  
        1. (i)
          A stormwater concept plan approved pursuant to Section 4-322 of this Code;
        2. (ii)
          A preliminary noise assessment;
        3. (iii)
          A horizontal profile illustrating all structures and stockpiles;
        4. (iv)
          A grading plan that illustrates existing and proposed topography; and
        5. (v)
          A traffic analysis which includes the volume of traffic expected to be generated by the operation and identifies the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for its predominant length.
    2. (2)
      All information required as part of the special exception application shall be referred to the Prince George's County Department of Public Works and Transportation, Prince George's County Soil Conservation District, Washington Suburban Sanitary Commission, Prince George's County Department of Permitting, Inspections, and Enforcement, Maryland State Highway Administration, Maryland State Department of Health and Mental Hygiene, and Maryland State Water Resources Administration for comment. These agencies shall be given forty-five (45) calendar days to reply. A copy of the same information shall also be submitted to the Prince George's County Sand and Gravel Advisory Committee.
    3. (3)
      On land which is located within a Chesapeake Bay Critical Area Overlay (CBCAO) Zone, wash plants, including ponds, spoil sites, and equipment are prohibited within the Buffer, as defined in Subtitle 5B: Chesapeake Bay Critical Area, of this Code. No new concrete recycling facility shall be approved, and no such operation presently in existence or previously approved shall be permitted to continue or commence where any of the following circumstances are present:
      1. (A)
        Habitat protection areas have been or may be designated on the subject property, in accordance with criteria set forth in Subtitle 5B: Chesapeake Bay Critical Area;
      2. (B)
        The use is located within the Buffer, as defined in Subtitle 5B: Chesapeake Bay Critical Area;
      3. (C)
        The use would result in the substantial loss of long-range (twenty-five (25) years or more) productivity of forest and agriculture, or would result in a degrading of water quality; or
      4. (D)
        The subject property contains highly erodible soils.
  • (t)
    Reserved.
  • (u)
    Consolidated Storage
    1. (1)
      Consolidated storage may be permitted, subject to the following:
      1. (A)
        The application shall be accompanied by:
      1.  
        1. (i)
          An impact statement explaining:
          1. (aa)
            The nature and scope of the operation; and
          2. (ab)
            The type and amount of traffic expected to be generated;
        2. (ii)
          A description (graphic and narrative) of the proposed architectural facade of the building.
      1. (B)
        The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the use;
      2. (C)
        The use shall be appropriate, given the nature of development in the neighborhood;
      3. (D)
        The District Council shall find that:
      1.  
        1. (i)
          There is a need for the public in the surrounding area.
      1. (E)
        The exterior and architectural facade of the building shall be compatible with the prevailing architecture and appearance of other development in the surrounding neighborhood;
      2. (F)
        Beginning June 23, 1988, no entrances to individual consolidated storage units shall be visible from a street or from adjoining land in any Rural and Agricultural, Residential, or Commercial base zone (or land proposed to be used for residential or commercial purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan);
      3. (G)
        Entrances to individual consolidated storage units shall be either oriented toward the interior of the development or completely screened from view by a solid wall, with landscaping along the outside thereof; and
      4. (H)
        Consolidated storage for which special exceptions were approved prior to the date reflected in paragraph (F), above, need not meet the provisions set forth in paragraphs (F) and (G), above.
      5. (I)
        in the CS, NAC, TAC-E, and LTO-E Zones, the property owner shall set aside of minimum of 1,500 square feet of gross floor area of commercial/retail/office space at ground level or above ground level at zero base rent to be leased as business incubator or Community Non-Profit Space, as defined in Section 27-2500 of this Code, subject to the following:
        1. (i)
          If the Community Non-Profit Space is located above ground level, the property owner shall ensure that space is handicapped accessible, and shall provide adequate signage so that the public can locate the space.
        2. (ii)
          Occupancy and use of the Community Non-Profit Space shall be subject to a Community Benefit Agreement executed by the property owner and Community Non-Profit organization. Said Community Benefit Agreement shall be binding on all successors, heirs, and assigns of the property.
        3. (iii)
          The property owner shall ensure that the Community Non-Profit tenant access to at least one (1) large storage unit on the property.
    2. (2)
      In addition to what is required by Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show the topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet).
  • (v)
    Conversion of a Single-Family Detached Dwelling

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

  • (w)
    Country Inn
    1. (1)
      A privately operated country inn may be permitted, subject to the following:
      1. (A)
        The application shall indicate the type of inn proposed (lodging, food service, or both), and shall be accompanied by a description (either graphic or narrative) of the proposed architectural design of the inn;
      2. (B)
        Each proposed accessory use shall be identified, and the maximum square footage to be allocated to each use shall be indicated on the site plan submitted with the application. Accessory uses shall be limited to the following:
      1.  
        1. (i)
          Antique shop;
        2. (ii)
          Gift, Christmas, book, candle, and similar specialty shops;
        3. (iii)
          Bakery;
        4. (iv)
          Arts and crafts demonstrations and exhibits, including the sale of products;
        5. (v)
          Sale of packaged or canned food products special to the establishment;
        6. (vi)
          Museums and cultural exhibits;
        7. (vii)
          Recreational uses for the sole use of overnight guests (for which no additional parking facilities shall be required); and
        8. (viii)
          Any other similar uses;
      1. (C)
        The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate any traffic generated by the inn;
      2. (D)
        In the case of publicly owned land, the application shall be accompanied by written evidence indicating approval of the submitted site plan by the public agency which owns the subject property; and
      3. (E)
        The District Council shall find that:
      1.  
        1. (i)
          The subject property is of sufficient size to accommodate development of a country inn of the type and scope proposed;
        2. (ii)
          The environmental setting of the subject property is appropriate for the development of a country inn; and
        3. (iii)
          The proposed building has historical, cultural, or architectural significance, or the appearance thereof.
  • (x)
    Day Care Center for Children
    1. (1)
      A day care center for children may be permitted, subject to the following:
      1. (A)
        The District Council may specify the maximum number of children to be enrolled, which may not be increased by State or local health, education, or fire regulations;
      2. (B)
        An ample outdoor play or activity area shall be provided, in accordance with the following:
      1.  
        1. (i)
          All outdoor play areas shall have at least seventy-five (75) square feet of play space per child for fifty percent (50%) of the licensed capacity or seventy-five (75) square feet per child for the total number of children to use the play area at one (1) time, whichever is greater;
        2. (ii)
          All outdoor play areas shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least four (4) feet in height;
        3. (iii)
          A greater set back from adjacent properties or uses or a higher fence may be required by the District Council if it determines that it is needed to protect the health and safety of the children utilizing the play area;
        4. (iv)
          Any off-premises outdoor play or activity area shall be located in proximity to the day care center, and shall be safely accessible without crossing (at grade) any hazardous area, such as a street or driveway;
        5. (v)
          The play area shall contain sufficient shade during the warmer months to afford protection from the sun;
        6. (vi)
          Sufficient lighting shall be provided on the play area if it is used before or after daylight hours to insure safe operation of the area; and
        7. (vii)
          Outdoor play shall be limited to the hours between 7 a.m. and 9 p.m.;
      1. (C)
        In the CGO, CS, IE, and IH zones, a special exception for a day care center for children shall be allowed only if the Council finds that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed use.
    2. (2)
      In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show:
      1. (A)
        The proposed enrollment;
      2. (B)
        The location and use of all buildings located on adjoining lots; and
      3. (C)
        The location and size of outdoor play or activity areas.
    3. (3)
      Any day care center for children which has, on or before the effective date of this Ordinance, fully complied with the provisions of this Subtitle in effect at the time the use commenced shall not be required to meet the requirements of this Section, provided that the use has not been expanded or changed since that time. Any expansion or change shall be governed by the provisions of this Section, or of Section 27-5102(d)(2)(A), Day Care Center for Children.
    4. (4)
      For the purposes of this Section, enrollment shall mean the largest number of children enrolled in the center in any one (1) session.
  • (y)
    Reserved.
  • (z)
    Restaurant, quick-service (with drive-through)
    1. (1)
      A quick-service restaurant with drive-through service may be permitted, subject to the following:
      1. (A)
        The Zoning Hearing Examiner may determine to limit overnight hours of operation to minimize the adverse impact on adjacent residential dwellings;
      2. (B)
        The proposed use will not cause undue harm to the neighborhood as a result of a noninherent adverse effect alone or the combination of an inherent or a non-inherent adverse effect in any of the following categories: noise, illumination, fumes, odors, or physical activity;
      3. (C)
        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 approved 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. (2)
      In addition to the requirements set forth in Section 27-3604(c)(5)(F), the site plan for a restaurant, quick-service with drive-through service shall show the topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet).
    3. (3)
      When approving a Special Exception for a quick service restaurant with drive-through service, the District Council shall find that for the proposed use:
      1. (A)
        A need exists for the proposed use for service to the population in the neighborhood considering the present availability of such use to the neighborhood; and
      2. (B)
        The proposed use will not result in an excessive concentration of similar uses in the same general neighborhood of the proposed use.
    4. (4)
      This subsection shall not apply to a Restaurant, quick-service (with drive-through service) use that is limited to a pick-up window and has no menu board or ordering station for customers to order food or drinks.
  • (aa)
    Fraternity or Sorority House
    1. (1)
      A fraternity or sorority house may be permitted, subject to the following:
      1. (A)
        The proposed site plan shall show:
      1.  
        1. (i)
          The number of residents who will be accommodated;
        2. (ii)
          Uses on adjoining properties;
        3. (iii)
          Zoning of adjoining properties; and
        4. (iv)
          Distance to adjoining dwellings.
      1. (B)
        The use shall not adversely affect the character, use, or quiet enjoyment of adjoining properties.
      2. (C)
        The subject property, including the building, shall be of sufficient size for the proposed use.
  • (bb)
    Funeral Parlor or Undertaking Establishment
    1. (1)
      A funeral parlor or undertaking establishment may be permitted subject to the following:
      1. (A)
        The minimum side and rear yard setbacks shall be at least fifty (50) feet each, when adjoining land in any Rural and Agricultural or Residential base zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan;
      2. (B)
        If the subject property is located in a Rural and Agricultural or Residential base zone, it shall contain at least one and one-half (1 1/2) contiguous acres;
      3. (C)
        The use shall not depreciate the value of neighboring properties;
      4. (D)
        The use shall not adversely affect the character of neighboring properties; and
      5. (E)
        The use shall not create undue traffic congestion.
  • (cc)
    Gas Station
    1. (1)
      A gas station may be permitted, subject to the following:
      1. (A)
        The subject property shall have at least one hundred and fifty (150) feet of frontage on and direct vehicular access to a street with a right-of-way width of at least seventy (70) feet; and
      2. (B)
        The site plan shall demonstrate that the subject property is of sufficient size that the proposed layout provides adequate ingress, egress and circulation for large fuel transport vehicles and demonstrate clear line-of-sight.
      3. (C)
        The nearest gas pump on the subject property shall be located at least five hundred (500) feet from any lot on which a school, outdoor playground, library, hospital, or a structure used as a residence is located;
      4. (D)
        The use shall not include the display and rental of cargo trailers, trucks, or similar uses, except as a special exception in accordance with the provisions of Section 27-5402(mmm), Vehicle and Trailer Rental Display;
      5. (E)
        The storage or junking of wrecked motor vehicles (whether capable of movement or not) is prohibited;
      6. (F)
        Access driveways shall be not less than thirty (30) feet wide unless a lesser width is allowed for a one-way driveway by the Maryland State Highway Administration or the County Department of Permitting, Inspections, and Enforcement, whichever is applicable, and shall be constructed in compliance with the minimum standards required by the County Road Ordinance or Maryland State Highway Administration regulations, whichever is applicable. In the case of a corner lot, a driveway may begin at a point not less than twenty (20) feet from the point of curvature (PC) of the curb return or the point of curvature of the edge of paving at an intersection without curb and gutter. A driveway may begin or end at a point not less than twelve (12) feet from the side or rear lot line of any adjoining lot;
      7. (G)
        Access driveways shall be defined by curbing;
      8. (H)
        A sidewalk at least eight (8) feet wide shall be provided in the area between the building line and the curb in those areas serving pedestrian traffic;
      9. (I)
        Gasoline pumps and other service appliances shall be located at least thirty-five (35) feet behind the street line;
      10. (J)
        Repair service shall be completed within forty-eight (48) hours after the vehicle is left for service. Discarded parts resulting from any work shall be removed promptly from the premises. Automotive replacement parts and accessories shall be stored either inside the main structure or in an accessory building used solely for the storage. The accessory building shall be wholly enclosed. The building shall either be constructed of brick (or another building material similar in appearance to the main structure) and placed on a permanent foundation, or it shall be entirely surrounded with screening material. Screening shall consist of a wall, fence, or sight-tight landscaping material, which shall be at least as high as the accessory building. The type of screening shall be shown on the landscape plan; and
      11. (K)
        Details on architectural elements such as elevation depictions of each facade, schedule of exterior finishes, and description of architectural character of proposed buildings shall demonstrate compatibility with existing and proposed surrounding development. The Gas Station Brand and Price Sign shall be a monument sign not exceeding 16 feet in height.
      12. (L)
        At least two (2) Level 3 or DC fast charger electric vehicle charging stations must be provided on-site for public use. Notwithstanding Section 27-1700, Transitional Provisions, any special exception or detailed site plan application filed prior to January 1, 2022, and approved, shall not be subject to this provision and shall be deemed a conforming use.
      13. (M)
        The Special Exception application shall include a plan for remediation of the site upon abandonment, including a schedule for allocation of reserves sufficient to fund the remediation plan. The Technical Staff report shall include comment on the sufficiency of the allocation as well as the viability of the remediation plan.
      14. (N)
        An acoustic analysis shall demonstrate that nighttime noise from operations (including the truck noise from refueling operations) will not violate the County noise control ordinance (§27-6810, et seq.)
    2. (2)
      In addition to what is required by Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show the following:
      1. (A)
        The topography of the subject lot and abutting lots (for a depth of at least fifty (50) feet);
      2. (B)
        The location and type of trash enclosures; and
      3. (C)
        The location of exterior vending machines or vending area.
    3. (3)
      Upon the abandonment of a gas station, the special exception shall terminate and all structures exclusively used in the business (including underground storage tanks), except buildings, shall be removed by the owner of the property. For the purpose of this Subsection, the term "abandonment" shall mean nonoperation as a gas station (including cessation of the sale of motor vehicle fuel) for a period of fourteen (14) months after the retail services cease.
    4. (4)
      When approving a special exception for a gas station, the District Council shall find that the proposed use:
      1. (A)
        Is necessary to the public in the surrounding area; and
      2. (B)
        Will not unduly restrict the availability of land, or upset the balance of land use, in the area for other trades and commercial uses.
    5. (5)
      In determining whether a Special Exception is necessary, the District Council may consider the number of existing or proposed gas stations within a 3-mile radius of the subject property.
    6. (6)
      Gas Stations legally operating prior to April 1, 2022 shall not be considered nonconforming uses.
  • (dd)
    Golf Course; Private Club; Nonprofit Recreational Uses
    1. (1)
      A golf course, private club, community building, or other nonprofit recreational use may be permitted, when it is not publicly owned or operated. Concessions for serving food and refreshments to, and entertainment for, club members and guests, may also be permitted. This special exception does not apply to community swimming pools, golf driving ranges, or miniature golf courses.
  • (ee)
    Heavy Armament Fabrication
    1. (1)
      The fabrication of heavy armament may be permitted, subject to the following:
      1. (A)
        All operations shall be confined to the interior of a wholly enclosed building; and
      2. (B)
        An impact statement shall be submitted explaining:
      3. (C)
        The scope of the operation;
      4. (D)
        The proposed buffering and screening of any outdoor storage areas; and
      5. (E)
        The compatibility of the uses with the surrounding area.
  • (ff)
    Health Campus
    1. (1)
      A health campus may be permitted, subject to the following:
      1. (A)
        General Requirements
      1.  
        1. (i)
          The subject property shall be suitable for the integration of a hospital and other medical facilities with any proposed residences, services, and recreational facilities.
      1. (B)
        Special Requirements
      1.  
        1. (i)
          The subject property shall contain at least twenty-five (25) contiguous acres, except as provided in paragraph (E), below;
        2. (ii)
          The subject property shall have frontage on, and direct vehicular access to, a street with sufficient capacity to accommodate the traffic generated by the campus;
        3. (iii)
          All buildings and structures shall be located at least:
          1. (aa)
            Fifty (50) feet from all adjoining property lines (except street lines); and
          2. (bb)
            Twenty-five (25) feet from all adjoining street lines;
        4. (iv)
          All off-street parking and loading facilities shall be located at least:
          1. (aa)
            Fifty (50) feet from any adjoining land in a Rural and Agricultural or Residential base zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan;
          2. (bb)
            Six (6) feet from any adjoining street; and
          3. (cc)
            Ten (10) feet from any other land than that in (aa) and (bb), above;
        5. (v)
          All of the parking and loading needs of employees and residents of, and visitors and delivery services to, the site shall be met on the subject property;
        6. (vi)
          All perimeter setback areas of the site shall be buffered or screened in accordance with the provisions of the Landscape Manual. The applicant shall demonstrate that the required buffer yards will provide reasonable sight and sound barriers;
        7. (vii)
          Not less than forty percent (40%) of the site shall be devoted to green area; and
        8. (viii)
          Regulations restricting location, height, coverage, density, frontage, and yards, of buildings and structures, as specified for the zone in which such campus is located, shall not apply to uses or structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given special exception.
        9. (ix)
          Notwithstanding Section 27-5101(b)(2), more than one (1) building may be located on a lot containing a single-family dwelling.
      1. (C)
        Uses
      1.  
        1. (i)
          Only those uses which appear on an approved site plan shall be permitted on the health campus. The District Council may only approve those uses which provide a harmonious, balanced mix of medical, residential, and limited commercial uses, and which are necessary to meet the needs of the campus. Every health campus shall contain a general acute care hospital developed as the core of the campus. Other uses may include, (but need not be limited to) the following:
          1. (aa)
            Medical facilities, including professional offices, medical laboratories and testing facilities, clinical facilities, professional or paramedical training centers, ambulatory care facilities, and accessory uses. Business signs in conjunction with approved medical facilities shall only be permitted in accordance with the provisions of Section 27-61500, Signage, of this Subtitle applicable to the CGO Zone;
          2. (bb)
            Nursing and care homes; medical day care, adult day care, respite care, and day care for sick children (all of which may include areas beyond the health campus as their service area); rental dwelling units for the use of staff, visitors, and elderly or physically disabled persons; one (1) motel or hotel as an integral part of the campus; provided that day care for sick children shall only be provided in a licensed hospital unit.
          3. (cc)
            Retail commercial and service uses (including accessory warehousing and laundry facilities), which are strictly related and subordinate to the medical/residential character of the campus, and which directly serve the residents, employees, and guests of the campus or other campuses or medical facilities. The commercial uses shall be chosen to reflect their local orientation to the immediate campus vicinity, and shall be of such size and scope as to not interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall only be permitted in accordance with the provisions of Section 27-61500, Signage, of this Subtitle applicable to the Commercial zones; and,
          4. (dd)
            Recreational and social uses, such as swimming pools, tennis courts, athletic facilities, community centers, assembly halls, or private educational institutions, limited to use by only campus residents, employees, and guests.
      1. (D)
        Site Plans and Other Submission Requirements
      1.  
        1. (i)
          In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall set forth the:
          1. (aa)
            Use, character, and zoning classification of adjoining properties;
          2. (bb)
            Existing and proposed right-of-way and paving widths of adjoining streets;
          3. (cc)
            Existing and proposed topography of the site at not more than five (5) foot contour intervals;
          4. (dd)
            Existing and proposed drainage patterns;
          5. (ee)
            Existing vegetation and other natural features; and
          6. (ff)
            Proposed provisions for erosion and sediment control and storm water management.
      1. (E)
        Addition of Land
      1.  
        1. (i)
          After the approval of a special exception, any addition of land to the campus shall be the subject of a new special exception application. The site plan accompanying the new application shall include the required information for both the previously approved campus and the proposed additional land. The approval of the new site plan shall nullify the previously approved site plan. The additional land shall be contiguous to an approved health campus, and may contain less than twenty-five (25) acres.
      1. (F)
        Amendment of Site Plan
      1.  
        1. (i)
          Notwithstanding other provisions of this Subtitle concerning revision of site plans, requests to amend a site plan for a health campus shall only be approved by the Planning Board or the District Council under this paragraph (F). The Planning Board is authorized to grant minor changes to site plans for health campuses, subject to appeal to the District Council. Such amendments to site plans may be permitted provided that any of the following three (3) situations exists:
          1. (aa)
            Situation No. 1
            1. (I)
              There is a proposed increase in gross floor area of a building or in land area covered by a structure other than a building (over that approved on the original or amended site plan) which is not greater than ten percent (10%) of the gross floor area or covered land area or 500 square feet, whichever is less, except as provided in paragraph (cc) below; or
            1. (II)
              There is a proposed relocation (in any direction) of any improvement (approved on the original or amended plan) which is not greater than ten percent (10%) of the distance to the boundary line of the special exception or twenty (20) feet, whichever is less.
          2. (bb)
            Situation No. 2
            1. (I)
              There is a proposed expansion or addition of a parking lot or parking garage; or
            2. (II)
              There is a proposed change in a landscape plan.
          3. (cc)
            Situation No. 3
            1. (I)
              There is a proposed increase in gross floor area of the hospital for an addition to the emergency room only; and
            2. (II)
              There is a proposed relocation of the existing helipad of less than 150 feet to accommodate the addition described in paragraph (I), above.
        2. (ii)
          The minor change request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit an amended site plan and Statement of Justification. The Planning Board shall conduct a public hearing and notice shall be provided in the same manner as for the original application.
        3. (iii)
          The Planning Board's decision to amend a site plan may be appealed to the District Council upon petition by any person of record. The petition shall specify the error which is claimed to have been committed by the Planning Board and shall also specify those portions of the record relied upon to support the error alleged. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.
          1. (aa)
            The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the amended site plan, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the site plan, and any additional information or explanatory material deemed appropriate.
          2. (bb)
            Within forty-five (45) days, the District Council shall schedule a public hearing on the appeal or review. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board.
          3. (cc)
            Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the amended site plan to the Planning Board to take further testimony or reconsider its decision. Where the Council approves an amended site plan, it shall make the same findings which are required to be made by the Planning Board.
          4. (dd)
            The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.
        4. (iv)
          Requests to amend the approved site plan in all instances other than those described in paragraph 27-5402(ff)(1)(F)(i), above, shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. Upon receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner within sixty (60) calendar days from the date of filing. The public hearing shall be conducted by the Zoning Hearing Examiner, at which time the applicant, the Planning Board, Technical Staff, and members of the public may comment on the proposed amendment. The hearing shall be conducted in accordance with Section 27-3412, Evidentiary Hearing. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
        5. (v)
          Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
        6. (vi)
          All amendments shall be in conformance with the purposes, regulations, and standards of this Section.
        7. (vii)
          The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a special exception.
        8. (viii)
          The revised site plan shall comply with all applicable requirements of this Subtitle and with any conditions, relating to the use, imposed by the District Council or Planning Board in the approval of the building or use.
        9. (ix)
          When a minor change is approved by the Planning Board, any requirements or conditions deemed necessary to protect adjacent properties and the general neighborhood may be added.
      1. (G)
        Optional Method of Amending Site Plan
      1.  
        1. (i)
          Notwithstanding the provisions of paragraph (F), the procedures in this paragraph (G) may be followed, at the applicant's option, to amend a Special Exception Site Plan for a health campus approved before January 1, 1982, if the application involves at least ten (10) but no more than fifteen (15) acres; if the lots or parcels which are the subject of the application contain a hospital; if all site plan amendments are confined to those lots or parcels; and if the amendments meet all requirements in this paragraph.
        2. (ii)
          The applicant shall meet all filing requirements for site plan amendments under paragraph (F). The application shall be accepted for processing if it is signed by the owner of the subject lots or parcels where the hospital is located and the improvements will be built.
        3. (iii)
          Proposed site plan amendments under this paragraph (G) shall meet the following requirements:
          1. (aa)
            Amendments may not reduce any setbacks required in this Subtitle or the Landscape Manual;
          2. (bb)
            The site plan as amended shall show compliance with all parking and loading requirements in Section 27-6300, Off-Street Parking and Loading;
          3. (cc)
            Amendments may not reduce the green space on the subject lots or parcels below twenty percent (20%) of the area of the subject lots or parcels, but if site plan amendments reduce the greenspace on the subject lots, then the greenspace requirement on all property covered by the special exception shall also be reduced to twenty percent (20%); and
          4. (dd)
            Amendments may show the following improvements only: additions to the hospital building; one medical office building; and parking structures required for the hospital or office building.
        4. (iv)
          The application may be approved administratively by the Planning Director, subject to appeal to the Planning Board, but no further administrative appeal is allowed. Notification and posting shall be provided in the same manner as for the original application. Any person who requests it shall be registered as a person of record and given written notice by first-class mail of the Planning Director's final decision. An appeal to the Planning Board may be filed with the Planning Director by any person of record, within thirty (30) days of the mailing of notice of the decision. The Planning Board shall hear and decide the appeal within sixty (60) days of its filing.
      1. (H)
        Conversion of Hospital to Health Campus
      1.  
        1. (i)
          Requests to convert an existing hospital to a health campus shall be made only for residential property containing a minimum of twenty-five (25) acres and shall be processed in accordance with the requirements for an amendment of a health campus site plan.
  • (gg)
    Hospital; Eleemosynary or Philanthropic Institution; Nursing or Care Home
    1. (1)
      A hospital, eleemosynary or philanthropic institution, or nursing or care home may be permitted, subject to the following:
      1. (A)
        Hospital:
      1.  
        1. (i)
          Total area – Five (5) contiguous acres;
        2. (ii)
          Street frontage – Three hundred (300) feet; and
        3. (iii)
          Setback – Fifty (50) feet from all boundary lines of the special exception.
      1. (B)
        Eleemosynary or philanthropic institution, except exclusively office use:
      1.  
        1. (i)
          Total area – One (1) acre;
        2. (ii)
          Street frontage – One hundred fifty (150) feet;
        3. (iii)
          Setback – Twenty-five (25) feet from all boundary lines of the special exception.
      1. (C)
        Eleemosynary or philanthropic institution, exclusively office use, or office use with one (1) dwelling unit within the main building which is subordinate in floor area to the office use:
      1.  
        1. (i)
          Total area – Twenty thousand (20,000) square feet;
        2. (ii)
          Street frontage – Sixty-five (65) feet;
        3. (iii)
          Setback – Twenty-five (25) feet from all boundary lines of the special exception.
      1. (D)
        Nursing or care home where not more than ten (10) persons are cared for:
      1.  
        1. (i)
          Total area – One-half (1/2) acre;
        2. (ii)
          Street frontage – One hundred fifty (150) feet;
        3. (iii)
          Setback – Twenty-five (25) feet from all boundary lines of the special exception.
      1. (E)
        Nursing or care home in the CGO Zone where eleven (11) or more persons are cared for:
      1.  
        1. (i)
          Total area – Two (2) acres, or three hundred (300) square feet per person cared for, whichever is greater;
        2. (ii)
          Street frontage – One hundred fifty (150) feet;
        3. (iii)
          Setback – Twenty-five (25) feet from all boundary lines of the special exception.
      1. (F)
        Nursing or care home in all other zones where this use is permitted by special exception, where eleven (11) or more persons are cared for:
      1.  
        1. (i)
          Total area – One-half (1/2) acre, plus one thousand (1,000) contiguous square feet for each person cared for above ten (10);
        2. (ii)
          Street frontage – One hundred fifty (150) feet;
        3. (iii)
          Setback – Twenty-five (25) feet from all boundary lines of the special exception.
  • (hh)
    Hotel or Motel
    1. (1)
      A hotel or motel may be permitted (except those covered under Subsection (2), below), subject to the following:
      1. (A)
        The proposed use shall be located in an area which is or is to be developed with a concentration of industrial or office uses;
      2. (B)
        The proposed use shall have frontage on, and direct vehicular access to, a street with a right-of-way width of at least seventy (70) feet;
      3. (C)
        The proposed use may include any of the following accessory uses. All accessory uses, and their square footages, shall be shown on the approved site plan. Notwithstanding any other requirement of this Subtitle, these accessory uses shall be permitted without obtaining a separate special exception:
      1.  
        1. (i)
          Entertainment establishment;
        2. (ii)
          Gift shop;
        3. (iii)
          Beauty shop;
        4. (iv)
        5. (v)
          Auditorium;
        6. (vi)
          Recreational uses;
        7. (vii)
          Sauna, public spa, or steam room;
        8. (viii)
          Solarium;
        9. (ix)
          Valet shop;
        10. (x)
          Similar retail stores and consumer service establishments;
        11. (xi)
        12. (xii)
          Meeting facilities; and
        13. (xiii)
          Lobby and registration area.
      1. (D)
        In reviewing the application, the District Council shall pay particular attention to surrounding existing and proposed land uses and the compatibility of the hotel or motel and its accessory uses with the surrounding area.
    2. (2)
      In the RR Zone, a motel (which may include an accessory swimming pool or public spa for the sole use of transient guests) may be permitted, subject to the following:
      1. (A)
        The subject property shall contain at least five (5) acres;
      2. (B)
        The lot shall have frontage of at least two hundred (200) feet on and vehicular access to a street with a right-of-way width of at least one hundred twenty (120) feet;
      3. (C)
        If the subject property abuts land which is or is to be developed for residential purposes, a substantial, sightly fence at least six (6) feet high shall be constructed and maintained along that part of the property line abutting the residential land;
      4. (D)
        No building, structure, or parking area shall be located less than:
      1.  
        1. (i)
          Fifty (50) feet from the street line or land in a Rural and Agricultural or Residential base zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan;
        2. (ii)
          Twenty-five (25) feet from land in a Nonresidential base zone, or land proposed to be used for commercial or industrial purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan;
        3. (iii)
          Two hundred (200) feet from an existing dwelling; or
        4. (iv)
          One hundred fifty (150) feet from the center line of any street or public right-of-way.
      1. (E)
        Each guest room shall have its own toilet and washroom. Cooking facilities shall be prohibited in the rooms; and
      2. (F)
        A restaurant or coffee shop (without entertainment) shall be permitted as an accessory use, provided the subject property contains at least seven (7) contiguous acres, and that the motel has at least fifty (50) guest rooms. Parking for the restaurant shall be in addition to that required for the motel.
  • (ii)
    Junk Yard
    1. (1)
      A junk yard may be permitted, subject to the following:
      1. (A)
        The use shall be enclosed by a solid, sightly light-tight wall or fence at least eight (8) feet high, and found to be satisfactory by the District Council;
      2. (B)
        The fence shall not be constructed of corrugated metal or fiberglass or sheet metal;
      3. (C)
        Outdoor storage shall not be visible from the ground level beyond the fence; and
      4. (D)
        Interior storage shall be located in a fireproof building.
  • (jj)
    Kennel
    1. (1)
      A kennel may be permitted as a temporary special exception, if adjacent areas are predominantly undeveloped.
    2. (2)
      The District Council shall determine the period of time for which the special exception is valid, except in the AG Zone where the special exception shall be renewed every three (3) years.
    3. (3)
      In the AG Zone, the subject property shall contain at least ten (10) contiguous acres.
    4. (4)
      Those parts of structures in which animals are boarded shall be fully enclosed and sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
    5. (5)
      All boarded animals shall be kept within a totally-enclosed part of the structures between the hours of 10:00 p.m. and 8:00 a.m.
    6. (6)
      Any open exercise runs or pens shall be at least 75 feet from any lot line, with a Type B bufferyard provided between the run or pen and the property line, in accordance with the Landscape Manual.
  • (kk)
    Landscaping Contractor's Business
    1. (1)
      A landscaping contractor's business may be permitted, subject to the following:
      1. (A)
        The subject property shall contain at least twenty-five (25) contiguous acres. The District Council may reduce this area requirement to no less than five (5) contiguous acres provided:
      1.  
        1. (i)
          In addition to the justification statement, the applicant files an impact statement explaining the scope of the business, including without limitation, the number of employees, the number and type of trucks and other vehicles and the provisions to protect adjoining and adjacent residential properties from noise, vibration, visual, odor, or other adverse effects; and
        2. (ii)
          The District Council determines, from the impact statement and evidence in the record, that landscaping, screening, buffering, green area, or special conditions on the subject property will adequately protect adjoining and adjacent residential properties.
      1. (B)
        The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic to be generated by the business;
      2. (C)
        Vehicular access to the subject property shall not be by means of streets internal to residential subdivisions;
      3. (D)
        All business operations (except the outdoor growing of nursery stock) shall be located at least two hundred (200) feet from any abutting land in any Rural and Agricultural or Residential base zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan. The District Council may waive this setback requirement if it determines that the buffer yard required in the Landscape Manual will adequately protect abutting residential land. These operations shall be screened from the view of the abutting residential land in accordance with the Landscape Manual; and
      4. (E)
        Outdoor storage of equipment and materials (except nursery stock) shall not be visible from a street.
  • (ll)
    Marinas and Marina Expansions
    1. (1)
      New marinas may be permitted, subject to the following:
      1. (A)
        The use is not located within the Buffer in any Resource Conservation Area;
      2. (B)
        The use shall comply with the sanitary requirements of the State Department of Health and Mental Hygiene, as required in Code of Maryland Regulations 10.17.02, and all other State and local Chesapeake Bay Critical Area regulations;
      3. (C)
        A means of minimizing the discharge of bottom wash waters from dry dock facilities into tidal waters shall be established;
      4. (D)
        It shall be demonstrated that there will be adequate all-weather access from the landward side to accommodate all proposed facilities;
      5. (E)
        It shall be demonstrated that there will be safe boating access from the marina to cruising waters;
      6. (F)
        The facilities shall be in conformance with the locational requirements set forth in the Area Master Plan or Sector Plan, if applicable;
      7. (G)
        Only those facilities that require access to the water may be located within the Buffer;
      8. (H)
        To the extent possible, wetlands shall be preserved, and development shall be located in the upland areas;
      9. (I)
        Significant fish spawning grounds and shellfish harvesting areas shall be protected;
      10. (J)
        An economic feasibility study that justifies the uses, size, and types of boats that are included within the facility shall be submitted with the application;
      11. (K)
        The boundaries of water and land which will receive ingress and egress of boats or similar waterborne vehicles associated with the marina shall be shown in the application submittals;
      12. (L)
        Prior to the issuance of a building permit, evidence that the required State and federal permits and approvals have been addressed shall be placed in the County's official Special Exception file;
      13. (M)
        It shall be demonstrated that the use will not adversely affect water quality;
      14. (N)
        The use is water-dependent, pursuant to the definition of water-dependent uses set forth in COMAR 14.15.03.01 and the criteria of COMAR 14.15.03.04.B, or, if the use is not water-dependent, structures or activities shall be located outside the Buffer insofar as possible;
      15. (O)
        The use meets a recognized public or private need;
      16. (P)
        Adverse effects on water quality and on fish, plant, and wildlife habitats are minimized;
      17. (Q)
        The use is consistent with the approved Area Master Plan or Sector Plan for the area;
      18. (R)
        The activities will not significantly alter existing water circulation patterns or salinity regimes;
      19. (S)
        The water body upon which these activities are proposed has adequate flushing characteristics in the area;
      20. (T)
        Disturbance to wetlands, submerged aquatic plant beds, or other areas of important habitats will be minimized;
      21. (U)
        Dredging shall be conducted in a manner, and using a method, which causes the least disturbance to water quality and aquatic and terrestrial habitats in the area immediately surrounding the dredging operation or within the Critical Area, generally;
      22. (V)
        Dredged spoil will not be placed within the Buffer or elsewhere in that portion of the Chesapeake Bay Critical Area Overlay (CBCAO) Zone which has been designated as a Habitat Protection Area, except as necessary for:
      1.  
        1. (i)
          Backfill for permitted shore erosion protection measures;
        2. (ii)
          Use in approved vegetated shore erosion projects;
        3. (iii)
          Placement on previously approved channel maintenance spoil disposal areas; and
        4. (iv)
          Beach nourishment.
      1. (W)
        Interference with the natural transport of sand will be minimized.
    2. (2)
      Existing marinas may be expanded, subject to the following:
      1. (A)
        The use shall be in compliance with the above requirements for new marinas; and
      2. (B)
        It shall be demonstrated that the expansion will result in an overall net improvement in water quality.
  • (mm)
    Massage Establishment
    1. (1)
      A massage establishment may be permitted, subject to the following:
      1. (A)
        The structure in which the use is proposed shall be located at least one thousand (1,000) feet from any land in any Rural and Agricultural or Residential base zone, land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan, or any school, library, park, recreational facility, or place of worship.
  • (nn)
    Reserved.
  • (oo)
    Medical/Residential Campus
    1. (1)
      A medical/residential campus for retirement-aged persons may be permitted, subject to the following:
      1. (A)
        General Requirements
      1.  
        1. (i)
          The campus shall primarily serve needs of the retirement-aged community. Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council and filed in the land records at the time the final subdivision plat is recorded;
        2. (ii)
          The campus shall achieve a balanced residential/medical environment which is unique to the neighborhood in which it is located, and which cannot be achieved through the use of conventional zoning proposals;
        3. (iii)
          Residences shall be functionally, physically, and architecturally integrated with service and recreational/activity centers;
        4. (iv)
          Medical services (if any) shall be conveniently located for the residents; and
        5. (v)
          Commercial or service-oriented uses shall be grouped together, and shall be located near the population being served.
      1. (B)
        Specific Requirements
      1.  
        1. (i)
          The subject property shall contain at least twenty-five (25) contiguous acres;
        2. (ii)
          The site shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate any traffic generated by the campus;
        3. (iii)
          All buildings, structures, off-street parking compounds, and loading areas shall be located at least:
          1. (aa)
            One hundred (100) feet from any adjoining land in a Rural and Agricultural and Residential Base Zone, or land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan;
          2. (bb)
            Fifty (50) feet from all other adjoining property lines (except street lines); and
          3. (cc)
            Twenty-five (25) feet from all adjoining street lines;
        4. (iv)
          All perimeter areas of the site shall be buffered or screened in accordance with the provisions of the Landscape Manual, and the applicant shall demonstrate that the required buffer yards will provide reasonable sight and sound barriers;
        5. (v)
          Not less than forty percent (40%) of the site shall be devoted to green area;
        6. (vi)
          Regulations concerning the height of structure, lot size and coverage, frontage, setbacks, density, and other requirements of the specific zone in which such campus is to be located, shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for development under a given special exception; and
        7. (vii)
          Notwithstanding Section 27-5101(b)(2), more than one (1) dwelling may be located on a lot containing a single-family dwelling.
        8. (viii)
          Prior to approval of a special exception for a medical/residential campus for property for which a subdivision is not approved for the entire property in accordance with the proposed medical/residential campus site plan, the applicant shall demonstrate to the satisfaction of the Zoning Hearing Examiner or of the District Council that the entire development and use meet the following criteria:
          1. (aa)
            Transportation facilities (including streets and public transit) which are existing, which are under construction, or for which one hundred percent (100%) of the construction funds are allocated within the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, or will be provided by the applicant, will be adequate to carry the anticipated traffic generated by the development based on the maximum proposed density. The uses proposed will not generate traffic which would lower the level of service anticipated by the land use and circulation systems shown on the approved General Plan, the applicable Area Master Plan or Sector Plan, or Urban Renewal Plans;
          2. (bb)
            Other existing or planned private and public facilities which are existing, under construction, or for which construction funds are contained in the first six (6) years of the adopted County Capital Improvement Program (such as public safety, recreation areas, water and sewerage systems, libraries, and fire stations, but excluding schools) will be adequate for the uses proposed; and
          3. (cc)
            Notwithstanding subparagraphs (aa) and (bb), above, where the application anticipates a construction schedule of more than six (6) years, public facilities (existing or scheduled for construction within the first six (6) years) will be adequate to serve the development proposed to occur within the first six (6) years. The Zoning Hearing Examiner or the Council shall also find that public facilities will probably be adequately supplied for the remainder of the project. In considering the probability of future public facilities construction, the Zoning Hearing Examiner or the Council may consider such things as existing plans for construction, budgetary constraints on providing public facilities, the public interest and public need for the particular development, the relationship of the development to public transportation, or any other matter that indicates that public or private funds will likely be expended for the necessary facilities.
      1. (C)
        Uses
      1.  
        1. (i)
          Only those uses which appear on an approved site plan shall be permitted on the medical/residential campus. The District Council may only approve those uses which provide a harmonious, balanced mix of medical, residential, and limited commercial uses primarily serving campus residents, and public, quasi-public, and medical services for the off-campus retirement-aged community. Other uses may include (but need not be limited to) the following:
          1. (aa)
            Dwellings, nursing and care homes, and assisted living facilities for the elderly or physically disabled;
          2. (bb)
            Medical facilities, including professional offices, laboratories, clinics, professional or paramedical training centers, and ambulatory care facilities. Business signs in conjunction with approved medical facilities shall be permitted in accordance with the provisions of Section 27-61500, Signage, applicable to the CGO Zone;
          3. (cc)
            Retail commercial uses which are strictly related and subordinate to the residential/medical character of the campus and which directly serve the residents and employees of, or visitors to, the center. The uses should be chosen to reflect their local orientation to the immediate campus vicinity and should be of a size and scope so as not to interfere with existing or proposed retail uses located in the off-campus area. Business signs in conjunction with retail commercial uses shall be permitted in accordance with the provisions of Section 27-61500, Signage, of this Subtitle applicable to the CGO Zone; and
          4. (dd)
            Recreational and social uses, such as athletic facilities, community centers, and assembly halls, limited to use only by campus residents, employees, and guests.
      1. (D)
        Site Plan and Other Submission Requirements
      1.  
        1. (i)
          In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall set forth:
          1. (aa)
            Existing and proposed topography at not more than five (5) foot contour intervals;
          2. (bb)
            Existing and proposed drainage patterns;
          3. (cc)
            Existing vegetation and other natural features; and
          4. (dd)
            Proposed provisions for sediment control and storm water management.
      1. (E)
        Addition of Land
      1.  
        1. (i)
          After the approval of a Special Exception, any addition of land to the campus shall be the subject of a new Special Exception application. The site plan accompanying the new application shall include the required information for both the previously approved campus and the proposed additional land. The approval of the new site plan shall nullify the previously approved site plan. The additional land shall be contiguous to an approved medical/residential campus, and may be less than twenty-five (25) acres.
      1. (F)
        Amendment of Site Plan
      1.  
        1. (i)
          Notwithstanding other provisions of this Subtitle concerning the revision of site plans, requests to amend a site plan for a medical/residential campus shall only be approved by the District Council, and in accordance with this Subsection.
        2. (ii)
          Requests to amend the approved site plan shall be filed concurrently with the Clerk of the Council and the office of the Planning Board. After receipt of the request by the Clerk, the Office of the Zoning Hearing Examiner shall schedule a public hearing, which shall occur not less than sixty (60), nor more than one hundred twenty (120), days after receipt of the request. The request shall be reviewed by the Technical Staff, taking into consideration the requirements of this Subtitle. The Technical Staff shall submit its recommendations to the Zoning Hearing Examiner within sixty (60) calendar days from the date of filing. The public hearing shall be conducted by the Zoning Hearing Examiner, in accordance with Sec 27-3412, Evidentiary Hearing, at which time the applicant, Planning Board, Technical Staff, and members of the public may comment on the proposed amendments. The property shall be posted with a sign in the same manner as required for original applications. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
        3. (iii)
          All amendments shall be in conformance with the purposes, regulations, and standards of this Section.
          1. (aa)
            The approved amended site plan shall become the official site plan, as if it had been approved as a part of the original application for a special exception.
  • (pp)
    Mobile home
    1. (1)
      A mobile home may be permitted, subject to the following:
      1. (A)
        The mobile home shall be restricted to use as a single-family detached dwelling, and be subject to all requirements of this Subtitle applicable to a single-family detached dwelling in the zone in which the mobile home is located;
      2. (B)
        The mobile home (and all of its enclosed extensions) shall be situated on, and securely anchored to, a mobile home stand;
      3. (C)
        The mobile home (and all of its extensions) shall be suitably treated so that the undercarriage is hidden from view;
      4. (D)
        The wheels of the mobile home shall be removed;
      5. (E)
        The proposed use shall not detract from the aesthetics of the surrounding neighborhood; and
      6. (F)
        The District Council may impose architectural, structural, or other requirements in order to give the mobile home the appearance of a permanent single-family detached dwelling.
  • (qq)
    Model Studio
    1. (1)
      A model studio may be permitted only if the applicant establishes the following, by clear evidence:
      1. (A)
        The proposed use will not tend to create a nuisance for other uses on the subject property, or for adjacent properties or neighborhood residents, because of traffic, parking problems, noise, or lights on the subject property, and the hours of operation of the use.
  • (rr)
    Nonconforming Buildings, Structures, and Uses; Alteration, Enlargement, Extension, or Reconstruction.
    1. (1)
      The alteration, enlargement, extension, or reconstruction of any nonconforming building or structure, or certified nonconforming use (except those certified nonconforming uses not involving buildings, those within the Chesapeake Bay Critical Area Overlay (CBCAO) Zone as specified in paragraph (G), below, unless otherwise provided, and except for outdoor advertising signs), may be permitted subject to the following:
      1. (A)
        A nonconforming building or structure, or a building or structure utilized in connection with a certified nonconforming use, may be enlarged in height or bulk, provided that the requirements of Section 27-6300, Off-Street Parking and Loading, are met with respect to the area of the enlargement.
      2. (B)
        A certified nonconforming use may be extended throughout a building in which the use lawfully exists, or to the lot lines of the lot on which it is located, provided that:
      1.  
        1. (i)
          The lot is as it existed as a single lot under single ownership at the time the use became nonconforming; and
        2. (ii)
          The requirements of Section 27-6300, Off-Street Parking and Loading, are met with regard to the extended area.
      1. (C)
        A certified nonconforming use may be reconstructed, provided that:
      1.  
        1. (i)
          The lot on which it is reconstructed is as it existed as a single lot under single ownership at the time the use became nonconforming;
        2. (ii)
          Either the nonconforming use is in continuous existence from the time the special exception application has been filed through final action on the application, or the building was destroyed by fire or other calamity more than one (1) calendar year prior to the filing date;
        3. (iii)
          The requirements of Section 27-6300, Off-Street Parking and Loading, are met with respect to the entire use; and
        4. (iv)
          The special exception shall terminate unless a building permit for the reconstruction is issued within one (1) calendar year from the date of special exception approval, construction in accordance with the building permit begins within six (6) months from the date of permit issuance (or lawful extension), and the construction proceeds to completion in a timely manner.
      1. (D)
        When not otherwise allowed, a certified nonconforming use may be otherwise altered by the addition or relocation of improvements, such as fencing, landscaping, off-street parking and loading areas, and outdoor trash enclosures, or the relocation of buildings or other improvements within the boundary lines of the lot as it existed as a single lot under single ownership at the time the use became nonconforming.
      2. (E)
        Any new, or any addition to, or alteration or relocation of an existing building or other improvement (which is either nonconforming or utilized in connection with a certified nonconforming use), shall conform to the building line, setback, yard, and height regulations of the zone in which the certified nonconforming use is located. The District Council may further restrict the location and bulk of the building or structure where the evidence so warrants. If the use is presently permitted by special exception in the zone, the new building, improvement, or addition shall conform to all of the physical requirements of the specific special exception use.
      3. (F)
        The District Council may grant this special exception for property within a 100-year floodplain only after it has determined that the proposed enlargement, extension, reconstruction, or alteration will:
      1.  
        1. (i)
          Not require additional filling in the floodplain;
        2. (ii)
          Not result in an increase in elevation of the 100-year flood; and
        3. (iii)
          Conform with all other applicable requirements of this Subtitle and of Division 2 of Subtitle 4: Building, of this Code, entitled "Construction or Changes in Floodplain Areas."
      1. (G)
        In a Chesapeake Bay Critical Area Overlay (CBCAO) Zone, a special exception shall not be granted where the existing lot coverage in the CBCA) exceeds that allowed by Section 27-4402(a)(3), Modified Use Standards for CBCAO Zones, and which would result in a net increase in the existing lot coverage in the CBCAO. In addition, a special exception shall not be granted which would result in converting a property which currently meets the lot coverage in the CBCA requirements of Section 27-4402(a)(3), Modified Use Standards for CBCAO Zones, to a nonconforming status regarding lot coverage in the CBCAO, except if a finding of extenuating circumstances is made, such as the necessity to comply with other laws and regulations.
    2. (2)
      Applications for this Special Exception shall be accompanied by a copy of the Use and Occupancy Permit for the certified nonconforming use, as provided for in Section 27-7102, Continuation.
    3. (3)
      In a CBCAO Zone, in order to permit the alteration, enlargement, extension, or reconstruction of any nonconforming building or structure or nonconforming use, the District Council shall find that:
      1. (A)
        Special conditions or circumstances exist that are peculiar to the subject land or structure and that a literal enforcement of the overlay zone provisions would result in unwarranted hardship;
      2. (B)
        A literal interpretation of the County's Critical Area Program regulations would deprive the Applicant of rights commonly enjoyed by other properties in similar areas within the CBCAO Zones;
      3. (C)
        The granting of a special exception would not confer upon an applicant any special privilege that would be denied by this Subtitle to other lands or structures within the CBCAO Zones;
      4. (D)
        The request for a special exception is not based upon conditions or circumstances which are the result of actions by the applicant, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property;
      5. (E)
        The granting of a special exception would not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Chesapeake Bay Critical Area, and that the granting of the variance would be in harmony with the general spirit and intent of the applicable laws within the Chesapeake Bay Critical Area; and
      6. (F)
        The application for a special exception has been made in writing to the District Council or Zoning Hearing Examiner, if applicable, with a copy provided to the Chesapeake Bay Critical Area Commission.
  • (ss)
    Paper and Paperboard Products
    1. (1)
      The manufacturing of paper and paperboard products may be permitted, subject to the following:
      1. (A)
        All operations shall be located in a wholly enclosed building;
      2. (B)
        An impact statement shall be submitted explaining:
      1.  
        1. (i)
          The scope of the operation;
        2. (ii)
          The provisions proposed for the control of noxious odors;
        3. (iii)
          The pollution control measures to be taken; and
        4. (iv)
          The compatibility of the use with the surrounding area.
  • (tt)
    Paper Recycling Collection Center
    1. (1)
      The collection, storage, and shipping of recyclable paper may be permitted, subject to the following:
      1. (A)
        The subject property shall have frontage on, and direct vehicular access to, an existing street with sufficient capacity to accommodate the type and amount of traffic expected to be generated by the proposed use;
      2. (B)
        All operations shall be confined to the interior of a wholly enclosed building. There shall be no outdoor storage;
      3. (C)
        The property shall be kept clean and free from debris;
      4. (D)
        An impact statement shall be submitted explaining:
      1.  
        1. (i)
          The scope of the operation;
        2. (ii)
          The proposed hours of operation;
        3. (iii)
          The type and amount of traffic expected to be generated; and
        4. (iv)
          The compatibility of the use with the surrounding area;
      1. (E)
        The proposed use of the subject property shall be appropriate, given the nature of development and uses of adjacent properties and in the general neighborhood.
  • (uu)
    Parking of Commercial Vehicles
    1. (1)
      A commercial vehicle having a manufacturer's gross vehicle weight specification of greater than 17,000 pounds may be permitted, subject to the following:
      1. (A)
        Where possible, the vehicle should be parked at least three hundred (300) feet from any dwelling on any adjoining lot, existing at the time of application;
      2. (B)
        The applicant shall demonstrate that the anticipated noise levels will not be detrimental to the use of adjacent properties; and
      3. (C)
        The vehicle shall be adequately screened from adjacent residentially zoned properties.
  • (vv)
    Pawnshop
    1. (1)
      A pawnshop may be permitted by special exception, subject to the following:
      1. (A)
        The structure in which the use is proposed shall be located at least three hundred (300) feet from any school, library, park, recreational facility, and Historic Site, resource, or district identified on the current Adopted Historic Sites and District Plan, or National Register Site or Historic District.
      2. (B)
        As a part of the special exception approval, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood and any other uses on the subject property.
      3. (C)
        No special exception shall be permitted for a pawnshop located within 2,000 feet of another pawnshop.
      4. (D)
        Parking of motor vehicles pledged as collateral permitted on the subject property shall be in addition to parking required pursuant to Sec. 27-6300, Off-Street Parking and Loading.
  • (ww)
    Place of Worship
    1. (1)
      A church or similar place of worship may be permitted, subject to the following:
      1. (A)
        The minimum setback for all buildings shall be twenty-five (25) feet from each lot line;
      2. (B)
        When possible, ingress and egress should be located so as to direct traffic away from streets that are internal to a residential subdivision;
      3. (C)
        The applicant shall satisfactorily demonstrate that parking and traffic will not adversely affect adjacent residential neighborhoods;
      4. (D)
        When possible, there should be no parking spaces or loading areas located in the front yard; and
      5. (E)
        The maximum allowable lot coverage for the zone in which the use is proposed shall not be increased.
  • (xx)
    Planned Retirement Community
    1. (1)
      A planned retirement community may be permitted, subject to the following criteria:
      1. (A)
        Findings for Approval
      1.  
        1. (i)
          The District Council shall find that:
          1. (aa)
            The proposed use will serve the needs of the retirement-aged community;
          2. (bb)
            The proposed use will not adversely affect the character of the surrounding residential community; and
          3. (cc)
            In the AR Zone, there shall be a demonstrated need for the facility and an existing medical facility within the defined market area of the subject property.
      1. (B)
        Site Plan
      1.  
        1. (i)
          In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall set forth the proposed traffic circulation patterns.
      1. (C)
        Regulations
      1.  
        1. (i)
          Regulations restricting the height of structures, lot size and coverage, frontage, setbacks, density, dwelling unit types, and other requirements of the specific zone in which the use is proposed shall not apply to uses and structures provided for in this Section. The dimensions and percentages shown on the approved site plan shall constitute the regulations for a given special exception.
        2. (ii)
          The subject property shall contain at least ten (10) contiguous acres.
        3. (iii)
          The average number of dwelling units per acre shall not exceed eight (8) for the gross tract area.
        4. (iv)
          In the AR Zone, buildings shall not exceed three (3) stories.
      1. (D)
        Uses
      1.  
        1. (i)
          The planned retirement community shall include a community center or meeting area, and other recreational facilities which the District Council finds are appropriate. These recreational facilities shall only serve the retirement community. The scope of the facilities shall reflect this fact. The Council may only permit a larger facility which serves more than the retirement community if the facility is harmoniously integrated with the retirement community and the surrounding neighborhood. All recreational facilities shall be constructed prior to, or concurrent with, the construction of the residential units, or in accordance with a schedule approved by the District Council.
        2. (ii)
          Retail commercial uses, medical uses, health care facilities, and other uses which are related to the needs of the community may be permitted.
      1. (E)
        Residents' Age
      1.  
        1. (i)
          Age restrictions in conformance with the Federal Fair Housing Act shall be set forth in covenants submitted with the application and shall be approved by the District Council, and filed in the land records at the time the final subdivision plat is recorded.
      1. (F)
        Recreational Facilities
      1.  
        1. (i)
          Covenants guaranteeing the perpetual maintenance of recreational facilities, and the community's right to use the facilities, shall be submitted with the application. The covenants shall be approved by the District Council, and shall be filed in the land records at the time the subdivision plat is recorded. If the recreational facilities are to be part of a condominium development, a proposed condominium declaration showing the recreational facilities as general common elements shall be approved by the District Council, and shall be recorded (pursuant to Title II of the Real Property Article of the Annotated Code of Maryland) at the time the subplat is recorded.
  • (yy)
    Private School
    1. (1)
      A private school which offers instruction at levels above the sixth grade may be permitted, subject to the following:
      1. (A)
        There is a demonstrated need for the proposed use in the area;
      2. (B)
        The proposed site is of sufficient size to properly accommodate a school of the type proposed without adversely affecting abutting land uses;
      3. (C)
        No private school shall be located in a multifamily dwelling or in any building of a multifamily project;
      4. (D)
        The Council may specify the maximum number of students to be enrolled, which may not be increased by State or local health, education, or fire regulations; and
      5. (E)
        If the school offers general academic instruction below college level, an outdoor play area (or other outdoor activity area) shall be provided, which shall have a usable space of at least one hundred (100) square feet per student. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least five (5) feet high.
    2. (2)
      A private school which offers a partial or complete program of elementary school (including kindergarten) or nursery school may be permitted, subject to the following:
      1. (A)
        The Council may specify the maximum number of children to be enrolled, which may not be increased by State or local health, education, or fire regulations.
      2. (B)
        An outdoor play area shall be provided, which shall have a usable space of at least one hundred (100) square feet per child. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least three (3) feet high;
      3. (C)
        No private school, other than a nursery school, shall be located in any multifamily dwelling or in any building of a multifamily project;
      4. (D)
        In the CS, IE, and IH zones, a day care center for children shall be allowed only if the Council finds that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed use.
    3. (3)
      In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show:
      1. (A)
        The character of the proposed use;
      2. (B)
        The proposed enrollment;
      3. (C)
        The location of all dwellings located on adjoining lots; and
      4. (D)
        The location and size of outdoor play (or activity) areas.
    4. (4)
      Any private school which has, on or before the effective date of this Ordinance, fully complied with the provisions of this Subtitle in effect at that time shall not be required to meet the requirements of this Section, provided that the school has not been expanded, or the use changed, since that time. Any expansion or change shall be governed by the provisions of this Section, or of Section 27-5102(d)(3)(B), Private School.
    5. (5)
      For the purposes of this Section, enrollment shall mean the total number of students enrolled in the school at any one time. If there are separate morning, afternoon, and evening sessions, each one of which is attended by different students, enrollment shall mean the number of students enrolled in the session having the largest number of students.
    6. (6)
      Medical uses, including, but not limited to medical practitioners' offices, education programs, medical clinics and laboratories may be permitted on a property with an approved special exception for a private school, provided that a separate Health Campus operating pursuant to an approved special exception is located within 500 feet of the property which is approved as a private school, and is in accordance with the following:
      1. (A)
        An additional medical use may locate on the campus of an existing private school, as a permitted use, and shall not require an amendment to the approved special exception for the private school use, provided that the additional medical use is located within a building on the private school campus that was constructed prior to January 1, 2016.
      2. (B)
        If additional parking is required to accommodate the additional medical use, the parking may be approved in accordance with the provisions of Section 27-3604(i)(4), All Other Changes, of this Subtitle.
      3. (C)
        An amendment to an approved Special Exception for a private school is required for an additional medical use on the campus of an existing private school that is located within a building constructed after January 1, 2016, or located within an addition to an existing building on the private school campus, in accordance with Section 27-3604(i), Changes to Approved Special Exception, of this Subtitle.
  • (zz)
    Public Utility Use or Structure
    1. (1)
      A public utility use or structure may be permitted, subject to the following:
      1. (A)
        The use, at the location selected, is necessary for public convenience and service, and cannot be supplied with equal public convenience if located elsewhere;
      2. (B)
        Public utility buildings and structures in any Rural and Agricultural or Residential base zone, or on land proposed to be used for residential purposes in the RMH Zone shall (whenever feasible) have the exterior appearance of residential buildings;
      3. (C)
        Overhead lines, poles, radio or television transmitter towers, and other towers shall not be located in airport approach areas; and
      4. (D)
        In Rural and Agricultural or Residential base zones, or on land proposed to be used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan, telephone, radio, or television transmission towers shall be set back (from the boundary line of the special exception) a distance equal to its height (measured from its base) plus fifty (50) feet.
  • (aaa)
    Racetracks, Pari-Mutuel
    1. (1)
      A pari-mutuel racetrack (for horse racing) may be permitted, subject to the following:
      1. (A)
        The subject property shall contain at least one hundred (100) contiguous acres;
      2. (B)
        A racetrack may be used for any of the following:
      1.  
        1. (i)
          Temporary living accommodations, such as trailer pads, mobile homes, and utility hookups, which are used during the permitted racing season by employees, horsemen, owners, or other persons employed in connection with the racetrack, and their families, for not more than two hundred eighteen (218) cumulative days per calendar year;
        2. (ii)
          One (1) circus and one (1) fair per calendar year (in addition to benefit functions and performances permitted below), not to exceed a twenty (20) calendar-day period for each;
        3. (iii)
          Trade shows, such as automobile, boat, agricultural, and science shows; exhibitions such as art, handicraft, or antique shows; auctions, flea markets, fashion shows, beauty pageants;
        4. (iv)
          Dog, cat, horse shows, and rodeos;
        5. (v)
          Government-sponsored events and educational conferences;
        6. (vi)
          Benefit functions (including but not limited to carnivals and bazaars) sponsored and managed by charitable, patriotic, fraternal, educational, religious, political, or civic organizations that are local to or serve Prince George's County;
        7. (vii)
          Dinner theaters;
        8. (viii)
          Tennis, handball, and other racquet facilities; horse boarding and horse riding instruction, track meets, and jousting tournaments; and
        9. (ix)
          Accessory buildings and uses.
      1. (C)
        The Zoning Enforcement Officer shall investigate all complaints about uses and shall forward a report on them (with or without recommendation) to the District Council. The District Council may, after giving notice to the property owner and following a public hearing held by the Zoning Hearing Examiner in accordance with Section 27-3412, Evidentiary Hearing, revoke, suspend, modify, or impose conditions upon any of the uses granted, upon a finding that the use adversely affects the health or safety of the residents or workers in the area or is detrimental to the use or development of adjacent properties or the general neighborhood. The following procedures shall apply:
      1.  
        1. (i)
          After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
        2. (ii)
          Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
        3. (iii)
          Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
  • (bbb)
    Recreational Campground
    1. (1)
      A recreational campground may be permitted, subject to the following:
      1. (A)
        The campground shall be reasonably accessible to an improved public street, and access shall not be by means of streets internal to residential subdivisions for single-family dwellings. Access to campsites shall be provided by well-maintained driveways within the campground. No vehicular access shall be located within three hundred (300) feet of any school, fire station, or hospital;
      2. (B)
        The subject property shall contain at least five (5) acres;
      3. (C)
        Active recreational areas, consisting of facilities such as swimming pools, children's playgrounds, fishing and boating ponds, shuffleboard courts, tennis courts, bike trails, and golfing facilities shall take up at least ten percent (10%) of the gross campground area, and shall be located at least fifty (50) feet from all boundary lines of the special exception.
      4. (D)
        Camping trailers shall be parked only on designated campsites, which shall be at least thirty (30) feet wide and contain at least one thousand six hundred (1,600) square feet each. No campsite shall be located less than one hundred (100) feet from any street line or fifty (50) feet from any other boundary line of the special exception or any structure (other than a utility structure or campsite shelter) in the campground;
      5. (E)
        Retail, service, and commercial recreational activities (including a public spa), which only serve the customary needs of campers, are permitted, provided that:
      1.  
        1. (i)
          The uses are secondary to the campground;
        2. (ii)
          The uses are internally oriented;
        3. (iii)
          The uses do not have direct access to a public street; and
        4. (iv)
          The uses do not display separate signs (from any signs for the campground) which are visible from a street.
      1. (F)
        No camping trailer shall be located in a recreational campground for an indefinite period of time. No camping trailer temporarily parked in a campground may be occupied for more than three (3) months in any twelve (12) month period. The wheels of a camping trailer may only be removed for temporary purposes of repair or to attach the trailer to the ground for stabilization;
      2. (G)
        Campsites shall not be located on slopes which exceed fifteen percent (15%). Existing vegetation shall be cleared only when necessary for campground facilities and only in accordance with the approved site plan; and
      3. (H)
        In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show:
      1.  
        1. (i)
          The physical characteristics of the site (including existing and planned topography and major stands of trees);
        2. (ii)
          The proposed type and location of campsites (including designated walk-in sites);
        3. (iii)
          Proposed pedestrian pathways and bikeways; and
        4. (iv)
          A description of the utilities to be provided.
  • (ccc)
    Recycling Plant
    1. (1)
      A recycling plant for textiles, rubber products, nonferrous metals, or miscellaneous materials may be permitted, subject to the following;
      1. (A)
        All operations shall be confined to the interior of a wholly enclosed building;
      2. (B)
        There shall be no outside storage of materials used in the operation;
      3. (C)
        An impact statement shall be submitted explaining:
      1.  
        1. (i)
          The scope of the operation;
        2. (ii)
          The provisions proposed for control of any noxious odors;
        3. (iii)
          The pollution control measures to be taken; and
        4. (iv)
          The compatibility of the use with the surrounding area.
  • (ddd)
    Rifle, Pistol, or Skeet Shooting Range
    1. (1)
      In the AG, AR, and RR zones, a pistol or outdoor rifle or skeet shooting range may be permitted, if adjacent areas are predominantly undeveloped.
    2. (2)
      In the CGO Zone, an indoor pistol or rifle range may be permitted, subject to the following:
      1. (A)
        An impact statement shall be submitted explaining:
      1.  
        1. (i)
          The scope of the proposed operation;
        2. (ii)
          Provisions to be taken for soundproofing and safety; and
        3. (iii)
          The compatibility of the use with the surrounding uses and the general neighborhood.
      1. (B)
        The use shall be incidental to a sporting goods shop;
      2. (C)
        The use shall be wholly enclosed; and
      3. (D)
        The proposed safety measures are adequate, taking into account the location of the proposed use, the scope of the operation, and the nature and proximity of surrounding uses.
  • (eee)
    Sand and Gravel Wet-Processing
    1. (1)
      Wet-processing of sand and gravel (including only washing, screening, classifying, crushing, and stockpiling of natural materials), may be permitted, subject to the criteria below:
      1. (A)
        The subject property shall contain at least fifty (50) contiguous acres. This minimum acreage requirement may be waived by the District Council, provided the property has direct vehicular access to an existing four (4) lane highway.
      2. (B)
        Initially, the special exception shall be valid for twenty (20) years, unless the District Council grants some lesser time period. Extensions of specific periods may be granted if a new special exception application is filed and no substantial adverse impact is found in the continuation of the use. When the subject property is in a Rural and Agricultural or Residential base zone, extensions of time may be granted only where the area surrounding the property is not substantially developed with incompatible uses.
      3. (C)
        Fixed installations that involve washing, screening, classifying, and crushing facilities, and parking and storage areas for trucks and heavy equipment, shall be located at least four hundred (400) feet from all boundary lines of the subject property; fixed installations that involve automobile parking, and settling ponds shall be located at least two hundred (200) feet from all boundary lines of the subject property; and nonstructural installations that involve stockpiles of natural material shall be located at least three hundred (300) feet from all boundary lines of the subject property. The District Council may waive the three hundred (300) foot setback for stockpiles of natural material when it determines that adequate screening and buffering are being provided.
      4. (D)
        The site plan and information accompanying the application for special exception shall be reproducible, or twelve (12) copies shall be submitted. In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show:
      1.  
        1. (i)
          The location of all washing, screening, classifying, and crushing facilities;
        2. (ii)
          The location of all natural material stockpiles;
        3. (iii)
          The internal traffic circulation system;
        4. (iv)
          The parking and storage areas for all vehicles and equipment;
        5. (v)
          The settling ponds and water bodies;
        6. (vi)
          The source of water to be used in the operation; and
        7. (vii)
          The identification of the trucks and heavy equipment to be used in the plant operation.
      1. (E)
        All applications for special exception shall be accompanied by the following:
      1.  
        1. (i)
          A stormwater concept plan approved pursuant to Section 4-322 of this Code;
        2. (ii)
          A preliminary noise assessment;
        3. (iii)
          A horizontal profile illustrating all structures and stockpiles; and
        4. (iv)
          A grading plan that illustrates existing and proposed topography.
      1. (F)
        At least thirty (30) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion with the original application, and send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation, and shall identify the streets to be used between the site and the nearest other street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street.
      2. (G)
        Driveways for ingress and egress shall be identified on the site plan, and shall be located so as to not endanger pedestrians or create traffic hazards. The applicant shall identify the dust-control measures to be used on the driveways and the interior traffic circulation system. Any ingress or egress driveway shall have a minimum width of twenty-two (22) feet, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the special exception.
      3. (H)
        The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day, for all approved and pending special exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.
    2. (2)
      In reviewing the application, the District Council shall consider the use of techniques which provide for noise attenuation.
    3. (3)
      All information required as part of the special exception application shall be referred to the Prince George's County Department of Public Works and Transportation, Prince George's County Soil Conservation District, Washington Suburban Sanitary Commission, Prince George's County Department of Permitting, Inspections, and Enforcement, Maryland State Highway Administration, and Maryland State Water Resources Administration for comment. These agencies shall be given forty-five (45) days to reply. A copy of the same information shall also be submitted to the Sand and Gravel Advisory Committee.
    4. (4)
      Wash plants, including ponds, spoil sites, and equipment, are prohibited within the Buffer, as defined in the Conservation Manual, in any of the Chesapeake Bay Critical Area Overlay (CBCAO) zones.
    5. (5)
      In reviewing the application for compliance with the decision standards set forth in Section 27-3604(e) Required Findings, the District Council shall consider the inventory required in paragraph 27-5402(eee)(1)(H) above.
  • (fff)
    Sanitary Landfill; Rubble Fill
    1. (1)
      A sanitary landfill or rubble fill may be permitted as a temporary special exception.
    2. (2)
      The District Council shall determine the period of time for which the special exception is valid.
    3. (3)
      In the RE Zone, the landfill is only allowed if the neighborhood is substantially undeveloped and the landfill is an extension of an existing sanitary landfill on abutting land for which the approved Special Exception has not expired. This is not an amendment to an approved special exception under Section 27-3604(i), Changes to Approved Special Exception.
    4. (4)
      An application for a sanitary landfill or rubble fill that includes a "rock crusher" on the site must show the location of the proposed rock crusher on the site plan.
    5. (5)
      The applicant shall provide a traffic study that is prepared in accordance with the Planning Board's Transportation Review Guidelines.
    6. (6)
      The applicant shall provide a visual analysis of any proposed mounds and should include cross sections and results from balloon tests.
    7. (7)
      The applicant shall address how odors emanating from fill materials will be mitigated.
    8. (8)
      The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day for all approved and pending Special Exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.
    9. (9)
      In reviewing the application for compliance with the decision standards set forth in Section 27-3604(e) Required Findings, the District Council shall consider the inventory required in Subsection (8), above.
    10. (10)
      The Technical Staff Report prepared in response to an application for a rubble fill shall include an analysis of need based on the most current available projections of residential and employment growth in Prince George's County over a fifteen-year period. The District Council shall consider this analysis when determining compliance with the finding required in Subsection (11), below, and when determining the period of time for which the special exception is valid.
    11. (11)
      When approving a special exception for a rubble fill, the District Council shall find that the proposed use is necessary to serve the projected growth in Prince George's County, by applicant proof that without the proposed use the County's projected growth will be adversely affected. Proof of a future deficit in or absence of Countywide fill capacity does not by itself constitute proof that a proposed fill is necessary to serve the projected growth in the County.
  • (ggg)
    Sawmill
    1. (1)
      A sawmill for the cutting of timber grown on the premises may be permitted as a temporary special exception, subject to the following:
      1. (A)
        The District Council shall determine the period of time for which the special exception is valid;
      2. (B)
        No machinery shall be located less than fifty (50) feet from any boundary line of the special exception;
      3. (C)
        All machinery shall be secured against unauthorized use; and
      4. (D)
        After the removal and cutting of timber, all debris and sawdust piles shall be removed, and the premises shall be left in a sightly condition.
  • (hhh)
    Skating Facility
    1. (1)
      A skating facility may be permitted, subject to the following:
      1. (A)
        The use is proposed on a site comprising at least five (5) gross acres;
      2. (B)
        The main building on the site shall be set back at least one hundred (100) feet from all property lines;
      3. (C)
        All required parking shall be provided on-site, unless off-site parking on an abutting lot is provided;
      4. (D)
        Any ancillary restaurant shall be entirely integrated within the skating facility, and shall not have access from the exterior of the skating facility; and
      5. (E)
        The skating facility shall be wholly enclosed. Special noise attenuation measures shall be considered on all walls facing land in a Rural and Agricultural or Residential base zone or land used for residential purposes on an approved Basic Plan for the LCD Zone or any approved detailed site plan.
    2. (2)
      Special consideration shall be given to outdoor display, outdoor activity, advertisement, lighting, hours of operation, and other aspects of the proposed operation to assure that the health, safety, and general welfare of the community will be protected.
  • (iii)
    ​​​​Surface Mining
    1. (1)
      The surface mining of natural materials or deposits (including sand, gravel, or clay pits; rock or stone quarries; and the removal of earth or topsoil) may be permitted, subject to the following:
      1. (A)
        Heavy machinery may be used for the extraction of natural material or deposits from the site. Except in the IH Zone, heavy machinery may not be used for washing, refining, or other processing, unless a special exception is granted for sand and gravel wet-processing under the provisions of Section 27-5402(eee), Sand and Gravel Wet-Processing;
      2. (B)
        The use shall not be noxious, offensive, or otherwise objectionable by reason of dust, smoke, or vibration;
      3. (C)
        The land areas exposed by the extraction and removal of natural materials or deposits shall be left suitable for development. A grading plan shall be submitted (along with the site plan) showing the existing and proposed ground elevations of the site, adjacent land, and all abutting streets. The exposed land area shall have a slope not greater than three-to-one (3:1), except where any portion of the site is developed for port or harbor facilities;
      4. (D)
        The special exception shall be valid for not longer than five (5) years, except where the use is located:
      5.  
        1. (i)
          In an RR Zone which is predominantly undeveloped for a radius of one (1) mile from the operation; or
        2. (ii)
          In an IH Zone.
      6. (F)
        In addition to the requirements of Section 27-3604(c), Special Exception Submittal Requirements, the site plan shall show an estimate of the time required for the removal of the material;
      7. (G)
        At least sixty (60) calendar days prior to the hearing before the Zoning Hearing Examiner, the applicant shall file a traffic analysis with the Zoning Hearing Examiner for inclusion in the record, and shall send a copy to the Planning Board. The traffic analysis shall include the volume of traffic expected to be generated by the operation, and shall identify the streets to be used between the site and the nearest street (to be used) that has a minimum paved width of twenty-four (24) feet for the predominant length of the street;
      8. (H)
        Driveways or access points shall be identified on the site plan, and shall be located so as not to endanger pedestrians or create traffic hazards. The surface material to be used on the driveways shall be identified on the site plan. Any access driveway shall be at least twenty-two (22) feet wide, and shall be paved for a distance of at least two hundred (200) feet from the boundary line of the special exception.
      9. (I)
        The Technical Staff Report prepared in response to the application shall include a current, Countywide inventory of the locations, dates of approval, and conditions of approval concerning haul routes and estimated loads per day for all approved and pending special exceptions for sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining, as indicated by the record in the case. The inventory shall also include the locations of all nonconforming sand and gravel wet-processing, sanitary landfills and rubble fills, and surface mining operations throughout the County that were certified after September 6, 1974.
    2. (2)
      In the LCD Zone, no surface mining operation may be permitted after a Specific Design Plan for the subject property has been approved under the provisions of Section 27-1700, Transitional Provisions. An application for this special exception may only be accepted, and the special exception granted, if no Specific Design Plan has yet been filed for the subject property.
    3. (3)
      In reviewing the application, the District Council shall consider the use of techniques which provide for noise attenuation.
    4. (4)
      On land which is located within a Chesapeake Bay Critical Area Overlay (CBCAO) Zone, development is subject to Subtitle 5B: Chesapeake Bay Critical Area, of this Code.
    5. (5)
      In reviewing the application for compliance with the decision standards set forth in Section 27-3604(e), Required Findings, the District Council shall consider the inventory required in paragraph 27-5402(iii)(1)(H), above.
  • (jjj)
    Tobacco shops, electronic cigarette shops or a retail tobacco business
    1. (1)
      Tobacco shops, electronic cigarette shops, or a retail tobacco business may be permitted by special exception, subject to the following:
      1. (A)
        The structure in which the use is proposed shall be located at least three hundred (300) feet from any school, library, park, recreational facility, and historic site, resource, or district identified on any applicable Historic Sites and District Plan, a National Register Site, or an Historic District. This provision shall not apply to a retail tobacco or electronic cigarette business within a recreational or entertainment establishment of a commercial nature with video lottery facility uses in accordance with Section 27-5102(e)(7)(D), Recreational or Entertainment Establishment of a Commercial Nature with a Video Lottery Facility, of this Subtitle.
      2. (B)
        In its final decision to approve a special exception for the use, the Council may impose other reasonable requirements deemed necessary to safeguard the health, safety, morals, and general welfare of the community, taking into account the character of surrounding properties and the general neighborhood, and any other uses on the subject property.
      3. (C)
        No special exception shall be permitted for a tobacco shop, electronic cigarette shop, or a retail tobacco business located within 2,000 feet of another tobacco shop, electronic cigarette shop, or a retail tobacco business. In addition, the use shall be limited to specified daily hours of operation, which shall be between the hours of 10:00 a.m. and 8:00 p.m. This provision shall not apply to a Retail Tobacco Business within a Recreational or Entertainment Establishment of a Commercial Nature with Video Lottery Facility uses.
      4. (D)
        Any displays or signs with LED, bright, flashing lights, or any lights prohibited pursuant to Section 27-61503, are not permitted. Other illuminated displays or signs shall only be limited to the hours of operation for the use which shall be no earlier than 10:00 a.m. and no later than 8:00 p.m.
      5. (E)
        No special exception shall be permitted for a tobacco shop, electronic cigarette shop or retail tobacco business that sells tobacco or electronic cigarette products for offsite use if it is located within a 5-mile radius from another tobacco shop, electronic cigarette shop or retail tobacco business that sells tobacco or electronic cigarette products for offsite use, measured from property line to property line.
  • (kkk)
    Solid waste transfer station
    1. (1)
       A solid waste transfer station may be permitted subject to the following:
      1. (A)
        The use shall not commence until the State of Maryland has issued all applicable permits including, but not limited to, a solid waste transfer station permit.
      2. (B)
        All activities pertinent to the transferring of solid waste shall be conducted in a wholly enclosed building which has an impervious surface for loading and unloading solid waste, and is capable of accommodating all types of solid waste hauling vehicles; and
      3. (C)
        The applicant shall identify measures that will be taken to control any noxious and offensive odors;
      4. (D)
        The building associated with the use shall be set back at least five hundred (500) feet from all property lines;
      5. (E)
        Hours of operation shall occur only between 7:00 a.m. and 6:00 p.m.;
  • (lll)
    Tower, Pole, or Monopole
    1. (1)
      A tower, pole, or monopole for the support of an antenna (electronic, radio, television, transmitting, or receiving) may be permitted, subject to the following:
      1. (A)
        In the Nonresidential base zones, and for land in a Rural and Agricultural or Residential base zone owned by a public entity, the structure shall generally be set back from all property lines and dwelling units a distance equal to the height of the structure (measured from its base). The District Council may reduce the setback to no less than one-half (1/2) the height of the structure based on certification from a registered engineer that the structure will meet the applicable design standards for wind loads of the Electronic Industries Association (EIA) for Prince George's County. In the Rural and Agricultural and Residential base zones, on privately owned land, the structure shall be set back from all property lines and dwelling units a distance equal to the height of the structure (measured from its base);
      2. (B)
        On privately owned land, the structure shall not be used to support lights or signs other than those required for aircraft warning or other safety purposes;
      3. (C)
        Any tower or monopole which was originally used, but is no longer used, for telecommunications purposes for a continuous period of one (1) year shall be removed by the tower or monopole owner at the owner's expense; and
      4. (D)
        Any related telecommunication equipment building shall be screened by means of landscaping or berming to one hundred percent (100%) opacity.
  • (mmm)
     Vehicle and Trailer Rental Display
    1. (1)
      If the use is a totally separate business (not in connection with any other business), it shall be subject to the following:
      1. (i)
        The area devoted to rental purposes shall not be more than sixty percent (60%) of the net lot area; and
      2. (ii)
        The display shall be set back at least thirty (30) feet from the street line.
    2. (2)
      If the rental use is in conjunction with another use, it shall be subject to the following:
      1. (i)
        A special exception is required to validate the rental use, irrespective of the commencement date of the use; and
      2. (ii)
        Off-street parking for the use shall be provided in addition to the off-street parking required for the other business.
    3. (3)
      The display for rental purposes of motor vehicles (except dump trucks), trailers, boats, camping trailers, or other vehicles may be permitted, subject to the following:
      1. (i)
        Rental vehicles shall be parked on a hard-surfaced area, which is resistant to erosion and adequately treated to prevent dust emission;
      2. (ii)
        The gross weight of trucks shall not exceed twenty thousand (20,000) pounds each;
      3. (iii)
        In addition to the buffering requirements in the Landscape Manual, the use shall be screened from existing or proposed residential development by a six (6) foot high opaque wall or fence. The fence or wall shall not contain any advertising material, and shall be maintained in good condition. This screening may be modified by the District Council where the parking area is already effectively screened from residential property by natural terrain features, changes in grade, or other permanent, natural, or artificial barriers.
  • (nnn)
    Vehicle Salvage Yard
    1. (1)
      A vehicle salvage yard may be permitted, subject to the following:
      1. (i)
        The use shall be enclosed by a solid, sightly, light-tight wall or fence at least eight (8) feet high, and found to be satisfactory by the District Council;
      2. (ii)
        The fence shall not be constructed of corrugated metal or fiber glass, or sheet metal;
      3. (iii)
        Outdoor storage shall not be visible from the ground level beyond the fence; and
      4. (iv)
        Interior storage shall be located within a fireproof building.
  • (ooo)
    Fertilizer Manufacturing
    1. (1)
      All operations shall be confined to the interior of a wholly enclosed building;
    2. (2)
      There shall be no outside storage of either raw materials or finished products; and
    3. (3)
      An impact statement shall be submitted explaining:
      1. (i)
        The scope of the operation;
      2. (ii)
        The provisions for control of noxious odors;
      3. (iii)
        The pollution control measures to be taken; and
      4. (iv)
        The compatibility of the use with the surrounding area.
  • (CB-068-2022; CB-071-2022; CB-076-2022; CB-079-2022; CB-103-2022; CR-003-2023; CB-016-2023; CB-009-2023; CB-011-2023; CB-013-2024; CB-015-2024; CB-027-2025; CB-069-2025)