§ 18-9-105. Conditional uses.
   The following requirements shall apply to the conditional uses in this section in lieu of any requirements in Title 10:
      (1)   Housing for elderly of moderate means shall:
         (i)   consist of rental dwelling units only;
         (ii)    comply with the conditions set forth in § 18-10-140(8); and
         (iii)   be encumbered by a recorded covenant, enforceable by the County or its designee, that shall comply with the conditions set forth in § 18-10-140 (1)(i) through (iii).
      (2)   Workforce housing consisting of dwelling units of any type or mixture shall:
         (i)   be encumbered by a recorded covenant enforceable by the County or its designee that shall comply with the conditions set forth in § 18-10-174 (2)(i) through (v);
         (ii)   comply with the conditions set forth in § 18-10-174 (8); and
         (iii)   have home prices set at rates certified by the County or its designee to be affordable to a household with an income that does not exceed 80% of the median income adjusted for household size for the Baltimore Primary Metropolitan Statistical Area, as defined and published annually by the United States Department of Housing and Urban Development.
      (3)   An assisted living facility shall comply with the following requirements:
         (i)   The minimum setback from all property lines shall be 35 feet;
         (ii)   An assisted living facility may be operated in conjunction with a nursing home or adult independent dwelling units or both, whether or not owned by the same entity;
         (iii)   A nursing home or adult independent dwelling units may be located on the same lot as the assisted living facility or on one or more abutting lots, and, if located on one or more abutting lots, item (i) does not apply to the lot lines shared by such abutting lots;
         (iv)   Comprehensive care units may be provided; and
         (v)   Activity spaces shall be located in a manner to shield surrounding residential property from the effects of noise, hazards, or other offensive conditions.
      (4)   A bed and breakfast home shall comply with the following requirements:
         (i)   The home shall be located in an owner-occupied single-family detached dwelling on a lot of at least 11,000 square feet;
         (ii)   The home may contain no more than five guest rooms for the lodging of guests for no more than 14 consecutive days. The owner shall maintain a reservation log of the arrival and departure dates of all guests for inspection by the Office of Planning and Zoning; and
         (iii)   Guest rooms may not contain any cooking facilities, and food service shall be provided only for guests in a group dining area of the home.
      (5)   For a business complex with auxiliary uses, the auxiliary uses may not occupy more than 50% of the floor area of the business complex.
      (6)   A nursing home shall comply with the following requirements:
         (i)   The minimum setback from all property lines shall be 35 feet;
         (ii)   A nursing home may be operated in conjunction with an assisted living facility or adult independent dwelling units or both, whether or not owned by the same entity;
         (iii)   An assisted living facility or adult independent dwelling units may be located on the same lot as the nursing home or on one or more abutting lots, and, if located on one or more abutting lots, item (i) does not apply to the lot lines shared by such abutting lots;
         (iv)   Each access drive shall be located at least 40 feet from any residentially zoned property; and
         (v)   Activity space shall be located in a manner to shield surrounding residential property from the effects of noise, hazards, or other offensive conditions.
      (7)   Self-service storage facilities shall be located within an enclosed structure with no external access to individual storage units, and on-site loading and unloading facilities shall be located at the rear of a building. Existing self-storage facilities are not required to locate loading areas to the rear of the site.
      (8)   Solar energy generating facility – accessory shall comply with the following requirements:
         (i)   The facility may not be mounted on the rooftop of a contributing historic structure listed on or eligible for the National Register of Historic Places, unless approved by the Cultural Resources Section of the Office of Planning and Zoning. If approved, the facility shall be mounted on a secondary façade to shield the facility from view, the facility shall have minimal impact to historic materials, and the facility shall be capable of being removed without impact to the structure; and
         (ii)   The facility may not be located on or within the viewshed of a property listed on or eligible for the National Register of Historic Places.
      (9)   Moving or storage establishments and any light industrial uses allowed under § 18-9-103(b) shall comply with the following requirements:
         (i)   The facility shall be located on a lot of at least two acres;
         (ii)   The facility shall have a minimum frontage of at least 200 feet on a public road; and
         (iii)   Outside storage of materials or products is prohibited.
(Bill No. 84-23)