§ 1-19-8.329. CHILD CARE CENTERS OR NURSERY SCHOOLS IN R-1, R-3, R-5, R-8, AND LI DISTRICTS.
   The following provisions shall apply to child care centers or nursery schools in R-1, R-3, R-5, R-8, and LI Districts.
   (A)   Child care centers or nursery schools which are operated by a nonprofit organization in buildings or structures on premises which are owned or leased by a religious organization and which premises are regularly used as a place of worship, or are located on premises owned or leased by a religious organization adjacent to premises regularly used as a place of worship, or are used for private parochial educational purposes, are a permitted use not requiring grant of special exception approval.
   (B)   Special exception child care center or nursery school requires a minimum lot area of 12,000 square feet with minimum lot width of 100 feet except in the LI District which requires a minimum lot area of 20,000 square feet with a minimum lot width of 200 feet.
   (C)   Yard setback requirement is 25 feet from all property lines except in the LI District which requires a yard setback requirement of 40 feet.
   (D)   The maximum attendance at a child care center or nursery school at any 1 time shall be as follows:
      (1)   One pupil per 1,000 square feet of lot area in R-1, R-3 residential zoning;
      (2)   One pupil per 500 square feet of lot area in R-5, R-8 residential zoning;
      (3)   The minimum size of a child care center or nursery school in the LI District shall be determined based on the amount of square footage required under the State of Maryland Code of Regulations 10.05.01.
   (E)   All recreational and open space shall be in accordance with state regulations. Play areas provided must be fully fenced.
   (F)   The subject property must have frontage and access on a paved public road.
   (G)   In the LI District, the maximum allowable height for a child care center shall be 30 feet.
(Ord. 77-1-78, § 40-72(A-12), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 89-51-582, 8-15-1989; Ord. 95-02-126, 3-2-1995; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 14-23-678, 11-13-2014)