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A special exception may be approved for a medical or dental clinic in which no more than 4 medical practitioners are present at any one time, subject to the following standards:
(a) Development standards as specified in the applicable zone and in Section G-1.23 except:
(1) Minimum frontage: 100 feet.
(2) Minimum setback from adjoining lot: 40 feet.
(b) The property must front on and have direct access to a public street or roadway having more than one through travel lane in each direction of travel; except that access to a corner lot may be from an adjoining primary street, constructed to primary standards, if the Board finds the access to be appropriate and not detrimental to existing residential uses on the primary street.
(c) Office space suitable for the practice of the profession is unavailable in either the nearest commercial zone or the nearest medical clinic office building constructed according to a special exception grant.
(d) Additional medical practitioners, no more than four, may be present at any one time only if the presence of these additional practitioners will not generate additional patient related traffic. The additional practitioners are only allowed to:
(1) assist a practitioner in a specific surgical or diagnostic procedure; or
(2) perform administrative work related to the treatment of patients on site the same day.
A written record must be kept for inspection by county enforcement staff identifying the physicians on site, and their schedules of seeing patients and performing administrative work.
(e) The Board may limit hours of operation, number of practitioners and employees, and the number, character and extent of accessory services.
(f) Hours of operation for any accessory service that is part of the clinic, including a laboratory or pharmacy for use by patients of medical practitioners in the clinic, must be no earlier and no later than those of medical practitioners in the clinic.
A special exception for a medical or dental clinic for five or more medical practitioners may be continued, subject to the following requirements, if the petition was granted prior to February 20, 1989:
(a) Development standards are as follows:
(1) Minimum lot area: 40,000 square feet.
(2) Minimum frontage: 200 feet.
(3) Minimum setback from all property lines: 40 feet, except that the setbacks may be reduced if found to be compatible within an historic district as set forth in Sec. 59-A-6.23.
(4) Maximum building height: as specified in the zone.
(5) Maximum lot coverage: 15 percent.
(b) The property must front on and have direct access to a public road built to arterial or higher standards; except that access to a corner lot may be from an adjoining primary street, constructed to primary standards, if the Board finds this access to be appropriate and not detrimental to existing residential uses on that primary street.
(c) Any accessory service that is part of the clinic, including a laboratory or pharmacy for use by patients of medical practitioners in the clinic, must comply with the following standards:
(1) Direct access from the street is prohibited; any access must be from an interior lobby or hallway or from a parking area that does not front on a public street.
(2) Hours of operation must be no earlier and no later than those of medical practitioners in the clinic.
(d) Adequate parking must be provided on site in accordance with the requirements for a medical or dental clinic, as stated in article 59-E, and further limitations, if any, prescribed by the Board.
(e) The Board may limit hours of operation, numbers of practitioners and employees, and the number, character and extent of accessory services.
(f) A medical or dental clinic for which a petition was approved prior to February 20, 1989, is a conforming use. The special exception may be amended in accordance with the modification provisions of section 59-G-1.3(c), except that the Board may not approve any extension or enlargement of the conditions of the special exception approved prior to February 20, 1989, as they apply either to the floor area or height of the building, or to the area or coverage of the lot. The Board may approve an enlargement of the parking area only if it is necessary to comply with the provisions of article 59-E or to accommodate additional practitioners. The Board may not approve any accessory service that was not approved prior to February 20, 1989.
(g) In approving a modification of the petition as previously approved, the Board must find that the use at the location in question will not be detrimental to the surrounding residential community because of traffic, noise or physical activity and will not adversely affect the present character or future development of that community as a residential area.
(h) In approving a modification of the petition as previously approved, the Board must make a finding of neighborhood need, as provided in section 59-G-1.24. When making this finding, the Board must solicit the comments and recommendations of the Health Services Planning Board, or its successor, among others. It must also find that there is no available office space that is suitable for a medical or dental clinic in either a nearby commercial zone or a nearby medical or dental clinic constructed in accordance with the provisions of this section.
(i) If the structure is destroyed or suffers serious damage by fire, flood or similar cause, it is subject to the prohibition on reconstruction of a nonconforming use, as stated in section 59-G-4.15, unless the Board makes a new finding of neighborhood need for a clinic at that location, as provided in section 59-G-1.24. “Serious damage” is defined as damage that reduces the value of the structure by more than half its prior value.
(Legislative History: Ord. No. 10-34, § 1; Ord. No. 10-50, § 1; Ord. No. 11-40, § 6; Ord. No. 13-76, §1; Ord. No. 14-25, § 5; Ord. No. 14-47, § 1.)
Editor's note—In Backus v. County Board of Appeals for Montgomery County, 224 Md. 28, 166 A.2d 241 (1960), the court affirmed the denial of a special exception for a dental clinic where the persons applying for the special exception would not be eligible under state law for a dental license on the ground that they were not natural persons. In Luxmanor Citizens Assoc., Inc. v. Burkhart, 266 Md. 631, 296 A.2d 403 (1972) the court affirmed the granting of a special exception for a medical or dental clinic.
Cross reference—Hospitals, sanitariums, nursing and care homes, .