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A hospice care facility may be allowed if the Board finds:
(1) That such use will not constitute a nuisance because of the number of residents, noise, vehicle traffic or parking, or other physical activity;
(2) That the applicant possesses a valid certificate to operate a freestanding hospice care facility issued by the secretary of the Maryland Department of Health and Mental Hygiene; and
(3) That any property to be used as a hospice care facility is of sufficient size to accommodate the proposed number of residents and staff.
(Legislative History: Ord. No. 9-74, § 11; Ord. No. 14-47, § 1.)
Cross reference—Hospitals, sanitariums, nursing and care homes, .
A hospital or sanitarium building may be allowed if the Board finds that it will not create a nuisance because of traffic, noise, or the number of patients or persons cared for; that it will not affect adversely the present character or future development of the surrounding residential community; and if the lot, parcel, or tract of land on which the buildings to be used are located conforms to the following minimum requirements; except that, in the C-2 and C-O zones, the minimum area and frontage requirements do not apply:
(1) Minimum area. Total area, 5 acres.
(2) Minimum frontage. Frontage, 200 feet.
(3) Setback. No portion of a building shall be nearer to the lot line than a distance equal to the height of that portion of the building, where the adjoining or nearest adjacent land is zoned single-family detached residential or is used solely for single-family detached residences, and in all other cases not less than 50 feet from a lot line.
(4) Off-street parking. Off-street parking shall be located so as to achieve a maximum of coordination between the proposed development and the surrounding uses and a maximum of safety, convenience and amenity for the residents of neighboring areas. Parking shall be limited to a minimum in the front yard. Subject to prior board approval, a hospital may charge a reasonable fee for the use of off-street parking. Green area shall be located so as to maximize landscaping features, screening for the residents of neighboring areas and to achieve a general effect of openness.
(5) Commission recommendation. The board or the applicant shall request a recommendation from the commission with respect to a site plan, submitted by the applicant, achieving and conforming to the objectives and requirements of this subsection for off-street parking and green area.
(6) Building height limit. Building height limit, 145 feet.
(Legislative History: Ord. No. 8-54, § 9; Ord. No. 9-56, § 1; Ord. No. 14-47, § 1
; Ord. No. 16-55, § 2
.)
Cross reference—Hospitals, sanitariums, nursing and care homes, .
(a) In any commercial, central business district or transit station zone where permitted by special exception, a veterinary hospital must comply with the following conditions and requirements:
(1) There must be no runs, exercise yards, or other facilities for the keeping of animals in any exterior space.
(2) All areas for the keeping of animals must be soundproofed.
(b) In any residential or rural zone where permitted by special exception, a veterinary hospital must comply with the following conditions and requirements:
(1)
In the R-150, R-90, and R-60 zone, the minimum lot size is one-half acre. In the R-60 zone a veterinary hospital must be located along a major highway with an existing right-of-way width of no less than 90 feet, and be adjacent to or confronting a central business district or a property zoned for commercial use.
(2) Exterior areas used to exercise, walk, or keep animals must be set back from any property line 200 feet and screened from adjacent residential properties. All exterior exercise areas and runs must be fenced for the safe confinement of animals.
(3) For all buildings in which animals will be present, maximum expected interior sound levels must be reduced to 40 dBA (A-weighted decibels) outside, measured at ten feet from the structure.
(4) All buildings and accessory structures must be set back from any property line a minimum of 50 feet.
(5) No animal may be outdoors between 6 p.m. and 8 a.m.
(6) On weekdays, the sound at the nearest receiving property line must not exceed 60 dBA between the hours of 8 a.m. to 6 p.m. and 50 dBA between the hours of 6 p.m. to 8 a.m. On Saturdays, Sundays, and federal holidays, the sound at the nearest receiving property line must not exceed 60 dBA between the hours of 9 a.m. to 6 p.m. and 50 dBA between 6 p.m. and 9 a.m. Terms are defined in accordance with the Montgomery County Noise Ordinance (Chapter 31B of the Montgomery County Code). In any event, the predicted maximum receiving property line sound levels must not exceed the characteristic ambient sound levels by more than 3 dBA at any time.
(7) Dogs must not be walked or exercised in outdoor areas that are off-site.
(8) In addition to the submittal requirements in Sec. 59-A-4.22, the applicant must submit the following information. Applications submitted without this information are incomplete and will not be accepted or assigned a case number:
(i) acoustical engineering studies that demonstrate that the proposed use meets the standards in Sec. 59-G-2.02(b)(3) and (6) above. The studies must show the worst scenario sound level. The statement of operations must be sufficiently detailed to allow determination of how often the worst scenario sound level occurs.
(ii) detailed floor plans that show all the interior areas and their use designations,
(iii) site plans that show the layout of all exterior areas used to exercise, walk, or keep animals.
(9) The Board must specify a minimum number of off-street parking spaces, taking into consideration the number of employees on the maximum shift, the number of doctors practicing simultaneously, and the number of appointments and deliveries. This number must in no case be less than 5.
(10) The Board may regulate the number of animals that may be boarded, exercised, walked, or kept in runs or similar areas, and the manner in which animals are boarded, exercised, walked, or kept.
(11) The Board may regulate the office hours and the number of appointments. Animals may be seen by appointment only. Emergency patients and visits to pick up prescriptions and pet-related items may also occur, within office hours only and without prior scheduling: abuse of this exemption may lead to revocation of the special exception. A written log of all appointments and drop-in and emergency client activities must be kept, to be available for inspection by County authorities.
(12) Any accessory operation, such as grooming or the sale of pet food and supplies, must be set forth in the statement of operations and must be limited as an accessory activity to a percentage of sales not to exceed 20%.
(13) All litter and animal waste must be contained and controlled on the site.
(14) Animals may be kept overnight at the hospital only for medical purposes. If animals are kept for non-medical purposes, a separate application for an animal boarding place must be approved.
(15) If the proposed use is located in an area that uses well water and septic facilities, the applicant must prove that the use will not have any negative effect.
(c) Any veterinary hospital lawfully existing prior to the effective date of this ordinance is a conforming use, and may be extended, enlarged or modified by special exception subject to the provisions set forth in this section.
(Legislative History: Ord. No. 8-53, § 16; Ord. No. 10-8, § 2; Ord. No. 14-47, § 1.)
A hotel, motel or inn may be allowed; provided, that all the requirements imposed in the zone are met; and provided further, that special conditions, such as for additional fencing and/or planting or other landscaping, additional setback from property lines, location and arrangement of lighting and other reasonable requirements deemed necessary to safeguard the general community interest and welfare may be invoked by the board as requisites to the grant of special exception. An apartment hotel lawfully existing prior to April 26, 1966, may be allowed to increase the number of its guest rooms to more than 20 percent, but not above 45 percent of its total dwelling units in accordance with the requirements of this chapter, including those standards of this section which may reasonably be applied to an existing facility. Such an apartment-hotel is not required to maintain any guest rooms.
(Legislative History: Ord. No. 9-71, § 5; Ord. No. 10-20, § 4.)
Cross reference-Hostels, rooming houses, etc., § et seq.
Editor's note-Section 59-G-2.34, relating to rural resort hotels, was repealed by Ord. No. 10-69, § 9.
A special exception may be granted for housing and related facilities for senior adults or persons with disabilities, subject to the following provisions:
(a) Prerequisites for granting:
(1) A minimum of 15 percent of the dwelling units is permanently reserved for households of very low income, or 20 percent for households of low income, or 30 percent for households of MPDU income. If units are reserved for households of more than one of the specified income levels, the minimum percentage must be determined by agreement with the Department of Housing and Community Affairs in accord with Executive regulations. Income levels are defined as follows:
(A) “MPDU income” is the income limit determined by the Department of Housing and Community Affairs in the administration of the moderately priced dwelling unit (MPDU) program, as prescribed by Chapter 25A.
(B) “Low income” is income at or below 60 percent of the area median income adjusted for household size.
(C) “Very low income” is income at or below 50 percent of the area median income adjusted for household size.
(D) “Area median income” is as determined annually by the U.S. Department of Housing and Urban Development.
(2) The site or the proposed facility has adequate accessibility to or provides on site public transportation, medical service, shopping areas, recreational and other community services frequently desired by senior adults or persons with disabilities.
(3) The site or the proposed facility is reasonably well protected from excessive noise, air pollution, and other harmful physical influences.
(b) Occupancy of a dwelling unit is restricted to the following:
(1) A senior adult or person with disabilities, as defined in Section 59-A-2.1;
(2) The spouse of a senior or disabled resident, regardless of age or disability;
(3) A resident care-giver, if needed to assist a senior or disabled resident; or
(4) In a development designed primarily for persons with disabilities rather than senior adults, the parent, daughter, son, sister or brother of a handicapped resident, regardless of age or disability.
Additional Occupancy Provisions are:
(5) Age restrictions must comply with at least one type of exemption for housing for older persons from the familial status requirements of the federal “Fair Housing Act,” Title VIII of the Civil Rights Act of 1968, and subsequent amendments thereto. (In that Act, “familial status” refers to discrimination against families with children.)
(6) Resident staff necessary for operation of the facility are also allowed to live on site.
(c) Development standards, other than density, in residential zones where allowed by special exception:
(1) Minimum setbacks:
(A) From street: 50 feet. Except for an access driveway, this must be maintained as green area. However, if development does not exceed the height limit of the applicable one-family zone, the minimum setback specified by the zone applies.
(B) From side and rear lot lines: 25 feet or as specified by the relevant zone, whichever is greater.
(2) Maximum building height: four stories or the height of the applicable zone, whichever is less. Additional height up to six stories is permitted if the additional height is in conformity with the general character of the neighborhood considering population density, design, scale and bulk of the proposed building, traffic and parking conditions.
(3) Maximum lot coverage: As specified by the relevant zone.
(4) Minimum green area:
(A) R-60, R-90, and the RT Zones: 50 percent
(B) R-150 and R-200 Zones: 60 percent
(C) RE-1, RE-2, and RE-2C Zone: 70 percent, except where the minimum green area requirement is established in an approved and adopted master plan.
The Board may reduce the green area requirement by up to 15% if it is necessary to accommodate a lower building height for compatibility reasons.
(d) Development standards, other than density, in the R-30, R-20, R-10 and R-H Zones are as specified by the relevant zone in Section 59-C-2.41, except that the lot coverage and building setbacks may be modified as specified in Section 59-C-2.42 concerning standards for moderately priced dwelling units.
(e) Maximum density:
In the Rural, Rural Cluster, RE-2, RE-2C, RE-1, R-200, R-150, R-90, R-60, R-40, RT-6, RT-8, RT-10, and RT-12.5 Zones, the number of units is governed by the overall size of the building as determined in accordance with the development standards by Paragraph (c) of this section. Minimum unit size is governed by the minimum space and other relevant standards of Chapter 26, title “Housing Standards,” of this Code, as amended.
(f) Parking and loading:
Parking must be provided in accordance with the provisions of Section 59-E-3.7 and Section E-2.83. The Board must require adequate scheduling and long-term continuation of any services for which parking credits are granted in accordance with Section 59-E-3.33(b) and may require additional parking for any facilities and services provided in accordance with Paragraph (g)(2) of this section, if they serve nonresident senior adults or persons with disabilities. When considering the need for additional parking, the Board may consider the availability of nearby public or private parking facilities.
(g) Additional provisions:
(1) One or more of the following ancillary facilities and services may be included to serve the residents and possibly nonresident senior adults or persons with disabilities. The Board may restrict the availability of such services to nonresidents and specify the manner in which this is publicized.
(A) Provision for on-site meal service;
(B) Medical or therapy facilities or space for mobile medical or therapy services;
(C) Nursing care;
(D) Personal care services;
(E) Day care for senior adults or persons with disabilities;
(F) On-site facilities for recreation, hobbies or similar activities; or
(G) Transportation to such off-site facilities and services as shopping, religious, community or recreational facilities, or medical services.
(2) Retail facilities may be included to serve exclusively the residents of the building.
(3) The application must contain a vicinity map showing major thoroughfares, public transportation routes and stops, and the location of commercial, medical and public services within a one-mile radius of the proposed facility.
(4) Construction is subject to all applicable Federal, State and County licenses or certificates.
(h) Provisions governing facilities approved prior to March 7, 1990:
(1) A housing facility for senior adults or persons with disabilities existing before May 6, 2002, is a conforming use and structure, and may be continued in accordance with the terms and conditions of the special exception grant. Modifications may be approved that are in compliance with the special exception standards in effect at the time the modification is filed. If damaged, the facility may be rebuilt, repaired or reconstructed as it existed on May 6, 2002.
(2) A housing facility for senior adults or persons with disabilities existing on March 7, 1990, or for which a petition was approved prior to March 7, 1990, located on property containing at least 85 acres of land, may be extended, enlarged, or modified in accordance with the special exception standards in effect prior to March 7, 1990.
(Legislative History: Ord. No. 8-59, § 8; Ord. No. 9-14, § 2; Ord. No. 9-48, § 1; Ord. No. 10-32, § 15; Ord. No. 10-63, § 3; Ord. No. 10-79, § 1; Ord. No. 11-72, § 12; Ord. No. 13-34, § 1; Ord. No. 13-76, §1; Ord. No. 14-47, § 1.)
Cross references-Group residential care facilities, ; hospitals, sanitariums, nursing and care homes, .
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