Sec. 59-G-2.32. Hospital, veterinary.

   (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.)

Sec. 59-G-2.33. Hotels and motels.

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., § 54-5 et seq.

Sec. 59-G-2.34. Reserved.

   Editor's note-Section 59-G-2.34, relating to rural resort hotels, was repealed by Ord. No. 10-69, § 9.

Sec. 59-G-2.35. Housing and related facilities for senior adults and persons with disabilities.

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, ch. 23A; hospitals, sanitariums, nursing and care homes, ch. 25.

Sec. 59-G-2.35.1. Life care (continuing care) facility.

A special exception may be granted for a life care (continuing care) facility, provided:

   (a)   The applicant has filed with the Maryland Office on Aging a Letter of Intent to provide continuing care, as provided in Article 70B of the Annotated Code of Maryland, as amended.

   (b)   Prior to construction, the applicant has obtained the following approvals from the appropriate State agencies: (not applicable to any special exception converted to a life care facility before May 6, 2002)

      (1)   A Final Certificate of Registration for a continuing care facility from the Maryland Office on Aging, in accordance with Article 70B and the applicable Maryland Regulations.

      (2)   An exemption from a Certificate of Need for a health care facility from the Maryland Health Resources Planning Commission (MHRPC), in accordance with the applicable sections of Article 19, title “Health Care Facilities.”

   (c)   The contract between the operator of the facility and a resident as well as the entrance fee or deposit and periodic service charges paid by the resident are structured to provide the resident with a continuity of residential occupancy and health care, potentially for life: (not applicable to any special exception converted to a life care facility before May 6, 2002)

   (d)   Occupancy of the dwelling units is restricted to persons 62 years of age or older, with the following exceptions:

      (1)   The spouse of a resident, regardless of age; or

      (2)   Another relative of a resident, 50 years of age or older.

   If a resident dies while residing at the life care facility, the resident widow, widower or other surviving relative may be allowed to remain even though he or she has not reached the age of 62. Resident staff necessary for operation of the facility are also allowed to live on site. At least 80 percent of the dwelling units must be occupied by at least one person per unit who is 55 years of age or older.

   (e)   The facility must include the following:

      (1)   Dwelling units for independent or assisted living, or both. “Assisted living” is defined as providing meals plus other services to persons who may need some supervision or assistance in the activities of daily living but who do not need hospital or nursing care.

      (2)   A nursing home for the care of residents of the life care facility. If allowed by the terms of the exemption issued by the MHRPC (see Paragraph (b)(2), above), the nursing home may serve nonresidents for the first 5 years after the facility opens for occupancy. At the end of that 5 year period, occupancy of the nursing home must be restricted to residents of the life care facility, unless the Board makes a finding at that time that such a restriction would cause an undue hardship in terms of adequate patient care or financial feasibility, and the MHRPC agrees not to impose the restriction.

   (f)   The facilities may provide ancillary services and facilities, such as but not limited to transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board may restrict their use to residents and staff only.

   (g)   Development standards:

      (1)   Maximum residential density: 15 units per acre of gross tract area, with the following exceptions:

         (A)   If the zone in which the facility is located permits a higher density, the maximum density of that zone applies, subject to the optional provisions for moderately priced dwelling units included in accordance with Chapter 25A of this Code, as amended.

         (B)   If the facility is located in a P-D, Planned Development Zone, the applicable standard is that for housing for senior adults or persons with disabilities, as stated in Paragraph (d) of Section 59-C-7.14.

         (C)   For property in a one-family residential zone, the Board may require a lower density for reasons of compatibility with the surrounding uses.

      (2)   Development is subject to the provisions of the residential portions of the MPDU provisions of Section 25A-5 of this Code.

      (3)   Minimum setback from street right-of-way: 25 feet or the setback prescribed by the zone, whichever is greater, except as provided in Paragraph (8), below.

      (4)   Minimum setbacks from all other external lot lines, except as provided in Paragraph (8), below:

         (A)   For a one-family detached or attached dwelling unit or a townhouse: 2 feet of setback for each one foot of building height, as measured at the elevation of the building facing that lot line.

         (B)   For a multiple-family dwelling, the nursing home or any other nonresidential building: 100 feet from any lot line separating the site from land zoned or master planned for one-family residential use, and 50 feet from a lot line adjoining any other existing or planned use.

      (5)   Maximum building height, except as provided in Paragraph (8), below: 35 feet.

      (6)   Maximum lot coverage: as specified by the applicable zone.

      (7)   Minimum green area, except as provided in Paragraph (8), below: 50 percent.

      (8)   If the property is in a multiple-family zone regulated by Division 59-C-2, a CBD zone regulated by Division 59-C-6, any PUD Zone regulated by Division 59-C-7, or the TS-R Zone regulated by Division 59-C-8, the development standards of the relevant zone apply.

   (h)   Parking must be provided in accordance with the standards for (1) housing and related facilities for senior adult or person with disabilities and (2) a nursing home, as provided in Division 59-E-3, title “Numbers of Spaces Required;” the numbers of spaces required for the 2 uses are additive. The provisions of Division 59-E-2, title “Plans and Design Standards,” apply.

   (i)   An existing facility that receives a Certificate of Registration as a continuing care facility from the Maryland Office on Aging, in accordance with Article 70B of the Annotated Code of Maryland, as amended, or a facility for which special exceptions have been granted in accordance with Sections 59-G-2.35 and 59-G-2.37, in order to qualify for such certification, is a conforming use. It may be constructed and operated in compliance with the conditions of the applicable special exceptions and amended in accordance with the provisions of Sections 59-G-2.35 and 59-G-2.37 in effect at the time the amendment to the special exception is granted. If damaged the facility may be rebuilt, repaired and/or reconstructed.

(Legislative History: Ord. No. 11-73, § 12; Ord. No. 14-47, § 1.)

Sec. 59-G-2.36. Medical practitioners' office for use of other than a resident of the building.

   (a)   In all residential zones other than specified in Subsection (b) below, one or more offices of not more than 2 full-time medical practitioners may be permitted, provided that:

      (1)   The exterior of the premises is not changed or altered in appearance;

      (2)   Not less than 50 percent of the floor space of the building is devoted to residential uses;

      (3)   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;

      (4)   Additional medical specialists are not employed more than an aggregate of 40 hours per week and there are never more than 2 medical professionals, whether general practitioners or medical specialists, in such office on any one day. In consideration of an application for part-time medical specialist, the Board must consider the total number of employees and the total number of patients at any one time;

      (5)   The maximum number of nonprofessional support staff must be determined by the Board, taking into account the impact on neighboring residences of the resultant parking and traffic;

      (6)   Such use will not constitute a nuisance because of noise, traffic or physical activity; and

      (7)   Such use will not tend to affect adversely the use and development of neighboring properties and the general neighborhood.

   (b)   In the R-H, R-10, R-20 and R-30 zones, one or more offices for one or more medical practitioners may be permitted provided, that:

      (1)   The exterior of the building presents an appearance consistent with the character of the neighborhood;

      (2)   The proposed use will not adversely affect surrounding residential uses because of noise, lighting, traffic or physical activity;

      (3)   No office shall be located on a floor above the highest ground level entrance and the interior office entrance shall be located so as to minimize distance from the exterior entrance;

      (4)   Reserved;

      (5)   Off-street parking spaces shall be provided as required in article 59-E of this chapter which shall be in addition to those spaces required for the residential portion of the building and shall be specifically designated for the use of the patients of the medical practitioners.

(Legislative History: Ord. No. 8-87, § 1; Ord. No. 10-32, § 18; Ord. No. 10-44, § 1; Ord. No. 11-67, §11; Ord. No. 12-1, § 1; Ord. No. 13-76, §1; Ord. No. 14-47, § 1.)

   Editor’s note—In Grand Bel Manor Condominium v. Gancayco, the Court cited § 59-G-2.36 and analyzed the effect of § 59-G-2.36 in relation to § 59-E-3.7, holding that a waiver of § 59-E-3.7 does not serve as a waiver of § 59-G-2.36.

   Cross reference-Hospitals, sanitariums, etc., ch. 25.

Sec. 59-G-2.36.1. Milk plant.

A special exception may be granted for a milk plant, subject to the following requirements:

   (a)   The minimum area of the lot must be 10 acres.

   (b)   The minimum setback from any property line must be 75 feet.

   (c)   The board may regulate hours of operation, numbers of vehicles and personnel and other on site operations so as to prevent adverse impact on adjoining uses.

   (d)   The property must front on and have access to a road built to primary or higher standards.

   (e)   Adequate parking must be provided on site in accordance with the requirements for an industrial or manufacturing establishment or warehouse, as stated in article 59-E.

   (f)   In evaluating the compatibility of this special exception with surrounding land uses, the Board must consider that the impact of an agricultural special exception on surrounding land uses in the agricultural zones does not necessarily need to be controlled as stringently as the impact of a special exception in the residential zones. The use is not permitted, however, in the portion of a rural cluster development regulated by section 59-C-9.52.

(Legislative History: Ord. No. 10-69, § 9; Ord. No. 13-107, § 3.)

Sec. 59-G-2.36.2. Dwellings.

   (a)   Dwellings in a commercial or industrial district must be compatible with existing or planned development on the same lot or tract and be compatible with the surrounding area.  Dwellings developed in a commercial or industrial district may be combined with proposed or existing office, retail or industrial development or may be developed in lieu of non-residential development, provided there remains adequate land zoned for such development to serve the immediate neighborhood.

   (b)   Dwellings in a commercial or industrial district are subject to the following standards:

      (1)   Not more than twenty-five percent (25%) of the land which is either zoned or recommended for commercial or industrial zoning in the applicable approved and adopted master plan may be used for housing.

      (2)   Dwellings in a commercial or industrial district must meet the development standards of the applicable zone concerning minimum setbacks, green area, and lot coverage.  The base residential density is 6.0 units per acre, which may be increased up to 21.5 units per acre if at least 35 percent of the units are productivity housing for households with incomes at and below the area wide median income, as provided for in Chapter 25B, Article IV, of the County Code. The maximum height allowed in the applicable commercial zone may be adjusted not to exceed a total height of 50' to accommodate residential development above a commercial structure as authorized under Sec. 59-G-1.23.  These standards apply to all buildings on a site, including those that contain housing.  The required green area may be adjusted to assure compatibility of uses, or to accommodate housing if not otherwise feasible or appropriate.

      (3)   Access must be provided by one or more direct driveways to a public street.  The entrance must be located and appropriately lighted to assure safe access for residents, whether or not commercial or industrial uses on the same lot are in operation.

      (4)   A minimum of one (1) on-site parking space per dwelling unit must be provided.  Additional parking spaces must be provided up to the total required by the relevant standards of Section 59-E-3.7, except that the Board may approve shared parking in accordance with the provisions of Section 59-E-3.1 to accommodate these additional spaces.

      (5)   The property must be located in an area served by public water and sewer and must be in water and sewer categories 1, 2, or 3.

   (c)   Design plan.

      (1)   In addition to submitting such other information as may be required, a design plan of proposed development must also be submitted at the time the application is made.  The design plan must show the size and shape of the subject property, the location of all buildings and structures, the area devoted to parking, any recreation facilities to be provided, all access roads and drives, the topography and existing major vegetation features, the proposed grading, landscaping and screening plans and such other features necessary for the evaluation of the plan.

      (2)   No special exception, building permit or certificate of occupancy may be granted or issued except in accordance with a design plan of development approved by the Board of Appeals.  The Board may condition its approval of a design plan on such amendments as determined necessary to assure an internally compatible development which will have no adverse effect on the surrounding community.

(Ord. No. 12-81, § 4; Ord. No. 13-38, § 3.)

   Editor's note-Section 3 of Ord. No. 10-82 added § 59-G-2.36.1, which the editor has redesignated § 59- G-2.36.2 to avoid duplication of section numbers and to maintain alphabetical sequence of section titles.

   Editor’s note—Ord. No. 14-47, § 1, repealed former § 59-G-2.36.3, “Newspaper, village,” which was derived from  Ord. No. 10-82, § 3; Ord. No. 12-81, § 4; Ord. No. 13-76, §1.