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(a) A nursing home of any size, or a domiciliary care home for more than 16 residents (for 16 residents or less see "Group home") may be allowed if the board can find as prerequisites that:
(1) the use will not adversely affect the present character or future development of the surrounding residential community due to bulk, traffic, noise, or number of residents;
(2) the use will be housed in buildings architecturally compatible with other buildings in the surrounding neighborhood; and
(3) the use will be adequately protected from noise, air pollution, and other potential dangers to the residents.
(4) The Board of Appeals may approve separate living quarters, including a dwelling unit, for a resident staff member within a nursing home or domiciliary care home.
(b) The following requirements must apply to a nursing home housing 5 patients or less:
(1) The minimum lot area must be as stated for the applicable zone but in no case less than 7,500 square feet.
(2) The minimum street frontage must be 50 feet.
(3) Minimum setbacks, minimum green area, maximum coverage and maximum height are those prescribed in these regulations for the zone.
(c) The following requirements apply to all new nursing homes, additions to existing nursing homes where the total number of residents is 6 or more, and to all domiciliary care homes for more than 16 residents.
(1) The minimum lot area in the rural zone must be 5 acres or 2,000 square feet per bed, whichever is greater.
(2) In all other zones, the minimum lot area must be 2 acres or the following, whichever is greater:
a. In the RE-2, RE-2C, RE-1 and R-200 zones, 1,200 square feet for each bed.
b. In the R-150, R-90, R-60 and R-40 zones, 800 square feet for each bed.
c. In the R-T, R-30 and R-20 zones, 600 square feet for each bed.
d. In the R-10, R-H, C-O, C-T and C-2 zones, 300 square feet for each bed.
e. In the town sector and planned neighborhood zones, 800 square feet per bed.
(3) Minimum side yards are those specified in the zone, but in no case less than 20 feet.
(4) Maximum coverage, minimum lot frontage, minimum green area, minimum front and rear yards and maximum height, are as specified in the applicable zone.
(d) Off-street parking must be provided in the amount of one space for every 4 beds and one space for 2 employees on the largest work shift, except the board may specify additional off-street parking spaces where the method of operation or type of care to be provided indicates an increase will be needed.
(e) An application must be accompanied by a site plan, drawn to scale, showing the location of the building or buildings, parking areas, landscaping, screening, access roads, height of buildings, topography, and the location of sewers, water lines, and other utility lines. The site plan must also show property lines, streets, and existing buildings within 100 feet of the property, and indicate the proposed routes of ingress and egress for automobiles and service vehicles. A vicinity map showing major thoroughfares and current zone boundaries within one mile of the proposed home, must be included.
(f) An application for a special exception for this use must include an expansion plan showing the location and form of any expansions expected to be made in the future on the same site.
(g) Any nursing home, or domiciliary care home for more than 16 residents lawfully established prior to November 22, 1977, is not a nonconforming use, and may be extended, enlarged or modified by special exception subject to the provisions set forth in this section.
(h) Any application for nursing home and/or care home which is pending at the Board of Appeals as of February 24, 1997 at the request of the applicant, may be processed under the applicable provisions of the Zoning Ordinance in effect at the time the application was filed.
(Legislative History: Ord. No. 8-55, § 12; Ord. No. 13-47, § 13.)
Editor’s note-Section 59-G-2.37 is cited in Concerned Citizens of Great Falls v. Constellation-Potomac, 122 Md. App. 700, 716 A.2d 353 (1998).
Cross references-Group residential care facilities, ; hospitals, sanitariums, nursing and care homes, .