Sec. 59-G-2.39. Parking of automobiles, off-street, in connection with commercial uses.

A special exception may be granted for off-street parking of motor vehicles in connection with commercial uses, subject to the following findings and requirements:

   (a)   Off-street parking at this location will not constitute a nuisance because of traffic, noise, or physical activity;

   (b)   The commercial uses to be served by the facility are not in the C-T or the C-1 zone, unless the land in the C-1 zone complies with the exceptions to this provision stated in either subparagraph (h) or subparagraph (i), below;

   (c)   The land on which the facility is to be located is not reserved for street or highway purposes;

   (d)   The facility is in compliance with the applicable provisions of article 59-E, particularly the parking area screening provisions of section 59-E-2.9;

   (e)   No charge is to be made for the first hour of parking unless the facility is located within the boundary of a parking lot district as defined in chapter 60 of this Code;

   (f)   No service of any kind is to be provided to persons occupying vehicles parked in such a facility; and

   (g)   No spaces in the facility are to be used for automobile service, repair or storage, other than the storage of new cars by a new car dealer at a location adjacent to or separated only by a street from land in the C-2 zone. The board may limit the number of new cars to be stored at the facility.

   (h)   If off-street parking is required to accommodate additional development on property zoned C-1 and substantially developed in accordance with those uses permitted in the C-1 zone prior to March 16, 1971, a special exception for parking of automobiles may be granted subject to the following conditions:

      (1)   There is insufficient land in the C-1 zone to accommodate the amount of parking required by the additional development;

      (2)   The applicable approved and adopted master plan anticipated the provision of parking on residentially zoned land in connection with commercial uses in the C-1 zone;

      (3)   This special exception will be an addition to a previously granted special exception for off-street parking at the same general location; and

      (4)   The total of the area in the C-1 zone together with the area used for parking in the residential zone (exclusive of areas devoted to landscaping and driveways) will not exceed 15 acres.

   (i)   If the land in the one-family residential zone is specifically designated as suitable for special exception uses on a master plan approved and adopted on or before January 25, 1967, a special exception may be granted for parking of automobiles in connection with commercial uses in the C-1 zone, subject to the following conditions:

      (1)   The land is part of a single parcel which is divided into 2 or more different zoning categories, and the portions that are not in the C-1 zone do not have direct and usable frontage on a public street; and

      (2)   The adjacent land in the C-1 zone was not substantially developed in retail commercial uses prior to January 1, 1968.

(Legislative History: Ord. No. 10-32, § 16; Ord. No. 10-70, § 4.)

   Editor's note-In Eger v. Stone, 253 Md. 533, 253 A.2d 372 (1969), the court found that there was sufficient evidence to sustain the granting of an exception for off-street parking.