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See section 59-G-2.43.
(Legislative History: Ord. No. 10-69, § 9; Ord. No. 12-1, § 1.)
A special exception may be granted for personal living quarters containing fifty (50) or more individual living units if the following requirements are met:
1. An applicant for a PLQ must submit documentary evidence which shows how the maintenance and management of the PLQ will be provided by the applicant. If appropriate, the Board of Appeals may require on-site management and maintenance of a PLQ based on the size of the PLQ development, the type of ILUs provided in the development, and the services provided to the residents of the PLQ.
2. The Board of Appeals may require an annual inspection of the Special Exception, as appropriate, to determine compliance with the terms and conditions of its grant.
3. The PLQ may have common assembly or recreation space which is to be in addition to space devoted to common circulation areas, shared cooking or sanitation facilities, and mechanical or other service areas. Such common space may be required as follows:
(a) 10% of the gross floor area of the PLQ, if the smallest ILU has a gross floor area from 150 square feet to 199 square feet;
(b) 5% of the gross floor area of the PLQ, if the smallest ILU has a gross floor area above 200 square feet.
(Ord. No. 13-46, § 9.)
A private club or service organization, including a community building, must meet the following standards:
(a) Lot size: Twice the minimum required in the zone, up to a maximum of 3 acres.
(b) Maximum building coverage: 15% up to a maximum building coverage, including accessory buildings, of 20,000 square feet.
(c) Green area: 50%
(d) Frontage: Twice the minimum required in the zone.
(e) Parking: 2.5 spaces per each 1,000 square feet of floor area.
(Legislative History: Ord. No. 12-1, § 1; Ord. No. 14-47, § 1.)
Editor's note-Section 59-G-2.42.1, relative to productivity housing project, was repealed by Ord. No. 13-14, § 7.
(a) A public utility building or public utility structure may be allowed by special exception. The findings of this subsection (a) do not apply to electric power transmission or distribution lines carrying in excess of 69,000 volts. For other buildings or structures regulated by this section, the Board must make the following findings:
(1) The proposed building or structure at the location selected is necessary for public convenience and service.
(2) The proposed building or structure at the location selected will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties.
(b) A public utility building allowed in any residential zone, must, whenever practicable, have the exterior appearance of a residential building and must have suitable landscaping, screen planting and fencing, wherever deemed necessary by the Board.
(c) The Board may approve a public utility building and public utility structure exceeding the height limits of the applicable zone if, in the opinion of the Board, adjacent residential developments and uses will not be adversely affected by the proposed use.
(d) Examples of public utility buildings and structures for which special exceptions are required under this section are buildings and structures for the occupancy, use, support or housing of switching equipment, regulators, stationary transformers and other such devices for supplying electric service; telephone offices; railroad, bus, trolley, air and boat passengers stations; and above ground pipelines.
(e) Reserved.
(f) In addition to the authority granted by Section 59-G-1.22, the Board may attach to any grant of a special exception under this section other conditions that it may deem necessary to protect the public health, safety or general welfare.
(g) Petitions for special exception under this section may be filed on project basis.
(h) A petitioner under this section is considered an interested person for purposes of filing a request for a special exception if the petitioner states in writing under oath that a bona fide effort has been made to obtain a contractual interest in the subject property for a valid consideration without success, and that there is an intent to continue negotiations to obtain the required interest or in the alternative to file condemnation proceedings should the special exception be granted.
(Legislative History: Ord. No. 10-69, § 9; Ord. No. 13-27, § 6; Ord. No. 13-76, §1; Ord. No. 14-47, § 1; Ord. No. 14-65, § 2; Ord. No. 15-54, § 11.)
Editor's note-Section 59-G-2.43(f) is interpreted and held preempted by Article 78 of the Maryland Annotated Code in Howard County v. Potomac Electric Power Company, 319 Md. 511, 573 A.2d 821 (1990). Both Montgomery County and Howard County required a special exception for installation of the power lines. Although the Montgomery County Board of Appeals approved a special exception to PEPCO, Howard County denied the application before it, and the company appealed. The Court of Appeals held that the Public Service Commission Law governing electric companies preempted by implication local regulation of the construction of overhead transmission lines in excess of 69,000 volts. The special exception requirement, therefore, could not be applied to PEPCO for the construction of the overhead transmission lines. Section 59-G-2.43(f) is cited in a footnote in Potomac Electric Power Co. v. Montgomery County, 80 Md.App. 107, 560 A.2d 50 (1989).
(a)* Any radio and television broadcasting station or tower must satisfy the following standards:
*Editor’s note—“(a)” added editorially.
(1) A support structure must be set back from the property line as follows:
a. In agricultural and residential zones, a distance of one foot from the property line for every foot of height of the support structure.
b. In commercial and industrial zones, a distance of one foot from the property line for every foot of height of the support structure from a property line separating the subject site from commercial or industrial zoned properties, and one foot for every foot of height of the support structure from residential or agricultural zoned properties.
c. The setback from a property line is measured from the base of the support structure to the property line.
d. The Board of Appeals may reduce the setback requirement to not less than the building setback of the applicable zone if the applicant requests a reduction and evidence indicates that a support structure can be located on the property in a less visually obtrusive location after considering the height of the structure, topography, existing vegetation, adjoining and nearby residential properties, if any, and visibility from the street.
(2) A support structure must be set back from any off-site dwelling as follows:
a. In agricultural and residential zones, a distance of 275 feet.
b. In all other zones, one foot for every foot in height.
c. The setback is measured from the base of the support structure to the base of the nearest off-site dwelling.
d. The Board of Appeals may reduce the setback requirement in the agricultural an residential zones to a distance of one foot from an off-site residential building for every foot of height of the support structure if the applicant requests a reduction and evidence indicates that a support structure can be located in a less visually obtrusive location after considering the height of the structure, topography, existing vegetation, adjoining and nearby residential properties, and visibility from the street.
(3) The structure supporting the antenna used for radio and television broadcasting must not exceed 275 feet in height, unless it can be demonstrated that the additional height is necessary to comply with the minimum requirements established by the Federal Communications Commission. At the completion of construction, before the support structure may be used to transmit any signal, and before the final inspection pursuant to the building permit, the applicant must certify to the Department of Permitting Services that the height and location of the support structure is in conformance with the height and location of the support structure as authorized in the building permit.
(4) The support structure must be sited to minimize its visual impact. The Board may require the support structure to be less visually obtrusive by use of screening, coloring, stealth design, or other visual mitigation options, after considering the height of the structure, topography, existing vegetation and environmental features, and adjoining and nearby residential properties. The support structure and any related equipment buildings or cabinets must be surrounded by landscaping or other screening options that provide a screen of at least 6 feet in height.
(5) The property owner must be an applicant for the special exception for each support structure. Any radio or television antenna that is collocated on an existing tower with another radio or television antenna is not required to obtain a special exception. A modification of a radio and television station or tower special exception is not required for a change to any use within the special exception area not directly related to the special exception grant. The equipment compound must have sufficient area to accommodate equipment sheds or cabinets associated with a station or tower.
(6) No signs or illumination are permitted on the antennas or support structure unless required by the Federal Communications Commission, the Federal Aviation Administration, or the County.
(7) Every freestanding radio and television broadcasting tower must be removed at the cost of the owner when no longer in use for more than 12 months.
(8) All support structures must be identified by a sign no larger than 2 square feet affixed to the support structure or any equipment building. The sign must identify the owner and the maintenance service provider of the support structure or any attached antenna and provide the telephone number of a person to contact regarding the structure. The sign must be updated and the Board of Appeals notified within 10 days of any change in ownership.
(9) Outdoor storage of equipment or other items is prohibited.
(10) Each owner of the facility is responsible for maintaining the facility in a safe condition.
(11) The applicants for the special exception must file with the Board of Appeals a recommendation from the Transmission Facility Coordinating Group regarding the tower. The recommendation must be no more than one year old.
(12) Prior to the Board granting any special exception for a radio and television broadcasting tower, the proposed facility must be reviewed by the County Transmission Facility Coordinating Group.
(b) Any radio and television broadcasting station or tower existing as of December 26, 2005 may continue as a conforming structure. However any structural change, repair, addition, alteration or reconstruction of a tower existing before December 26, 2005 must not result in an increase in the height of the tower above the height of the tower as it existed before December 26, 2005.
(Legislative History: Ord. No. 12-1, § 1; Ord. No. 15-54, § 11.)
A recreational or entertainment establishment of a commercial nature, such as a baseball, football or boxing stadium or arena, miniature golf course, golf or baseball driving range, a bowling alley, pool hall or billiard parlor, amusement centers, skateboard park, tennis court or swimming pool may be allowed; provided, that such use is not injurious to the surrounding area; and provided further, that in the industrial zones recreational establishments will be located as to assure the safety of the users of the facilities.
In the C-2 zone, recreational or entertainment establishments of a commercial nature, are limited to a baseball, football or boxing stadium or arena, swimming pool, miniature golf course, golf or baseball driving range, roller and ice skating rinks or amusement center, subject however, to the following requirements when located outdoors.
(a) When such use abuts the side and/or rear line of a lot in any residential zone, a solid wall or substantial, solid fence at least 6 feet in height shall be constructed and maintained along such lot line.
(b) Lighting is not to reflect or cause glare into any residential zone.
(c) When such use occupies a corner lot, the ingress or egress driveways shall be located at least 20 feet from the intersection of the front and side street lines of the lot, and such driveways shall not exceed 25 feet in width. Driveway entrances and exits shall not be located directly across a street or alley from nor less than 8 feet from residential property.
(Legislative History: Ord. No. 8-52, §§ 5, 6; Ord. No. 13-76, §1.)
Cross references-Amusements, ; recreation and recreation facilities, ; swimming pools, .
Small-scale retail sales and personal service establishments may be permitted, provided the following requirements are met:
(a) The convenience goods and services provided are those usually requiring frequent purchase and a minimum of travel by occupants of the nearby commercial area and adjacent residential neighborhood; they include only the following types of establishments:
(1) Barbershop;
(2) Beauty shop;
(3) Delicatessen;
(4) Drugstore;
(5) Dry cleaning and laundry pick-up station;
(6) Eating and drinking establishment, excluding a drive-in;
(7) Florist, provided, that a florist in existence in the C-T zone on April 1, 1986, is not required to obtain a special exception and is not a nonconforming use, subject to the special regulations of section 59-C-4.307(a);
(8) Newsstand;
(b) Each of the uses stated in paragraph (a), above, must be the subject of a separate special exception;
(c) Parking in accord with the requirements of article 59-E, title "Off-Street Parking and Loading," must be provided for these uses on site, notwithstanding the exceptions to on-site parking stated in section 59-C-4.307 of the C-T zone; and
(d) If located in an office building also occupied by unrelated office uses, the establishment must:
(1) Be located on the street level story and occupy a maximum of 50 percent of the floor area of that story; and
(2) Be located and constructed so as to protect other occupants of the building from noise, traffic, odors and interference with privacy.
(Legislative History: Ord. No. 10-70, § 4; Ord. No. 15-01, § 6.)
Editor's note-Prior to its complete revision by Ord. No. 10-70, § 4, § 59-G-2.46 dealt with noncommercial research institutions.
Retail sales and personal service establishments in a multiple-family dwelling or group of dwellings may be permitted subject to the following requirements:
(a) Only the following types of establishments shall be permitted:
Banks or savings and loan offices.
Barber and beauty shops.
Book stores.
Drug stores.
Dry cleaning and laundry pick-up stations.
Florists.
Food and beverage stores.
Gift shops.
Jewelry stores.
Laundromats.
Newsstands.
Offices, banking.
Restaurants.
Variety and dry goods stores.
(b) The establishments shall be primarily for the service of the residents of the building or complex in which it is located, and no deliveries shall be made except to such residents.
(c) There must be no entrances directly from the exterior to the establishments.
(d) The establishments shall not be located on any floor above the ground-level, except that a restaurant may be located on a top floor or penthouse.
(e) The establishments shall be so located and constructed as to protect tenants of the building from noise, traffic, odors, and interference with privacy.
(Legislative History: Ord. No. 13-76, §1; Ord. No. 15-01, § 6.)
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