A. Defined
Educational Institution (Private) means a private school or educational or training academy providing instruction or programs of learning. Educational Institution (Private) includes tutoring and college entrance exam preparatory courses, art education programs, artistic performances, indoor and outdoor recreation programs and summer day camps, any of which may serve individuals who are not enrolled as students in the institution’s academic program. Educational Institution (Private) does not include schools operated by the County Board of Education or education conducted in the provider's home as a Home Occupation (See Section 3.3.3.H, Home Occupation).
B. Exemptions
A conditional use is not required for:
1. any private educational institution or parochial school that is located in a build-ing or on premises owned or leased by any church or religious organization; the government of the United States; the State of Maryland or any State agency; Montgomery County; or any incorporated village or town within Montgomery County. This exemption does not apply to any Educational Institution (Private) that received conditional use approval by the Hearing Examiner to operate in a building or on a property that was not owned or leased by any church or religious organization at the time the decision of the Hearing Examiner was issued.
2. any Educational Institution (Private) that is located in a building or on land that has been used for a public school or that is owned or leased by the County; however, site plan approval is required under Section 7.3.4 for:
a. construction of an Educational Institution (Private) on vacant land owned or leased by the County; or
b. any cumulative increase that is greater than 15% or 7,500 square feet, whichever is less, in the gross floor area, as it existed on February 1, 2000, of an Educational Institution (Private) located in a building that has been used for a public school or that is owned or leased by Montgomery County. Site plan approval is not required for:
i. an increase in floor area of an Educational Institution (Private) located in a building that has been used for a public school or that is owned or leased by Montgomery County if a request for review under mandatory referral was submitted to the Planning Board on or before February 1, 2000, or
ii. any portable classroom used by a private educational institution that is located on property owned or leased by Montgomery County and that is in place for less than one year.
C. Use Standards
1. Where an Educational Institution (Private) is allowed as a limited use, it must satisfy the following standards:
a. In the CRN zone, if the subject lot abuts or confronts property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
b. In the IL and IM zones, Educational Institution (Private) is limited to trade, artistic, or technical instruction.
2. Where an Educational Institution (Private) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1,Conditional Use, and the following standards:
a. The Educational Institution (Private) will not constitute a nuisance because of traffic, number of students, noise, type of physical activity, or any other element that is incompatible with the environment and character of the surrounding neighborhood.
b. The Educational Institution (Private) will be in a building compatible with the residential character of the surrounding neighborhood, and, if the Educational Institution (Private) is located on a lot of 2 acres or less, in either an undeveloped area or an area substantially developed with detached houses, the exterior architecture of the building must be similar to a detached house design, and at least comparable to any existing homes in the immediate neighborhood.
c. The Educational Institution (Private) will not, in and of itself or in combination with other existing uses, affect adversely or change the present character or future development of the surrounding residential community.
d. The number of pupils per acre allowed to occupy the premises at any one time must be specified by the Hearing Examiner considering the following factors:
i. traffic patterns, including:
(a) impact of increased traffic on residential streets;
(b) proximity to transit services, Area Connectors, Town Center Streets, Downtown Streets, Boulevards, and Controlled major highways; and
(c) provision of measures for Transportation Demand Management in Chapter 42 (Section 42A-21).
ii. adequacy of drop-off and pick-up areas for all programs and events, including on-site stacking space and traffic control to effectively deter vehicle queues on adjacent streets;
iii. adequacy of student and visitor parking; and
iv. noise or type of physical activity.
e. Density greater than 87 pupils per acre may be permitted only where the Hearing Examiner finds that:
i. the program of instruction, special characteristics of students, or other circumstances justify reduced space and facility requirements;
ii. the additional density will not adversely affect adjacent properties; and
iii. additional traffic generated by the additional density will not adversely affect the surrounding streets.
f. Outdoor recreation facilities are screened from abutting residential properties under Division 6.5.
g. Any lighting associated with outdoor recreation facilities must satisfy Section 6.4.4.
h. If an Educational Institution (Private) operates or allows its facilities by lease or other arrangement to be used for: (i) tutoring and college entrance exam preparatory courses; (ii) art education programs; (iii) artistic performances; (iv) indoor and outdoor recreation programs; or (v) summer day camps, the Hearing Examiner must find, in addition to the other required findings for the grant of a conditional use, that the activities in combination with other activities of the institution, will not have an adverse effect on the surrounding neighborhood due to traffic, noise, lighting, or parking, or the intensity, frequency, or duration of activities. In evaluating traffic impacts on the community, the Hearing Examiner must take into consideration the total cumulative number of expected car trips generated by the regular academic program and the after school or summer programs, whether or not the traffic exceeds the capacity of the road. A transportation management plan that identifies measures for reducing demand for road capacity must be approved by the Hearing Examiner.
i. The Hearing Examiner may limit the number of participants and frequency of events.
(Legislative History: Ord. No. 18-08, § 4; Ord. No. 19-39, § 4.)