§ 27-548.56. Requirements Part 10C.

(a)

Prohibited Uses.

(1)

In order to protect the public health, safety, and welfare of the communities surrounding Joint Base Andrews and to protect air operations at Joint Base Andrews, the following uses are strictly prohibited in Accident Potential Zones 1 and 2 and the Clear Zone (also referred to collectively as the "Safety Zones") within the Military Installation Overlay Zone:

(A)

Schools that offer a complete program of nursery school education accredited by the Maryland State Department of Education or a complete program of academic elementary (including pre-kindergarten and kindergarten), junior high (middle), or senior high school education or public or private institutions of higher learning, colleges, or universities;

(B)

Club or lodge, or public building;

(C)

Commercial recreational or entertainment attractions (indoor or outdoor), community building, performance art center, arena, stadium, auditorium, museum, art gallery, theater, movie theater;

(D)

Congregate living, hotel/motels, senior or retirement housing, multi-family housing;

(E)

Day care center for children or adults, assisted living facility, hospital, adult rehabilitation center, medical or health campus, nursing or care home, medical day care, homeless or transitional shelter;

(F)

Class III landfill, transfer station;

(G)

Commercial and Industrial uses that include the sales, handling, above-ground storage, refining, fabrication or manufacturing of explosives, fireworks, or gunpowder; fertilizers, pesticides and insecticides; petroleum products (other than gas station or vehicle repair and service station), and other products constituting a potential hazard by fire, explosion or other means should an aircraft accident occur. May include refinery, asphalt mixing plant, cement manufacturing, distillery, dry cleaning plant; and

(H)

Any type of use, activity or storage, including temporary and accessory uses, that would cause any of the following impacts:

(i)

Release into the air any substance, such as steam, dust, or smoke which would impair visibility or otherwise interfere with the operation of aircraft;

(ii)

Produce light emissions, either direct or indirect (reflective), which would interfere with pilot vision;

(iii)

Produce electrical emissions which would interfere with aircraft communication systems or navigation equipment.

(I)

Cement manufacturing, concrete batching or cement mixing plant, concrete recycling facility, sand and gravel wet-processing, surface mining.

(J)

New uses on the Limited Use List in Section 27.548.56(b)(1) beyond the size limitations described therein.

(2)

In addition to the provisions of this Section, above, the following uses are strictly prohibited in the Clear Zone of the Military Installation Overlay Zone:

(A)

Eating and Drinking Establishments;

(B)

Churches or similar places of worship;

(C)

All office uses that exceed .08 F.A.R.; and

(D)

Retail sales.

(b)

Limited Permitted Uses.

(1)

In order to protect the public health, safety, and welfare of the communities surrounding Joint Base Andrews and to protect air operations at Joint Base Andrews, the following uses are permitted in Accident Potential Zones 1 and 2 within the Military Installation Overlay Zone, subject to size limitations:

(A)

Churches or similar places of worship;

(B)

Eating and drinking establishments; and

(C)

Office uses.

(2)

New limited permitted uses, including new accessory limited permitted uses on the site of an existing principal use, are subject to the following size restrictions:

(A)

New churches or similar places of worship shall not exceed 80 sanctuary seats or 6,000 square feet of gross floor area, whichever is greater.

(B)

New eating and drinking establishments in the M-I-O/C-S-C (Commercial Shopping Center) Zone shall not exceed 6,000 square feet of gross floor area.

(C)

New eating and drinking establishments within Accident Potential Zones but not classified in the C-S-C Zone shall not exceed 3,500 square feet of gross floor area.

(D)

New office uses accessory to a permitted use in the M-I-O/I-1, M-I-O/I-2, and M-I-O/I-3 shall not exceed 0.15 F.A.R; all other new office uses shall not exceed 0.08 F.A.R.

(3)

Existing uses on the Limited Use List in Section 27-548.56(b)(1) of this Subtitle at the time of reclassification of the subject property to the M-I-O Zone are permitted and not nonconforming if all of the following conditions apply:

(A)

The use is permitted in the underlying zone, including any applicable existing overlay zone; and

(B)

The use has a valid use and occupancy permit on the date of the property's classification into the M-I-O Zone for one of the following uses:

(i)

Church or similar place of worship;

(ii)

Eating or drinking establishment; or

(iii)

Office.

(4)

Alterations, expansion, or extensions of existing uses on the Limited Use List as defined by Section 27-548.56(b)(3) of this Subtitle may be permitted, subject to all of the following:

(A)

At the time of application, the applicant shall have a valid use and occupancy permit for the use on the Limited Use List proposed for alteration, expansion, or extension on the date the property was classified in the M-I-O Zone.

(B)

The use shall be located on property that is not within the boundaries of the Clear Zone of the M-I-O Zone;

(C)

The use shall be located on property within Accident Potential Zone 1; or Accident Potential Zone 2.

(D)

The proposed altered, expanded, or extended use shall be the primary use of the property and limited to one of the following:

(i)

Church or other place of worship;

(ii)

Eating and dining establishment; or

(iii)

Office.

(E)

The proposed expansion shall not exceed the height limitations in Section 27-548.54.

(F)

The proposed expansion, and the sum total of all expansions, shall not exceed a 25% increase in gross floor area.

(G)

Prior to approval of a site plan, preliminary subdivision plan, building permit, or use and occupancy permit, the applicant executes an affidavit acknowledging the property location within an Accident Potential Zone for Joint Base Andrews.

(5)

New uses on the Limited Use List in Section 27-548.56(b)(1) of this Subtitle are prohibited in Accident Potential Zones 1 and 2 beyond the size limitations described therein.

(c)

Development applications within the Safety Zones shall include a lighting plan that demonstrates compliance with all of the following standards:

(1)

All lighting shall be fully shielded with cut-off, non-glare fixtures directed only onto the site;

(2)

All external lighting must be projected downward at an angle of no less than ten (10) degrees below horizontal;

(3)

Buildings shall not use glass or other highly reflective materials on any surface angled above horizontal; and

(4)

Structures three (3) stories or taller shall use non-reflective wall surfaces and windows.

(CB-42-2015)