§ 27-396. Private school.

(a)

A private school which offers instruction at levels above the sixth grade may be permitted, subject to the following:

(1)

There is a demonstrated need for the proposed use in the area;

(2)

The proposed site is of sufficient size to properly accommodate a school of the type proposed without adversely affecting abutting land uses;

(3)

No private school shall be located in a multifamily dwelling or in any building of a multifamily project;

(4)

The Council may specify the maximum number of students to be enrolled, which may not be increased by State or local health, education, or fire regulations; and

(5)

If the school offers general academic instruction below college level, an outdoor play area (or other outdoor activity area) shall be provided, which shall have a usable space of at least one hundred (100) square feet per student. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least five (5) feet high.

(b)

A private school which offers a partial or complete program of elementary school (including kindergarten) or nursery school may be permitted, subject to the following:

(1)

The Council may specify the maximum number of children to be enrolled, which may not be increased by State or local health, education, or fire regulations;

(2)

An outdoor play area shall be provided, which shall have a usable space of at least one hundred (100) square feet per child. This area shall be located at least twenty-five (25) feet from any dwelling on an adjoining lot, and shall be enclosed by a substantial wall or fence at least three (3) feet high;

(3)

No private school, other than a nursery school, shall be located in any multifamily dwelling or in any building of a multifamily project;

(4)

In the C-W, C-M, I-1, I-2, and I-4 Zones, a day care center for children shall be allowed only if the Council finds that existing development and uses in the neighborhood (particularly on adjacent properties) will not adversely affect the proposed use.

(c)

In addition to the requirements of Section 27-296(c), the site plan shall show:

(1)

The character of the proposed use;

(2)

The proposed enrollment;

(3)

The location of all dwellings located on adjoining lots; and

(4)

The location and size of outdoor play (or activity) areas.

(d)

Any private school which has, on or before the effective date of this Ordinance, fully complied with the provisions of this Subtitle in effect at that time shall not be required to meet the requirements of this Section, provided that the school has not been expanded, or the use changed, since that time. Any expansion or change shall be governed by the provisions of this Section, or of Sections 27-443, 27-463, or 27-541.

(e)

For the purposes of this Section, enrollment shall mean the total number of students enrolled in the school at any one time. If there are separate morning, afternoon, and evening sessions, each one of which is attended by different students, enrollment shall mean the number of students enrolled in the session having the largest number of students.

(f)

Medical uses, including, but not limited to medical practitioners' offices, education programs, medical clinics and laboratories may be permitted on a property with an approved special exception for a private school, provided that a separate Health Campus operating pursuant to an approved Special Exception is located within 500 feet of the property which is approved as a private school, and is in accordance with the following:

(1)

An additional medical use may locate on the campus of an existing private school, as a permitted use, and shall not require an amendment to the approved Special Exception for the private school use, provided that the additional medical use is located within a building on the private school campus that was constructed prior to January 1, 2016.

(2)

If additional parking is required to accommodate the additional medical use, the parking may be approved in accordance with the provisions of Section 27-325 of this Subtitle.

(3)

An amendment to an approved Special Exception for a private school is required for an additional medical use on the campus of an existing private school that is located within a building constructed after January 1, 2016, or located within an addition to an existing building on the private school campus, in accordance with Section 27-324 of this Subtitle.

(CB-133-1984; CB-28-1985; CB-33-1985; CB-23-1988; CB-1-1989; CB-98-2015)