Section
151.1201 Purpose
151.1202 Use regulations
151.1203 Schedule of permitted uses
151.1204 Lot requirements
151.1205 Building setback requirements
151.1206 Height regulations
151.1207 Off-street parking setback requirements
151.1208 Regulations for permanent outdoor display and sales
151.1209 Temporary uses including outdoor sales and displays
151.1210 Outdoor dining
151.1211 Accessory use regulations
151.1212 Landscaping and screening requirements
151.1213 Performance standards
151.1214 Supplemental regulations for drive-through facilities and freestanding automated teller machines
151.1215 Supplemental regulations for specialty and general retail uses in an Office Commercial District
151.1216 Supplemental regulations for the Bethesda North Hospital property
151.1217 Development plan review
The Business Districts (O, OC, L-B, G-B, OMG and OM) and their regulations are established in order to achieve, among others, the following purposes:
(A) To provide in appropriate and convenient locations, sufficient areas for business activities for the exchange of goods and services;
(B) To protect residential neighborhoods adjacent to business uses by restricting the types of establishments, particularly at the common boundaries, that would create congestion, noise or other objectionable influences;
(C) To protect and stabilize both residential and nonresidential developments from congestion by requiring off-street parking facilities;
(D) To provide Office Districts (O) and Office Commercial Districts (OC) to create an environment that is conducive to well-located and designed offices building sites to accommodate all types of offices and limited business service activities;
(E) To provide Limited Business Districts (L-B) to accommodate small-scale limited retail, office uses and uses confined primarily to indoor activities with residentially sensitive scale and character;
(F) To provide General Business Districts (G-B) with parcels of sufficient size, allowing for a broader range of commercial uses and services than those specified in the L-B District, including more intensive automotive and outdoor uses;
(G) To provide an Old Montgomery District (OM) that preserves the historic fabric of the downtown area by maintaining retail and office uses along the primary street frontages, reducing the parking requirements and allowing for buildings to be located closer to the street. To further achieve these objectives, the District has been divided into the "core area" and "outer area". In the core area, development standards are established to maintain the traditional character and arrangement of lots along the Montgomery Road corridor; in the outer area, slightly more generous standards have been established for adjacent lots surrounding the corridor where existing lot arrangements are more flexible; and
(H) To provide an Old Montgomery Gateway District (OMG) to accommodate retail, office and mixed use developments that strengthen the current historic district and create a cohesive development pattern and density in the OMG and OM Districts.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)
(A) Uses Permitted By Right. A use listed in Schedule 151.1203 shall be permitted by right as a principal use in a district when denoted by the letter "P" provided that all requirements of other city ordinances and this Zoning Code have been met;
(B) Conditional Uses. A use listed in Schedule 151.1203 shall be permitted as a conditional use in a district when denoted by the letter "C", provided the Planning Commission and/or Council make the determination that the requirements of Chapter 151.20 have been met according to the procedures set forth in Chapter 150.16;
(C) Accessory Uses. A use listed in Schedule 151.1203 shall be permitted as an accessory use in a district when denoted by the letter "A". Such use shall be permitted as a subordinate building or use when it is clearly incidental to and located on the same lot as the principal building or use. Accessory uses are further regulated in subsequent sections of this Zoning Code;
(D) Use Not Listed in Schedule. Although a use may be indicated as a permitted principal, conditional or accessory use in a particular district, it shall not be approved on a parcel unless it can be located thereon in full compliance with all of the standards and other regulations of this Zoning Code applicable to the specific use and parcel in question. Any use not specifically listed as either a permitted principal or conditional use shall be a prohibited use in these zoning districts and shall only be permitted upon amendment of this Code and/or the Zoning Map as provided in Chapter 150.22 or upon a finding that a use is substantially similar as provided in § 150.1611.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)
Land Use Category | Office District "O" | Office Commercial District "OC" | Limited Business District "LB" | General Business District "G-B" | Old Montgomery Gateway District "OMG" | Old Montgomery District "OM" |
Land Use Category | Office District "O" | Office Commercial District "OC" | Limited Business District "LB" | General Business District "G-B" | Old Montgomery Gateway District "OMG" | Old Montgomery District "OM" |
(A) Residential | ||||||
(1) Single-family attached dwellings | P | P | ||||
(2) Two-family dwellings | P | P(a) | ||||
(3) Multi-family dwellings | P(e ) | P(e) |
P | P(a) | ||
(4) Retirement villages | C | C | ||||
(5) Bed and Breakfasts | C | C | ||||
(6) Residential uses as conversions from retail and office uses | P(a) | |||||
(7) Residential units on upper floor of a commercial/office building | P | P | P | |||
(8) Mixed Use Developments | P | C | C | P | P(a) | |
(B) Community Facilities | ||||||
(1) Places of worship | C | C | C | C | C | C |
(2) Daycare within churches, schools | P | P | P | P | P | P |
(3) Day care center (child and adult) | P | P | P | P | P | P |
(4) Public utility substations | C | C | C | C | ||
(5) Libraries, museums | P | P | P | P | P | P |
(6) Public offices | P | P | P | P | P | P |
(7) Public safety facilities | P | P | P | P | P | P |
(8) Public service facilities | C | |||||
(9) Schools, public & private | C | C | C | C | C | C |
(C) Medical Facilities | ||||||
(1) Hospitals | C( d) | C( d) | C | |||
(2) Nursing Homes | C | C | C | |||
(D) Office and Professional Services | ||||||
(1) Administrative, executive and professional offices including the management of commercial businesses, and religious institutions | P | P | P | P | P | P |
(2) Banks and other financial institutions | P | P | P | P | P | P |
(3) Public offices | P | P | P | P | P | P |
(4) Medical offices of physicians, dentists, health and allied services and clinics | P | P | P | P | P | P |
(E) Retail | ||||||
(1) Bakery, confectionery (retail/storefront operation only) | P | P | P | P | ||
(2) Greenhouses | P | |||||
(3) Freestanding automated teller machines | P | A | A | A | ||
(4) Drive-through facility in association with a permitted use | P | P | P | P | C | C/ |
(5) Retail, specialty including jewelry store, clothing boutique, vitamin store and other similar uses | P(f) |
P | P | P | P | |
(6) Retail, general including furniture store, grocery, drug store and other similar uses | A |
P | P | P | P | |
(F) Eating Establishments | ||||||
(1) Restaurants | ||||||
(a) Table Service | P | P | P | P | ||
(b) Counter Service | P | P | P | P | ||
(2) Taverns, bars, cocktail lounges | P | P | P | |||
(3) Outdoor dining | P | P | P | P | ||
(G) Services | ||||||
(1) Animal boarding facility | C | C | ||||
(2) Animal grooming facility (excluding open kennels or open runs) | P | P | P | |||
(3) Animal hospital or clinic; grooming facility (excluding open kennels or open runs) | P | P | P | |||
(4) Barber and beauty shops | P | P | P | P | P | |
(5) Dry cleaning / laundry pickup station | P | P | P | P | ||
(6) Funeral home, mortuaries | P | P | P | |||
(7) Motels, hotels | P | P | P(a) | |||
(8) Studios for instruction | P | P | P | P | P | |
(9) Shoe repair, tailoring | P | P | P | P | P | |
(10) Construction and Mechanical Services | P | |||||
(H) Automotive/Transportation | ||||||
(1) Parking as principal use (lot or garage) | P | P | C | |||
(2) Automobile, truck, trailer sales and rental | C | |||||
(3) Car wash | C | |||||
(4) Gasoline station | C | |||||
(5) Vehicle maintenance and repair facility | C | |||||
(I) Entertainment/Recreation | ||||||
(1) Indoor recreation such as bowling lanes, tennis, fitness, etc. | P | P | P | |||
(2) Theaters | P | P | P | |||
(3) Public and private parks | P | P | P | P | P | P |
(4) Clubs, lodges or other assembly halls | P | P | P | P | P(a) | |
(5) Outdoor recreation including miniature golf courses, swimming pools and other similar uses | C | |||||
(J) Trade Businesses/Services | ||||||
Repair and service shop for such items as bicycles; typewriters; keys and locks; electrical, radio and television appliances in completely enclosed buildings | P | P | P | P | ||
(K) Other | ||||||
(1) Outdoor displays | P(f) | P(f) | P(f) | P(f) | ||
(2) Wireless Telecommunications Facilities | See Chapter 151.36 | |||||
(3) Sexually oriented businesses | P(g) | |||||
(L) Accessory | ||||||
(1) Restaurants and pharmacies in connection with a principal use when conducted and entered only from within the principal building | A | A | A | A | A | |
(2) Off- street parking and loading areas | A | A | A | A | A | A |
(3) Fences, walls, landscape features | A | A | A | A | A | A |
(4) Trash receptacles | A | A | A | A | A | A |
(5) Signs | A | A | A | A | A | A |
(6) Outdoor recreation, including basketball courts, swimming pools and other similar uses in association with an approved multi-family
development or hotel/motel | A | A | A | A | ||
(M) Sexually Oriented Businesses | P(g) | |||||
Notes to § 151.1203: (a) Permitted in the “outer area” only. See City Zoning Map for boundaries of outer area. (b) Uses above the first floor. (c) Uses on the first floor. (d) Except as permitted by right per § 151.1215. (e) Only as part of a Mixed Use Development. (f) Permitted subject to supplemental regulations of § 151.1209. (g) See sexually oriented business regulations in Chapter 151.18. P = Use Permitted by Right C = Conditional Use A = Accessory Use | ||||||
(Am. Ord. 6-2006, passed 4-5-06; Am. Ord. 7-2006, passed 4-19-06; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 19-2014, passed 12-3-14; Am. Ord. 2-2017, passed 1-4-17; Am. Ord. 7-2022, passed 10-5-22)
(A) The minimum lot requirements for uses in the O, OC, L-B, G-B, OMG and OM Districts are specified in Schedule 151.1204(A).
Office District "O" | Office Commercial District "OC" | Limited Business "LB" | General Business "GB" | Old Montgomery Gateway District "OMG" | Old Montgomery District "OM"(a) | ||
Core Area | Outer Area |
Office District "O" | Office Commercial District "OC" | Limited Business "LB" | General Business "GB" | Old Montgomery Gateway District "OMG" | Old Montgomery District "OM"(a) | ||
Core Area | Outer Area | ||||||
(1) Minimum Lot Size | 15,000 sq . ft. | 15,000 sq. ft. | 15,000 sq. ft. | 15,000 sq. ft. | 10,000 sq. ft. | None | None |
(2) Minimum Lot Width | 75 ft. | 75 ft. | 75 ft. | 75 ft. | 40 ft. | None | None |
(3) Mandatory Building Width | – | – | – | – | 60% f lot width(c) | 70 % of lot width(b) |
None |
(4) Maximum Impervious Surface Coverage | – | – | 60 % of lot area | – | – | – | – |
Notes to Schedule 151.1204(A):
(a) See City Zoning Map for boundaries of core area vs. outer area. | |||||||
(B) Lot Frontage Requirements in the Core Area of the Old Montgomery District. Each lot shall have a minimum of 70% of the linear length of the lot frontage devoted to a building, or a building and wall in combination, as specified below:
(1) The length of lot frontage utilized in the calculation shall not include the width of access drives.
(2) When the length of the building frontage equals less than 70% of the linear length of the lot frontage, a wall shall be required as specified below so that the length of the building and wall, in combination, equal a minimum of 70% of the linear length of such lot frontage.
(a) Walls shall be constructed of solid masonry and shall have a height not less than three feet, not including ornamentation or other features.
(b) Walls shall be located no farther from the public right-of-way than the building setback line established in § 151.1205(B).
(Ord. 5-2005, passed 3-23-05; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 16-2013, passed 11-6-13;
Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)
(A) Every building shall be located on a lot in compliance with the setback requirements set forth in Schedule 151.1205(A).
Office District "O" | Office Commercial District "OC" | Limited Retail "LB" | General Business District "G-B" | Old Montgomery Gateway District "OMG"(c) | Old Montgomery District "OM"(a) | ||
Core Area | Outer Area |
Office District "O" | Office Commercial District "OC" | Limited Retail "LB" | General Business District "G-B" | Old Montgomery Gateway District "OMG"(c) | Old Montgomery District "OM"(a) | ||
Core Area | Outer Area | ||||||
(1) Front Yard | 30 ft. | 30 ft. | 30 ft. | 30 ft. | 0 ft.(c) | 0 ft. | 10 ft. |
(2) Side Yard | 10 ft.(c) | 10 ft.(b) | 10 ft.(c) | 10 ft.(c) | 5 ft.(c) | 0 ft. | 5 ft. |
(3) Rear Yard | 15 ft. | 15 ft. | 15 ft. | 15 ft. | 15 ft. | 0 ft. | 15 ft. |
(4) Side/Rear Yards When Adjoining a Residential District or Use | 45 ft. | 45 ft. | 45 ft. | 45 ft. | 15 ft. side 45 ft. rear for commercial structures 10 ft. rear (b) for residential structures | 15 ft. | 15 ft.
|
Notes to Schedule 151.1205: (a) See City Zoning Map for boundaries of core area vs. outer area. (b) Or ½ of the building height, whichever is greater. (c) See also § 151.1508 | |||||||
(B) Front Yards of Built-Up Blocks. In an O, OC, L-B, or G-B District, whenever a vacant lot is proposed for development and there are existing buildings (other than those of an accessory use) on adjacent lots that do not meet the minimum setback requirements, the minimum front setback for the vacant lot shall be the mean distance of setback of all buildings within 200 feet of the proposed structure along the block front. However, in no instance shall a building be placed nearer to the front lot line than 15 feet.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 16-2013, passed 11-6-13; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)
(A) The height of buildings and structures in the O, OC, G-B and L-B Districts shall not exceed three stories, up to a maximum of 45 feet, except as permitted in § 150.0204(B).
(B) The height of buildings in the Heritage Overlay District shall comply with the requirements set forth in § 151.1405.
(C) The height of the buildings in the OMG District shall comply with the requirements set forth in § 151.1513.
(Ord. 5-2005, passed 3-23-05; Am. Ord. 12-2008, passed 9-3-08; Am. Ord. 2-2014, passed 3-5-14; Am. Ord. 7-2022, passed 10-5-22)
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