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Article 59-A. In General.
Division 59-A-1. Purpose and Applicability.
§ 59-A-1.1. Purpose of chapter.
§ 59-A-1.2. Nonapplicability to certain municipalities.
§ 59-A-1.3. Violations, penalties, and enforcement.
§ 59-A-1.4. Adoption of maps.
§ 59-A-1.5. Location and boundaries of zones.
§ 59-A-1.6. Uncertainty as to boundaries of zones.
§ 59-A-1.7. Zoning and development within rights-of-way.
§ 59-A-1.8. Annexation of additional area to regional district.
§ 59-A-1.9. July 1, 1997 annexation of additional area to Montgomery County.
§ 59A-1.10. Fees
Division 59-A-2. Definitions and Interpretation.
§ 59-A-2.1. Definitions.
§ 59-A-2.2. General rules of interpretation.
Division 59-A-3. Building and Use-and-Occupancy Permits; Registration of Certain Uses.
§ 59-A-3.1. Building permit.
§ 59-A-3.2. Use-and-occupancy permit.
§ 59-A-3.3. Application for building and use-and-occupancy permits.
§ 59-A-3.4. Registration of a home occupation or home health practitioner's office.
§ 59-A-3.5. Termination of home occupation.
Division 59-A-4. County Board of Appeals.
§ 59-A-4.1. Authority and powers.
§ 59-A-4.2. Petitions for special exceptions and variances.
§ 59-A-4.3. Filing of appeals.
§ 59-A-4.4. Public hearings on petitions and appeals.
§ 59-A-4.5. Decision.
§ 59-A-4.6. Public hearings by hearing examiner.
Division 59-A-5. Compliance Required.
§ 59-A-5.1. Generally.
§ 59-A-5.2. Buildings to be located on lots.
§ 59-A-5.3. Yards and open spaces generally.
§ 59-A-5.4. Height of buildings and structures.
§ 59-A-5.5. Off-street parking.
§ 59-A-5.6. Master plan of highways.
§ 59-A-5.7. Uses constituting public nuisances.
Division 59-A-6. Uses Permitted in More than One Class of Zone.
§ 59-A-6.1. A no-impact home occupation, registered home occupation, or home health practitioner's office.
§ 59-A-6.2. Historic sites; historic districts.
§ 59-A-6.3. Home show.
§ 59-A-6.4. Fallout or emergency shelter.
§ 59-A-6.5. Benefit performance.
§ 59-A-6.6. Landing of rotorcraft.
§ 59-A-6.7. Temporary helistop.
§ 59-A-6.8. Opportunity housing projects.
§ 59-A-6.9. Cable communications system.
§ 59-A-6.10. Registered living unit—Standards and requirements.
§ 59-A-6.11. Temporary construction administration or sales office.
§ 59-A-6.12. Private telecommunication facility attached to a publicly owned structure or located on publicly owned land.
§ 59-A-6.13. Transitory use.
§ 59-A-6.14. Antenna for a private telecommunication facility mounted on a rooftop or structure located on privately owned land.
§ 59-A-6.15. Personal living quarters (PLQ).
§ 59-A-6.16. Adult entertainment businesses.
§ 59-A-6.17. Security pavilion.
§ 59-A-6.18. Workforce housing.
§ 59-A-6.19. Guest house.
§ 59-A-6.20. Attached or detached accessory apartment.
Division 59-A-7. Reserved.
Article 59-B. Exemptions From Controls.
Division 59-B-1. Exemptions From Height Controls.
§ 59-B-1.1. Belfries, chimneys, etc.
Division 59-B-2. Exemptions From Yard Requirements.
§ 59-B-2.1. Walls or fences.
Division 59-B-3. Exemptions for Projections.
§ 59-B-3.1. Steps, terraces, solar panels, and porches.
§ 59-B-3.2. Bay windows.
§ 59-B-3.3. Cornices, eaves, outside stairways, chimneys, air conditioners and heat pumps.
§ 59-B-3.4. Shelter entrance.
Division 59-B-4. Exemption for Church Buildings.
§ 59-B-4.1. Generally.
Division 59-B-5. Special Provisions for Conditions Predating 1958.
§ 59-B-5.1. Buildable lot under previous ordinance.
§ 59-B-5.2. Resubdivision of R-60 lots.
§ 59-B-5.3. One-family dwelling on a single lot.
§ 59-B-5.4. Resubdivision of lots, parts of lots, or parcels.
Division 59-B-6. Special Provisions for the area of the City of Takoma Park annexed into Montgomery County on July 1, 1997.
§ 59-B-6.2. Existing buildings and structures.
§ 59-B-6.3. Existing uses.
§ 59-B-6.4. Buildable lot.
§ 59-B-6.5. Reserved.
Division 59-B-7. Exemptions for Accessibility.
§ 59-B-7.1. Accessibility improvement.
Division 59-B-8. Exemptions for Unplatted Parcels Containing One-Family Detached Dwelling Units.
§ 59-B-8.1. One-family detached dwelling units on parcels created by deed.
Attachment to Article 59-B.
The 1928 Zoning Ordinance referred to in Chapter 59, Article 59-B.
Article 59-C. Zoning Districts; Regulations.
Division 59-C-1. Residential Zones, One-Family.
§ 59-C-1.1. Zones established.
§ 59-C-1.2. Methods of development.
§ 59-C-1.3. Standard development.
§ 59-C-1.4. Density control development.
§ 59-C-1.5. Cluster development.
§ 59-C-1.6. Development including moderately priced dwelling units.
§ 59-C-1.7. R-T zones, townhouse, residential.
Division 59-C-2. Residential Zones, Multiple-Family.
§ 59-C-2.1. Zones established.
§ 59-C-2.2. General regulations.
§ 59-C-2.3. Land uses.
§ 59-C-2.4. Development standards.
Division 59-C-3. R-MH Zone — Mobile Home Development.
§ 59-C-3.1. Intent and purpose.
§ 59-C-3.2. Land uses.
§ 59-C-3.3. Sale or rent.
§ 59-C-3.4. Design compatibility.
§ 59-C-3.5. Area and dimensional requirements.
§ 59-C-3.6. Installation.
§ 59-C-3.7. Circulation and utilities.
§ 59-C-3.8. Storage facilities.
§ 59-C-3.9. Procedures for application and approval.
Division 59-C-4. Commercial Zones.
§ 59-C-4.1. Zones established.
§ 59-C-4.2. Land uses.
§ 59-C-4.30. C-T zone—Purpose and development standards.
§ 59-C-4.31. O-M zone—-Purpose and development standards.
§ 59-C-4.32. C-O zone—Development standards.
§ 59-C-4.33. C-P zone—Purpose and development standards.
§ 59-C-4.34. C-1 zone—Purpose and development standards.
§ 59-C-4.35. C-2 zone—Purpose and development standards.
§ 59-C-4.36. C-3 zone—Purpose and development standards.
§ 59-C-4.37. C-4 zone—Purpose and development standards.
§ 59-C-4.38. H-M zone—Purpose and development standards.
§ 59-C-4.39. Country inn zone—Purpose and development standards.
§ 59-C-4.40. C-5 zone—Development standards.
§ 59-C-4.41. C-6 zone—Intent and development standards.
Division 59-C-5. Industrial Zones.
§ 59-C-5.1. Zones established.
§ 59-C-5.2. Land uses.
§ 59-C-5.3. Development standards.
§ 59-C-5.4. Special regulations.
Division 59-C-6. Central Business District Zones.
§ 59-C-6.1. Zones established.
§ 59-C-6.2. Provisions of CBD zones.
§ 59-C-6.3. R-CBD zone—Multiple-family, central business district residential.
§ 59-C-6.4. Reserved.
Division 59-C-7. Planned Unit Development Zones.
§ 59-C-7.0. Zones established.
§ 59-C-7.1. P-D Zone—Planned development zone.
§ 59-C-7.2. Town sector zone.
§ 59-C-7.3. Planned neighborhood zone.
§ 59-C-7.4. Planned retirement community zone.
§ 59-C-7.5. Mixed use planned development zone.
§ 59-C-7.6. Planned cultural center zone.
§ 59-C-7.7. Mixed use neighborhood.
Division 59-C-8. Transit Station Development Area Zones.
§ 59-C-8.1. Zones established.
§ 59-C-8.2. Intent, purposes and general requirements.
§ 59-C-8.3. Land uses.
§ 59-C-8.4. Development standards.
§ 59-C-8.5. Special requirements in the TS-R zone.
Division 59-C-9. Agricultural Zones.
§ 59-C-9.1. Zones established.
§ 59-C-9.2. Purposes or intent of the zones.
§ 59-C-9.3. Land uses.
§ 59-C-9.4. Development standards.
§ 59-C-9.5. Cluster development—Option in Rural Cluster zone and Low Density Rural Cluster zone.
§ 59-C-9.6. Transfer of density—Option in Rural Density Transfer zone.
§ 59-C-9.7. Exempted lots and parcels and existing buildings and permits.
§ 59-C-9.8. Special requirements for Rural Service zone.
Division 59-C-10. RMX Zones — Residential Mixed Use Development.
§ 59-C-10.1. Zones established.
§ 59-C-10.2. Methods of development.
§ 59-C-10.2.1. Standard Method of development regulations.
§ 59-C-10.2.2. Optional Method of Development for Mixed Use Development.
§ 59-C-10.3. Optional Method of Development Regulations.
Division 59-C-11. Mixed-Use Town Center Zone (MXTC).
§ 59-C-11.1. Where applicable.
§ 59-C-11.2. New construction, re-use of existing building, remodeling and reconstruction.
§ 59-C-11.3. Methods of development.
§ 59-C-11.4. Permitted uses.
§ 59-C-11.5. Development standards.
§ 59-C-11.6. Off-street parking for the MXTC zone and MXTC/TDR zone.
Division 59-C-12. Mineral Resource Recovery Zone.
§ 59-C-12.1. Intent and purpose.
§ 59-C-12.2. Where applicable.
§ 59-C-12.3. Land uses.
§ 59-C-12.4. Minimum area.
§ 59-C-12.5. Development standards.
§ 59-C-12.6. Special regulations.
§ 59-C-12.7. Submission requirements.
§ 59-C-12.8. Procedures for application and approval.
Division 59-C-13. Transit Oriented, Mixed-Use Zones (TOMX).
§ 59-C-13.1. Zones established.
§ 59-C-13.2. Provisions of the Transit Oriented, Mixed Use Zones.
Division 59-C-14. Transit Mixed-Use (TMX) Zone.
§ 59-C-14.1. Zones permitted.
§ 59-C-14.2. Description, purpose, and general requirements.
Division 59-C-15. Commercial/Residential Zones.
§ 59-C-15.1. Zones established.
§ 59-C-15.2. Description and objectives of the CR zones.
§ 59-C-15.3. Definitions specific to the CR zones.
§ 59-C-15.4. Methods of development and approval procedures.
§ 59-C-15.5. Land uses.
§ 59-C-15.6. General requirements.
§ 59-C-15.7. Development standards.
§ 59-C-15.8. Special regulations for the optional method of development.
§ 59-C-15.9. Existing approvals.
Divisions 59-C-16, 59-C-17. Reserved.
Division 59-C-18. Overlay Zones.
§ 59-C-18.1. Purpose and general provisions.
§ 59-C-18.2. Where applicable.
§ 59-C-18.3. Designation of overlay zones on the zoning map.
§ 59-C-18.4. Development procedure.
§§ 59-C-18.5—59-C-18.9. Reserved.
§ 59-C-18.10. Retail preservation overlay zone for the Wheaton Central Business District.
§ 59-C-18.11. Residential and open space preservation overlay zone for the Town of Garrett Park.
§ 59-C-18.12. Retail preservation overlay zone for the Arlington Road District of the Bethesda Central Business District sector plan.
§ 59-C-18.13. U.S. 29/Cherry Hill Road Employment Area Overlay Zone of the Fairland Master Plan.
§ 59-C-18.14. Overlay zone for the Burtonsville Employment Area of the Fairland Master Plan.
§ 59-C-18.15. Environmental Overlay Zone for the Upper Paint Branch Special Protection Area.
§ 59-C-18.16. Chevy Chase comparison retail overlay zone.
§ 59-C-18.17. Chevy Chase neighborhood retail preservation overlay zone.
§ 59-C-18.18. Sandy Spring/Ashton Rural Village Overlay Zone.
§ 59-C-18.19. Fenton Village Overlay Zone.
§ 59-C-18.20. Ripley/South Silver Spring Overlay Zone.
§ 59-C-18.21. Takoma Park/East Silver Spring commercial revitalization overlay zone.
§ 59-C-18.22. Neighborhood retail overlay zone.
§ 59-C-18.23. Rural village center overlay zone.
§ 59-C-18.24. Environmental overlay zone for the Upper Rock Creek Special Protection Area.
§ 59-C-18.25. Clarksburg East Environmental Overlay Zone.
§ 59-C-18.26. Clarksburg West Environmental Overlay Zone.
Article 59-D. Zoning Districts—Approval Procedures.
Introduction.
Division 59-D-1. Development Plan.
§ 59-D-1.1. Zones in which required.
§ 59-D-1.2. Development plan general requirements.
§ 59-D-1.3. Contents of development plan.
§ 59-D-1.4. Review and recommendation by planning board.
§ 59-D-1.5. Review and recommendation by hearing examiner.
§ 59-D-1.6. Approval by district council.
§ 59-D-1.7. Amendment of a development plan.
§ 59-D-1.8. Procedure for site plan approval.
Division 59-D-2. Project Plan for Optional Method of Development in CBD, TOMX, TMX, and RMX Zones.
§ 59-D-2.0. Zones enumerated.
§ 59-D-2.1. Application.
§ 59-D-2.2. Public hearing—Notification.
§ 59-D-2.3. Same—Procedure.
§ 59-D-2.4. Action by planning board.
§ 59-D-2.5. Department of Permitting Services.
§ 59-D-2.6. Amendment.
§ 59-D-2.7. Duration of validity period and actions required to validate the plan.
§ 59-D-2.8. Procedure for site plan approval.
§ 59-D-2.9. Enforcement.
Division 59-D-3. Site Plan.
§ 59-D-3.0. Generally.
§ 59-D-3.1. Requirements.
§ 59-D-3.2. Contents of proposed site plan.
§ 59-D-3.3. Zoning certification.
§ 59-D-3.4. Action by Planning Board.
§ 59-D-3.5. Effect of site plan.
§ 59-D-3.6. Failure to comply.
§ 59-D-3.7. Amendment of a site plan.
§ 59-D-3.8. Validity.
§ 59-D-3.9. Regulations.
Division 59-D-4. Diagrammatic Plan.
§ 59-D-4.1. Zone in which required.
§ 59-D-4.2. Diagrammatic plan: General requirements.
§ 59-D-4.3. Contents of diagrammatic plan.
§ 59-D-4.4. Review and recommendation by Planning Board.
§ 59-D-4.5. Review and recommendation by hearing examiner.
§ 59-D-4.6. Approval by district council.
§ 59-D-4.7. [Amendment]
Division 59-D-5. Combined Urban Renewal Project Plan.
§ 59-D-5.1. General requirements.
§ 59-D-5.2. Public hearing—Notification.
§ 59-D-5.3. Same—Procedure.
§ 59-D-5.4. Action by Planning Board.
§ 59-D-5.5. Notice of Department of Permitting Services.
§ 59-D-5.6. Amendment.
§ 59-D-5.7. Duration of validity period and actions required to validate the plan.
§ 59-D-5.8. Enforcement.
Article 59-E. Off-Street Parking and Loading.
Division 59-E-1. Off-Street Parking Space.
§ 59-E-1.1. Required.
§ 59-E-1.2. Structured parking.
§ 59-E-1.3. Distance from establishment served.
§ 59-E-1.4. Off-street loading space.
Division 59-E-2. Plans and Design Standards.
§ 59-E-2.1. Subject to approval.
§ 59-E-2.2. Size and arrangement of parking spaces.
§ 59-E-2.3. Standards for bicycle and motorcycle parking.
§ 59-E-2.4. Access and circulation.
§ 59-E-2.5. Drainage.
§ 59-E-2.6. Lighting.
§ 59-E-2.7. Landscaping.
§ 59-E-2.8. Parking facilities within or adjoining residential zone.
§ 59-E-2.9. Screening from land in a residential zone or institutional property.
Division 59-E-3. Number of Spaces Required.
§ 59-E-3.1. Mixed uses.
§ 59-E-3.2. Computing parking requirements for office development.
§ 59-E-3.3. Credits for specific uses.
§ 59-E-3.4. Off-site parking spaces.
§ 59-E-3.5. Computing number of employees.
§ 59-E-3.6. Conflict in requirements.
§ 59-E-3.7. Schedule of requirements.
Division 59-E-4. Parking Facility Plans for Projects Constructed in Accordance With Building Permits Filed After June 28, 1984.
§ 59-E-4.1. When required.
§ 59-E-4.2. Parking facilities plan objectives.
§ 59-E-4.3. Required provisions.
§ 59-E-4.4. Contents of the parking facilities plan.
§ 59-E-4.5. Waiver—Parking standards.
§ 59-E-4.6. Review procedures.
§ 59-E-4.7. Construction in accordance with approved parking facility plan.
Division 59-E-5. Exceptions, Waivers and Reductions.
§ 59-E-5.1. Reduction in area prohibited.
§ 59-E-5.2. Exceptions for parking lot districts.
§ 59-E-5.3. Waiver—Addition to building under previous ordinances.
§ 59-E-5.4. Reduction—New use in existing building.
§ 59-E-5.5. Exceptions and waivers for parking facilities constructed in accordance with building permits filed prior to June 28, 1984.
§ 59-E-5.6. Exception for proposed parking facilities shown on an approved development plan, project plan, site plan, or special exceptions approved prior to June 28, 1984.
§ 59-E-5.7. Exception for certain public utility facilities.
§ 59-E-5.8. Exception for storage space in general retail establishments and regional shopping centers.
Division 59-E-6. Compliance Requirements for Certain Parking Facilities Constructed in Accordance With Building Permits Filed Prior to June 28, 1984.
§ 59-E-6.1. When required.
§ 59-E-6.2. Approval of off-street parking within a public right-of-way.
§ 59-E-6.3. Perimeter landscape area for certain parking facilities constructed prior to June 28, 1984.
Article 59-F. Signs.
Division 59-F-1. Purpose, Intent, and Applicability.
§ 59-F-1.1. Purpose .
§ 59-F-1.2. Intent.
§ 59-F-1.3. General.
Division 59-F-2. Definitions.
Division 59-F-3. Sign Area Measurement.
§ 59-F-3.1. Generally.
§ 59-F-3.2. Supports.
§ 59-F-3.3. Multiple Sections.
§ 59-F-3.4. Multiple Planes.
Division 59-F-4. Permanent Sign — Design Elements and Limitations.
§ 59-F-4.1. Generally.
§ 59-F-4.2. By Zone.
§ 59-F-4.3. Urban renewal areas.
Division 59-F-5. Limited Duration Signs.
§ 59-F-5.1. Generally.
§ 59-F-5.2. General Requirements for Limited Duration Signs on Private Property.
§ 59-F-5.3. Requirements for Limited Duration Sign in the Public Right-of-Way.
Division 59-F-6. Temporary Signs.
§ 59-F-6.1. Generally.
§ 59-F-6.2. Requirements by Zone.
Division 59-F-7. Prohibited Signs.
§ 59-F-7.1. Unlawful to erect or to retain.
Division 59-F-8. Exempt Signs.
§ 59-F-8.1. Exempt.
Division 59-F-9. Permits and Licenses.
§ 59-F-9.1. Permit.
§ 59-F-9.2. Sign Installer License.
Division 59-F-10. Authority.
§ 59-F-10.1. Director of the Department of Permitting Services.
§ 59-F-10.2. Sign Review Board.
§ 59-F-10.3. Board of Appeals.
Division 59-F-11. Nonconforming Signs.
§ 59-F-11.1. Generally.
§ 59-F-11.2. Variances are not nonconforming.
Division 59-F-12. Sign Variances.
§ 59-F-12.1. Generally.
Division 59-F-13. Regulations for Signs in Urban Renewal Areas That Are Within an Arts and Entertainment District
§ 59-F-13.1. Regulations.
Article 59-G. Special Exceptions, Variances, and Nonconforming Uses.
Division 59-G-1. Special Exceptions—Authority and Procedure.
§ 59-G-1.1. Authority to hear and decide petitions.
§ 59-G-1.2. Conditions for granting.
§ 59-G-1.3. Compliance with special exception grant.
Division 59-G-2. Special Exceptions—Standards and Requirements.
§ 59-G-2.00. Accessory apartment. (These standards reflect the conditions required only for an accessory apartment approved before May 20, 2013.)
§ 59-G-2.00.1. Accessory dwelling.
§ 59-G-2.00.2. Abattoir.
§ 59-G-2.00.3. Reserved.
§ 59-G-2.00.4. Airstrip associated with farming operations.
§ 59-G-2.00.5. Amateur radio facility.
§ 59-G-2.00.6. Attached or detached accessory apartment.
§ 59-G-2.01. Ambulance or rescue squad, privately supported, nonprofit.
§ 59-G-2.02. Animal boarding place.
§ 59-G-2.03. Animal cemeteries.
§ 59-G-2.04. Antique shop.
§ 59-G-2.05. Art or cultural centers.
§ 59-G-2.05.1. Auction facility.
§ 59-G-2.06. Automobile filling stations.
§ 59-G-2.07. Automobile, light truck and light trailer rentals, outdoor.
§ 59-G-2.08. Automobile storage lots.
§ 59-G-2.09. Automobile, truck and trailer rentals, outdoor.
§ 59-G-2.09.1. Blacksmith.
§ 59-G-2.09.2. Bed-and-breakfast lodging.
§ 59-G-2.10. Boardinghouse.
§ 59-G-2.10.1. Cable communications system.
§ 59-G-2.11. Campground.
§ 59-G-2.11.1. Car wash.
§ 59-G-2.11.2. Catering facility, outdoors.
§ 59-G-2.12. Cemetery and family burial site.
§ 59-G-2.12.1. Chancery and International Organization.
§ 59-G-2.13. Day care facility for senior adults and persons with disabilities.
§ 59-G-2.13.1. Child day care facility.
§ 59-G-2.14. Clinic.
§ 59-G-2.15. Combination retail store.
§ 59-G-2.15.1. Conference center with lodging.
§ 59-G-2.15.2. Country market.
§ 59-G-2.16. Drive-in restaurants.
§ 59-G-2.17. Reserved.
§ 59-G-2.18. Reserved.
§ 59-G-2.181. Eating and drinking establishments in the O-M Zone.
§ 59-G-2.19. Educational institutions, private.
§ 59-G-2.20. Electric power transmission and distribution lines.
§ 59-G-2.21. Charitable or philanthropic institution.
§ 59-G-2.21.1. Family burial site.
§ 59-G-2.21.2. Farm machinery.
§ 59-G-2.21.3. Farm supply.
§ 59-G-2.21.4. Farm tenant mobile home.
§ 59-G-2.22. Fertilizer mixing plants.
§ 59-G-2.23. Funeral parlor or undertaking establishment.
§ 59-G-2.24. Golf course and country club.
§ 59-G-2.241. Golf Course in the RDT Zone.
§ 59-G-2.25. Golf driving range.
§ 59-G-2.25.1. Grain elevator.
§ 59-G-2.26. Group home, large.
§ 59-G-2.26.1. Group picnic, catering and recreation facility.
§ 59-G-2.27. Heliport and helistop.
§ 59-G-2.28. Highway fuel and food service.
§ 59-G-2.29. Home occupation, major.
§ 59-G-2.30. Nursery, horticultural retail.
§ 59-G-2.30.0. Nursery, horticultural - wholesale.
§ 59-G-2.30.00. Landscape contractor.
§ 59-G-2.30.000. Manufacture of mulch and composting.
§ 59-G-2.30.1. Hospice care facility.
§ 59-G-2.31. Hospitals.
§ 59-G-2.32. Hospital, veterinary.
§ 59-G-2.33. Hotels and motels.
§ 59-G-2.34. Reserved.
§ 59-G-2.35. Housing and related facilities for senior adults and persons with disabilities.
§ 59-G-2.35.1. Life care (continuing care) facility.
§ 59-G-2.36. Medical practitioners' office for use of other than a resident of the building.
§ 59-G-2.36.1. Milk plant.
§ 59-G-2.36.2. Dwellings.
§ 59-G-2.36.4. Meeting centers.
§ 59-G-2.37. Nursing home or domiciliary care home.
§ 59-G-2.38. Offices, professional, nonresidential.
§ 59-G-2.38.1. Offices, general.
§ 59-G-2.39. Parking of automobiles, off-street, in connection with commercial uses.
§ 59-G-2.39.1. Parking of automobiles, off-street in an industrial zone, in connection with any use permitted in a commercial zone.
§ 59-G-2.40. Parking of automobiles, off-street, at locations more than 500 feet walking distance from the entrance to a nonresidential establishment to be served.
§ 59-G-2.41. Pet shops.
§ 59-G-2.41.1. Pipeline, above ground.
§ 59-G-2.41.2. Personal living quarters.
§ 59-G-2.42. Private club and service organization.
§ 59-G-2.42.1. Reserved.
§ 59-G-2.43. Public utility buildings and structures.
§ 59-G-2.44. Radio and television broadcasting stations and towers.
§ 59-G-2.45. Recreational or entertainment establishments, commercial.
§ 59-G-2.46. Retail and service establishments.
§ 59-G-2.47. Retail establishments in a multiple-family dwelling.
§ 59-G-2.48. Retail establishments in an office building.
§ 59-G-2.49. Equestrian facility in a residential zone.
§ 59-G-2.49.1. An equestrian facility in an agricultural zone.
§ 59-G-2.50. Rifle or pistol ranges, indoor.
§ 59-G-2.51. Rifle, pistol and skeet shooting ranges, outdoor.
§ 59-G-2.51.1. Reserved.
§ 59-G-2.52. Rock or stone quarries.
§ 59-G-2.53. Sand, gravel or clay pits.
§ 59-G-2.53.1. Sanitarium.
§ 59-G-2.54. Sawmills.
§ 59-G-2.54.1. Secondary agricultural processing, not otherwise specified.
§ 59-G-2.54.2. Solid waste transfer station, sanitary landfill, or incinerator.
§ 59-G-2.54.3. Storage, outdoor.
§ 59-G-2.55. Swimming pools, commercial.
§ 59-G-2.56. Swimming pools, community.
§ 59-G-2.57. Teahouse and restaurant in residential zones.
§ 59-G-2.58. Telecommunications facility.
§ 59-G-2.59. Theaters, legitimate.
§ 59-G-2.60. Theaters, indoor.
§ 59-G-2.61. Reserved.
§ 59-G-2.62. Tire, battery, and accessory stores.
§ 59-G-2.63. Winery.
Division 59-G-3. Variances.
§ 59-G-3.1. Authority—Board of Appeals.
§ 59-G-3.2. Authority—Director of Department of Permitting Services.
Division 59-G-4. Nonconforming Uses, Buildings, and Structures.
§ 59-G-4.1. Continuation.
§ 59-G-4.2. Exceptions.
§ 59-G-4.3. Noncomplying multi-family dwellings.
§ 59-G-4.4. Termination of junkyard, including automobile recycling facility.
§ 59-G-4.5. Termination of central mixing plant for asphalt, concrete or other paving material.
Article 59-H. Amendment Procedures.
Division 59-H-1. Map Amendments.
§ 59-H-1.1. Generally.
Division 59-H-2. Map Amendments—Applications.
§ 59-H-2.1. Who may file.
§ 59-H-2.2. Limitations on filing—Local map amendments.
§ 59-H-2.3. Filing fees—Local map amendments.
§ 59-H-2.4. Contents of standard method of application—Local map amendments.
§ 59-H-2.4A. Reserved.
§ 59-H-2.5. Contents of optional method of application—Local Map amendments.
§ 59-H-2.6. Sectional and district map amendments.
Division 59-H-3. Map Amendments—Planning Board Recommendation.
§ 59-H-3.1. Generally—Local map amendments.
§ 59-H-3.2. Generally—Sectional map amendments.
Division 59-H-4. Public Hearing.
§ 59-H-4.1. Hearing required.
§ 59-H-4.2. Notice of hearing—Local map amendments.
§ 59-H-4.3. Submission of evidence prior to hearing.
§ 59-H-4.4. Conduct of hearing.
§ 59-H-4.5. Deferral, postponement, or continuance of hearing.
Division 59-H-5. Hearing Examiner.
§ 59-H-5.1. Duties of hearing examiner.
§ 59-H-5.2. Assignment of hearing examiner.
§ 59-H-5.3. Authority of hearing examiner.
§ 59-H-5.4. Powers reserved by district council.
Division 59-H-6. Action by District Council, Local Map Amendments.
§ 59-H-6.1. Basis and types of action.
§ 59-H-6.2. Approval limited to zones applied for.
§ 59-H-6.3. Approval limited to area applied for.
§ 59-H-6.4. Conditional approval not permitted.
§ 59-H-6.5. Oral argument.
§ 59-H-6.6. Withdrawal of application.
§ 59-H-6.7. Limitation on reapplication.
§ 59-H-6.8. Dismissal of application.
Division 59-H-7. Action by District Council, Sectional and District Map Amendments.
§ 59-H-7.1. Basis and types of action.
§ 59-H-7.2. Conditional approval not permitted.
Division 59-H-8. Action by District Council—Procedure.
§ 59-H-8.1. Time limit.
§ 59-H-8.2. Vote.
§ 59-H-8.3. Opinion.
§ 59-H-8.4. Appeal.
§ 59-H-8.5. Reconsideration.
Division 59-H-9. Text Amendments.
§ 59-H-9.1. Introduction of amendment proposals.
§ 59-H-9.2. Planning board and executive to receive copy.
§ 59-H-9.3. Public hearing.
§ 59-H-9.4. Action by council.
§ 59-H-9.5. Opinion.
§ 59-H-9.6. Effective date.
§ 59-H-9.7. Lapse after failure to act.
Division 59-H-10. Corrective Map Amendments.
§ 59-H-10.1. Generally.
§ 59-H-10.2. Planning Commission to file an application.
§ 59-H-10.3. Contents of an application.
§ 59-H-10.4. Planning Board recommendation.
§ 59-H-10.5. District Council public hearing.
§ 59-H-10.6. Deferral, postponement, or continuance of hearing.
§ 59-H-10.7. Action by the District Council.
Appendices
Appendix A. Rules of Procedure for Applications for Local Map Amendments and Petitions for Special Exception.
Appendix B. Zoning Amendment Procedure.
Notes
| 1 | Editor's note—In St. Luke's House, Inc. v. DiGuilian, 274 Md. 317, 336 A.2d 781 (1975), the court discussed the effect of the zoning ordinance on excusing a breach of a lease. Chapter 59 is cited in Funger v. Town of Somerset, 249 Md. 311, 239 A.2d 648 (1968). See County Attorney Opinion dated 5/20/91 indicating that the Washington Suburban Sanitary Commission is exempt from listed local permits, including Chapters 8, 19, 22, 50, and 59, but must comply with State law regarding sediment control and fire safety. 1998 L.M.C., ch. 13, §1, amending 1997 L.M.C., ch. 27, §1, reads as follows: "(a) Notwithstanding any provision of Chapter 8, Chapter 59, or any other County law to the contrary, the Director of the Department of Permitting Services must not issue or allow the transfer of a certificate of use and occupancy between July 22, 1997, and September 30, 1998, for any nonresidential use of property by a pawnbroker. (b) Notwithstanding any provision of Chapter 8, Chapter 59, or any other County law to the contrary, any certificate of use and occupancy issued between July 22, 1997, and September 30, 1998, for the nonresidential use of property by a pawnbroker is void. (c) Subsections (a) and (b) do not prohibit the Director from issuing a use and occupancy certificate for the nonresidential use of property ("new location") by a pawnbroker that holds a valid use and occupancy certificate for the use of another property ("current location") in the County if: (1) both the current location and the new location are owned by the same property owner; (2) the new location adjoins the current location directly or through one or more properties owned by the same property owner; (3) the total floor space (square footage) of the new location is not more than 100 percent larger than the total floor space of the current location; and (4) the pawnbroker surrenders the use and occupancy certificate for the current location when the Director issues a certificate for the new location. (d) In this Act, pawnbroker means a pawnbroker as defined in Section 30-7 of the County Code or Section 12-101(e) of the Maryland Secondhand Precious Metal Object Dealers and Pawnbrokers Act." 1998 L.M.C., ch. 5, § 1 and 1997 L.M.C., ch. 40, §1, previously amended 1997 L.M.C., ch. 27, §1. 1995 L.M.C., ch. 33, § 1 reads as follows: "Notwithstanding any provision of Chapter 8, Chapter 59, or any other County law to the contrary, the Department of Environmental Protection must not issue a building permit for any wireless communication transmission antenna (including any cellular or mobile telephone transmission antenna), any structure on which any such antenna would be located, or any related equipment building before March 22, 1996, if the antenna is a publicly owned or publicly operated use under Chapter 59. Any building permit issued or released between November 21, 1995, and March 21, 1996, for a publicly owned or publicly operated wireless communication transmission antenna (including any cellular or mobile telephone transmission antenna), or any structure on which any such antenna would be located, is void." Cross references—County Board of Appeals, § 2-108 et seq.; agricultural preservation, ch. 2B; location restrictions for keeping of fowl, § 5-39; buildings, ch. 8; condominiums, ch. 11A; cooperative housing, ch. 11C; development rights fund, ch. 13A; historic resources preservation, ch. 24A; optional zoning provisions to encourage moderately priced housing, § 25A-6; noise control, ch. 31B; planning procedures, ch. 33A; location of private schools and recreational camps, § 44-33; subdivisions, ch. 50; parking lot districts, ch. 60. |