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(a) The following provisions apply to a no-impact home occupation, a registered home occupation, and a home health practitioner's office:
(1) Each home occupation operator or home health practitioner must show proof of home address.
(2) The amount of floor area used for the home occupation or home health practitioner's office must not exceed 33 percent of the eligible area of any existing building on the same lot or parcel.
(3) Any equipment or process that creates a nuisance or violates any law is not allowed in connection with the operation of a home occupation or home health practitioner's office, nor is this operation allowed to involve use, storage, or disposal of:
(A) A quantity of a petroleum product sufficient to require a special license or permit from the Fire Chief; or
(B) Any material defined as hazardous or required to have a special handling license under State and County law, except that disposal of medical waste must be regulated by State laws and regulations.
(4) Truck deliveries are not permitted, except for parcels delivered by public or private parcel services that customarily make residential deliveries.
(b) A no-impact home occupation must comply with the following standards:
(1) It must be conducted by a member or members of the family residing in the dwelling unit. No non-resident employees are permitted.
(2) A maximum of 5 visits per week, including deliveries, is allowed in connection with no impact home occupations on one lot or parcel.
(3) The sale of goods on the premises is not allowed.
(4) Display or storage of goods is limited to samples of merchandise that may be ordered by customers to whom the merchandise will be delivered at off-site locations, or merchandise awaiting such delivery, but the storage of merchandise awaiting delivery must not exceed 30 square feet of floor area.
(5) Equipment or facilities must not be used, other than:
(A) Domestic or household equipment;
(B) Office equipment; or
(C) Any equipment reasonably necessary for art production, handicrafts, or making beer or wine..
(6) If an accessory building is used for any part of the no-impact home occupation, there must be no external evidence of such use. Only one accessory building may be used for this purpose. A new accessory building must not be constructed to conduct the home occupation. For the purpose of this Section, an accessory building must be an eligible area.
(7) In the residential one-family zones regulated by Section 59-C-1.3 and in recorded residential subdivisions in the agricultural zones regulated by Division 59-C-9, any commercial vehicle that is parked or garaged on-site in connection with the no-impact home occupation must satisfy the requirements for commercial vehicles in Section 59-C-1.3. In townhouse and multiple family dwellings in zones other than residential one-family or agricultural, one light commercial vehicle may be parked on-site in connection with this use if the vehicle is parked in a garage.
(8) The display of a sign must satisfy Article 59-F.
(9) A no-impact home occupation must have no discernible impact on the surrounding neighborhood and must be accessory to the residential use of the dwelling unit in which it occurs.
(10) In the R-60 and R-90 zones, not more than two motor vehicles visiting a no- impact home occupation may be parked at the same time on a lot or parcel where a home occupation is conducted.
(1) No more than 2 registered home occupations are allowed in any dwelling unit.
(2) The home occupation must be conducted by a member or members of the family residing in the dwelling unit, and may employ no more than one nonresident assistant or business associate. For the purposes of this Section, no more than one employee may visit the dwelling unit within any 24 hour period. The arrival and departure of the nonresident assistant or associate are not counted in Paragraph (3).
(3) No more than 20 visits per week, and no more than 5 per day, excluding deliveries, are allowed in connection with one or both registered home occupations on one lot or parcel. Trips to the home occupation by employees or business associates for the purpose of picking up paychecks or work orders, or collecting equipment or merchandise for use, sale or delivery at off-site locations are not permitted.
(4) The sale of goods on the premises is limited to:
(A) Handicrafts or art products or similar hand-made products or services such as dressmaking, hand-weaving, block-printing, jewelry, pottery, and musical instruments, which are produced on site by a resident of the dwelling; or
(B) The sale of items customarily ordered on the premises of the registered home occupation for delivery at a later date, to customers at other locations. However, the delivery of the goods to the customer must occur off-site.
(5) Display or storage of goods is prohibited except for:
(A) Such handmade items as enumerated in paragraph (4)(A) above; or
(B) Samples of merchandise that may be ordered by customers to whom it will be delivered at off-site locations, or merchandise awaiting such delivery.
The storage of equipment or merchandise for collection by employees who will use or deliver it at off-site locations is prohibited.
(6) Only the following equipment or facilities may be used:
(A) Domestic, household, or lawn maintenance service equipment;
(B) Office equipment; or
(C) Any equipment reasonably necessary for art production, handicrafts, or making wine or beer.
(7) If an existing accessory building is used for any part of the registered home occupation, there must be no external evidence of such use. Only one existing accessory building may be used for this purpose. An accessory building must be located in an eligible area.
(8) A registered home occupation must not require construction of any off-street parking area other than that required by the residential use, except that any lot, including one recorded before June 1, 1958, with less than the minimum area required by the zone, must have 2 off-street parking spaces. If there is a common parking area serving more than one dwelling unit, as in the case of multiple- family or other attached dwelling units, parking in connection with the registered home occupation must not encroach on parking serving neighboring dwelling units.
(9) In the R-60 and R-90 zones:
(A) Not more than two motor vehicles of anyone visiting a registered home occupation may be parked at the same time on a lot or parcel where a registered home occupation is conducted.
(B) A registered home occupation must have a residential parking area on the lot or parcel on which the registered home occupation is conducted that is no greater than that which will accommodate two parked motor vehicles, each with a maximum dimension of 8.5' x 18', except that the following driveways are deemed to accommodate two parked motor vehicles regardless of the size of the driveways:
(i) a driveway 12 feet or less in width that provides direct access for a motor vehicle to a public or private right-of-way, to a garage, carport, or a home occupation residential parking area for one car; or
(ii) a driveway 20 feet or less in width that provides direct access for a motor vehicle to a garage, carport, or home occupation residential parking area for more than one car.
(C) Before a Certificate of Registration may be issued, the operator of the home occupation must submit evidence acceptable to the Department that the drainage of the home occupation residential parking area will not damage any nearby property or public street.
(D) A home occupation residential parking area, regardless of when created, must not be established, maintained or used for parking of any motor vehicle on a parcel or lot on which a registered home occupation is conducted under a registration certificate issued after November 18, 2002, except under the requirements of this Section.
(E) For a registered home occupation with a registration certificate issued before November 18, 2002, a home occupation residential parking area for more than two parked motor vehicles may continue to be used and maintained, if such area has been used for parking for a registered home occupation for not less than three years before November 18, 2002.
(F) Except for a driveway covered in subparagraph (B)(i) or (ii), or as otherwise provided in this Section, each home occupation residential parking area must be set back from a lot line no less than:
R-90 | R-60 | |
(1) Front 1 | 30 feet | 25 feet |
(2) Side 2 | 16 feet | 16 feet |
(3) Rear 3 | 25 feet | 20 feet |
1 The setback may be reduced up to 50 percent if a four-foot high solid wood fence, masonry wall, berm, evergreen landscaping six feet high when planted, or a combination, effectively screens from view from the ground of adjoining or confronting lots or parcels, vehicles parked in the home occupation residential parking area.
2 The setback may be reduced up to 50 percent if a six-foot high solid wood fence, masonry wall, berm, evergreen landscaping six feet high when planted, or a combination, effectively screens from view from adjoining or confronting lots or parcels, vehicles parked in the home occupation residential parking area.
3 For a corner lot, the side yard adjoining a public right-of-way must be considered as a front yard and the front yard setbacks apply.
(10) In the Residential One-Family Zones regulated by Section 59-C-1.3 and in recorded residential subdivisions in the Agricultural Zones regulated by Division 59-C-9, any light commercial vehicle that is parked or garaged on-site in connection with the registered home occupation must satisfy the requirements for light commercial vehicles in Section 59-C-1.31. In the Townhouse and Multiple-Family Zones regulated by Sections 59-C-1.7 and 59-C-2.3, respectively, one light commercial vehicle may be parked on-site in connection with this use if parked in a garage.
(11) The display of a sign must satisfy Article 59-F.
(1) A use-and-occupancy permit is required under Section 59-A-3.2.
(2) No more than 2 resident health practitioners are allowed; a nonresident health practitioner is not allowed, but nonresident support staff is allowed. A nurse or physician's assistant who is supervised by the resident health practitioner is support staff.
(3) The home health practitioner may treat more than one patient or client at a time, but not more than 5 vehicle trips containing not more than 10 patients may come or leave at the same appointment time.
(4) Clients, patients, or other visitors must visit by appointment only and must be informed of the correct address and parking location. Emergency patients may visit without appointment; abuse of this exemption may lead to revocation of the Certificate of Registration.
(5) An indoor waiting room is required if more than one patient or client will be on the premises at the same time.
(6) The sale of goods on the premises is prohibited, except for medication prescribed by the health practitioner or a prescribed remedial device that cannot be obtained from a commercial source.
(7) Off-street parking must be provided under the requirement for a medical practitioner's office, as stated in Section 59-E-3.7. If the lot is in any one-family zone regulated by Section 59-C-1.3, the parking must be screened; the screening must be equivalent to that required by Section 59-E-2.92, and newly constructed parking must be located at the side or rear yard. If there is a common parking area serving more than one dwelling unit, as in the case of multiple-family dwelling units, parking in connection with the home health practitioner's office must not encroach on parking serving neighboring dwelling units.
(8) The display of a sign must satisfy Article 59-F.
(9) A home health practitioner who was in practice at the registered location before February 5, 1990 is exempt from the requirements to:
(A) obtain a use-and-occupancy permit under Paragraph (1);
(B) provide an indoor waiting room under Paragraph (5); and
(C) satisfy the off-street parking requirements of Paragraph (7).
These exemptions do not apply to any home health practitioner who begins to practice at the registered location on or after February 5, 1990, nor do they apply if the practitioner moves to another location. No other exemptions from the requirements of this Section apply to any home health practitioner.
(Legislative History: Ord. No. 11-67, § 4; Ord. No. 13-1, § 4; Ord. No. 13-31, § 1; Ord. No. 13-76, § 1; Ord. No. 14-6, § 1; Ord. No. 14-64, § 2; Ord No. 16-59, § 3.)
Editor's note-The above section is interpreted in West Montgomery County Citizens Association v. Maryland-National Capital Park and Planning Commission, 309 Md. 183, 522 A.2d 1328 (1987), wherein the provision in the Zoning Ordinance delineating the creation of transfer of development rights (TDRs) was analyzed by the Court of Appeals and found to involve an invalid exercise of legislative authority. The provision did not establish the maximum density for the affected properties and violated the division between zoning and planning, procedurally and substantively. The Court of Appeals invalidated the zoning decision concerning density of residential development because that decision was made by the District Council through the planning process, rather than through the zoning process mandated by State law.
Section 59-A-6.1, entitled "Transfer of development for agricultural preservation," was repealed by § 1 of Ord. No. 11-4. The section was derived from Ord. Nos. 9-19, 9-59, 9-60, 9-61, 10-56, and 10-58. Subsequently, § 4 of Ord. No. 11-67 added a new § 59-A-6.1. Transferable development rights zones are now addressed in §§ 59-C-1.33, -1.39, -9 and -10.