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(a) A temporary office for construction administration or real estate sales, which may include an outside storage yard that is limited to the construction, development or sale of buildings or structures within the same site or subdivision is permitted as an accessory use in any zone upon the approval of a conditional use-and-occupancy permit issued under section 59-A-3.23. Such temporary use is allowed only for the duration of construction and sale of a project or in accordance with the approval periods specified in section 59-A-3.23, whichever occurs first. Extensions may be approved by the director only in accordance with provisions of section 59-A-3.23.
(b) Any temporary office for construction administration or real estate sales previously issued a use-and-occupancy permit prior to October 14, 1986, shall be required to apply for an extension of its previously issued use-and-occupancy permit at such time as the permit is more than 3 years old. Extensions must meet the requirements of section 59-A-3.23. The director shall revoke the use-and-occupancy permit for any previously approved construction administration or sales office over 3 years old that is not brought into compliance within 3 months after October 14, 1986.
(Legislative History: Ord. No. 10-87, § 2.)
(a) A private telecommunication antenna may be attached as a matter of right to an existing structure owned or operated by a County, bi-county, state or federal agency.
(b) Any land or structure owned by an independent fire department or rescue squad approved under Chapter 21 is not owned or controlled by a County agency for purposes of this section and requires a special exception. Any telecommunication facility constructed as of November 21, 1995 on any land or structure owned by an independent fire department or rescue squad is not a nonconforming use.
(c) An unmanned equipment building or cabinet associated with a telecommunication facility located on publicly owned land or attached to a publicly owned structure must not exceed 560 square feet and 12 feet in height, except a single equipment building in excess of 560 square feet may be used for more than one telecommunication provider, if:
(i) The overall square footage does not exceed 1500 square feet and 12 feet in height,
(ii) The building is used for more than one telecommunication provider operating from the same monopole or tower; and
(iii) The building is reviewed by the Telecommunications Transmission Facility Coordinating Group in accordance with Sec. 2-58E of the County Code.
If the nearest adjoining property is classified in a residential zone, the equipment building or cabinet must be faced with brick or other suitable material on all sides and landscaped to a height of at least 3 feet.
(d) Any private telecommunication facility on publicly owned land that is not permitted under subsections (a), or (c) must obtain a special exception from the Board of Appeals.
(Legislative History: Ord. No. 11-55, § 1; Ord. No. 13-27, § 2; Ord. No. 14-34, § 1; Ord. No. 14-47, § 1.)
A transitory use may be allowed in any zone, subject to the following restrictions and regulations:
(a) Uses allowed.
(1) A transitory use may be allowed on private property only if it would be allowed as a use permanently affixed to the land under the land use regulations of the zone in which the transitory use will be placed. A transitory use must not be allowed unless it is:
(A) designated as a permitted (P) use in the applicable land use section; or
(B) designated as a special exception (SE) use in the applicable land use section and is approved under Divisions 59-G-1 and 59-G-2.
(2) A transitory use may be located in the public right-of-way if it is in accordance with Chapter 47.
(b) Requirements for green area and automobile parking facility.
(1) A transitory use must not be located on any portion of the green area required by the zone in which the property is located.
(2) If a transitory use is located in a parking lot (automobile parking facility) subject to a parking facility plan under Article 59-E a revised parking facility plan must be submitted for review and approval. The area occupied by the transitory use, plus an appropriate number of parking spaces as determined by the Director for the transitory use, must not also be counted as parking spaces required by Section 59-E-3 for permanent uses on the property.
(c) Registration. A transitory use must be registered under Chapter 47.
(Ord. No. 12-72, § 1.)
(a) An antenna and a related unmanned equipment building or cabinet may be installed on a rooftop as a matter of right if the following standards are met.
(1) The building must be at least 30 feet in height in any multi-family, commercial or industrial zone.
(2) The building must be greater than 50 feet in height in any one-family residential zone. However, a rooftop telecommunication antenna is not permitted on a one-family residence or a building or structure accessory to a one-family residence.
(3) An antenna may be mounted on the facade of the building at a height of at least 30 feet in a multi-family, commercial, or industrial zone, and at a height greater than 50 feet in a one-family residential zone. However, a telecommunication antenna must not be mounted on the facade of a one-family residence or a building or structure accessory to a one-family residence.
(4) An unmanned equipment building or cabinet must not exceed 560 square feet and 12 feet in height or 14 feet in height for a roof top structure, including the support structure for the equipment building, except a single equipment building in excess of 560 square feet, located at ground level, may be used for more than one telecommunication provider, if:
(i) the overall square footage does not exceed 1500 square feet and 12 feet in height,
(ii) the building is used for more than one telecommunication provider operating from the same monopole or tower, and
(iii) the building is reviewed by the Telecommunications Transmission Facility Coordinating Group in accordance with Sec. 2-58E of the County Code.
If the equipment building or cabinet is at ground level in a residential zone, the building or cabinet must be faced with brick or other suitable material on all sides and surrounded by landscaping providing a screen of at least 3 feet in height, and must conform to the setback standards of the applicable zone.
(5) If the equipment building is located on the roof of a building, the equipment building or cabinet and other structure, in combination with any other equipment building and structure, must not occupy more than 25% of the roof area.
(b) In addition to a rooftop, an antenna may be attached as a matter of right to an existing structure on privately owned land, including but not limited to a radio, television, or telephone transmission tower, a monopole, a light pole, a water tank, or an overhead transmission line support structure. An equipment building located on such a structure is subject to the requirements of subsection (a)(4). A structure constructed for the support of: (1) an antenna that is part of an amateur radio station licensed by the Federal Communications Commission, or (2) an antenna to receive television imaging in the home, may not be used as a support structure for any other antenna.
(Ord. No. 12-75, § 2; Ord. No. 13-27, § 2; Ord. No. 14-12, § 2; Ord. No. 14-34, § 1; Ord. No. 14-47, § 1; Ord. No. 14-65, § 1.)
In the zones where it is permitted a personal living quarters must comply with the following regulations:
(a) The personal living quarters (PLQ) must:
(1) contain at least 6 individual living units;
(2) have facilities for sanitation, which may be shared among ILU residents; and
(3) have facilities for cooking, which must be shared among ILU residents.
(b) The Director is authorized to establish procedures and standards which may provide for periodic inspections, including access by inspectors at reasonable times, and compliance with applicable codes. The Director may designate another County agency or department to administer and enforce the inspection requirements.
(c) An individual living unit in a PLQ:
(1) must have a minimum gross floor area of 150 square feet and a maximum gross floor area of 350 square feet, except in the case of a personal living quarters developed through conversion of an existing building previously devoted to another use. In that case, a personal living quarters may contain individual living units with a maximum gross floor area per unit of 385 square feet;
(2) must not contain complete cooking facilities such as a stove, oven, or similar device, but may contain equipment for incidental food preparation, such as small portable kitchen appliances;
(3) may contain separate sanitation facilities;
(4) must be subject to a rental agreement with a minimum lease term of at least 30 days. Copies of the rental agreement must be available for inspection by, and provided upon demand to the County.
(d) Development standards are as follows:
(1) In the zones where a personal living quarters is permitted, the personal living quarters must comply with the development standards of the zone in which the personal living quarters is located, except as provided in Paragraph (2) below.
(2) In the following zones, the maximum number of individual living units per acre in a personal living quarters building is as follows, subject to the maximum FAR of the zone for residential uses, if any:
Zone
|
Individual Living Units per Acre |
Zone
|
Individual Living Units per Acre |
R-30 | 29 |
R-20 | 43 |
R-10 | 87 |
R-H | 87 |
CBD Standard Method
| |
CBD-0.5 | 70 |
CBD-R1 | 86 |
CBD-1 | 86 |
CBD-2 | 160 |
CBD-3 | 240 |
CBD-R2 | 160 |
(3) If a personal living quarters is constructed on a lot that also includes a residential building containing complete dwelling units, or if personal living quarters individual living units are included in a building with complete dwelling units, the density standards for dwelling units in the zone apply to that portion of the lot that contains complete dwellings units.
(e) Parking must be provided in accordance with the provisions of Article 59-E.
(f) (1) If a use qualifies as a PLQ, the use does not constitute a multiple family dwelling, hotel, motel, inn, apartment hotel, or other use as defined in this chapter.
(2) If a use qualifies as an ILU, the use does not constitute a dwelling unit as defined in this chapter.
(g) The number of ILUs in each policy area is limited to 12.5 percent of the units allotted by the gross ceiling for housing for the policy area in the adopted Annual Growth Policy, or 500, whichever is less.
(Legislative History: Ord. No. 13-46, § 2.)
(a) An adult entertainment business is permitted in certain zones, subject to the following restrictions and regulations:
(1) The adult entertainment materials must not be visible from outside the establishment.
(2) Access to the adult entertainment materials must be prohibited to any person under the age of 18 years.
(3) The adult entertainment business must be located at least 750 feet from any property: (A) located in a residential zone, or (B) on which a school, library, park, playground, recreational facility, day care center, place of worship, or other adult entertainment business is located as a principal use. The distance must be measured in a straight line from the nearest property line of the property used for the adult entertainment business to the nearest point of the boundary line of any property located in a residential zone, or on which a school, library, park, playground, recreational facility, day care center, place of worship or other adult entertainment business is located.
(4) An adult entertainment business may continue as a non-conforming use if a school, library, park, playground, recreational facility, day care center, place of worship, or residential zone is established within 750 feet of the adult entertainment business after the business was established.
(5) An adult entertainment business may operate only between the hours of 9:00 a.m. and 11:00 p.m.
(6) If adult booths are located on the premises:
(A) the booths must be physically arranged so that the entire interior portion of the booth is visible from the common areas of the premises;
(B) the booths must not be equipped with a door or curtain that would screen the booth's interior from the common areas of the premises;
(C) the booths must be designed to prevent physical contact with another person.
(D) the booths must be illuminated at all times;
(E) the booths must not allow any holes in the partitions between the adult booths; and
(F) no person under the age of 18 years is permitted to enter the premises.
(b) To provide for a reasonable period of amortization and to prevent unreasonable economic loss, any adult entertainment business existing on May 1, 2000 which does not conform to the requirements of this section, may continue to operate for 18 months following the effective date of the amendment. On or after that date, an adult entertainment business may continue in operation only if it meets the requirements of Section 59-A-6.16.
(Legislative History: Ord. No. 14-19, § 2.)
Editor's note—Section 59-A-6.16 is interpreted in Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (2003), where the Court upheld the validity of the County's adult entertainment ordinance.
A security pavilion is permitted in the RE-2, RE-1, R-200 and the Agricultural zones if it:
(a) is located on a lot or parcel within a minimum lot size of 2 acres;
(b) does not exceed 196 square feet of total floor area, with maximum linear dimensions that do not exceed 14 feet per side;
(c) does not exceed 12 feet in height;
(d) is set back a minimum distance or 30 feet from the front lot line and 15 feet from any side lot line; and
(e) is placed within 5 feet of the main driveway that provides access to the main dwelling located on the same lot.
(Legislative History: Ord. No. 15-28, § 2.)
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