Skip to code content (skip section selection)
Compare to:

You are viewing an archived code

Loading...
Sec. 59-A-6.16. Adult Entertainment Businesses.
   (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.
Sec. 59-A-6.17. Security pavilion.
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.)
Sec. 59-A-6.18. Workforce housing.
   59-A-6.18.1. Generally.
   The workforce housing program complements the Moderately Priced Dwelling Unit MPDU Program, the Productivity Housing Program, and other County programs designed to promote affordable housing.  Under Chapter 25B, a developer may build the number of workforce housing units allowed in any zone under this Chapter.  All workforce housing units must be constructed in the area regulated by a single project plan, preliminary plan, or lot that uses the FAR and building height flexibility under this Section.
   59-A-6.18.2. Allowances.
   (a)   Any subdivision that would contain 35 or more market dwelling units, and that would be located in a zone with a maximum permitted residential density at or above 40 dwelling units per acre and in a Metro Station Policy Area, may include a number of workforce housing units under Chapter 25B.
   (b)   A site plan is required under Division 59-D-3 for any project that includes a workforce housing unit.
   (c)   To allow the construction of workforce housing units on site, the Planning Board must permit:
      (1)   any residential density or residential FAR limit of the applicable zone to be exceeded to the extent required for the number of workforce housing units that are constructed, but not by more than 10 percent of the total FAR or number of dwelling units;
      (2)   any residential density or residential FAR limit established in a master or sector plan to be exceeded to the extent required for the number of workforce housing units that are constructed, but not to more than the maximum density and FAR of the zone, except as provided in paragraph (1); and
      (3)   any building height limit established in a master or sector plan to be exceeded to the extent required for the number of workforce housing units that are constructed, but not to more than the maximum height of the zone.
   59-A-6.18.3. Amendments.
   An application to amend a project plan or preliminary plan approved before April 26, 2010, may be made concurrently with an application for a site plan or a site plan amendment, for the purpose of removing the previously required workforce housing units.
(Legislative History: Ord. No. 15-77, § 2; Ord. No. 16-46, § 1.)
   Editor’s note—Ord. No. 15-77, § 10, states: Applicability. This requirement to construct workforce housing under Chapter 25A and Section 59-A-6.18 does not apply to any development for which an application for a local map amendment, development plan, project plan, preliminary subdivision plan, site plan filed before December 1, 2006.
Loading...