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Montgomery County Overview
Montgomery County Zoning Ordinance (2004)
MONTGOMERY COUNTY ZONING ORDINANCE
Chapter 59 Zoning [Note]
Article 59-A. In General.
Article 59-B. Exemption From Controls. [Note]
Article 59-C. Zoning Districts; Regulations.
Division 59-C-1. Residential Zones, One-Family. [Note]
Division 59-C-2. Residential Zones, Multiple-Family. [Note]
Division 59-C-3. R-MH Zone-Mobile Home Development.
Division 59-C-4. Commercial Zones. [Note]
Division 59-C-5. Industrial Zones.
Division 59-C-6. Central Business District Zones.
Division 59-C-7. Planned Unit Development Zones.[Note]
Division 59-C-8. Transit Station Development Area Zones.
Division 59-C-9. Agricultural Zones.*
Division 59-C-10. RMX Zones-Residential Mixed Use Development. [Note]
Division 59-C-11. MIXED-USE TOWN CENTER ZONE (MXTC).*
Division 59-C-12. Mineral Resource Recovery Zone. [Note]
DIVISION 59-C-13, TRANSIT ORIENTED, MIXED-USE ZONES (TOMX)
DIVISION 59-C-14, TRANSIT MIXED-USE (TMX) ZONE
DIVISION 59-C-15. COMMERCIAL/RESIDENTIAL ZONES
DIVISIONS 59-C-16, 59-C-17. RESERVED.*
Division 59-C-18. Overlay Zones.
Article 59-D. Zoning Districts-Approval Procedures. Introduction.
Article 59-E. Off-Street Parking and Loading. [Note]
Article 59-F. Signs. [Note]
Article 59-G. Special Exceptions, Variances, and Nonconforming Uses.
Article 59-H. Amendment Procedures.*
APPENDIX A RULES OF PROCEDURE FOR APPLICATIONS FOR LOCAL MAP AMENDMENTS and PETITIONS FOR SPECIAL EXCEPTION.
APPENDIX B. ZONING AMENDMENT PROCEDURE.
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Article 59-C. Zoning Districts; Regulations.
Division 59-C-1. Residential Zones, One-Family. [Note]

 

Notes

[Note]
   *Editor’s note- The above Division is cited in Maryland-National Capital Park and Planning Commission v. Friendship Heights, 57 Md.App. 69, 468 A.2d 1353 (1984).
 
Sec. 59-C-1.1. Zones established.
The following are the one-family residential zones and their identifying symbols. Some of these zones were formerly identified by other symbols, as indicated. In each such case the former symbol, wherever it appears on maps or in text, shall represent the same zone as the present symbol.
   RE-2-Residential, one-family (formerly R-A)
   RE-2C-Residential, one-family (formerly RA-C)
   RE-1-Residential, one-family (formerly R-E)
   R-200-Residential, one-family (formerly R-R)
   R-150-Residential, one-family
   R-90-Residential, one-family
   R-60-Residential, one-family
   RE-2/TDR-Residential, transferable development rights
   RE-2C/TDR-Residential, transferable development rights
   RE-1/TDR-Residential, transferable development rights
   R-200/TDR-Residential, transferable development rights
   R-150/TDR-Residential, transferable development rights
   R-90/TDR-Residential, transferable development rights
   R-60/TDR-Residential, transferable development rights
   R-40-Residential, one-family
   RMH-200-Residential, one-family
   RT-6.0-Residential, townhouse
   RT-8.0-Residential, townhouse
   RT-10.0-Residential, townhouse
   RT-12.5-Residential, townhouse
   R-4 plex-Residential, fourplex
Residences are also permitted in certain other zones, including the central district zones, the planned unit development zone and the rural zone.
(Legislative History: Ord. No. 8-71, § 1; Ord. No. 8-81, § 2; Ord. No. 11-4, § 2.)
   Editor’s note—The above section is cited in Pleasant Investments Ltd. Partnership v. Dept. of Assessments & Taxation, 141 Md. App. 481 (2001) and in Concerned Citizens of Great Falls v. Constellation- Potomac, 122 Md. App. 700, 716 A.2d 353 (1998).
Sec. 59-C-1.2. Methods of development.
Four alternative methods are available for development in certain of these zones, each in accordance with appropriate regulations as set forth in the sections indicated, as follows:
   (a)   Standard development. (section 59-C-1.3)
   (b)   Density control development. Permits averaging of lot sizes. (section 59-C-1.4)
   (c)   Cluster development. Permits development on smaller lots with common open space. (section 59-C-1.5)
   (d)   Development including moderately priced dwelling units. Permits increased density where such units are included in accordance with chapter 25A of the County Code. (section 59-C-1.6)
Sec. 59-C-1.3. Standard development.
The procedure for approval is specified in .
   59-C-1.31. Land uses.
No use is allowed except as indicated in the following table:
-Permitted Uses. Uses designated by the letter "P" are permitted on any lot in the zones indicated, subject to all applicable regulations.
-Special Exception Uses. Uses designated by the letters “SE” may be authorized as special exceptions under Article 59-G.
RE-2
RE-2C
RE-1
R-
200
R-
150
R-
90
R-
60
R-
40
R-4
plex
RMH
200
(a) Residential
RE-2
RE-2C
RE-1
R-
200
R-
150
R-
90
R-
60
R-
40
R-4
plex
RMH
200
(a) Residential
Accessory apartment, attached.4
P 56/SE57
P 56/ SE57
P 56/ SE57
P 56/ SE57
P 56/ SE57
P 56/ SE57
P 56/ SE57
P 56/ SE 57
Accessory apartment, detached.4
P 56/ SE57
P 56/ SE57
P 56/ SE57
Bed-and-breakfast lodging with one or 2 guest rooms.6
P
P
P
P
P
P
SE
P
Bed-and-breakfast lodging with 3, 4 or 5 guest rooms.6
SE
SE
SE
SE
SE
SE
SE
SE
Boardinghouses.
SE
SE
SE
SE
SE
Dwellings, one-family detached.
P
P
P
P
P
P
P
P1
P1
P
Dwellings, one-family semi-detached.
P2
P2
Dwellings, two-family detached.5
P
P2
Dwellings, triplex.
P
Dwellings, fourplex.
P
Embassy.35
P
P
P
P
P
P
P
P
P
P
Farm tenant dwelling.
P37
P37
P
P
P
P
P
P
P
Farm tenant mobile home, one only.
P
P
P
P
P
Farm tenant mobile homes for more than one but less than 4.40
Group home, small.
P
P
P
P
P
P
P
P
P
P
Group home, large.23
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Guest houses, as accessory uses.
P
P
P
P
P
P
P
P
P
P
Guest rooms, for not more than 2 roomers in any dwelling unit.
P
P
P
P
P
P
P
P
P
Housing and related facilities for elderly or handicapped persons.
SE
SE
SE
SE
SE
SE
SE
SE
SE
Life care facility.   
SE
SE
SE
SE
SE
SE
SE
SE
SE
Mobile homes, double wide.
P7
P7
P7
P7
P7
P7
P7
P
Mobile homes, single-wide.
SE
Motels.8
Registered living unit.4, 10
P
P
P
P
P
P
P
P
Tourist cabin camps.8
(b)Transportation, communication and utilities.
Airstrips, in the common open space.
P
Amateur radio facility.
P51/ SE
P51/ SE
P51/ SE
P51/ SE
P51/ SE
P51/ SE
P51/ SE
P51/ SE
P51/ SE
P51/ SE
Cable communications system.
SE9
SE9
SE9
SE9
SE9
SE9
SE9
SE9
SE9
SE9
Electric power transmission and distribution lines, overhead, carrying 69,000 volts or less.
P
P
P
P
P
P
P
P
P
Electric power transmission and distribution lines, underground.
P
P
P
P
P
P
P
P
P
P
Helistop.46
Parking of automobiles, off-street, in connection with commercial uses.
P39
P39
P39
P39, 43
SE
SE
SE
Parking of motor vehicles, other than heavy commercial vehicles, off-street, in connection with any use permitted in the zone.
Vehicles and machinery for agricultural use may be parked without restrictions
P11,13
P11
P11
P12,13
P12
P12
P12
P12
P12
P54
Pipelines, aboveground.
SE
SE
SE
SE
SE
SE
SE
SE
SE
Pipelines, underground.
P
P
P
P
P
P
P
P
P
P
Public utility buildings and  structures.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Radio and television broadcasting stations and towers.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Railroad tracks.
P
P
P
P
P
P
P
P
P
Telecommunications facility.
P18/ SE
P18/ SE
P18/ SE
P18/ SE
P18/ SE
P18/ SE
P18/ SE
P18/ SE
P18/ SE
P18/ SE
Telephone and telegraph lines.14
P
P
P
P
P
P
P
P
P
P
(c) Commercial.
Antique shops.
SE
SE
SE
SE
Christmas trees, sale of between December 5 and December 25.
P
P
P
P
P
P
P
P
P
Landscape contractor.16
SE
SE
SE
SE
Retail nursery or garden center.16
SE
SE
SE
SE
Transitory use.38
P/ SE
P/ SE
P/ SE
P/ SE
P/ SE
P/ SE
P/ SE
P/ SE
P/ SE
P/ SE
Wholesale nursery or greenhouse.16
SE
SE
SE
SE
(d)Services.
Adult foster care home.
P
P
P
P
P
P
P
P
P
P
Ambulances or rescue squads, privately supported, nonprofit.
Ambulance or rescue squads, publicly supported.
P
P
P
P
P
P
P
P
P
P
Animal boarding places.15
SE
SE
SE
SE
Catering facility, outdoors
SE
Cemetery.
SE
Chancery.36
SE
SE
SE
SE
SE
SE
SE
SE
Charitable or philanthropic institution.
SE
SE
SE
SE
SE
SE
SE
SE
Child day care facility:
—Family day care home.
P
P
P
P
P
P
P
P
P
P
—Group day care home.20
P
P
P
P
P
SE19
SE19
SE
SE
SE
—Child day care center.20
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Churches, memorial gardens, convents, monasteries and other places of worship.
P
P
P
P
P
P
P
P
P
P
Clinic, medical or dental, for no more than 4 medical practitioners.
SE
SE
SE
SE
SE
Clinic, medical or dental for 5 or more medical practitioners.24
SE
SE
SE
SE
SE
Community redevelopment areas.33
SE
SE
SE
SE
SE
SE
SE
SE
SE
Day care facility for not more than 4 senior adults and persons with disabilities.22
P
P
P
P
P
P
P
P
P
P
Day care facility for more than 4 senior adults and persons with disabilities.22
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Domiciliary care home for more than 16 residents.17
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Educational institutions, private.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Family burial sites.33
SE
SE
SE
SE
Fire stations, publicly supported.
P
P
P
P
P
P
P
P
P
P
Funeral parlor or undertaking establishments.
SE
SE
SE
SE
SE
SE
Group picnic, catering and recreation facility.
SE
Home health practitioner’s office.
P26/SE25
P26/SE25
P26/SE25
P26/SE25
P26/SE25
P26/SE25
P26/SE25
P26/SE25
P26/SE25
P26/SE25
Home occupation, major.25
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Home occupation, registered.26
P
P
P
P
P
P
P
P
P
P
Home occupation, no impact.27
P
P
P
P
P
P
P
P
P
P
Hospice care facility.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Hospitals.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Hospitals, veterinary.
SE
SE
SE
SE
SE
SE
SE
Life sciences center.
P28
Nursing home.17
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Offices, medical practitioner, for use by other than a resident of the dwelling.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Offices, professional, nonresidential.44
SE
SE
SE
Opportunity housing projects.
P
P
P
P
P
P
P
Publicly owned or publicly operated uses.
P
P
P
P
P
P
P
P
P
P
Respite care home.
P
P
P
P
P
P
P
P
P
(e)Cultural, entertainment and recreational.
Camp grounds.
SE
Golf courses and country clubs.
SE
SE
SE
SE
SE
SE
SE
SE
SE
Golf driving range.41
Libraries and museums.
P
P
P
P
P
P
P
P
P
Parks and playgrounds, publicly owned.
P
P
P
P
P
P
P
P
P
P
Private clubs and service organizations.
SE
SE
SE
SE
SE
SE
SE
SE
Swimming pools, community.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Swimming pools, private.32
P
P
P
P
P
P
P
P
P
P
Theatre, legitimate.45
(f) Resource production extraction and Agricultural.
Agricultural uses.
P
P
P
P
P
P
P
P
P
P
Country market.
SE
SE
SE
SE
SE
Equestrian facility.42
SE
SE
SE
SE
SE
SE
Farm market.29
P
P
P
P
Stone or rock quarries 47
P48/SE49
(g)Miscellaneous.
Accessory buildings or structures for housing animals or fowl.
P
P
P
P
P
P
P
Accessory buildings, structures, and uses. 52
P
P
P
P
P
P
P
P
P
P
Agricultural vending.53
P
P
P
P
P
P
P
Commercial kitchen.55
P
P
Kennels, noncommercial.31
P
P
P
P
P30
P30
P30
P30
P30
P30
Security pavilion
P50
P50
P50
Signs, in accordance with article 59-F.
P
P
P
P
P
P
P
P
P
P
   
1   Subject to the requirements of the R-60 zone.
2   Subject to the requirements of the R-40 zone.
3   Both of an adjoining pair must be erected at the same time.
4   Not permitted in a mobile home.
5   Two-family detached dwellings approved by the board of appeals as of June 17, 1986, are not subject to the nonconforming use limitations of division 59-G-4, and may continue under the terms of the special exception grant.
6   Not permitted in a mobile home. The owner must maintain a record of transient visitors and register the lodging with the department. Minimum lot size for a lodging with more than 3 guest rooms is 2 acres.
7   Provided that such a dwelling has minimum dimensions of 24 feet by 40 feet, a gable roof and is permanently affixed to a foundation supporting the load-bearing framework of the mobile home and a foundation wall enclosing its entire perimeter, in compliance with the provisions of chapter 8 of this Code. Such a mobile home shall have its wheels, axles, transportation light and removable towing apparatus removed.
8   Any tourist cabin camp or motel lawfully existing on October 24, 1972, shall not be regarded as a nonconforming use and may continue to exist in accordance with the provisions of this chapter in effect prior to October 24, 1972.
9   Except as provided in sections 59-A-6.9 and 59-G-2.10.1.
10   In accordance with Executive Regulations and subject to the requirements enumerated in section 59-A-6.10.
11   Not more than 3 light commercial vehicles and not more than one unoccupied recreation vehicle may be parked on any lot at any time.  One additional recreation vehicle may be used on a lot for dwelling purposes for not more than 3 days in any month.  A tow truck is not permitted to park with a vehicle attached.  The provision for parking motor vehicles off-street in connection with any use permitted in the RE-1 zone does not apply to a lot reclassified from the R-200 to the RE-1 zone that does not meet the minimum lot size requirement of the RE-1 zone.  A lot reclassified from the R-200 to the RE-1 zone that does not meet the minimum lot size requirement of the RE-1 zone is subject to the motor vehicle off-street parking provision in effect for the lot before the lot was reclassified from the R-200 to the RE-1 zone.  To provide for a reasonable period of amortization, the use of a lot reclassified from the R-200 to the RE-1 zone that does not conform to this provision may continue to operate for one year following May 22, 2006.  After that date, the use of the lot must satisfy this provision or cease to operate.
12   One light commercial vehicle may be parked on any lot or parcel. A tow truck is not permitted to park with a vehicle attached.  One recreation vehicle may be parked on a lot or parcel, however it must not be used for dwelling purposes for more than 3 days in any month.  Parking for any vehicle or trailer in a front yard must be on a surfaced area; however, temporary parking for visitors, and loading, unloading, or cleaning vehicles or trailers is permitted on any area.  Temporary parking is infrequent; not more than 12 days per year.
13   Notwithstanding any other provisions of this ordinance, paid off-street parking of automobiles may be permitted in connection with a sporting or cultural event of general public interest.  This parking shall be of a temporary nature and is limited to one event a year, not to exceed 10 days.  A written permit authorizing such parking must be obtained from the director at least 10 days prior to the event.  The director is authorized to impose a reasonable fee and other requirements on the permittee to assure that the parking is safe and free from hazard, and the community interest and welfare are protected.
14   Underground only.
15   See “Animal boarding places,” section 59-G-2.02.
16   Any horticultural nursery and related use established by special exception in the R-150, R-90, R-60, R-40, R-4plex or RMH-200 zones before May 6, 2002 is a conforming use, and may be modified, repaired or reconstructed, or enlarged a maximum of 5% of the total floor area in accordance with the special exception standards in effect before May 6, 2002.
17   Subject to the special exception standards for a Nursing Home; and Domiciliary Care Home, section 59-G-2.37.
18   Subject to Section 59-A-6.12 and 59-A-6.14.
19   Group day care homes lawfully operating as of February 5, 1996 are not nonconforming and may continue under the provision of this chapter in effect as of February 5, 1996.
20   Not to be located in a townhouse unit or an attached unit.
21   For business connected with the management, service and maintenance of the development.
22   Definition and special exception standards located under “Day Care Facility for Senior Adults and Persons with Disabilities” [section 59-G-2.13].
23   Subject to the special exception standards for group home, section 59-G-2.26.
24   Provided that a petition was approved prior to February 20, 1989, as provided in section 59-G-2.14.
25   In accordance with Section 59-G-2.29, title “Home Occupation, Major.” A professional office for a resident of a dwelling for which a use-and-occupancy permit was issued prior to February 5, 1990, may be continued as a nonconforming use, as provided in Division 59-G-4. Alternatively, an existing resident professional may register a home occupation or home health practitioner's office, in accordance with Sections 59-A-3.4 and 59-A-6.1, or apply for a special exception, in accordance with Section 59-G-2.29.
26   In accordance with Sections 59-A-3.4 and 59-A-6.1.
27   There must be no more than 5 visits per week, no nonresident employees and no discernible adverse impact on the neighborhood.
28   In accordance with the special regulations of section 59-C-1.37.1.
29   The sale and display area must be located at least 25 feet from the paved edge of the roadway and there must be at least 3 off-street parking spaces.  Firewood sold at a farm market must be cut and split on the farm or location where the wood is harvested.
30   Provided that no accessory buildings, enclosures or runs may be constructed or used for these dogs.
31   Operator must obtain a kennel license from the county.
32   When located on the same lot as a residential use, it is subject to the regulations for an accessory use.
33   If in existence as of July 22, 1991.
34   If recommended for TS-M zone on an approved and adopted master or sector plan.
35   Must comply with all County building and related codes. Application for a building permit must be accompanied by a letter or other communication indicating that the State Department has been notified of the proposed location.
36   When located on the same site as an embassy.
37   A farm tenant dwelling in existence prior to June 1, 1958, may be rented to a non-farm family without obtaining a special exception as an accessory dwelling, provided that the dwelling meets all applicable health and safety regulations.
38   In accordance with section 59-A-6.13.
39   Parking of motor vehicles is permitted in a historic district under Section 59-A-6.22.  Parking of heavy commercial vehicles in connection with a stone or rock quarry is not limited.
40   Any farm tenant mobile home established by special exception before May 6, 2002 is a conforming use, and may be modified, repaired, or reconstructed, in accordance with the special exception standards in effect before May 6, 2002.
41   Any golf driving range established by special exception before May 6, 2002 is a conforming use, and may be modified, repaired or reconstructed, or enlarged a maximum of 5% of the gross floor area in accordance with the special exception standards in effect before May 6, 2002.
42   Any riding stable established by special exception in the R-90 zone before May 6, 2002 is a conforming use and may be modified, repaired, reconstructed, or enlarged a maximum of 5% of the total floor area in accordance with the special exception standards in effect before May 6, 2002. 
43   Any off-street parking of automobiles in a residential zone in connection with a commercial use, established by special exception before May 6, 2002, is a conforming use and may be modified, repaired or reconstructed, or enlarged a maximum of 5% of the total parking spaces, in accordance with the special exception standards in effect before May 6, 2002.  The lighting in connection with any off-street parking of automobiles in a residential zone, established by special exception before May 6, 2002 may be modified in accordance with 59-E-2.6.
44   If designated as being suitable for nonresidential professional offices in an approved and adopted master or sector plan or classified in the R-90 zone and designated as historic in the Master Plan for Historic Preservation; or classified in the R-200 zone and abuts a fire station, police station, ambulance squad, or rescue squad on more than 1 lot line.
45   Any legitimate theater established by special exception before May 6, 2002, is a conforming use and may be modified, repaired or reconstructed, or enlarged a maximum of 5% of the total floor area, in accordance with the special exception standards in effect before May 6, 2002.
46   Any helistop established by special exception in the RE-2 or RE-1 zones before May 6, 2002 is a conforming use and may be modified, repaired or reconstructed, or enlarged a maximum of 5%, in accordance with the special exception standards in effect before May 6, 2002.
47   Includes the extraction, processing, storage and sale of mineral resources and products (which may include incidental sales of mineral resources not extracted on the premises), including, as accessory uses, storage yards, facilities for the maintenance and repair of equipment, loading facilities, crushing, mixing, washing and screening of stone quarried on-site, stone works for the cutting and polishing of dimensional stone, and sale of equipment and building supplies associated with the installation of mineral products.
48   If recommended as appropriate in the applicable Master Plan, in existence prior to 1958 and having no more than 4,000 square feet of enclosed structures in the aggregate.
49   If recommended as appropriate in the applicable Master Plan, in existence prior to 1958 and having 4,000 square feet or more, but not to exceed 7,500 square feet, in the aggregate of enclosed structures.
50   In accordance with Section 59-A-6.17
51   Must not exceed 65 feet in height; however, a special exception for additional height may be granted, by the Board of Appeals if it can be demonstrated that the additional height is the minimum needed to engage in amateur radio communications under a license issued by the Federal Communications Commission.  Any amateur radio facility existing before December 26, 2005 that exceeds 65 feet in height is a conforming structure.
52   Except for a building accessory to an agricultural use, the footprint of an accessory building on a lot where the main building is a one-family detached residential dwelling must not exceed the greater of 50 percent of the footprint of the main building or 600 square feet.  Any accessory building for which a building permit was issued before July 11, 2006 may continue as a conforming building under the standards in effect when the building permit was issued; however, if a building permit that was issued before July 11, 2006 is revoked, but later approved, the accessory building must comply with the standards in effect at the time of the later approval.  Any replacement or reconstruction of an accessory building constructed under a building permit issued before July 11, 2006 must comply with the standards in effect when the building is replaced or reconstructed.
53   At least 100 feet from a dwelling, a vendor who is a Certified Agricultural Producer under Chapter 47 regulations is permitted to sell produce on a lot or parcel:
   1) used for non-residential purposes other than agricultural vending;
   2) larger than 2 acres in size;
   3) abutting a roadway with 4 or more lanes; and
   4) if the structure or vehicle used for sales remains in the same location for less than 24 hours.
54   One light commercial vehicle may be parked on any lot or parcel.  A tow truck is not permitted to park with a vehicle attached.  One recreational vehicle may be parked on a lot or parcel; however, it must not be used for dwelling purposes for more than 3 days in any month.  Not more than three heavy commercial vehicles may be parked on any lot or parcel in the RMH-200 zone at any time, provided: (1) the lot or parcel used to park heavy commercial vehicles is at least one acre in size; (2) the heavy commercial vehicles are parked in the rear yard of the lot or parcel; (3) use of the lot or parcel to park heavy commercial vehicles was established before October 23, 2000; and (4) the resident of the lot or parcel is the owner or operator of the vehicles.
55   A commercial kitchen is permitted only as an accessory to a service use that is permitted without a special exception; however, it is prohibited as an accessory use for home occupations, day care facilities, and adult foster care homes.  Where a commercial kitchen is allowed, it must:
   (1)   occupy less than 5% of the floor area of all buildings on the tract in common ownership on which the commercial kitchen is located;
   (2)   not be used as part of an on-site eating and drinking establishment;
   (3)   submit a parking plan acceptable to the Director that provides adequate on-site or off-site parking for the users of the commercial kitchen during hours of operation in subsection (4); and
   (4)   be used for the preparation of food for public consumption off-site only between the hours of 6:00 AM and 9:00 PM weekdays; and 8:00 AM and 9:00 PM weekends.
56   See Sec. 59-A-6.20. Attached or detached accessory apartment.
57   See Sec. 59-G-2.00.6. Attached or detached accessory apartment.
   Editor's note—Section 2 of Ord. No. 12-61 added footnote 34 to section 59-C-1.31(a), which has been designated as footnote 37 since there already existed a footnote 34.
   59-C-1.32. Development standards.
In addition to the following, the regulations in sections 59-C-1.34, 59-C-1.35 and 59-C-1.36 shall apply:
RE-21
RE-2C1
RE-11
R-
200
R-
150
3
R-
90
R-
60
R-
40
2
R-4
plex
RMH200                                                                                           
59-C-1.321. Tract Area and Density.
RE-21
RE-2C1
RE-11
R-
200
R-
150
3
R-
90
R-
60
R-
40
2
R-4
plex
RMH200                                                                                           
59-C-1.321. Tract Area and Density.
(a) Minimum tract area (square feet).  No development shall be located on a tract containing less than:
20,000
(b) Maximum density of development (dwelling units per acre of useable area as defined in section 59-C-1.523:
12.5
59-C-1.322. Lot Area and Width. 
(a) Minimum net lot area for a main building together with its accessory buildings (in square feet).
-For one-family detached dwelling:   
87,120
87,120
40,000
20,000
20,000
9,000
6,000
6,000
20,000
-For one-family semi-detached:
4,000
-For two-family detached dwelling:
8,000
(b) Minimum lot width (in feet).
At front building line,
-For one-family detached dwelling7:
150
150
125
100
100
75
60
60
100
-For one-family semi-detached dwelling:
40
-For two-family detached dwelling:
80
At existing or proposed street line:
25
25
25
25
25
25
25
25
59-C-1.323.  Yard Requirements for a Main Building, except R-fourplex zone (in feet)7:
Each lot must have building lines parallel to each of its boundaries and so located as to provide front, side and rear yards as specified in this section.
(a)Minimum Setback from street.  A main building must not be nearer to any street line than the distance shown:
50
50
50
406
406
306
256
25
40
      In the case of a corner lot, if the adjoining lot on one of the streets either does not front on that street or is in a nonresidential zone, the setback from that street line must be at least:
20
20
20
15
15
15
15
15
15
(b)Setback from adjoining lot.  A main building must not be nearer to any lot line than the following:
    (1) Side:   
        -One side:
17
17
17
12
12
8
8
104
12
        -Sum of both sides:
35
35
35
25
25
25
18
25
    (2) Rear:
35
35
35
30
30
25
20
20
30
59-C-1.324. Building Setbacks. R-4plex zone (minimum, in feet).
-From tract boundary:
*
-From any street:
*
-From adjoining lot:
*
    -Side:
*
    -Rear:
*
-Between buildings:
50
*(As required in adjoining zone.)
59-C-1.325. Maximum Distance of Lot From a public Street (in Feet):
200
59-C-1.326. Yard Requirements for an Accessory Building or Structure (in Feet)7.
(a) For all lots. 
(1) Except as provided for in subsections (2), an accessory building or structure must be located in a rear yard and must not occupy more than 20 percent of the rear yard.
(2) If the main building is setback no less than 70 feet from a side lot line, an accessory structure used to generate electricity from solar energy may be located within that 70 foot setback if the structure is:
  (A) located no less than 50 feet from a side lot line;
  (B) less than 20 feet in height; and
    (C) the structure satisfies the street line and rear lot line setbacks under subsection (3).
(3) An accessory building or structure must be set back from the lot lines with a minimum setback as follows:
          (A) From the street line:
80
80
80
65
65
60
60
60
65
          (B) From a rear lot line:
10
10
10
7
7
5
5
5
7
          (C) From a side lot line:
15
15
15
12
12
5
5
5
12
          (D) From a national historical park boundary line unless the accessory structure on the lot or tract is exempted under Sec. 59-B-2.110.
200
200
200
(4) For any accessory building or structure in the zones indicated thus (*) with a height greater than 15 feet, the side yard and rear yard minimum setback must be increased from the requirements in (3) above at a ratio of 2 feet of additional setback for each foot of height in excess of 15 feet.
*
*
*
(5) For any accessory building or structure, except a swimming pool, as defined in 59-A-2.1, in the zones indicated thus (*) with a length along a rear or side property line which has a linear dimension greater than 24 feet, the minimum setback from that rear or side property line must be increased from the requirement in (3) above at a ratio of 2 feet for every 2 feet that the dimension exceeds 24 linear feet.
*
*
*
(b) Set back from streets for Corner lots.    (1) An accessory building or structure must not be closer to a street line than a main building as established in 59-C-1.323 and as listed below.
    (2) If the adjoining lot on a side street is in a residential zone and has frontage on the side street, the setback from the side street line is:
50
50
50
40
40
30
25
25
40
          and the setback from the rear lot line is:
12
12
12
12
12
10
10
10
12
    (3) If there is no residentially zoned lot on the side street with frontage on the side street in the same block and on the same side of the street, the setback from the side street line is:
20
20
20
15
15
15
15
15
15
(c) Accessory building or structure for housing animals or fowl.  Any accessory building or structure used for the housing, shelter or sale of animals or fowl other than a household pet must be located in a rear yard with the following setbacks:
    (1) from a lot line:
25
25
25
25
25
25
25
    (2) from a dwelling on another lot or parcel:   
100
100
100
100
100
100
100
59-C-1.327. Maximum Building Height (in Feet).
Except for agricultural buildings, and except as provided in Division 59-B-1, the maximum height of any building or structure must be:
    For any building in these zones:
50
50
50
5011
50
35
50
    For a main building in these zones:
35
    For a main building in the zones indicated (*):   
*
*
  The height must not exceed: (1) 35 feet when measured to the highest point of roof surface regardless of roof type, or (2) 30 feet to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof, subject to the following:
(a) The height must not exceed 2 ½ stories5or 30 or 35 feet, depending on the method of measurement, if other lots on the same side of the street and in the same block are occupied by buildings with a building height the same or less than this requirement.
(b) The height may be increased to either 3 stories or 40 feet if approved by the Planning Board in a site plan .
*
*
*
    An accessory building in these zones must not exceed:
209
    An accessory building in these zones, must not exceed 2 stories, and the height from existing grade to the highest point of roof surface must not exceed:
209
209
209
59-C-1.328. Coverage.
-Maximum percentage of net lot area that may be covered by buildings, including accessory buildings:
25
25
15
2512
25
3012
3512
40
25
-Maximum percentage of tract that may be covered by buildings:
35
-Maximum percentage of tract devoted to green areas:
50
—In the zones indicated, the maximum percentage of the area of the front yard that can be covered by surfaced area, excluding the surfaced area in a driveway on a pipestem or flag shaped lot:
3013
3013
3013
3513
3513
59-C-1.329. Additional Development Requirements.
(a) In the zones indicated thus (*), cluster development is permitted in accordance with the provisions of section 59-C-1.5.
*
*
*
*
*
*
*
(b) In the zones indicated thus (*), moderately priced dwelling units are required in accordance with chapter 25A and section 59-C-1.6.
*8
*8
*
*
*
*
*
*
*
(c) Application and development plan approval shall be in accordance with the provisions of division:
59-D-1
(d) Site plans shall be submitted and approved in accordance with the provisions of division:
59-D-3
 
1   The following lots shall have the area and dimensional requirements of the zone applicable to them prior to their classification in the RE-2, RE-2C, and RE-1 zones: (1) A record lot approved for recordation by the planning board prior to the approval date of the most recent sectional map amendment that included the lot; and (2) A lot created by deed on or before the approval date of the most recent sectional map amendment that included the lot, and (3) In the RE-2C zone, a lot created as a one-family residence by a child of the property owner or the spouse of a child or by the parents of the property owner, provided the property owner can establish that he/she had title on or before March 16, 1982. This provision permits the creation of only one lot for each child, whether created for the child or the spouse of the child, and only one lot for the parents, whether created for one or both parents. The overall density of the property shall not exceed 1.1 dwelling units per acre in any subdivision recorded.
2   A one-family detached dwelling in the R-40 zone shall comply with all of the requirements of the R-60 zone.
3   Development by the standard method is permitted under the regulations applicable to the R-200 zone.
4   For each one-family semidetached dwelling unit, one side yard a minimum of 10 feet wide. For each two- family detached dwelling, 2 side yards, each a minimum of 10 feet wide.
5   The top floor of a building may qualify as a half-story only if the wall plates on at least 2 opposite walls are no more than 2 feet above the floor and if the amount of floor area with headroom of 5 feet or more does not exceed 60 percent of the total floor area of the story directly beneath.
6   Subject to an established building line in accordance with Section 59-A-5.33, if applicable.
7   The minimum lot width at the building line and yard requirements for a main building or an accessory building or structure may be reduced when the lot is located in an historic district in accordance with the provisions of Sec. 59-A-6.23.
8   Required only for development that is served by public sewer service and where designated for sewer service in the applicable master plan.  Any residential development that does not meet the requirements of Chapter 25A for which a preliminary plan of subdivision was approved before April 1, 2005 is a conforming use and may continue in accordance with the standards in effect before April 1, 2005.
9   Any accessory building in the R-90, R-60, R-40, or R-4plex zone lawfully existing before October 9, 2006 is conforming building and may continue under the standards in effect when the accessory building was constructed. However, any replacement or reconstruction of an accessory building must conform to the standards in effect at the time of replacement or reconstruction.
10   Any accessory structure lawfully existing before July 3, 2007 and located less than 200 feet from a national historical park is a conforming structure and may be repaired or reconstructed under the standards in effect before July 3, 2007.
11   If the lot is the site of a building permit application filed after April 28, 2008, then the maximum allowable building height is determined by either of two methods and varies with the lot area as follows:
 
LOT AREA IN SQUARE FEET
HEIGHT IN FEET
Equal to or greater than
And less than
Height to the highest point of any roof
The mean height in feet between the eaves and ridge of a gable, hip, mansard, or gambrel roof
25,000
40,000
45
or
40
15,000
25,000
40
or
35
0
15,000
35
or
30
 
   Any building constructed or proposed under a building permit filed before April 28, 2009 is conforming.  Any such building may be continued, maintained, repaired, and, if demolished by accidental or natural forces, rebuilt to the same building height, three dimensional shape, and lot coverage allowed under any building permit filed anytime before April 28, 2009.
12   If the building on a lot is infill development, then the maximum area that may be covered by any building, including any accessory building and any weatherproofed floor area above a porch, but not including any bay window, chimney, porch, or up to 240 square feet of a detached garage, if the garage is less than 350 square feet of floor area and less than 20 feet in height, must vary with the lot area as follows:
 
Lot area less than 6,000 square feet:
30 percent of the lot area.
Lot area equal to or greater than 6,000 square feet but less than 16,000 square feet:
30 percent, less .001 percent for every square foot of lot area exceeding 6,000 square feet.
Lot area equal to or greater than 16,000 square feet:
20 percent of the lot area.
 
   Any building constructed or proposed under a building permit filed before April 28, 2009 and any infill development may be continued, maintained, repaired, and, if demolished by accident or natural forces, rebuilt to the same building height, three dimensional shape, and lot coverage allowed under any building permit.
13   (a)   Any surfaced area existing before October 26, 2010 is not limited by this provision if it is not increased in area.
   (b)   Surfaced area may be a maximum of 50 percent of the front yard of a tract that has its primary access from a primary residential street, minor arterial road, major highway or arterial, or any State road.
   (c)   Surfaced area consisting of 2 parking spaces can exceed the limits of this provision if it is no larger than 320 square feet in total area.
   (d)   No more than one vehicle may be parked for every 160 square feet of surfaced area.
   (e)   The limit on surfaced area does not apply to stone or rock quarries in the R-200 zone.
   (f)   The Department of Permitting Services may grant a waiver to these surfaced area limits as necessary to protect public safety.
   (g)   Parking in a front yard on a non-surfaced area or parking on less than 160 square feet of surfaced area for each vehicle must cease after October 24, 2011.
   59-C-1.33. Transferable development rights zones.
   (a)   Location. No land shall be classified in any of the transferable development rights zones unless recommended on an approved and adopted master plan or sector plan.
   59-C-1.331. Methods of Development. The following 2 methods of development are possible in each of the TDR zones:
      (a)   Standard method of development. Development under the standard method for TDR zones must comply with the requirements for development and density limitations contained in the corresponding zones as identified in section 59-C-1.332. In addition, standard method development may be approved under either the cluster development procedures of section 59-C-1.5 or the procedures for development including moderately priced dwelling units, as contained in section 59-C-1.6, if the property satisfies the minimum requirements for these development options.
      (b)   Optional method of development. Under the optional method of development for the TDR zones, greater densities may be permitted up to the maximum density established in the development standards of section 59-C-1.332 of the zone, but development must also conform to the special regulations for optional method developments using transferable development rights as contained in section 59-C-1.39. The special regulations require compliance with the density, numerical limitations, and other guidelines contained in the applicable master plan approved by the district council.
RE-2/TDR
RE-2C/
TDR
RE-1/TDR
R-200/
TDR
R-150/
TDR
R-90/TDR
R-60/TDR
RE-2/TDR
RE-2C/
TDR
RE-1/TDR
R-200/
TDR
R-150/
TDR
R-90/TDR
R-60/TDR
59-C-1.332. Development Standards- Transferable Development Rights Zone:
(a) Land uses.  Uses allowed in the TDR zones are those uses allowed in the following zones:
RE-2
RE-2C
RE-1
R-200
R-150
R-90
R-60
    The optional method of development allows more residential uses.  See subsection 59-C-1.395, chart.
(b) Development standards-Standard method:
    Density limitations for cluster development (section 59-C-1.5) or MPDU development (section 59-C-1.6), applicable to the following zones, apply to similar development in the standard method TDR zones:
RE-2
RE-2C
RE-1
R-200
R-150
R-90
R-60
    All other development standards must be in accord with the development standards applicable to the following zones:
RE-2
RE-2C
RE-1
R-200
R-150
R-90
R-60
(c)Development standards-Optional method:
-Maximum density of development (maximum number of dwellings per acre)
4
2
2
11
6
28
28
-All other development standards as specified in the special regulation provision of section 59-C-1.39.
 
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