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   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.

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