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For approval of townhouses and one-family attached dwelling units, the procedure is as set forth in division 59-D-3. For approval of one-family detached and one-family semidetached dwelling units, there are 2 alternative procedures, as follows:
(a) Where one-family detached and one-family semidetached dwelling units are proposed in accordance with the setback, yard and minimum lot size requirements for moderately priced dwelling unit development of sections 59-C-1.623, 59-C-1.624 and 59-C-1.625, the procedure for approval is as set forth in division 59-D-3.
(b) Where one-family detached dwelling units are proposed in accordance with both the minimum lot size provisions for moderately priced dwelling units of section 59-C-1.625 and the cluster development setback and yard requirements of sections 59-C-1.534 and 59-C-1.535, the procedure for development is as set forth in section 50-39. The provisions for public posting set forth in section 50-39(c)(1)a do not apply. At the time of approval of the preliminary plan of subdivision, the Planning Board may require that, in order to resolve specific environmental or compatibility issues, certain of the detached dwelling units are subject to site plan approval, as set forth in division 59-D-3. Such dwelling lots must not be included in an application for record plat until a site plan is approved for those portions of the proposed development.
(Legislative History: Ord. No. 8-67, §§ 1--3; Ord. No. 10-10, §§ 3, 4; Ord. No. 10-13, § 6; Ord. No. 10-53, § 7; Ord. No. 11-34, § 2; Ord. No. 11-38, § 2; Ord. No. 11-39, § 2; Ord. No. 11-61, § 3; Ord. No. 11-62, § 4; Ord. No. 11-90, § 1; Ord. No. 12-1, § 1; Ord. No. 13-35, § 1; Ord. No. 13-112, § 1; Ord. No. 14-36, § 1; Ord. No. 14-49, § 1; Ord. No. 15-02, § 1; Ord. No. 15-37, § 1; Ord. No. 15-38, §1; Ord. No. 15- 75, § 1; Ord. No. 17-28, § 3.)
Editor's note-Section 59-C-1.6 [formerly § 59-44] is quoted in part in Kanfer v. Montgomery County Council 35 Md.App. 715, 373 A.2d 5 (1977). Section 59-C-1.6 [formerly §§ 111-9 and 111-10] is cited and interpreted in St. Luke’s House, Inc. v. Digiulian, 274 Md. 317, 336 A.2d 781 (1975), and is cited in Cohen v. Willett, 269 Md. 194, 304 A.2d 824 (1973). Section 59-C-1.6 [formerly §§ 59-41 and 59-42] is cited in Logan v. Town of Somerset, 271 Md. 42, 314 A.2d 436 (1974). Section 59-C-1.6 [formerly § 111-12] is quoted in F & B Development Corporation v. County Council for Montgomery County, 22 Md.App. 488, 323 A.2d 659 (1974) and Wahler v. Montgomery County Council, 249 Md. 62, 238 A.2d 266 (1968); is cited and described in O. F. Smith Brothers Development Corporation v. Montgomery County, 246 Md. 1, 277 A.2d 1 (1967); and is cited in Malasky v. Montgomery County Council, 258 Md. 612, 267 A.2d 182 (1970) and Bayer v. Siskind, 247 Md. 116,, 230 A.2d 316 (1967). Section 59-C-1.6 [formerly § 111-7(a)] is cited in Montgomery County Council v. Kacur, 253 Md. 220, 252 A.2d 832 (1969).
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, in accordance with the provisions of Article 59-G.
R-T 6.0 | R-T 8.0 | R-T 10.0 | R-T 12.5 | R-T 15.0 |
R-T 6.0 | R-T 8.0 | R-T 10.0 | R-T 12.5 | R-T 15.0 | |
(a) Residential. | |||||
Dwelling unit, one-family detached. | P1 | P1 | P1 | P1 | P1 |
Dwelling unit, one-family attached. | P2 | P2 | P2 | P2 | P15 |
Dwelling unit, one-family semidetached. | P | P | P | P | P |
Group home, small. | P | P | P | P | P |
Group home, large.8 |
SE | SE | SE | SE | SE |
Guest rooms for not more than 2 roomers in any dwelling unit. | P | P | P | P | P |
Housing and related facilities for senior adults or persons with disabilities | SE | SE | SE | SE | SE |
Life care facility. | SE | SE | SE | SE | SE |
Townhouse. | P | P | P | P | P |
(b) Transportation, communication and utilities. | |||||
Amateur radio facility. | P16/SE | P16/SE | P16/SE | P16/SE | P16/SE |
Cable communication system. | SE4 | SE4 | SE4 | SE4 | SE4 |
Electric power transmission and distribution lines, overhead, carrying more than 69,000 volts. | SE | SE | SE | SE | SE |
Electric power, transmission and distribution lines, underground. | P | P | P | P | P |
Pipelines, underground. | P | P | P | P | P |
Public utility buildings and structures. | SE | SE | SE | SE | SE |
Telephone and telegraph lines. | P3 | P3 | P3 | P3 | P3 |
(c) Commercial. | |||||
Christmas trees, sale of, between December 5 and December 25. | P5 | P5 | P5 | P5 | P5 |
Transitory use.14 |
P/SE | P/SE | P/SE | P/SE | P/SE |
(d) Services. | |||||
Adult foster care home. | P | P | P | P | P |
Ambulance or rescue squads, publicly supported. | P | P | P | P | P |
Child day care facility: | |||||
—Family day care home. | P | P | P | P | P |
—Group day care home.9 |
SE | SE | SE | SE | SE |
—Child day care center. | SE | SE | SE | SE | SE |
Churches, memorial gardens, convents, monasteries, and other places of worship. | P | P | P | P | P |
Day care facility for not more than 4 senior adults and persons with disabilities. | P | P | P | P | P |
Day care facility for more than 4 senior adults and persons with disabilities | SE | SE | SE | SE | SE |
Domiciliary care home for more than 16 residents.6 |
SE | SE | SE | SE | SE |
Educational institutions, private | SE | SE | SE | SE | SE |
Fire stations, publicly supported. | P | P | P | P | P |
Home health practitioner’s office.10 |
SE | SE | SE | SE | SE |
Home occupation, major.10 |
SE | SE | SE | SE | SE |
Home occupation, registered.11 |
P | P | P | P | P |
Home occupation, no impact.12 |
P | P | P | P | P |
Hospice care facilities. | SE | SE | SE | SE | SE |
Hospitals. | SE | SE | SE | SE | SE |
Nursing home.6 |
SE | SE | SE | SE | SE |
Offices, business. | P7 | P7 | P7 | P7 | P7 |
Offices, medical practitioners, for use of other than a resident of the building. | SE | SE | SE | SE | SE |
Opportunity housing projects. | P | P | P | P | P |
Publicly owned or publicly operated uses. | P | P | P | P | P |
Respite care home. | P | P | P | P | P |
(e) Cultural, entertainment and recreational. | |||||
Golf courses and country clubs. | SE | SE | SE | SE | SE |
Libraries and museums. | P | P | P | P | P |
Parks and playgrounds, publicly owned. | P | P | P | P | P |
Private clubs and service organizations. | SE | SE | SE | SE | SE |
Recreational facilities primarily for the use of residents. | P | P | P | P | P |
Swimming pools, community. | SE | SE | SE | SE | SE |
Swimming pools, private. | P13 | P13 | P13 | P13 | P13 |
(f) Miscellaneous. | |||||
Accessory buildings and uses. | P | P | P | P | P |
Signs in accordance with article 59-F | P | P | P | P | P |
1 Subject to the requirements of the R-60 zone.
2 In accordance with the special regulations applying to developments which include moderately priced dwelling units as required by chapter 25A.
3 Underground only.
5 On undeveloped tracts only.
6 Subject to the special exception standards for a Nursing Home; and Domiciliary Care Home, section 59-G-2.37.
7 For business connected with the management, service, and maintenance of the development.
8 Subject to the special exception standards for a group home, section 59-G-2.26.
9 This applies only to freestanding buildings located in the zone.
10 In accordance with Section 59-G-2.29, title "Home Occupation, major."
12 There must be no more than 5 visits per week, no nonresident employees and no discernible adverse impact on the neighborhood.
13 For the exclusive use of residents within the tract.
14 In accordance with section 59-A-6.13.
15 No more than 40 percent of the dwelling units may be one-family attached except in accordance with the moderately priced dwelling unit requirements of Section 59-C-1.74.
16 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.
(a) In sections of the County that are designated or appropriate for residential development at densities allowed in the R-T Zones; or
(b) In locations in the County where there is a need for buffer or transitional uses between commercial, industrial, or high-density apartment uses and low-density one-family uses.
It is the intent of the R-T Zones to provide the maximum amount of freedom possible in the design of townhouses and their grouping and layout within the areas classified in that zone, to provide in such developments the amenities normally associated with less dense zoning categories, to permit the greatest possible amount of freedom in types of ownership of townhouses and townhouse developments, to prevent detrimental effects to the use or development of adjacent properties or the neighborhood and to promote the health, safety, morals and welfare of the present and future inhabitants of the district and the County as a whole. The fact that an application for R-T zoning complies with all
specific requirements and purposes set forth herein shall not be deemed to create a presumption that the resulting development would be compatible with surrounding land uses and, in itself shall not be sufficient to require the granting of the application.
(a) Eight townhouses is the maximum number permitted in any one attached row.
(b) Three continuous, attached townhouses is the maximum number permitted with the same front building line. The variations in building line must be at least 2 feet.
(c) For one-family attached units, there can be no more than 12 units in one row.
(a) No use other than those permitted in the R-T Zone is permitted in the R-T portion of the combined tract;
(b) The number of dwelling units in the combined tract must not exceed the total number permitted on the separate tracts;
(c) The amount of green area in the combined tract must not be less than the total required for the separate tracts;
(d) The number of parking spaces in the combined tract must not be less than the total number required for the separate tracts; and
(e) The two or more tracts to be so developed must share a common boundary with one another.
59-C-1.724. Existing structures. Multiple-family dwellings existing before the application of an RT zone are conforming structures and may be repaired, reconstructed, or structurally altered under the provisions of their prior zone, if the gross floor area of those dwellings is not increased above the gross floor area that existed on the date that the lot was rezoned; however, if covenants were recorded under an approved schematic development plan, any reconstruction or alteration must satisfy the conditions of those covenants.
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