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MONTGOMERY COUNTY ZONING ORDINANCE
Chapter 59 Zoning [Note]
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   59-C-2.242. Other Zones.
      (a)   If the special regulations for development, including moderately priced dwelling units set forth in section 59-C-2.42 or transferable development rights as set forth in subsection 59-C-2.43 are used, development must be in accordance with the procedure in division 59-D-3.
      (b)   If the above-mentioned special regulations are not used, the procedure for approval must be as set forth in the subdivision regulations, being chapter 50 of the Montgomery County Code.
   59-C-2.25. Existing structures.
      (a)   Multiple-family dwellings, if built under the standards of the C-2 Zone prior to March 23, 1976 are conforming structures and may be repaired, reconstructed, or structurally altered as multiple-family dwellings, in accordance with the provisions of this Chapter in effect for the C-2 zone prior to March 23, 1976, so long as the total floor area is not increased beyond what is in existence as of May 10, 1993. 
      (b)   Multiple-family dwellings, if built under the standards of any multiple-family zone between January 1, 1954 and October 23, 1973, are conforming structures and may be repaired, reconstructed, or structurally altered as multiple-family dwellings in accordance with the provisions of this Chapter in effect for the respective zone prior to October 23, 1973, so long as the total floor area is not increased beyond what is in existence as of May 10, 1993.
      (c)   If a lot was in a multiple-family zone and was recorded in the Montgomery County land records prior to January 1, 1954, and the lot does not meet the minimum net lot area standards of Sec. C-2.411, any development on the lot is subject to the multiple-family zone standards for the property in effect as of January 1, 1954, except:
         (1)   Any multi-family dwelling built under the standards of a multi-family zone prior to 1954 that has a valid use-and-occupancy permit, is a conforming structure and may be repaired, reconstructed, or structurally altered as a multi-family dwelling in accordance with the provisions of this Chapter in effect for the respective zone prior to 1954, so long as the total floor area is not increased beyond what was in existence as of January 1, 2001.
         (2)   Any multi-family dwelling built after January 1, 2001, and replacement of any multi-family dwelling built under the standards of a multi-family dwelling built under the standards of a multi-family zone prior to 1954, must conform to the off-street parking requirements as set forth in Division 59-E-3.
      (d)   If a lot in a multiple-family zone was recorded in the Prince George's County land records, in a multiple-family zone as of July 1, 1997, and does not meet the minimum net lot area standards of Sec. C-2.411, any development on the lot is subject to the Montgomery County multiple-family zone standards for the property in effect as of January 1, 1954, except:
         (1)   Any multi-family dwelling built under the standards of a multi-family zone prior to 1954 that has a valid use-and-occupancy permit, is a conforming structure and may be repaired, reconstructed, or structurally altered as a multi-family dwelling in accordance with the provisions so long as the total floor area is not increased beyond what was in existence as of January 1, 2001.
         (2)   Any multi-family dwelling built after January 1, 2001, and replacement of a multi-family dwelling built under the standards of any multi-family zone prior to 1954, must conform to the off-street parking requirements as set forth in Division 59-E-3.
(Legislative History: Ord. No. 12-37, § 1; Ord. No. 12-71, § 2; Ord. No. 14-30, § 1.)
Sec. 59-C-2.3. 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, in accordance with the provisions of Article 59-G.
R-30
R-20
R-10
R-H
R-30
R-20
R-10
R-H
(a) Residential.
Apartment hotels.1
Boardinghouses.2
P
P
P
P
Dwellings, multiple-family
P
P
P
P
Dwellings, one-family detached.
P
P
P
P
Embassy.19
P
P
P
P
Fraternity and sorority houses.
SE
SE
SE
Group home, small.
P
P
P
P
Group home, large.
P
P
P
P
Guest rooms, for not more than 2 roomers in any dwelling unit.
P
P
P
Housing and related facilities for senior adults or persons with disabilities.
P
P
P
P
Life care facility.
SE
SE
SE
SE
Personal living quarters.24
P/SE
P/SE
P/SE
P/SE
(b) Transportation, communication and utilities.
Amateur radio facility.
P4/
SE
P4/
SE
P4/
SE
P4/
SE
Cable communications system.3
SE
SE
SE
SE
Electric power transmission and distribution lines, overhead, carrying more than 69,000 volts.
SE
SE
SE
Electric power transmission and distribution lines, overhead, carrying 69,000 volts or less.
P
P
P
Electric power transmission and distribution lines, underground
P
P
P
P
Parking of automobiles, off-street, in connection with commercial uses.
SE
SE
SE
Parking of motor vehicles, off-street, in connection with any use permitted
P
P
P
P
Pipelines, aboveground
SE
SE
SE
Pipelines, underground
P
P
P
P
Public utility buildings and structures.
SE
SE
SE
SE
Radio and television broadcasting stations and towers.
SE
SE
SE
Railroad tracks.
P
P
P
Rooftop mounted antennas and related unmanned equipment building, equipment cabinets, or equipment room.22
P
P
P
P
Telephone and telegraph lines.
P
P
P
P5
(c) Commercial.
Retail sales and personal service establishments incidental to a multiple-family dwelling or group of dwellings.
SE6
SE
Transitory use21
P/SE
P/SE
P/SE
P/SE
(d) Services.
Adult foster care home.
P
P
P
P
Ambulance or rescue squads, privately supported, nonprofit.
SE
SE
SE
Ambulance or rescue squads, public supported.
P
P
P
P
Chancery.20
SE
SE
SE
SE
Child day care facility:
—Family day care home.
P
P
P
P
—Group day care home.23
SE
SE
SE
SE
—Child day care center.
SE
SE
SE
SE
Churches, memorial gardens, convents, monasteries and other places of worship.
P
P
P
P
Clinic, medical or dental, for 5 or more medical practitioners.13
SE
SE
SE
Community redevelopment areas.18
SE
SE
SE
SE
Day care facility for up to 4 senior adults and persons with disabilities.10
P
P
P
P
Day care facility for more than 4 senior adults and persons with disabilities.10
SE
SE
SE
SE
Domiciliary care home for more than 16 residents.7
SE
SE
SE
SE
Educational institutions private.
SE
SE
SE
Fire stations, public supported.
P
P
P
P
Group residential facilities for housing exceptional persons.
SE
SE
SE
SE
Home health practitioner’s office.
P15/
SE14
P15/
SE14
P15/
SE14
Home occupation, major.14
SE
SE
SE
SE
Home occupation, registered.15
P
P
P
P
Home occupation, no impact.16
P
P
P
P
Hospice care facilities.
SE
SE
SE
SE
Hospitals.
SE
SE
SE
SE
Nursing home.7
SE
SE
SE
SE
Office, business.8
P
P
P
P
Offices, general.
P9
Office, medical practitioner, for use by other than a resident of the building.14
SE
SE
SE
SE11
Publicly owned or publicly operated uses.
P
P
P
P
Respite care home.
P
P
P
P
(e) Cultural, entertainment and recreational.
Golf courses and country clubs.
SE
SE
SE
Libraries and museums.
P
P
P
P
Parks and playgrounds, publicly owned.
P
Private clubs and service organizations.
SE
SE
SE
Swimming pool, community.
SE
SE
SE
Swimming pools, private.17
P
P
P
P
(f) Resource production and extraction.
Agricultural uses.
P
P
P
P
Temporary structures, including wayside stands for the sale of farm products.
SE
SE
SE
(g) Miscellaneous uses.
Accessory buildings and uses.
P
P
P
P
Signs, in accordance with the provisions of article 59-F.
P
P
P
P
 
1   If lawfully existing prior to April 26, 1966. They will not be regarded as nonconforming uses and may be continued, repaired, reconstructed, structurally altered or enlarged.
2   Provided that the lot contains at least 3,000 square feet plus 1,500 square feet per bedroom rented to a roomer or boarder, but not less than a total of 12,000 square feet.
3   Except as provided in sections 59-A-6.9 and 59-G-2.10.1.
4   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.
5   Underground only.
6   The dwelling in which the establishments are located must have at least 150 dwelling units, be at least 6 stories in height and be within a multiple-family complex of at least 20 acres.
7   Subject to the special exception standards for a Nursing Home; and Domiciliary Care Home, section 59-G-2.37.
8   In a multiple-family, or group of such dwellings occupying a parcel of land in one ownership, containing at least 24 dwelling units, for business connected with the rental, operation, service, and maintenance of the dwelling.
9   General office uses, excluding a veterinarian's office, are permitted in the R-10 zone only in buildings originally constructed as apartment-hotels in the C-2 zone. Such uses shall only be permitted in units where general office uses were lawfully in existence on October 19, 1982. Such units may be repaired, remodeled and enlarged; but any enlargement shall not increase the amount of commercial space within the building. Except for the activities explicitly included in the general office definition, no wholesale or retail sale, leasing or distribution of goods or products or the storage or warehousing of such goods or products shall be permitted.
10   See “Day Care Facility for Senior Adults and Persons with Disabilities,” section 59-G-2.13.
11   On ground floor level only, so located as to protect residents from noise and odors, and with sufficient additional parking space.
12   Repealed by Ord. No. 13-47, § 3.
13   Provided that a petition was approved prior to February 20, 1989, as provided in section 59-G-2.14.
14   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.
15   In accordance with Sections 59-A-3.4 and 59-A-6.1.
16   There must be no more than 5 visits per week, no nonresident employees and no discernible adverse impact on the neighborhood.
17   For the exclusive use of the residents of dwellings located on the same lot.
18   If in existence as of July 22, 1991.
19   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.
20   When located on the same site as an embassy.
21   In accordance with Section 59-A-6.13.
22   Refer to Sec. 59-A-6.14.
23   Not to be located in a townhouse unit or an attached unit.
24   In accordance with the provisions of Section 59-A-6.15. A special exception is required for a PLQ development with 50 or more individual living units.
(Legislative History: Ord. No. 8-54, § 5; Ord. No. 8-55, § 6; Ord. No. 8-58, § 6; Ord. No. 8-59, § 7; Ord. No. 9-74, § 5; Ord. No. 9-83, § 2; Ord. No. 10-39, § 4; Ord. No. 10-53, § 9; Ord. No. 11-14, § 4; Ord. No. 11-29, § 4; Ord. No. 11-40, § 3; Ord. No. 11-41, § 4; Ord. No. 11-69, § 7; Ord. No. 11-72, § 4; Ord. No. 11-73, § 4; Ord. No. 12-1, § 1; Ord. No. 12-4, § 2; Ord. No. 12-51, § 3; Ord. No. 12-71, § 2; Ord. No. 12-72, § 1; Ord. No. 12-75, § 3; Ord. No. 13-21, § 4; Ord. No. 13-46, § 3; Ord. No. 13-47, § 3; Ord. No. 14-47, § 1; Ord. No. 15-54, § 4.)
Sec. 59-C-2.4. Development standards.
   59-C-2.41. Standard method of development.
Except as provided in section 59-C-2.42, the following standards apply:
R-30
R-20
R-10
R-H
R-30
R-20
R-10
R-H
59-C-2.411. Minimum Net Lot Area (in Square Feet).
For any development:
12,000
16,000
20,000
40,000
Per dwelling unit:
    (a) For the zones indicated:
3,000
2,000
1,000
    (b) For the R-H zone
    Where the percentage of the lot covered by multiple-family dwellings is
          -More than 11:
1,400
          -More than 10:
1,300
          -More than 9:
1,200
          -More than 8:
1,100
          -Eight or less:
1,000
59-C-2.412. Minimum Lot Width at Front Building Line (in Feet).
-For an interior lot:
75
85
100
200
-For a corner lot:
100
100
125
200
-For any lot used for multiple-group dwellings:
100
125
150
200
59-C-2.413.  Yard Requirements (in Feet).  Each lot must have building lines parallel to each of its boundaries and so located as to provide front, side and rear yards at least as follows:
(a) For buildings not over 30 feet in height, the minimum setbacks shall be:1
    (1) From street (whichever is greater):
    -From street line:
30
30
30
30
    -From center line:
65
65
70
70
    (2) From adjoining lot
    -One side:
10
10
10
10
    -Sum of both sides:
30
30
30
30
    -Rear:
30
30
30
30
(b) For buildings over 30 feet in height, all of the setbacks shown in (a) above must be increased for each foot of height over 30 feet by an additional:2
3
0.5
1
59-C-2.414. Distance Between Buildings (in Feet).  The minimum distance between any 2 multiple-family dwellings on the same lot must be as follows:
-For buildings not over 30 feet in height:
50
50
50
50
-For each foot by which the taller building exceeds 30 feet, an additional:
2
0.5
1
59-C-2.415. Courts. Inner courts are not permitted.  The width of outer courts must be calculated in the same manner as specified in section 59-C-2.414 for the distance between buildings.
59-C-2.416. Maximum Building Height (in Feet).
-On a lot of 5 acres or more:
35
80
-On a lot of less than 5 acres:
35
30
-Additional height for air conditioners or similar rooftop structures and mechanical appurtenances pursuant to division 59-B-1(b):
8
59-C-2.417. Coverage Limitations (Percent of Area of Lot).
-Building must not occupy more than:
18
18
12
12
-Green area must be provided for not less than:
65
60
50
55
59-C-2.418. Maximum Density of Development (Dwelling Units per Acre of Net Lot Area):
14.5
21.7
43.53
3
59-C-2.419.  Procedure for Application and Approval. Site plans must be submitted and approved in accordance with the provisions of division:
59-D-3
59-C-2.42. Special regulations for development including moderately priced dwelling units.
The following optional standards may be used to achieve MPDUs, including any bonus density, provided under Chapter 25A on site.  If the optional standards are used, the site plan approval procedures of Division 59-D-3 must be followed.
59-C-2.421. Maximum Density of Development.
-Dwelling units per acre:
17.69
26.47
53.07
-Percent increase over section 59-C-2.411(b):
22
59-C-2.422. Coverage Limitations (Percentage of Area of Lot).
-Green area may be reduced, to not less than:
35
35
354
354
59-C-2.423.  The requirements for yards, building setbacks and distances between multifamily dwellings may be reduced if it is demonstrated during site plan review that such reductions are necessary to accommodate the increased density.
59-C-2.424. Off-Street Parking.  The off-street parking requirement for each moderately priced dwelling unit must be as specified in the schedule of parking requirements contained in section 59-E-3.7.
59-C-2.425.  Procedure for application and approval.  Site plans must be submitted and approved in accordance with the provisions of division:
59-D-3
59-D-3
59-D-3
59-D-3
 
1   In the case of the R-H zone, none of these minimum yards must be used for accessory buildings, parking or access roads; except that entrance and exit drives may cross them in as direct a manner as possible.
2   In the R-H zone, the additional setback required in (b) does not have to be maintained as yard area and may be utilized for parking, access drives, accessory buildings and the terracing of buildings, so long as any building or structure does not penetrate the setback line requirement in section 59-C-2.413(b).
3   Workforce housing units may be provided under Section 59-A-6.18 and Chapter 25B.
4   If required to accommodate the construction of all workforce housing units on site.
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