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MONTGOMERY COUNTY ZONING ORDINANCE
Chapter 59 Zoning [Note]
Comparative Table - Ordinances

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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.)

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