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
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.

59-C-2.43. Transferable development rights zones.

   59-C-2.431. Method 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-2.41.  In addition, standard method development may be approved under the procedures for development including moderately priced dwelling units, as contained in section 59-C-2.42, 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-2.432 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-2.44.  The special regulations require compliance with the density, numerical limitations, and other guidelines contained in the applicable master or sector plan approved by the district council.

	R-30 TDR	R-20 TDR	R-10 TDR
59-C-2.432. Development Standards-Transferable Development Rights Zones:
(a) Land uses.  Uses allowed in the TDR zones are those uses allowed in the following zones:	R-30	R-20	R-10
(b) Development standards-Standard method: Density limitations for MPDU development (section 59-C-2.42) apply to similar development in the standard method TDR zones:	R-30	R-20	R-10
All other development must be in accord with the development standards applicable to the following zones:	R-30	R-20	R-10
(c) Development standards-Optional method of development:
-Maximum density of development (maximum number of dwellings per acre):	40	50	100
-All other development standards as specified in the special regulation provisions of section 59-C-2.44.

 

59-C-2.44. Special regulations for optional method development using transferable development rights.

      59-C-2.441. Applicability. The following procedures and regulations apply to the transfer of development rights from land classified in the rural density transfer zone (RDT) to land classified in the transferable development rights (TDR) zones.  The Planning Board may approve subdivision of such land at densities not to exceed the maximum density permitted in the applicable TDR zone and conforming to the guidelines contained in the applicable master or sector plan approved by the district council.  Any increase in density above the density applicable to the standard method of development must be based on a ratio of two multi-family dwelling units for each transferable development right (TDR), except within a designated Metro station policy area, where a ratio of three multi-family dwelling units for each TDR and two one-family detached units for each TDR applies.

      59-C-2.442. General provisions.

      (a)   A development right must be created, transferred and extinguished only by means of documents, including an easement and appropriate releases, in a recordable form approved by the Planning Board. The easement must limit the future construction of one-family dwellings on a property in the RDT zone to the total number of development rights established by the zoning of the property minus all development rights previously transferred in accordance with this section, the number of development rights to be transferred by the instant transaction, and the number of existing one-family detached dwellings on the property.

      (b)   The transfer of development rights must be recorded among the land records of Montgomery County, Maryland.

      (c)   The development density of a property under the TDR optional method may not be increased above the maximum density permitted in the zone (section 59-C-2.432) nor beyond the density or number of dwelling units recommended for such property by the land use plan of the applicable master or sector plan approved by the district council.

      (d)   A property developed with development rights must include Moderately Priced Dwelling Units (MPDUs) under Chapter 25A and may include workforce housing units under Section 59-A-6.18 and Chapter 25B.  The number of MPDUs and any resulting bonus density must be calculated after the base density of a property has been increased by a transfer of development rights.  The MPDU density bonus does not require the acquisition of additional development rights.

      59-C-2.443. Development approval procedures under the optional method of development.

      (a)   A request to utilize development rights on a property under the optional method must be in the form of a preliminary subdivision plan submitted in accordance with the subdivision regulations contained in chapter 50 of the County Code.

      (b)   Such a preliminary plan must include at least two-thirds of the number of development rights permitted to be transferred to the property under the provisions of the applicable master or sector plan approved by the district council.  However, upon a finding by the Planning Board that for environmental or compatibility reasons it would be desirable to permit a lower density, the two-thirds requirement may be waived.

      (c)   A site plan must be submitted and approved in accordance with the provisions of division 59-D-3.

      (d)   The Planning Board must approve a request to utilize development rights if the request:

         (1)   does not exceed the limitations on the density or number of dwelling units permitted in the zone and in the applicable master or sector plan approved by the district council;

         (2)   is in accordance with provisions of this chapter;

         (3)   is in accordance with chapter 50, title "Subdivision of Land";

         (4)   is consistent with other recommendations of the master or sector plan approved by the district council; and

         (5)   achieves a desirable development compatible with both site conditions and surrounding existing and future development.

      (e)   Prior to Planning Board approval of a final record plat for a subdivision using transferred development rights, an easement to the Montgomery County Government in the form required by subsection (a) above limiting future construction of dwellings on a property in the RDT zone by the number of development rights received must be recorded among the land records of Montgomery County, Maryland.

      (f)   A final record plat for a subdivision using transferred development rights must contain a statement setting forth the development proposed, the zoning classification of the property, the number of development rights used, and a notation of the recordation of this conveyance required by section 59-C-2.442(b).

      59-C-2.444. Development standards applicable to the optional method of development.

      (a)   Development under the TDR optional method density provisions of section 59-C-2.432(c) must conform to the development standards and permitted residential uses as indicated in section 59-C-2.445.

      (b)   The final density achieved for any property located in a TDR receiving area developed under the optional method procedures must be determined by the Planning Board at site plan and/or subdivision review and must conform to the site plan provisions (division 59-D-3 of the Zoning Ordinance) and subdivision regulations (chapter 50 of the Montgomery County Code).

      (c)   In making the determination as to the final density, the Planning Board will consider the following factors:

         (1)   provides an appropriate range of housing types;

         (2)   preserves environmentally sensitive and priority forest areas, and mitigates unavoidable impacts on the natural environment;

         (3)   facilitates good transit serviceability and creates a desirable and safe pedestrian environment;

         (4)   achieves compatibility with surrounding land uses; and

         (5)   conforms to the relevant master or sector plan approved by the district council.

      59-C-2.445. Special provisions for TDR developments. The following development standards for the development of a property under the optional method apply to the TDR density shown on the master or sector plan for that area.  Where moderately priced dwelling units are included in accordance with the requirements of chapter 25A of this Code, as amended, the MPDU development standards apply.  The increase in density must not exceed 22 percent of the TDR density.

Minimum Percentage Required1
TDR Density per Acre Shown on Master Plan	Size of Development3	One-Family Detached	One-Family Townhouse and Attached	Multiple Family2 Four-Story or Less4	Over 4-Story	Green Area (Percent of gross area)
16-30	Less than 200 units	P	P	P5	50	40
16-30	200 units or more	P	P	255	50	40
35-50	Less than 200 units	P	P	25	50	30
35-50	200 units or more	P	P	35	50	30
60-100	Less than 200 units	NP	P	P	P	30
60-100	200 units or more	NP	P	P	P	30

 

P   Permitted but not required.

( )    Maximum percentage permitted.

1   Upon a finding by the Planning Board that a proposed development is more desirable for environmental reasons or is more compatible with adjacent development than that which would result from adherence to these standards, the percentage requirements for one-family and multiple-family stated herein may be waived.

2   Permitted only where specifically recommended as type in the area master or sector plan for the receiving area.  In any instance where the minimum percentage requirement would yield a total of 150 multiple-family dwelling units or less, this requirement does not apply, and no such units will be required.  Whenever the minimum percentage would yield 151 units or more, the full number is required except in cases covered by footnote number 1.

3   Total number of dwelling units planned.

4   One-family attached may be substituted for all or part of this requirement.

5   The four-story height limit may be waived upon a finding by the Planning Board that a proposed development can achieve greater compatibility with adjacent development that would result from adherence to the standards.

(Legislative History: Ord. No. 8-54, § 5; Ord. No. 8-55, § 6; Ord. No. 8-58, § 6; Ord. No. 8-59, § 7; Ord. No. 9-40, § 1; Ord. No. 9-41, § 1; Ord. No. 9-74, § 5; Ord. No. 9-83, § 2; Ord. No. 10-6, § 3; Ord. No. 10-30, § 1; Ord. No. 10-31, § 4; Ord. No. 10-32, § 2; Ord. No. 10-53, § 10; Ord. No. 10-88, § 1; Ord. No. 11-38, § 4; Ord. No. 12-1, § 1; Ord. No. 12-71, § 2; Ord. No. 13-71, §§2 and 3; Ord. No. 13-103, § 1; Ord. No. 15-34, § 1; Ord. No. 15-77, § 3; Ord. No. 16-46, § 2.)

Division 59-C-3. R-MH Zone-Mobile Home Development.

Sec. 59-C-3.1. Intent and purpose.

It is the purpose of the R-MH zone to provide for planned mobile home residential developments, including related recreational, commercial and other service facilities. It is further the purpose to provide sites for such developments at appropriate locations within the regional district in relation to the existing and potential development of the surrounding areas and in relation to other uses and community facilities, in such a manner as to afford a proper setting for such developments and in compliance with the requirements of the general plan.

It is the intent of the R-MH zone to provide the maximum amount of freedom possible in the design of mobile home developments and the grouping and layout of mobile homes within such developments; to provide in such developments the amenities normally associated with planned residential areas; to encourage the development of comprehensive pedestrian circulation networks, separated from vehicular roadways, linking residential, commercial and recreational facilities; to permit the greatest possible amount of freedom in types of ownership of mobile homes and home developments; to encourage site and development plans which will maximize compatibility between mobile home developments and development on adjoining land; and to promote the health, safety, morals and welfare of the present and future inhabitants of the regional district and the county as a whole.

In order to assist in achieving the flexibility of design needed for the implementation of these purposes, a development plan is required to be submitted as a part of an application for the R-MH zone and a detailed site plan to be submitted by a developer prior to the issuance of any building or grading permit, subject to approval by the planning board as complying with all of the specific and general requirements hereof.