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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.
C-T | O-M | C-O | C-P | C-1 | C-2 | C-3 | C-4 | C-5 | C-6 | H-M | Country Inn
|
C-T | O-M | C-O | C-P | C-1 | C-2 | C-3 | C-4 | C-5 | C-6 | H-M | Country Inn
| |
(a) Residential: | ||||||||||||
Apartment hotels.1 | ||||||||||||
Boarding houses. | P | P | ||||||||||
Dwellings. | P6 | P6/SE | P2, 52 | SE | P40/SE | SE | P67/ SE | SE | P4 | |||
Guest rooms. | P5 | |||||||||||
Hotel or motel. | P3 | P | ||||||||||
Personal living quarters.50 | P/SE | P/SE | P/SE | P/SE | ||||||||
Tourist homes. | P | P | P | P | ||||||||
(b) Manufacturing and industrial. | ||||||||||||
Ice storage. | P | P | ||||||||||
Manufacturing and assembly of medical, scientific or technical instruments, devices, products and equipment. | P56 | |||||||||||
Newspaper, printing and publishing shops. | P | P | ||||||||||
(c) Transportation, communication and utilities: | ||||||||||||
Amateur radio facility. | P63/ SE
| P63/ SE
| P63/ SE
| P63/ SE
| P63/ SE
| P63/ SE
| P63/ SE
| P63/ SE
| P63/ SE
| P63/ SE
| P63/ SE
| P63/ SE
|
Cable communications system. | SE9 | SE9 | SE9 | SE9 | SE9 | SE9 | SE9 | SE9 | SE9 | SE9 | SE9 | SE9 |
Electric power transmission and distribution lines. | P | |||||||||||
Electric power transmission and distribution lines, overhead, carrying 69,000 volts or less. | P | |||||||||||
Electric power transmission and distribution lines, underground. | P | |||||||||||
Heliports. | SE | SE | SE | SE | SE | SE | ||||||
Helistops. | SE | SE | SE | SE | SE | SE | SE | SE | ||||
Parking garages, automobile. | P7 | P | P | SE | SE | |||||||
Parking of automobiles, off-street, in connection with commercial uses. | SE | |||||||||||
Parking of motor vehicles, off-street, in connection with any use permitted. | P | P | P | P | P | P | P | P | P | P | P | P |
Parking lots, automobile. | P | P | ||||||||||
Pipelines, aboveground. | P | P | ||||||||||
Pipelines, underground. | P | P | P | |||||||||
Public utility buildings and structures. | SE | SE | SE | SE | SE | SE | SE | SE | SE | P/SE | SE | SE |
Radio and television broadcasting stations and towers. | SE/P55 | SE/P55 | SE/P55 | |||||||||
Radio and television broadcasting studios. | P | P | P | P | ||||||||
Railroad tracks. | P | P | P | P | ||||||||
Roof top mounted antennas and related unmanned equipment building, equipment cabinets or equipment room.46 | P | P | P | P | P | P | P | P | P | P | P | |
Taxicab stands. | P | P | P | P | ||||||||
Telecommuni- cations facility. | SE | SE | P8/ SE
| P8/ SE
| SE | P8/ SE
| P8/ SE
| SE | P8/ SE
| P8/ SE | SE | |
Telephone and telegraph lines. | P | P | ||||||||||
Telephone and telegraph lines, underground. | P | P | ||||||||||
Telephone offices and communications centers. | P | P | P | P | P | |||||||
(d) Commercial:68 | ||||||||||||
Adult entertainment business.43 | P | |||||||||||
Antique shops, handicrafts or art sales. | P49 | P | P | P | P | P12 | ||||||
Appliance stores. | P | P | P | P | P | |||||||
Automobile parts, supplies and tire stores. | P13 | P | P | |||||||||
Automobile sales, indoor. | P | P14 | ||||||||||
Automobile sales, outdoors. | SE | P14 | ||||||||||
Automobile sales and service mall. | P14 | |||||||||||
Boat sales, indoors. | P | |||||||||||
Boat sales, outdoors. | P | |||||||||||
Book stores. | P | P | P | P | ||||||||
Building materials and supplies. | P | P | ||||||||||
Combination retail store | SE | SE | ||||||||||
Convenience food and beverage. | P | |||||||||||
Country inns. | P | |||||||||||
Delicatessen. | SE15 | SE11 | SE11 | P | P | P | ||||||
Department stores. | P | P | ||||||||||
Drug store. | SE15 | SE11 | SE11 | P | P | P | P | P | ||||
Eating and drinking establishment, excluding a drive-in. | SE15 | P/SE62 | SE11 | SE62 | P17 | P | P17 | P16 | P | P | ||
Eating and drinking establishments, including drive-ins. | SE | SE | P | SE | SE | |||||||
Farm building supply and construction.64 | P | |||||||||||
Farm implements, storage and sales. | P | P | ||||||||||
Feed and grain, storage and sales. | P | P | ||||||||||
Florist. | SE15,20 | P 65 | P | P | P | P | ||||||
Food and beverage store. | P19 | P19 | P19 | P | ||||||||
Furniture stores, carpet or related furnishing sales or service. | P18 | P | P | P | P | |||||||
Garden supply shops. | P | P | P | P | ||||||||
Gift shops. | P | P | P | P | ||||||||
Grocery stores. | P | P | P | P | ||||||||
Hardware stores. | P | P | P | P | ||||||||
Heavy equipment, sales and services. | P | |||||||||||
Jewelry stores. | P | P | P | P | ||||||||
Landscape contractor. | P60 | |||||||||||
Mobile homes and trailer sales. | P | |||||||||||
Newsstand. | SE15 | P16 | SE11 | SE11 | P | P | P | P16 | P | |||
Pet shops. | SE | P | SE | |||||||||
Photographic and art supply stores. | P | P | P | P | ||||||||
Printing and publishing. | P | |||||||||||
Retail sales and personal services. | SE15 | SE11 | SE11 | P | ||||||||
Retail trades, businesses, and services of a general commercial nature. | P | |||||||||||
Saddlery. | P12 | |||||||||||
Specialty shop. | SE11 | SE11 | P | |||||||||
Tire, battery and accessory stores located in an integrated shopping center. | SE | |||||||||||
Transitory use.45 | P/SE | P/SE | P/SE | P/SE | P/SE | P/SE | P/SE | P/SE | P/SE | P/SE | P/SE | P/SE |
Variety and dry goods stores. | P | P | P | P | ||||||||
Wearing apparel stores. | P | P | P | P | ||||||||
(e) Services: | ||||||||||||
Ambulance or rescue squads, privately supported, nonprofit. | P | P | SE | P | P | P | P | P | ||||
Ambulance or rescue squads, publicly supported. | P | P | P | P | P | P | P | P | P | |||
Animal boarding place. | SE | P21 | ||||||||||
Appliance repair shops. | P | P | P | SE | P | |||||||
Automobile filling stations.41 | SE | SE | SE | SE | SE | |||||||
Automobile fluid maintenance stations. | SE22 | P23 | P | SE22 | P | |||||||
Automobile, light truck and light trailer rentals, outdoor. | SE | |||||||||||
Automobile repair and services. | P23 | P14 | SE22 | |||||||||
Automobile storage lots. | SE | |||||||||||
Automobile, truck and trailer rentals. | P14 | |||||||||||
Automobile, truck and trailer rentals, outdoor. | SE | |||||||||||
Banks and financial institutions. | P | P | P | P | P24 | P | P25 | P | P | P | P | |
Barber or beauty shop. | SE15 | P16 | SE11 | SE11 | P | P | P | P16 | ||||
Beauty shops, special provision.26 | P | |||||||||||
Blacksmith shop. | P12 | |||||||||||
Car wash. | SE | P | SE | |||||||||
Chancery.44 | P | P | P | P | P | |||||||
Charitable or philanthropic institutions. | P | P | P | P | SE | P | SE | P | P | P | ||
Child day care facility: | ||||||||||||
-Family day care home. | P | P | P | P | P | P | P | P | P | P | ||
-Group day care home. | P | P | P | P | P | P | P | P | P | P | ||
-Child day care center. | P | P | P | P | P | P | P | P | P | P | ||
Clinics. | P27 | P27 | P27 | P27 | P | P27 | P27 | P27 | P27 | |||
Corporate training center. | P | |||||||||||
Day care facility for senior adults and persons with disabilities | P | P | P | P | P | P | P | P | P | P | ||
Domiciliary care home for more than 16 residents.51 | SE | SE | SE | |||||||||
Dry cleaning and laundry establishments, consisting of no more than 3,000 square feet of gross floor area.28 | P | P | P | P | ||||||||
Dry cleaning and laundry pick-up station. | SE15 | SE11 | SE11 | P | P | P | P | |||||
Duplicating services. | P29 | P29 | P29 | P29 | P | P | P | P | P29 | P | ||
Educational institutions, private. | P | P | P | P | P | P | P | |||||
Emergency health care facility | P57 | |||||||||||
Express or mailing offices. | P | P | P | |||||||||
Fire stations, publicly supported. | P | P | P | P | P | P | P | |||||
Funeral parlors or undertaking establishments. | SE | SE | SE | P | P | SE | SE | P | ||||
Furniture or upholstery repair shops. | P | SE | SE | |||||||||
Hospitals. | SE | SE | ||||||||||
Hospitals, veterinary. | SE | P21 | P21 | |||||||||
International Organizations, public.44 | P | P | P | P | P | |||||||
Laboratories. | P | |||||||||||
Laundromats, self-service. | P | P | P | P | ||||||||
Nursing home.51 | SE | SE | SE | |||||||||
Offices, general. | P | P | P | P | P | P42 | P | P | P | |||
Offices, insurance claims. | P | |||||||||||
Offices, professional and business. | P24 | P24 | ||||||||||
Offices, real estate. | P66 | P | P | |||||||||
Pawnshop53 | P | |||||||||||
Place of religious worship. | P | P | P | P | P | P | P | P | P | P | ||
Publicly owned or publicly operated uses. | P | P | P | P | P | P | P | P | P | P | P | |
Research, development and related activities. | P47 | P30, 59 | P30 | |||||||||
Roofing contractor. | SE31 | |||||||||||
Shoe repair shops. | P | P | P | P | ||||||||
Sign painting shops. | P | |||||||||||
Tailor or dress making shops. | P | P | P | P | ||||||||
Telegraph or messenger service. | P | P | P | P | ||||||||
Trade, artistic or technical schools. | P | P | SE | P | ||||||||
Warehousing and storage service. | ||||||||||||
-Industrial and commercial uses, wholly enclosed. | P | SE | ||||||||||
-Self-storage facility. | P | P | ||||||||||
(f) Cultural, entertainment and recreational: | ||||||||||||
Amusement centers. | SE32 | SE/P33 | ||||||||||
Baseball driving ranges. | SE32 | P | ||||||||||
Billiard parlors. | SE32 | P | P | |||||||||
Bowling alleys. | P | P | SE | |||||||||
Fairgrounds, circuses and amusement parks. | P | P | ||||||||||
Golf courses and country clubs. | SE | SE | ||||||||||
Golf courses, miniature. | P | P | ||||||||||
Golf driving ranges. | SE32 | SE | ||||||||||
Health club. | P58 | P34 | P34 | P34 | P54 | P | P | P | P | |||
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 | ||||
Private clubs and service organizations. | SE | SE | P | |||||||||
Racquet ball, squash, indoor tennis and handball courts, commercial. | SE32 | SE32 | SE32 | SE32 | SE32 | SE32 | SE32 | |||||
Recreational facilities primarily for the use of guests. | P | |||||||||||
Recreational facilities as an accessory use in connection with an office building, primarily for employees. | P | |||||||||||
Recreational or entertainment establishments, commercial. | SE35 | SE | P36 | P | ||||||||
Rifle or pistol ranges, indoor. | SE | |||||||||||
Roller and ice skating rinks. | SE32 | P | ||||||||||
Stadiums or arenas. | SE32 | SE | ||||||||||
Swimming pools, commercial. | SE32 | P | SE37 | |||||||||
Swimming pools, community. | SE | SE | SE37 | SE37 | ||||||||
Swimming pools, private. | P | P | ||||||||||
Theaters, indoor. | SE | P | P | SE | ||||||||
Theaters, outdoor. | P | |||||||||||
(g) Resource production and extraction: | ||||||||||||
Agricultural uses. | P | |||||||||||
Christmas trees, sale of between 12/5 and 12/25. | P | P | ||||||||||
Farm products, sale of. | P | |||||||||||
Horticultural nurseries and commercial greenhouses. | P | P | P | |||||||||
(h) Miscellaneous uses: | ||||||||||||
Accessory buildings and uses. | P | P38 | P | P | P48 | P48 | P | P | P | P | P | P |
P | P | P | P | P | P | P | P | P | P | P | P | |
1 If lawfully existing prior to April 26, 1966. They shall not be regarded as nonconforming uses and may be continued, repaired, reconstructed, structurally altered or enlarged. An apartment hotel meeting the above requirements is not required to maintain any guest rooms. No more than 20 percent of the total units contained in any apartment hotel may be guest rooms, except that any apartment hotel with more than 20 percent of its units already used or being converted to guest room use on March 30, 1982, may continue to use that proportion, up to a maximum of 45 percent. After March 30, 1982, an apartment hotel may increase the number or proportion of guest rooms above 20 percent, but not above 45 percent of its total dwelling units upon approval by the board of appeals pursuant to the provisions for granting special exceptions and under the terms of the hotel-motel special exception.
2 Subject to the regulations of the R-60 zone.
3 A hotel or motel is a permitted use in the C-2 zone (i) if located in a central business district, or (ii) if located as part of a regional shopping center with gross leaseable area in excess of 1,200,000 square feet. Additionally, any hotel or motel lawfully existing in the C-2 zone on October 24, 1972, or reclassified to the C-2 zone on (effective date of Takoma Park SMA) is a conforming use and may continue to exist in accordance with the provisions of this chapter in effect prior to October 24, 1972. Any hotel or motel lawfully existing in the C-2 zone on October 24, 1972 may be converted in whole or in part to multi-family residential use provided that: (i) at least 25% of the units are restricted in sales price or rental price to amounts that comply with Montgomery County's Moderately Priced Dwelling Unit ("MPDU") regulations. In the event of conversion in whole or in part to multi-family residential use, the residential use will not be regarded as a nonconforming use and may continue to exist in accordance with the development standards of this Chapter in effect prior to October 24, 1972 which were applicable to hotel or motel uses.
4 Dwellings, for caretakers, innkeepers or watchkeepers and their families or for bona fide agricultural operations.
5 Up to 12 guest rooms may be permitted as part of the main country inn building.
6 If lawfully existing at the time the property was reclassified to the O-M or C-T zone. Such property may continue as residential or be used for a combination of residential and general office purposes. Any multi-family building existing as of July 1, 1997, reclassified to the O-M zone on (effective date of Takoma Park SMA) may be used for multi-family dwelling purposes. No more than four residential units may be located in a building.
7 To provide the parking requirements for uses on the same lot.
8 A telecommunications facility is a permitted use up to 150 feet in height with a setback of one foot for every foot of height from all residential and agricultural zoned properties.
10 Subject to the requirements of section 59-C-4.387.
11 See "Retail establishments in an office building," section 59-G-2.48.
12 Subject to the requirements of section 59-C-4.399.
13 When located in a shopping center containing at least 50,000 square feet of commercial floor area and fronting on an arterial road, or highway; provided that no reconditioning, repair or installation work is performed on or about the premises, and that there be no outside storage.
14 Subject to the requirements of section 59-C-4.367.
15 See "Retail and service establishments," section 59-G-2.46.
16 Provided there is no direct patron entrance to the facility from the exterior of the building.
17 No entertainment, except music may be offered; however, patron dancing is permitted if the area designated for dancing purposes does not occupy more than 10 percent of the total gross floor area of the restaurant, not to exceed 200 square feet.
18 Not to occupy more than 20 percent of the total gross floor area permitted at one location.
19 Provided that any goods prepared on the premises shall be offered for sale only on the premises and at retail.
20 A florist in existence on April 1, 1986, and located within an existing single-family structure abutting a roadway with an existing pavement of at least 4 lanes does not require a special exception and is not a nonconforming use, but it is subject to the special regulations of section 59-C-4.307(a).
21 When in a soundproof building.
22 Subject to the requirements for "automobile filling stations" as contained in section 59-G-2.06 and in the C-1 zone. All automobile fluid maintenance stations and automobile repair and service operations must be conducted entirely within a building containing not more than 3 service bays.
23 Not abutting or confronting any lot which is in a residential zone and is not recommended for commercial or industrial use on a master plan; and not within 300 feet of an entrance to a school, park, playground, or hospital.
24 Provided that such uses are consistent with the purposes of this zone; and provided further that on tracts of 5 acres or more such uses shall not occupy more than 50 percent of total gross floor area.
25 Drive-in banks only.
26 Provided that the operator or owner thereof acted in substantial reliance upon an official county order regarding compliance with county safety standards prior to the change in zone by sectional map amendment and further provided that said owner or operator applied for a certificate of use-and-occupancy therefor by June 15, 1976. Such use shall not continue if redevelopment of the property occurs in accordance with provisions of the C-O zone.
27 May include professional pharmacy, subject to same restrictions as in a clinic approved as a special exception (section 59-G-2.14).
28 Work for other similar establishments is not permitted. A dry cleaning and laundry establishment larger than 3,000 square feet of gross floor area which existed on June 23, 2003 is a conforming use and may be continued, structurally altered, repaired or reconstructed, if the floor area devoted to the use is not increased, extended or enlarged beyond the floor area devoted to the use on June 23, 2003. If a dry cleaning and laundry establishment larger than 3,000 square feet of gross floor area remains under the same ownership and control, it may relocate as a conforming use to another permitted site in any zone where it could have located before June 23, 2003. Otherwise, a dry cleaning and laundry establishment that discontinues operations for more than six months must not be reestablished. However, a dry cleaning and laundry establishment that discontinues operations because of a fire, flood, natural disaster, or other event beyond the owner's control may be reestablished no later than one year after it last operated.
29 A duplicating service is allowed within an existing single-family structure that abuts a roadway with a planned or existing pavement of at least 4 lanes. A duplicating service may also be located within an office building if there is no direct entrance from the exterior of the building.
30 Not to include manufacturing, mixing, fermentation or treatment of resultant products for marketing purposes. The assembly, packaging and servicing of resultant products is allowed provided that such activities do not occupy more than 30 percent of the gross floor area of the building(s) on the lot or parcel.
31 If lawfully existing prior to classification in the C-4 zone, such use is not regarded as a nonconforming use and may be continued or repaired without the grant of a special exception.
32 See "Recreational or entertainment establishments, commercial," section 59-G-2.45.
33 When located in a regional shopping center.
34 In the O-M, C-O, and C-P zones, a health club is permitted only within an office building. A health club is not to exceed 10 percent of the gross floor area of the building and must not exceed 10,000 square feet in size.
35 Such as bowling alleys, pool halls, or billiard parlors, and amusement centers.
36 Such as swimming pools, miniature golf courses, golf or baseball driving ranges, or roller and ice skating rinks, or amusement centers.
37 Indoor only.
38 Including storage and shipping facilities for books, etc., serving office uses, occupying less than half the floor area and not detracting from the appearance of the buildings as offices.
39 Reserved.
40* Dwellings are permitted in the C-2 zone: (1) in a hotel or motel lawfully existing in the C-2 zone on October 24, 1972, (2) on a site larger than 1.5 acres within 1,500 feet of a Metro station located in a Central Business District provided: (a) the sector plan district in which the property is located is recommended for residential development, (b) the site adjoins a public parking garage which exceeds 50 feet in height as measured from the ground surface along the side facing the development, and (c) the development complies with the Section 59-D-3 site plan review requirements, or (3) on a site within 500 feet of a Bus Transit Center, provided the development complies with the Section 59-D-3 site plan review requirements.
*Editor’s note—Footnote 40 appears above as it was adopted by Ord. No. 14-54 and amended by Ord. No. 16-23. However, in Humphrey v. Planning Board for Montgomery County, Civil Nos. 239679 and 239680, the Circuit Court for Montgomery County found that Zoning Text Amendment 02-04 (Ord. No. 14-54) was an invalid and unconstitutional text amendment, violating the uniformity requirement of the Regional District Act and prohibited under the Maryland Constitution. The text of footnote 40 prior to the adoption of Ord. No. 14-54 and Ord. No. 16-23, was:
40 In a hotel or motel lawfully existing in the C-2 zone on October 24, 1972 or within 1,500 feet of a Metro station located in a Central Business District; provided: (1) the sector plan district in which the property is located is recommended for residential development, and (2) the development complies with the Section 59-D-3 site plan review requirements.
41 A car wash with up to 2 bays may be allowed as an accessory use to an automobile filling station.
42 Permitted only within an automobile sales and service mall.
43 In accordance with adult entertainment business restrictions as provided in Section 59A-6.16.
44 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.
45 In accordance with section 59-A-6.13.
46 Refer to section 59-A-6.14.
47 In the O-M zone, manufacturing, mixing, fermentation, treatment, assembly, packaging, and servicing of resultant products for marketing purposes is allowed, only if the use is not the principal use.
48 Unbagged mulch stored outdoors on a portion of a lot adjoining or confronting residentially zoned property must: 1) not exceed 6 feet in height; 2) be screened by landscape or by a solid sight-tight fence; and 3) be set back from the property line a distance not less than the applicable front, rear, or side yard setback required in the adjacent residentially zoned property that adjoins or confronts the outdoor storage.
49 Permitted in a building designated as historic on the master plan for historic preservation.
50 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.
51 Subject to the special exception standards for a Nursing Home; and Domiciliary Care Home, section 59-G-2.37.
52 In an office structure lawfully existing in the C-O zone, provided any commercial space is limited to the first two floors.
53 A pawnshop must be located at least 1,000 feet from any other pawnshop and at least 300 feet from any residentially zoned property. Distance must be measured from the main entrance of a pawnshop to the main entrance of another pawnshop or to the nearest residential zone.
54 Must not exceed 40% of the gross floor area of a retail center. The gross floor area for a health club use must be calculated on the gross floor area of the retail center after any reconstruction or enlargement.
55 A radio and television broadcasting station without a broadcast tower is a permitted use.
56 Only in conjunction with a substantial office component and on land consisting of a minimum of 10 contiguous acres, that: (1) adjoins I-1 zoned land, and (2) fronts on a road with right-of-way of 100 feet or more. Warehousing of products produced on-site is allowed.
57 Only in an area designated "Town Center" on an approved and adopted master plan. An emergency health care facility must not exceed 30,000 square feet of gross floor area.
58 On a site approved by special exception before May 19, 2003 for use as a racquet ball, squash, indoor tennis, and handball court, whether the original approval was for a commercial recreational or entertainment establishment or for a racquetball, squash, indoor tennis and handball court. The reuse and interior remodeling of an existing building to accommodate a health club, which is on a site approved by special exception before May 19, 2003 for use as a commercial recreational or entertainment establishment or racquet ball, squash, indoor tennis, and handball court, is not subject to site plan review.
59 An analytical chemistry laboratory that establishes standards for the manufacture of pharmaceuticals is permitted in conjunction with research, development and related activities in the C-O zone.
60 Permitted if: (A)(1) any part of the site adjoins property zoned I-1, and (2) the site adjoins any property recommended for commercial, industrial, or public use; or (B)(1) any part of the site adjoins a railroad right-of-way, (2) the site adjoins any property recommended for commercial, industrial, or public use, and (3) the site is not located in a Central Business District Sector Plan area. If the site adjoins a residential use, screening at least 6 feet high must be provided.
61 Any combination retail store in existence before November 29, 2004 is a conforming use and may continue in accordance with the standards in effect before November 29, 2004. Any reconstruction or enlargement of a combination retail store in existence before November 29, 2004 must comply with the standards in effect after November 29, 2004.
62 An eating and drinking establishment is a permitted use in an office building and may have an exterior patron entrance. An eating and drinking establishment in an office building requires a special exception only when the office building in which the eating and drinking establishment is located adjoins or confronts one-family residential zoned property. See Section 59-G-2.18 "Eating and Drinking Establishments in the O-M Zone" or Section 59-G-2.48 "Retail Establishments in an office building."
63 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.
64 Only businesses located in the Agricultural Reserve as delineated in the 1980 Agricultural Preservation Master Plan that construct, stabilize, and repair farm accessory buildings, structures, and fences.
65 Must not exceed 1,000 square feet of floor area of the building and only if the use is not the principal use.
66 Provided that such uses must not occupy more than 50 percent of total gross floor area.
67 As part of a mixed-use project designed for a large retail user that complies with the standards and requirements of Section 59-C-4.379.
68 In the C-4 zone, if project is within the scope of Section 59-C-4.379, the project must satisfy the requirements of Section 59-C-4.379.
(Legislative History: Ord. No. 8-69, § 1; Ord. No. 8-75, § 1; Ord. No. 9-28, §§ 2, 1; Ord. No. 9-30, § 2; Ord. No. 9-33, § 1; Ord. No. 9-34, § 1; Ord. No. 9-42, § 1; Ord. No. 9-51, § 1; Ord. No. 9-65, § 2; Ord. No. 9-71, § 3; Ord. No. 9-76, § 2; Ord. No. 9-80, § 4; Ord. No. 9-83, § 3; Ord. No. 10-6, § 3; Ord. No. 10-20, § 3; Ord. No. 10-26, § 1; Ord. No. 10-39, § 5; Ord. No. 10-53, § 12; Ord. No. 10-70, § 2; Ord. No. 11-5, § 1; Ord. No. 11-12, § 2; 11-25, § 2; Ord. No. 11-29, § 5; Ord. No. 11-31, § 1; Ord. No. 11-32, § 2; Ord. No. 11-41, § 6; Ord. No. 11-44, § 2; Ord. No. 11-45, § 1; Ord. No. 11-74, § 1; Ord. No. 11-91, § 2; Ord. No. 12-1, § 1; Ord. No. 12-8, § 1; Ord. No. 12-9, § 1; Ord. No. 12-10, § 2; Ord. No. 12-42, § 2; Ord. No. 12-46, § 2; Ord. No. 12-51, § 4; Ord. No. 12-68, § 1; Ord. No. 12-72, § 1; Ord. No. 12-75, § 4; Ord. No. 12-80, § 1; Ord. No. 12-81, § 1; Ord. No. 13-15, § 1; Ord. No. 13-16, § 1; Ord. No. 13-19, § 1; Ord. No. 13-14, § 3; Ord. No. 13-21, § 5; Ord. No. 13-24, § 1; Ord. No. 13-27, § 3; Ord. No. 13-38, § 1; Ord. No. 13-40, § 1; Ord. No. 13-42, §1; Ord. No. 13-46, § 4; Ord. No. 13-47, § 4; Ord. No. 13-54, § 1; Ord. No. 13-58, § 2; Ord. No. 13-60, § 1; Ord. No. 13-76, §1; Ord. No. 13-77, §1; Ord. No. 13-78, §1; Ord. No. 13-105, § 2; Ord. No. 13-106, § 1; Ord. No. 14-2, § 1; Ord. No. 14-5, § 1; Ord. No. 14-14, § 1; Ord. No. 14-19, § 3; Ord. No. 14-28, § 1; Ord. No. 14-43, § 1; Ord. No. 14-47, § 1; Ord. No. 14-61, § 2; Ord. No. 15-01, § 2; Ord. No. 15-04, § 1; Ord. No. 15-05, § 1; Ord. No. 15-10, § 1; Ord. No. 15-30, § 1; Ord. No. 15-33, § 2; Ord. No. 15-44, § 1; Ord. No. 15-54, § 5; Ord. No. 15-62, § 2; Ord. No. 15-76, § 1; Ord. No. 15-81, § 1; Ord. No. 15-87, § 1; Ord. No. 16-22, § 1; Ord. No. 16-23, § 2; Ord. No. 17-13, § 1; Ord. No. 17-50, § 1.)
Editor’s note—Section 59-C-4.2 is cited in Purich v. Draper Properties, Inc., 395 Md. 694, 912 A.2d 598 (2006). Section 59-C-4.2 is interpreted in Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp.2d 385 (2003), where the Court upheld the validity of the County’s adult entertainment ordinance.
Formerly, section 59-C-4.0