59-C-5.21. Allowable uses.

No use is allowed except as indicated in the following table:

   -Permitted Uses. Uses designated by the letter “P” and uses of a similar character 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.

	I-1	I-2	I-3	I-4	R&D	LSC
(a) Residential.
Accessory residential unit.38				P
Dormitories						P
Dwellings.	SE		SE	SE		P
Dwellings, for caretakers or watchkeepers and their families or for bona fide agricultural operations.	P	P	P	P	P	P
Hotel or motel.1	SE		SE			P
(b) Manufacturing and industrial.
I. Uses of a light industrial nature.
Bakery.	P	P		P
Blacksmith shops, welding shops, ornamental iron works, and machinery shops, excluding drop hammers and punch presses over 20 tons rated capacity.	P	P	P	P	P
Bottling plants.	P	P		P
Confectionery production.	P	P		P
Contractors, storage yards.	P	P
Dry cleaning and laundry plant.	P	P		P
Electroplating and manufacturing of small parts such as coils, condensers, transformers, and crystal holders.	P	P	P	P	P
Food production, packaging, packing and canning of.	P	P		P
Fuel storage yards.	P	P
Ice manufacturing and storage.	P	P		P
Life sciences					P	P
Manufacturing of light sheet metal products.	P	P	P	P	P
Manufacturing, compounding, assembling or treatment of articles from the following previously prepared materials:  bone, cellophane, plastic, canvas, cloth, cork, feathers, felt, fiber, fur, hair, horn, leather, textiles, yarns, glass, precious or semi-precious metals or stones, and tobacco.	P	P		P
Manufacturing, compounding, processing or packaging of cosmetics, drugs, perfumes, pharmaceuticals, toiletries and products resulting from biotechnical and biogenetic research and development.	P		P	P	P	P
Manufacturing, fabrication and/or subassembly of aircraft or satellite parts, components, and equipment.	P		P	P	P
Manufacturing of musical instruments, toys, novelties, and rubber and metal stamps.	P		P	P
Manufacturing of paint not employing a boiling or rendering process.	P	P		P
Manufacturing of pottery and figurines or other products using previously pulverized clay and kilns fired only by electricity or gas.	P	P		P
Manufacturing and assembly of electronic components, instruments and devices.	P		P	P	P
Manufacturing and assembly of machine parts, components and equipment.	P	P		P
Manufacturing and assembly of medical, scientific, or technical instruments, devices, and equipment.	P		P	P	P	P
Manufacturing and assembly of mobile, modular, and manufactured homes.	P	P		P
Manufacturing and assembly of semi-conductors microchips, circuits, and circuit boards.	P		P	P	P
Manufacturing of yeasts, molds, and other natural products necessary for medical and biotechnical research and development.	P		P	P	P	P
Paper products manufacturing.	P	P		P
Printing and publishing.	P		P	P	P
Research, development, and related activities.	P		P	P	P	P
Sawmills.	P	P
Sign making shop.	P	P		P
Stoneworks.	P	P
Tinsmith and roofing services.	P	P		P
Wood products manufacturing.	P	P		P
II Uses of a heavy industrial nature.
Alcoholic beverage manufacturing.	SE	P
Automobile recycling facility.		P
Distillation of coal, tar, or wood.		P
Central mixing plants for asphalt, concrete, or other paving materials.		P
Chemicals, except sulfuric, nitric, hydrochloric acid or other corrosive or offensive chemicals.		P
Dye works.		P
Fertilizer mixing plants.		SE
Foundries or metal fabrication plants.		P
Incinerators.6		SE27
Manufacturing of brick, clay, terra cotta, and tile.		P
Manufacturing of cinder blocks.		P
Manufacturing of printing inks.		P
Manufacturing of synthetic fabrics such as rayon.		P
Manufacturing of cloth made from shoddy or other similar material.		P
Off-loading and transfer sites for storage of sand, gravel, or rocks.	P7	P		P7
Recycling facility.	P30	P		P30
Rock crusher, washing and screening plants.		P
Sanitary landfills.6		SE27
Starch, glucose, and dextrin.		P
Steam power plants.		P
Stove polish.		P
Sugar refineries.		P
(c) Transportation, communication, and utilities.
Amateur radio facility.	P35/ SE	P35/ SE	P35/ SE	P35/ SE	P35/ SE	P35/ SE
Cable communications system.5	SE	SE	SE	SE	SE	P
Electric power transmission and distribution lines, overhead, carrying more than 69,000 volts.	P	P	SE	SE	SE	P
Electric power transmission and distribution lines, overhead, carrying 69,000 volts or less.	P	P	P	P
Electric power transmission and distribution lines, underground.	P	P	P	P	P	P
Heliports.	SE	SE	SE	SE	SE	SE
Helistops.	SE	SE	SE	SE	SE	P29/ SE
Parking of motor vehicle, off-street, in connection with any use permitted.	P2	p3	P	P	P	P
Parking of motor vehicle, off-street, in connection with any use permitted in a commercial zone.	SE
Pipelines, aboveground.	P	P	SE	SE	SE	P
Pipelines, underground.	P	P	P	P	P	P
Public utility buildings and structures.	SE	SE	SE	SE	SE	P
Radio and television broadcasting stations and towers.	P33/ SE	P	P33/ SE	P33/ SE	P33/ SE	P33
Railroad tracks.	P	P	P	P	P	P
Railroad yards or roundhouses.		P
Rooftop mounted antennas and related unmanned equipment building, equipment cabinets, or equipment room.26	P	P	P	P	P	P
Solid waste transfer station, private.6		SE27
Taxicab stands, not including storage while not in use.						P
Telecommunications facility.4	P	P	P	P	P	P
Telephone and telegraph lines.	P	P	P	P	P	P
Telephone offices, communication and telecommunication centers.	P		P	P	P	P
Trucking terminals.	P			P
(d) Commercial.
Adult entertainment business.22	P	P
Aircraft parts, sales and services, including the sale of fuel for aircraft only.	P			P
Animal research service facilities.						P
Antique shops, handicrafts or art sales.						P
Appliance stores.						P
Automobile parts, sales and services, including but not limited to tire sales and transmission services, but excluding automobile filling stations.	P			P
Automobile repair and services.	P			P
Automobile sales, indoors and outdoors.	P8			P8
Book stores.						P
Building material and supply, wholesale and retail.20	P	P		P	P37
Cafeteria, dining room, snack bar, or other such facilities as an accessory use in connection with the operation and primarily for employees of the zone in which the use is located.9	P	P	P	P	P	P
Consignment store.		P31
Drug store.						P
Eating and drinking establishments.9,10	SE		SE	SE	SE	P
Florist.						P
Food and beverage store.						P
Garden supply shops.						P
Gift shops.						P
Grocery stores.						P
Hardware stores.						P
Jewelry stores.						P
Lumberyards.	P	P		P
Newsstand.						P
Office supply store.						P
Pet shops.						P
Photographic and art supply stores.						P
Retail sales and personal services, dealing primarily with employees in the zone, in accordance with section 59-C-5.23.	P		P	P	P
Transitory use.25	P/SE	P/SE	P/SE	P/SE	P/SE
Variety and dry goods stores.						P
Wholesale trades limited to sale or rental of products intended for industrial or commercial users.	P		P36	P
(e) Services.
Ambulance or rescue squads, publicly supported.	P		P	P	P	P
Animal boarding places.11	P			P
Automobile filling stations.21	SE	SE14		SE		SE
Automobile repair and services.	P			P		SE
Automobile, truck, and trailer rentals, outdoor.	P			P
Banks and financial institutions.						P
Barber or beauty shop.						P
Chancery.	SE		P24
Child day care facility.28
—Family day care home.	P		P	P	P	P
—Group day care home.	P		P	P	P	P
—Child day care center.	P		P	P	P	P
Clinics, medical or dental.	P		P	P	P	P
Computer programming and software sales and services, including data banks and data retrieval.	P		P	P	P	P
Conference centers:
—With lodging facilities.			SE		SE	P
—Without lodging facilities.			P		P	P
Corporate, administrative or business offices for companies principally engaged in health services, research and development, or high technology industrial activities.					P	P
Day care facility for senior adults and persons with disabilities.	P		P	P	P	P
Domiciliary care home for more than 16 residents.						P
Dry cleaning and laundry establishments consisting of no more than 3,000 square feet of gross floor area.						P
Dry cleaning and laundry pick-up station.						P
Duplicating service.	P		P	P	P	P
Educational institution, private.	P34					P
Fire station, publicly supported.	P		P	P	P	P
General offices.	P	P12	P	SE	P13	P13
Highway fuel and food service.	SE					SE
Home occupation, major.						SE
Home occupation, registered and no impact.						P
Hospitals.	SE		SE	SE	SE	P
Hospitals, veterinary, when in a soundproof building.	P			P		P
International organization, public.	SE		P24		P24	P
Laboratories.	P		P	P	P	P
Landscape contractor.	P
Laundromat, self-service.						P
Meeting centers.	SE
Nursing and care homes.						P
Place of religious worship.	P		P	P	P	P
Physical and occupational therapy facilities.						P
Publicly owned or publicly operated uses.	P	P	P	P	P	P
Shoe repair shop.						P
Storage, outdoor.15	P	P		P
Trade, artistic, or technical schools.	P		P19	P	P19	P
Universities and colleges providing teaching and research facilities.	P32		P		P	P
Warehousing and storage services:
—Industrial and commercial users.	P	P	P16	P
—Self-storage facilities.	P			P
(f) Cultural, entertainment, and recreational.
Art or cultural centers.			SE		SE	P
Health clubs.	P		P	P	P	P
Libraries, scientific or technical.	P		P	P	P	P
Parks and playgrounds, publicly owned.						P
Parks and playgrounds, privately owned.						P
Private clubs.17	SE		SE	SE	SE	P
Recreational facilities primarily for the use of employees.17	P	P	P	P	P	P
Recreational or entertainment establishments, commercial.	SE	SE		SE		SE
Rifle or pistol ranges, indoor.	SE	SE		SE
Service organizations.	SE			SE		P
Swimming pools, private.			P18
(g) Resource production and extraction.
Agricultural uses.	P	P		P
Dairy products processing.	P			P
Rock or stone quarries.		P
Sand, gravel, or clay pits.		P
Stockyards.	SE	SE
(h) Miscellaneous uses.
Accessory buildings and uses.	P	P	P	P	P	P
Signs, in accordance with the provisions of article 59-F.	P	P	P	P	P	P

 

1   In the I-1 and I-3 zones, on a lot that is a part of or adjacent to an area of at least 50 acres zoned industrial or shown for industrial use on an approved and adopted master plan.

2   All parking must be on I-1 zoned land.

3   All parking must be on I-2 zoned land.

4   A telecommunication facility is a permitted use up to 199 feet in height with a setback of one foot for every foot of height from all residential and agricultural zoned properties.

5   Except as provided in sections 59-A-6.9 and 59-G-2.10.1.

6   Must be included in the Comprehensive Solid Waste Management Plan for Montgomery County.

7   In the I-1 and I-4 zones, activities involving the off-loading, transfer or storage of sand, gravel or rocks must be set back at least 750 feet from the nearest residential property.

8   Subject to requirements of section 59-C-4.367. In addition, automobile sale uses are subject to the requirements for site plan review as contained in division 59-D-3.

9   Excluding drive-ins.

10   When located in the I-1, I-2, I-3, I-4, and R&D zones, the use must be located in an area containing more than 10 acres of land. Such facilities may be freestanding, and may be located on an internal business district street, but shall not adjoin any street or highway that provides access to the industrial area.

11   When in a building that is insulated sufficiently to prevent interior noise from reaching any neighboring use.

12   For business related to the principal use.

13   In the R&D zone, no more than 50 percent of the gross floor area may be for general office use.  In the LSC zone, no more than 40 percent of the gross floor area may be for general office use.

14   If in existence on June 26, 1989. Such use is not a nonconforming use and may be modified in accordance with paragraph (c) Section 59-G.1.3.

15   Such uses must not include the storage of materials and goods associated with uses prohibited in the zone.  Where such uses abut residentially-zoned properties, they must be screened by a solid or sight-tight fence not less than 6  feet in height.  Stored materials cannot exceed the height of the fence within a setback area equal to the required setback in the adjoining residential zone, and in no case can stored materials exceed 15 feet in height.  This requirement is not applicable to quarries licensed under to Chapter 38 of the Montgomery County Code.

16   Not including storage of materials and goods prohibited in this zone.  Temporary outdoor storage must comply with the requirements of subsection 59-C-5.434, “Enclosed Buildings and Temporary Outdoor Storage.”

17   When located in the I-1, I-2, I-3, I-4 and R&D zones, the use must not adjoin any street that provides the principal access to the principal use or uses served.

18   For use in connection with the operation of an establishment and primarily for employees.

19   Related to uses allowed in the zone.

20   A building materials and supplies use operating in the I-3 zone as of June 6, 1989, is not a non-conforming use and may be expanded in accordance with the standards of the I-3 zone.

21   A car wash with up to 2 bays may be allowed as an accessory use to an automobile filling station.

22   In accordance with adult entertainment business restrictions as provided in Section 59-A-6.16.

23   Reserved.

24   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.

25   In accordance with Section 59-A-6.13.

26   Refer to Sec. 59-A-6.14.

27   Subject to the special exception standards of Sec. 59-G-2.54.2.

28   Preschool and kindergarten educational programs, subject to accreditation by the State, are permitted as an accessory use.

29   If located on the site of a hospital.

30   Recycling construction or demolition debris is prohibited.

31   If in existence in this zone on February 9, 1998.

32   In a building existing in the I-1 zone as of May 25, 1998.  Research facilities are not required.

33   A radio and television broadcasting station without a broadcast tower is a permitted use.  In the LSC zone, a radio and television broadcast tower is a permitted use, up to a height of 199 feet and a setback of one foot for every foot of height from all residential and agricultural zoned properties.

34   In a building existing before January 3, 2005.

35   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.

36   Only if a building permit was issued before the property was reclassified to the I-3 zone.  Any wholesale trade use or structure existing before the property was reclassified to the I-3 zone is conforming and may be modified, reconstructed, or enlarged in accordance with the standards of the zone in effect for the property before the property was reclassified to the I-3 zone, except that the building height and setbacks must conform to the recommendations of the applicable master plan or sector plan.  Any modification, reconstruction, or enlargement of a wholesale use or structure in accordance with the standards of the zone in effect for the property before the property was reclassified to the I-3 zone requires a site plan under Section 59-D-3.

37   Only if a building permit was issued before the property was classified to the R&D zone.  Any building material and supply use for which a building permit was issued before the property was classified to the R&D zone is a conforming use and may be modified, reconstructed, or enlarged in accordance with the standards of the zone in effect for the property before the property was reclassified to the R&D zone.

38   Only in a Transit Station Development Area.