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Montgomery County Overview
Montgomery County Zoning Ordinance (2004)
MONTGOMERY COUNTY ZONING ORDINANCE
Chapter 59 Zoning [Note]
Article 59-A. In General.
Article 59-B. Exemption From Controls. [Note]
Article 59-C. Zoning Districts; Regulations.
Article 59-D. Zoning Districts-Approval Procedures. Introduction.
Article 59-E. Off-Street Parking and Loading. [Note]
Article 59-F. Signs. [Note]
Article 59-G. Special Exceptions, Variances, and Nonconforming Uses.
Article 59-H. Amendment Procedures.*
APPENDIX A RULES OF PROCEDURE FOR APPLICATIONS FOR LOCAL MAP AMENDMENTS and PETITIONS FOR SPECIAL EXCEPTION.
APPENDIX B. ZONING AMENDMENT PROCEDURE.
Comparative Table - Ordinances

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   59-C-5.22. Prohibited uses.
   The following heavy industrial uses, and others of a similar nature, are expressly prohibited.
      Arsenals.
      Blast furnaces.
      Boiler works.
      Distillation of bones.
      Dumps.
      Fat rendering.
      Forge plants.
      Grease, lard or tallow manufacturing or processing.
      Incinerators or reduction of dead animals, garbage or offal, except when operated or licensed by a duly authorized public agency.
      Manufacture of any of the following:
         Acetylene.
         Ammonia, bleaching powder, chlorine.
         Asphalt.
         Celluloid or pyroxylin (or treatment thereof).
         Disinfectants
         Emery cloth and/or sandpaper.
         Explosives, fireworks or gunpowder.
         Fertilizers.
         Gas for illumination or heating.
         Glue, size or gelatin.
         Insecticides.
         Lampblack.
         Leather goods.
         Linoleum.
         Matches.
         Mortar, lime, plaster, cement, gypsum.
         Oil cloth and/or oiled products.
         Paint, oil, shellac, turpentine or varnish employing a boiling or rendering process.
         Potash.
         Rubber or products made therefrom.
         Soap.
         Shoeblacking or polish.
         Soda or soda compound.
         Acids or other corrosive or offensive substances.
         Tar or tar roofing or water proofing or other tar products or distillation thereof.
         Yeast, except as part of medical and biotechnical research and development.
      Ore reduction.
      Packing houses, including meat canning or curing houses.
      Petroleum refining, or storage in more than tank car lots.
      Rolling mills.
      Smelting.
      Tanning, curing or dyeing of leather, rawhides or skins, or storage of skins.
      Wool pulling or scouring.
   59-C-5.23. Retail sales and personal services.
In the I-1, I-2, I-3, I-4, and R&D zones, retail sales and personal services operating primarily for the convenience of employees are permitted uses subject to the following limitations:
   (a)   Such use must not be located in an industrially zoned area containing less than 10 contiguous acres of land classified in industrial zones.
   (b)   Such use must not occupy more than 5 percent of the total floor area of the buildings on a lot or group of contiguous lots in common ownership and control at the time of subdivision approval.
   (c)   Such use must not front on or abut any street with a right-of-way of 70 feet or more, unless the street is internal to the industrially zoned area. Such use, however, must not front on or abut any street with an existing or master planned right-of-way of 100 feet or more. All access to such use must be from interior streets within the industrially zoned area.
   (d)   The display of a sign must satisfy Article 59-F.
   (e)   In the I-3 and R&D zones, such use may be located within any building as an incidental use under the following requirements:
      (1)   Such incidental use must not be located above the first floor;
      (2)   Such incidental use must satisfy subsections (a), (b), and (d) above.
The provisions of this section shall not apply to any land or building lawfully existing, under construction, or for which a building permit has been issued before August 19, 1987.
(Legislative History: Ord. No. 8-53, §§ 14, 15; Ord. No. 8-54, §§ 6-8; Ord. No. 8-60, § 1; Ord. No. 8-69, § 2; Ord. No. 8-79, § 1; Ord. No. 9-83, § 4; Ord. No. 10-2, § 1; Ord. No. 10-6, § 3; Ord. No. 10-7, §2; Ord. No. 10-17, § 2; Ord. No. 10-39, § 6; Ord. No. 10-53, § 14; Ord. No. 10-55, § 1; Ord. No. 11-8, § 1; Ord. No. 11-11, §§ 1, 2; Ord. No. 11-31, § 3; Ord. No. 11-41, § 7; Ord. No. 11-49, §§ 2, 3; Ord. No. 11-50, §§ 4-6; Ord. No. 11-51, §§ 2, 3; Ord. No. 11-52, § 2; Ord. No. 11-68, § 1; Ord. No. 11-81, § 1; Ord. No. 11-91, § 3; Ord. No. 12-5, § 1; Ord. No. 12-8, § 2; Ord. No. 12-10, § 3, Ord. No. 12-22, § 3; Ord. No. 12-27, § 1; Ord. No. 12-46, § 3; Ord. No. 12-51, § 5; Ord. No. 12-68, § 2; Ord. No. 12-72, § 1; Ord. No. 12-75, § 5; Ord. No. 13-5, § 1; Ord. No. 13-14, §§ 3, 4; Ord. No. 13-18, § 2; Ord. No. 13-21,  § 6; Ord. No. 13-27, § 4; Ord. No. 13-33, § 1; Ord. No. 13-38, § 2; Ord. No. 13-41, § 1; Ord. No. 13-58, § 3; Ord. No. 13-68, §2; Ord. No. 13-76, §1; Ord. No. 13-80, §2; Ord. No. 13-82, §1; Ord. No. 13-89, § 1; Ord. No. 14-5, § 2; Ord. No. 14-19, § 4; 14-47, § 1; Ord. No. 15-01, § 3; Ord. No. 15-10, § 2; Ord. No. 15-40, § 1; Ord. No. 15-54, § 6; Ord. No. 15-57, § 1; Ord. No. 15-58, § 1; Ord. 16-21, § 1; Ord. No. 16-30, § 1; Ord. No. 16-49, § 2.)
   Editor's note—Section 59-C-5.21 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.  Section 59-C-5.2 is quoted in Mossburg v. Montgomery County, 107 Md.App. 1, 666 A.2d 1253 (1995).  Section 59-C-5.2 [formerly §§ 111-9 and 111-10] is cited and interpreted in St. Luke's House, Inc. v. Digiulian, 274 Md. 317, 336 A.2d 781 (1975); and is cited in Cohen v. Willett, 269 Md. 194, 304 A.2d 824 (1973).  Section 59-C-5.2 [formerly § 59-42] is cited in Logan v. Town of Somerset, 271 Md. 42, 314 A.2d 436 (1974).  Section 59-C-5.2 [formerly § 111-24] is quoted in part in Brown v. Wimpress, 250 Md. 200, 242 A.2d 157 (1968).  Sections 59-C-5.2 to 5.4 [formerly § 111-24] are quoted in Bigenhol v. Montgomery County Council, 248 Md. 386, 237 A.2d 53 (1968). Section 59-C-5.21 is cited in Mossburg v. Montgomery County, 329 Md. 494, 620 A.2d 886 (1993), wherein the supermajority requirement imposed for special exception by § 59-A-4.123 is held invalid as not authorized by the Regional District Act.
Sec. 59-C-5.3. Development standards.
I-1
I-2
I-3
I-4
R&D
LSC
I-1
I-2
I-3
I-4
R&D
LSC
59-C-5.31 Building height.
No building shall exceed the following height limits:
(a) Normally:
—In stories
3
5
3
—In feet
42
70
100
42
50
200
(b) In the I-1 zone, this height may be increased under Section 59-C-5.41.
59-C-5.32. Coverage limitations. (Percent of gross tract area)
—Minimum green area
10
10
35
203
30
—Minimum public use space in the LSC zone; however, such space may be provided in part or entirely off-site on a separate lot or parcel in the same zone.  A payment instead of all or some of the required public use space may be made at the time of site plan review, if approved under the applicable provisions of Section 59-D-2.31.
20
—Off-street parking is not allowed to occupy more than
451
59-C-5.321. Maximum density of development.2  The maximum density of development must not exceed the following floor area ratio, which is to be based on and may be averaged over the gross tract area.
0.30
In the I-3 and LSC zones, the maximum density of development must not exceed the following floor area ratio, based on gross tract area, which may be averaged over 2 or more lots created by the same subdivision plan if the density is recorded by covenant in the land records for all affected lots. When averaging is used for previously approved subdivision plans the total development density must not exceed the density for which Facility approval was previously granted, unless a new Adequate Public Facility test is applied. In such situations, the shift of density must be recorded in the land records for all affected lots.
In the LSC Zone, if an applicant for a preliminary plan or site plan;
  1) owns more that one tract of land; or
  2) owns a tract of land, controls the total gross floor area on another tract of land not owned by the applicant, and the density transfer is consistent with the applicable master or sector plan’s recommendations,
the floor area ratio in one portion of the gross tract area may exceed the maximum floor area ratio of the zone only if the floor area ratio for the total tract area does not exceed the maximum floor area ratio.
The maximum floor area for each lot and parcel comprising the subject tracts must be shown in documents, including an easement and appropriate releases, in a recordable form approved by the Planning Board.  The Planning Board must determine compliance with the densities shown in the documents when a site plan application is before it.  The documents must be recorded in the land records before a building permit is approved.
In the LSC zone, any density above a floor area ratio of 0.50 must be supported through the purchase of a BLT easement under Section 59-C-5.473.
0.50
2.04
In the I-3 zone, the maximum density may be increased up to a maximum floor area ratio of 0.60, provided that the applicant for development obtains approval of a traffic mitigation agreement at the time of site plan review that will result in traffic generation equal to or less than a project with a floor area ratio of 0.50.
59-C-5.322. Requirement for landscape plan.  In the R&D zone, the preliminary plan of subdivision must include a landscape plan and a plan for the preservation of natural features.
 
1   In unusual circumstances, may be waived by the Planning Board at the time of site plan approval upon a finding that a more compatible arrangement of uses would result.
2   An entire floor or story or a portion of a floor or story used exclusively for mechanical equipment is excluded from the maximum density of development calculation, and no portion of any floor or story excluded from the maximum density calculation that exceeds the Floor Area Ratio of the zone may be used for any other purpose.  The aggregate area of any partial floors or stories excluded from the maximum density of development calculation must not exceed the gross floor area of any full floor of the building.
3   May be reduced in a Transit Station Development Area under 59-C-5.44(f).
4   Non-residential uses.  In order to maintain an appropriate emphasis on the purpose of the LSC Zone, the following minimum and maximum percentages of the total non-residential gross floor area proposed in a concept plan, preliminary plan, or site plan are required for tracts under common ownership larger than 5 acres:
   Life sciences - 40 percent minimum of the gross floor area proposed; the proposed gross floor area used for the purpose of calculating the minimum percentage of life science uses excludes: (1) hospitals and the hospital’s accessory uses; and (2) educational facilities.
   All retail uses - 10 percent maximum of the gross floor area proposed; however, if the Planning Board finds that unique circumstances are present and the area would be enhanced by additional retail activity, then a maximum of 15 percent of the gross floor area proposed may be used for retail purposes.
   Residential uses - The maximum residential density, excluding dormitories, must not exceed 30 percent of the permitted FAR.
   59-C-5.33. Setbacks in the I-1 and I-2 zones.
All buildings shall be set back from lot lines at least as follows:
   (a)   From any street right-of-way:
      (1)   Ten feet if the right-of-way line is established on a master plan.
      (2)   Sixty feet from the center line of the street if there is no master plan showing the right-of-way line.
   (b)   From any other lot line:
      (1)   If the lot adjoins a residential zone which is not:
         -   Recommended on a master plan for commercial or industrial zoning, or
         -   Used as a public parking lot
         then the setback shall be not less than that required in the adjoining zone.
      (2)   In all other cases, no setback is required.
      (3)   If a yard is provided, it shall not be less than 10 feet in width.
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