59-C-6.22. Land uses.

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MONTGOMERY COUNTY ZONING ORDINANCE

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59-C-6.22. Land uses.

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

-Permitted Uses. The letter "P" in the appropriate column indicates the zones in which each use is permitted, subject to all applicable regulations under the standard or the optional method of development, indicated by the letters "S" and "O," respectively.

-Special Exception Uses. The letters "SE" in the appropriate column indicate the zones in which each use may be authorized as a special exception, in accordance with Article 59-G, under the standard or the optional method of development respectively. Special exception uses in a development under the optional method are subject to approval by both the Planning Board and the Board of Appeals.

CBD-0.5

CBD-R1

CBD-1

CBD-2

CBD-3

CBD-R2

(a) Residential.

Apartment hotels.1

Dwellings.

Embassy.17

Group home, small.

Group home, large.

Hotel or motel.14

P22

Housing and related facilities for senior adults and persons with disabilities.4

Life care facility.5

Personal living quarters.21

P/SE

(b) Manufacturing and industrial.

Printing and publishing shops, excluding establishments using heave duty equipment such as newspaper printing.

Amateur radio facility.

P27/ SE

Bus terminals.

Cable communications system.

SE3

Helistops.

Parking garages, automobile.

Parking lots, automobile, commercial.2

Pipelines, underground .

Public utility buildings and structures.

Radio and television broadcasting studio.

Radio and television stations and towers.

Railroad tracks.

Rooftop mounted antennas and related unmanned equipment building, equipment cabinets, or equipment room.19

Taxicab stands.

Telephone office or communications center

(d) Commercial.

Antique shops.

Appliance stores.

Automobile sales, indoors and outdoors.

Boat sales, indoors.

Book stores.

Building materials and supply store.11

Department stores.

Drug stores.

Eating and drinking establishments.

Eating and drinking establishments including drive-in.7

P/SE20

Florists.

Food and beverage stores.

Furniture stores.

Gift shops.

Grocery store.

Hardware stores.

Millinery shops.

Newsstands.

Office supply stores.

Pet shops.

Photographic and art supply stores.

Specialty shops.

Transitory use.18

P/SE

Variety and dry goods stores.

Wearing apparel stores.

(e) Services.

Adult foster care home.

Ambulance or rescue squads, privately supported, nonprofit.

Ambulance or rescue squads, publicly supported.

Animal boarding place.

Appliance repair shops.

Automobile filling stations.13

Automobile repair and services.

Barber and beauty shops.

Boat repair and services.

Car wash.

Chancery.17

Child day care facility in a residential building:10

—Family day care home.

—Group day care home.

—Child day care center.

Child day care facility in a commercial or mixed use building:10

—Family day care home.

—Group day care home.

—Child day care center.

Clinics.

Day care facility for not more than 4 senior adults and persons with disabilities.10

Domiciliary care home for more than 16 residents.

Dry cleaning and laundry establishments, consisting of no more than 3,000 square feet of gross floor area.25

P15

Dry cleaning and laundry pick-up stations.

Duplicating services.

Educational institutions, private.

Fire stations, publicly supported.

Funeral parlors or undertaking establishments.

Furniture or upholstery repair shops.

Health clubs.

Home occupation, no impact

P24

Hospice care facilities.

Hospitals.

Hospitals, veterinary.

International Organization, public.17

Laboratories.

Laundromats, self-service.

Nursing home

Offices, banking or financial.

Offices, business.

Offices, professional.

Opportunity housing projects.

Pawnshop23

Photographic studios.

Place of religious worship.

Publicly owned or publicly operated uses.

Respite care home.

Self storage.

P28

P26

Shoe repair shops.

Tailoring or dressmaking shops.

(f) Cultural, entertainment and recreational.

Auditoriums or convention halls.

P22

Billiard parlors.

Bowling alleys.

Libraries and museums.

Park and playgrounds.

Private clubs and service organizations.

Recreational or entertainment establishments, commercial.

Swimming pools.

Swimming pools, private.12

Theatres, indoor.

Theatres, legitimate

P22

(g) Miscellaneous uses.

Accessory buildings and uses.

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; and 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 Permitted use in CBD-1, CBD-2, CBD-3, CBD-R1, and CBD-R2 zones that lie within the county parking district.

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

4 Subject to the provisions of Section G-2.35 concerning occupancy and ancillary facilities and services.

5 Subject to the provisions of Section G-2.35.1 concerning occupancy facilities and services.

6 Such uses are prohibited from street level leasable space.

7 No drive-thru lanes permitted. The setback from a road right-of-way is the minimum for the zone.

8 Within a residential building.

9 Primarily intended for local service; however, work may be done on the premises for one other similar establishment or pick-up station.

10 Under the optional method of development, a child day care center or a day care center for senior adults and persons with disabilities may qualify as a public facility and amenity as described in section 59-C-6.215(b), but not for public use space as required in section 59-C-6.233.

11 If in existence since September 4, 1973. Such use is not nonconforming and may be continued, repaired, reconstructed, structurally altered, or enlarged in conformance with the provisions of the CBD-1 Zone.

12 As an accessory use.

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

14 Any nonconforming hotel or motel structure on land reclassified to any CBD zone may be converted in whole or in part to multi-family residential use provided that 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. Such nonconforming structures may continue to exist in accordance with the provisions of the C-2 zone in effect prior to October 24, 1972.

15 Work may be done on the premises for other establishments or pick-up stations on sites of 6000 square feet or less which were rezoned from the C-2 zone to the CBD-0.5 zone by sectional map amendment, provided that:

(1) There is an existing building on the site which predates the sectional map amendment;

(2) The dry cleaning establishment is no larger than 3,000 sq. ft. in size and contains a retail counter; and

(3) No more than five (5) trucks are operated in connection with the establishment.

16 Reserved.

17 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.

18 In accordance with Section 59-A-6.13.

19 Refer to Sec. 59-A-6.14.

20 A drive-in that adjoins or confronts land classified in a one-family residential zone must obtain a special exception under the provisions of Section 59-G-2.16.

21 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.

22 Subject to site plan review under Division D-3.

23 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.

24 Townhouses only. Parking in connection with a no impact home occupation in the CBD-R2 zone must not use parking that serves townhouse units.

25 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.

26 Only if in an arts and entertainment district designated under State law, and the use was established before March 15, 2004.

27 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.

28 Allowed only:

(a) in a basement or cellar of a building used for other purposes;

(b) with the provision of on-site loading and unloading facilities;

(d) if signage is limited to a wall sign under §59-F-4.2(b)(2) and the maximum area of the sign is 40 square feet.

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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