59-C-6.23. Development standards.

The development standards applicable to the standard and optional methods of development, indicated by the letters “S” and “O” in each zone, are specified in this section.8

	CBD-0.5		CBD-R1 2		CBD-1		CBD-2		CBD-3		CBD-R2
	S	O	S	O	S	O	S	O	S	O	S	O
59-C-6.231. Minimum Area of Lot (in thousands of square feet):		1821		1821		1821		1821		1821		1821
59-C-6.232.  Maximum Building Coverage (percent of net lot area):	5014		75		75		75		75		75
59-C-6.233. Minimum Public Use Space (percent of net lot area):	10	20	10	2016	10	2020,22,24	10	2022,24	10	2022,24	10	20
(a) Standard Method — The public use space requirement may be reduced to accommodate the construction of MPDUs, including any resulting bonus density units, and workforce housing units,  provided on-site to:	5		5		5		5		5		5
(b) Optional Method — The public use space requirement may be provided in part or entirely off-site in the same CBD if approved under Division 59-D-2.
A payment instead of all or some of the required public use space may be made if approved under Division 59- D-2.
59-C-6.234. Maximum Density of Development.
(a) Standard method of development (see section 59-C-6.21(a)
(i) For projects that are 100 percent residential (dwelling units per acre)(FAR):	35		43		43		80		120		80
(ii) For non-residential or mixed-use projects: Maximum permitted non- residential, including transient lodging (FAR) limited to:	0.510, 14		1.0		1.010		2.010		3.010		1.018
Total FAR15	1.09		1.0		2.09		3.09		4.09		1.0
(b) Optional method of development (see section 59-C-6.215(b)):
The density allowed must not exceed either the following densities or the density recommended by the applicable master plan or sector plan.
(i) For projects that are 100 percent residential  (dwelling units per acre):		100		125		125		200		200		200
(ii)(A) Non-residential, including transient lodging; however, the maximum excludes a site that satisfies subsection (ii)(B) (FAR):		1.0				2.019,23,25		4.023,25		6.023,25
(ii)(B) Maximum permitted non-residential on a site that: (1) includes transient lodging, (2) confronts a major highway, (3) is located at least 250 feet from single-family zoned land, (4) is in an urban district defined in Chapter 68A, (5) has a minimum lot area of 22,000 square feet, and (6) includes a ground floor retail use (FAR)						3.0		5.0		8.0
(iii) Mixed-use (non-residential and residential uses)
(A) Maximum permitted non- residential, including transient lodging; however, the maximum excludes a site that satisfies subsection (iii)(B) (FAR) limited to:		1.04		0.67, 17		2.04,23,25		3.05,23,25		5.06,23,25		1.03,18
(B) Maximum permitted non- residential on a site that: (1) includes transient lodging, (2) confronts a major highway, (3) is located at least 250 feet from single-family zoned land, (4) is in an urban district defined in Chapter 68A, (5) has a minimum lot area of 22,000 square feet, and (6) includes a ground floor retail use (FAR)						3.0		5.0		8.0
—Total FAR13, 15		1.5		3.0		3.023,25		5.023,25		8.023,25		5.03
59-C-6.235. Maximum Building Heights (in feet).
(a) Standard method of development.
—Normally:	45		60		60		60		72		60
—If adjoining or directly across a street from land which is recom- mended for or developed in a residential zone with a maximum density of less than 15 dwelling units per acre:	35		35		35
plus an additional 8 feet for air conditioners or similar rooftop structures and mechanical appurtenances pursuant to Division 59-B-1(b).
(b) Optional method of development.
—Normally:		60		60		60		143		143		143
—If approved by the Planning Board in the process of site plan or combined urban renewal project plan approval as not adversely affecting surroundi ng properties, height may be increased to:		6012, 26		143		901		20011		200		200

 

1   For projects using the optional method of development, the Planning Board may approve height over 90 feet, but not more than 143 feet, if the additional height is necessary for the project to accommodate workforce housing under Section 59-A-6.18; however, the additional height must not be more than required for the number of workforce housing units that are constructed.  For projects using the optional method of development involving more than one lot under Section 59-C-6.2351, the Planning Board may approve height over 90 feet, but not more than 143 feet, if the additional height is specifically recommended for the property in the applicable sector plan or urban renewal plan.  In order to approve additional height for property where the additional height is specifically recommended for the property in a sector plan or urban renewal plan, the Planning Board must find that: (i) the additional height is consistent with the criteria and guidelines for the property as contained in the applicable sector plan or urban renewal plan; (ii) except as recommended in an urban renewal plan, the portion of the property upon which the additional height is to be used is on all sides abutted by or adjacent to property recommended in the applicable sector plan or urban renewal plan for classification in the CBD-0.5, CBD-1, CBD-2, or CBD-3 zones; (iii) the proposed development is compatible with the surrounding development, considering but not limited to the relationship of the building or buildings to the surrounding uses, the need to preserve light and air for the residents of the development and residents of surrounding properties, and any other factors relevant to the height of the building; and (iv) the proposed development will produce a substantial amount of consolidated public open space in excess of that which would be required if this process were not used. The public open space must be designated as public amenity space and be accessible to and usable by the public in accordance with the applicable sector or master plan, or urban renewal plan.

2   Nonresidential structures in existence at the time the property is placed in the zone, that exceed the normal limit imposed for such uses will not be regarded as nonconforming and may be repaired, remodeled, or replaced so long as there is no increase in the amount of floor area.

3   In order to provide services to residents and continuity of retail street frontage activity, at least 5 percent of the gross floor area must consist of retail or personal service commercial uses. The Planning Board may waive a portion of this requirement during the course of project plan approval upon a finding that full compliance with this requirement is not practical, feasible, or would result in such uses being required on other than the ground or first floor. A hotel or motel up to FAR 1 is permitted. A hotel or motel with up to 3 FAR may be allowed where recommended as appropriate in the relevant sector plan.

4   Not to exceed 67 percent of the gross floor area.

5   Not to exceed 60 percent of the gross floor area.

6   Not to exceed 62.5 percent of the gross floor area.

7   Not to exceed 20 percent of the gross floor area.

8   All provisions of Section 59-C-18.10, entitled the Wheaton Retail Preservation Overlay Zone, shall continue in effect and remain unaltered, except that additional FAR for residential density may be included in a standard method project, provided the restrictions on the utilization of street level space for multi-story buildings constructed or reconstructed after July 16, 1990 are followed.

9   Additional density for housing purposes may be permitted, so long as the degree of nonconformity from the setback (59-C-6.231), lot coverage (59-C-6.232), and the public open space (59-C-6.233) requirements is not increased.  The maximum density must not exceed the density provisions for mixed-use projects  in section 59-C-6.234(a)(ii).

10   Development that exceeds this FAR is subject to the procedures set forth in Div. D-3.

11   Under the optional method of development process, the Planning Board may approve height over 143 feet, but not more than 200 feet, if: (i) the additional height is necessary for the project to accommodate workforce housing under Section 59-A-6.18; however, the additional height must not be more than required for the number of workforce housing units that are constructed; or (ii) the additional height is specifically recommended for the property in the applicable sector plan or urban renewal plan or the property is within a revitalization area designated in the applicable sector plan and is located fully or partially within 800 feet of an entrance to a metro station.  In order to approve additional height for property recommended in a sector plan or urban renewal plan or within a designated revitalization area, the Planning Board must find that: (i) the additional height is consistent with the criteria and guidelines for the property as contained in the applicable sector plan or an urban renewal plan approved by the County Council under  Chapter 56, or in the case of a site outside an urban renewal area, accomplishing the objectives of incorporating residential development with commercial development in a mixed use project in close proximity to a metro station otherwise unobtainable due to site conditions, proximity of adjacent non-residential buildings, or other physical constraints that prevent the achievement of sector plan objectives; (ii) the proposed development is compatible with the surrounding development, considering but not limited to the relationship of the building or buildings to the surrounding uses, the need to preserve light and air for the residents of the development and residents of surrounding properties, and any other factors relevant to the height of the building; and (iii) the proposed development will provide additional public facilities and amenities beyond what could otherwise have been provided if the excess height were not approved.  Such facilities must be accessible to and usable by the public in accordance with the applicable sector or master plan or urban renewal plan.

12   The Planning Board may approve height over 60 feet, but not more than 90 feet, if: (i) the additional height is consistent with an applicable sector plan or an approved urban renewal plan; or (ii) the additional height is needed to accommodate workforce housing under Section 59-A-6.18; however, the additional height must not be more than required for the number of workforce housing units that are constructed.

13   An historic resource recommended in the relevant master or sector plan to be preserved and reused, which does not occupy more than 10% of the gross floor area, is excluded from the FAR calculation.

14   Subject to the provisions of Sec. 59-C-6.2353, the maximum permitted nonresidential development may be increased to FAR 1 and the maximum building coverage to 75%.

15   The total FAR for mixed-use development may be exceeded under the special regulations of Sec. 59-C-6.2354.

16   This requirement may either be reduced by the Planning Board, or satisfied by the provision of off-site public use space or improvements to existing public use space, if the site will be owned and occupied by a nonprofit organization that provides needed child care and adult day care services under a partnership agreement with the Montgomery County Department of Health and Human Services in effect on December 31, 1999.  If the requirements of this paragraph for a public use space reduction cannot be met by an occupant of the site, an amended project plan must be submitted and the Planning Board may require the project plan applicant to provide off-site public use space or improvements to existing public use space.

17   The FAR may be increased to FAR 1.2 by the Planning Board if the site will be owned and occupied by a nonprofit organization that provides needed child care and adult day care services in cooperation with the Montgomery County Department of Health and Human Services that is in effect on December 31, 1999.

18   On sites of 10 contiguous acres or more, the amount of non-residential development is limited to a maximum of 450,000 gross square feet.

19   In the case of a telephone office or communications center that exists on April 22, 2003, a maximum density of 2.3 FAR is permitted.

20   In the case of an expansion of a telephone office communications center that exists on April 22, 2003, if the applicant demonstrates to the Planning Board’s satisfaction that public use space cannot be provided on- site, the Planning Board may authorize off site public use space or improvements to existing public use space.

21   The minimum lot area for an optional method project may be less than 18,000 square feet, when recommended in a master or sector plan.  The minimum lot area may consist of more than one lot under the density transfer provisions of Section 59-C-6.2355.

22   The entire optional method public use space requirement is satisfied if the applicant has provided to the County, by conveyance or dedication, land or building space to accommodate an arts or entertainment use under Section 59-C-6.2356.

23   The gross floor area of the arts or entertainment use that satisfies the public use space and the public facility and amenity requirements for the optional method of development under Section 59-C-6.2356 must not be counted in the gross floor area of the optional method project.

24   The entire optional method public use space requirement is satisfied if the applicant conveys, to the County or other governmental body, land or building space within the same central business district for a publicly owned or operated government facility under Section 59-C-6.2357.

25   The gross floor area of the publicly owned or operated government facility that is provided in satisfaction of the public facility and amenity requirements for the optional method of development under Section 59-C-6.2357 must not be counted in the gross floor area of the optional method project.

26   For certain properties adjacent to the Fenton Village Overlay Zone, permitted heights may be increased under Section 59-C-18.192(b)(1)(E).

   59-C-6.2351. Special standards for optional method of development projects involving more than one lot. The Planning Board may approve a request for optional method of development for more than one lot in accordance with the findings required for project plan approval contained in Section 59-D-2.42(g) and the following additional requirements:

      (a)   Lots must be adjacent to each other or separated only by a public street or right- of-way.

      (b)   The density of development for any lot smaller 22,000 square feet must be measured in accordance with the maximum density provisions of the standard method of development.

      (c)   The density of development for the combined lots must not exceed the total density otherwise permitted on the separate lots.

      (d)   If the project plan does not contain development density from a lot to which public use space is being transferred, no additional public use space is required from that lot.

   59-C-6.2352. Combined development in an urban renewal area. In the CBD-0.5, CBD-1, CBD-2, and CBD-3 zones the Planning Board may approve an optional method development for property that lies in two or more CBD zones, each of which has provisions for optional method approval under Section 59-D-2.41 if all of the following conditions are met:

      (1)   The combined development is consistent with the relevant sector or urban renewal plan;

      (2)   The properties in multiple CBD zones, including lots adjacent to each other or separated only by a public street or right-of-way, are or will be combined to provide a unified development which will achieve the intent of the sector plan or urban renewal plan;

      (3)   The total area of the combined properties is at least 22,000 square feet.

      (4)   The aggregate total amount of development density in the combined development must not exceed the amount of density that would be permitted if each CBD zoned area were developed separately.

      (5)   The amount of public facilities and amenities as defined under Section 59-A-2.1, is not less than the amount that would be required if the component areas of the lot were developed separately.

      (6)   Development must be approved under Section 59-D-3.

      (7)   The density of development for any lot smaller than 22,000 square feet must be measured in accordance with the maximum density provisions of the standard method of development.

   Uses permitted in the respective zones may be allowed anywhere in the combined development.

   In any area subject to Section 59-C-18, development must be subject to the provisions of the relevant overlay district.

   59-C-6.2353. Special regulations for properties within the Central Business Districts zoned CBD-0.5 and designated as an Enterprise Zone area as defined in Article 83-A of the Annotated Code of Maryland: Under the standard method of development, the gross floor area of a building for nonresidential development may be increased to a maximum of FAR 1, and building coverage to 75%, subject to approval of a site plan under Division 59-D-3 submitted for approval before August 24, 2005.  Any building constructed pursuant to a site plan approved under this section is a conforming structure and may be repaired or reconstructed in accordance with the approved site plan.  Properties that adjoin or confront a one-family residential zone are not eligible for development above FAR-0.5 under this provision.

   59-C-6.2354. Special regulations-transfer of density option for properties in the CBD-0.5, CBD-1 and CBD-R2 zones and designated as an Enterprise Zone area as defined in Article 83-A of the Annotated Code of Maryland.

      (a)   A transferable development credit, in square feet of gross floor area, may be established with the demolition of a building before August 24, 2000 that exceeds the amount of floor area allowed under the standard method of development in a CBD-0.5, CBD-1, or CBD-R2 zone.  A development credit may be retained for purposes of reconstruction on the property generating the development credit, or transferred and used for new construction on any property in the CBD-0.5, CBD-1, CBD-2, CBD-3, or CBD-R2 zone that does not adjoin or confront a one-family residential zone.  Use of a transferable development credit on property generating the development credit must be submitted before August 24, 2005 and must be shown on either:

         (1)   a site plan approved under Division 59-D-3 and the transferable development credit must not exceed 50% of the FAR for the property allowed under the standard method of development, or on

         (2)   a project plan in the CBD-2 or CBD-3 zones approved under Division 59-D-2.  A project plan may exceed the allowable maximum FAR and may reduce the public use space to 10%.

         Any building constructed pursuant to a project plan or site plan approved under this section is a conforming structure and may be repaired or reconstructed in accordance with the approved project plan or site plan.

      (b)   A transferable development credit must be established, transferred, and attached to a property only by means of documents, including an easement and appropriate releases, in a recordable form approved by the Planning Board.  Any easement must:

         (i)   limit future construction of the property that transfers the development credit to the amount of gross square feet of the demolished building minus all development credits transferred;

         (ii)   indicate the amount of development credit, in gross square feet to be transferred;

         (iii)   indicate the maximum gross square feet of future development for the property that transfers the development credit, but no less than the amount that could be constructed on the property under the standard method of development; and

         (iv)   be recorded in the land records of Montgomery County.

   59-C-6.2355. Special regulations for Optional Method of development projects involving a density transfer.  This section includes special regulations for optional method of development projects involving the transfer of density to a lot in a Density Transfer Area designated in a master or sector plan.

      (a)   The Planning Board may approve an optional method of development project for more than one non-adjacent lot in the same Density Transfer Area, but when combined, the lots must total a minimum of 18,000 square feet, or less if recommended in a master or sector plan.  The optional method of development project must comply with the project plan approval requirements of Section 59-D-2.42(g) and the following provisions:

         (1)   The density transferred must be measured in terms of gross square feet of development. 

         (2)   The lot that receives a density transfer must not abut or confront a one-family residential zone.

         (3)   The development capacity of the combined lots may be transferred among lots as shown on the project plan approved by the Planning Board; however, the development capacity of the combined lots must not exceed the total development capacity otherwise permitted on the separate lots under the optional method of development procedure or any density limit recommended in a master or sector plan.

         (4)   Public use space must be provided based on the total area of the lots included in the optional method of development project and may be distributed among lots as shown on the project plan approved by the Planning Board, in consideration of any master plan public use space recommendation.  Public use space may be located off-site in the same Density Transfer Area if the Planning Board finds that an off-site location implements a master or sector plan recommendation.

      (b)   The Planning Board also may approve an optional method of development project for a lot in a Density Transfer Area that includes the transfer of density to that lot from a lot zoned C-2 if:

         (1)   the C-2 lot from which density is being transferred is in a block confronting the Density Transfer Area and adjoins or confronts a lot in a one-family residential zone;

         (2)   the density transferred from a C-2 zoned lot is equal to or less than the gross square feet of development equal to a 1.2 FAR on the C-2 zoned lot; and

         (3)   the requirements of Section 59-C-6.2355(a) are satisfied.

      (c)   A density transfer must be established, transferred, and attached to a lot only by means of documents, including an easement and appropriate releases, in a recordable form approved by the Planning Board.  Any easement must:

         (1)   limit future construction of the lot that transfers the density to the amount of gross square feet of the building minus all development transferred;

         (2)   indicate the amount of development, in gross square feet to be transferred;

         (3)   for density transferred from a lot classified in a CBD zone, indicate the maximum gross square feet of future development for the lot that transfers the development credit, but no less than the amount that could be constructed on the lot under the standard method of development; and

         (4)   for density transferred from a lot classified in a C-2 zone, indicate the maximum gross square feet of future development for the lot that transfers the development credit, but no less than the floor area equal to a .3 FAR; and

         (5)   be recorded in the land records of Montgomery County.

   59-C-6.2356 Special standards for optional method of development projects that include an arts or entertainment use.

      (a)   In the CBD-1, CBD-2, and CBD-3 zones, the land or building space for an arts or entertainment use satisfies the entire public use space requirements under Sections 59-C-6.233 and 59-C-6.234 and the entire public facility and amenity requirement for the Optional Method of Development required under Section 59-C-6.215(b) if when the applicant files the original application for an optional method project:

         (1)   the arts or entertainment use is located in an area designated as an Arts and Entertainment District under State law;

         (2)   the proposed total interior area for all floors of the arts or entertainment building space conveyed or dedicated is at least 20 percent of the net lot area;

         (3)   the applicant agrees to the conveyance of land or floor area for arts or entertainment use and has a signed conveyance agreement with the County; and

         (4)   The County Council by resolution has recommended that the Executive accept a conveyance or dedication of land or a building space to accommodate an arts or entertainment use.  The Council in the resolution must find that the arts and entertainment use will:

            (A)   have a positive economic revitalization or economic impact in the Arts and Entertainment District;

            (B)   provide an opportunity for public use; and

            (C)   create unique cultural opportunities for the public in the Arts and Entertainment District.

      (b)   After land or building space for an arts or entertainment use is transferred to the County:

         (1)   the entire public use space and public amenity space requirement is satisfied for any amendment to the original project plan; and

         (2)   the Executive may transfer or lease the land or building space without any effect on the approval of the project plan or site plan.

      (c)   Standard streetscaping improvements along the frontage of the phase of the project that is intended to accommodate an arts or entertainment use must be required during the phase of the project that contains the arts or entertainment use.  Standard streetscaping improvements, beyond the improvements required for the frontage of the phase of the project associated with the arts or entertainment use, must be required with the phase of the project associated with the standard streetscaping improvements being required.

   59-C-6.2357 Special standards for optional method of development projects that include a building or land for a publicly owned or operated government facility.

      (a)   The public facility and amenity requirement and the public use space requirement are satisfied when:

         (1)   The Planning Board finds that the project plan application warrants approval with a publicly owned or operated facility satisfying the amenity and the public use space requirements;

         (2)   the applicant conveys in fee simple, to the County or other government body, the identified land or building space, and the County accepts the land or building space for a publicly owned or operated government facility within the same central business district; and

         (3)   the proposed total interior area for all floors of the building space conveyed for a publicly owned or operated government facility or the land dedicated for that purpose is at least 20 percent of the net lot area.

      (b)   Once the County or other government body has accepted the fee simple conveyance of the land or building space for the publicly owned or operated government facility:

         (1)   the public facility and amenity requirement also is satisfied for any amendment to the original optional method of development project plan that does not increase the floor area of the project;

         (2)   the land area that is conveyed to the County for the publicly owned or operated government facility also is treated as public use space for any amendment to the original project plan that does not increase floor area; and

         (3)   any transfer or lease of the building, land, or any portion thereof, by the County will not affect the approval of the optional method of development project plan or the site plan.

      (c)   Standard streetscaping improvements along the frontage of the phase of the project that is intended to accommodate the publicly owned or operated government facility use must be provided during the phase of the project that contains the facility.

   59-C-6.236. Minimum setbacks, standard method of development. The following setbacks shall be required and shall be maintained as green area, but these distances may be reduced if it is demonstrated during site plan review that such reduction is necessary to accommodate an increase in density due to the inclusion of moderately priced dwelling units in accordance with section 59-C-6.215.

      (a)   No part of any building or structure shall be located on land indicated on an approved and adopted master plan as a right-of-way or as a public pathway, walkway or sidewalk.

      (b)   The setback from any right-of-way shall be at least:

         (1)   In the CBD-0.5 zone, one foot for every 3 feet by which the building or structure exceeds 30 feet;

         (2)   In all other zones, one foot for every 6 feet by which the height of the building or structure exceeds 30 feet.

      (c)   Setbacks from adjoining lots-CBD-0.5 and CBD-R zones.

         (1)   If the building has windows or apertures facing that lot line, which provide light, access or ventilation to a habitable space, the setback shall be at least 15 feet;

         (2)   If the adjoining lot is in a residential zone and is not recommended for commercial or industrial zoning on the adopted master plan, the setback shall be at least 15 feet;

         (3)   In all other cases no setback shall be required.

      (d)   Setbacks from adjoining lots-CBD-1, CBD-2 and CBD-3 zones.

         (1)   If the adjoining lot is outside of the central business district.

         -   The setback shall be equal to that required in the zone recommended on an approved
             and adopted master plan for the adjoining property.

         (2)   If the adjoining lot is within the central business district and the proposed building has windows or apertures which provide light, access or ventilation to space intended to be occupied for commercial or residential purposes; and:

            -   If the adjoining lot is occupied by a residential building or is recommended by an approved and adopted sector plan for residential use, then a proposed building shall be set back from that adjoining lot at least one foot for every 2 feet of the height of the building, but not less than 15 feet.

            -   If the adjoining lot is occupied by a nonresidential building or is recommended by an approved and adopted sector plan for nonresidential use, then a proposed nonresidential building shall be set back from that adjoining lot at least 15 feet.

         (3)   If the adjoining lot is within the central business district and the proposed building has no windows or apertures; and:

            -   If the adjoining lot is occupied by a residential building, then a proposed building must be set back from that adjoining lot at least one foot for every 2 feet of the height of the building, but not less than 15 feet.

            -   If the adjoining lot is occupied by a nonresidential building which has windows or apertures facing a proposed building, then the proposed building must be set back at least 15 feet from the adjoining lot.

            -   If the adjoining lot is undeveloped or is occupied by a nonresidential building which has no windows or apertures facing a proposed building, then no building setback from that adjoining lot is required.

         (4)   Any setback required by this section may be reduced if approved by the planning board through the site plan approval procedures of division 59-D-3. In such situations, site plan review is limited to the setback of the proposed building, for which applicable exhibits must be provided.

      (e)   Within a lot, the distance between any 2 buildings shall be not less than whichever of the following is applicable:

         -   Twice the setback required above for any building from a residential building, or

         -   Twice the setback required above between nonresidential buildings.

   59-C-6.237. Parking facilities. Repealed by Ordinance No. 8-89, § 2.