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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-6.213. Additional intent of certain zones.
      (a)   In the CBD-0.5, CBD-R1, and CBD-1 zones it is further the intent:
         (1)   To foster and promote the orderly development of the fringes of the Central Business Districts of the county so that these areas will provide land uses at a density and intensity which will encourage small business enterprises and diverse living accommodations, while complementing the uses in the interior portions of these districts; and
         (2)   To provide a density and intensity of development which will be compatible with adjacent land uses outside the Central Business Districts.
      (b)   In the CBD-R1, CBD-R2, CBD-2 and CBD-3 zones it is further the intent to foster and promote the orderly development of the Central Business Districts of the county so that these areas will enhance the economic status of the county as well as providing an expanding source of employment and living opportunities for its citizens in a desirable urban environment.
      (c)   In the CBD-2 zone it is further the purpose:
         (1)   To provide a density and intensity of development which will permit an appropriate transition from the cores of central business districts to the less dense peripheral areas within and adjacent to the districts; and
         (2)   To provide an incentive for the development of residential uses to meet the needs of those employed within the central business districts and those who will be able to use the district transit facilities to travel to and from places of employment.
   59-C-6.214. Location. Except for existing and proposed public rights-of-way and privately owned railroad rights-of-way, as shown on an approved and adopted master or sector plan, no land shall be classified in any central business district zone unless it lies within a central business district as defined in section 59-A-2.1 and is recommended for that zone on an approved and adopted master plan or sector plan.
   59-C-6.215. Methods of development and approval procedures. Two methods of development are possible in each of these zones. 
      (a)   Standard method of development. The standard method requires compliance with a specific set of development standards and permits a range of uses and a density compatible with these standards.  If residential uses are included in a development, Moderately Priced Dwelling Units (MPDUs) must be provided as required by Chapter 25A, and workforce housing units may be provided under Section 59-A-6.18 and Chapter 25B.  The maximum dwelling unit density or residential FAR may be increased in proportion to any MPDU density bonus provided on-site and under Section 59-A-6.18.2.
      (b)   Optional method. Under the optional method, greater densities may be permitted and there are fewer specific standards, but the developer must provide certain public facilities and amenities. The presence of these facilities and amenities is intended to make possible the creation of an environment capable of supporting the greater densities and intensities of development permitted. The Planning Board may, under Division 59-D-2: (1) authorize a payment instead of all or some of the required public facilities and amenities, or any required public use space; or (2) permit any required public use space to be provided off-site on private or public property in the same CBD.  If residential uses are included in a development, Moderately Priced Dwelling Units must be provided under Chapter 25A and workforce housing units may be provided under Section 59-A-6.18 and Chapter 25B. The maximum dwelling unit density or residential FAR may be increased in proportion to any MPDU density bonus provided on-site and under Section 59-A-6.18.2.  The procedure for approval of an optional method project is specified in Division 59-D-2, and the procedure for approval of a site plan is specified in Division 59-D-3.
   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
S
O
S
O
S
O
S
O
S
O
S
O
CBD-0.5
CBD-R1
CBD-1
CBD-2
CBD-3
CBD-R2
S
O
S
O
S
O
S
O
S
O
S
O
(a) Residential.
Apartment hotels.1
Dwellings.
P
P
P
P
P
P
P
P
P
P
P
P
Embassy.17
P
P
P
P
P
P
Group home, small.
P
P
P
P
P
P
P
P
P
P
P
P
Group home, large.
P
P
P
P
P
P
P
P
P
P
P
P
Hotel or motel.14
P22
P
P22
P
P22
P
P22
P
Housing and related facilities for senior adults and persons with disabilities.4
P
P
P
P
P
P
P
P
P
P
P
P
Life care facility.5
P
P
P
P
P
P
Personal living quarters.21
P/SE
P/SE
P/SE
P/SE
P/SE
P/SE
P/SE
P/SE
P/SE
P/SE
P/SE
P/SE
(b) Manufacturing and industrial.
Printing and publishing shops, excluding establishments using heave duty equipment such as newspaper printing.
P
P
P
(c) Transportation, communication and utilities.
Amateur radio facility.
P27/ SE
P27/ SE
P27/ SE
P27/ SE
P27/ SE
P27/ SE
P27/ SE
P27/ SE
P27/ SE
P27/ SE
P27/ SE
P27/ SE
Bus terminals.
SE
SE
SE
SE
SE
Cable communications system.
SE3
SE3
SE3
SE3
SE3
SE3
SE3
SE3
SE3
SE3
SE3
SE3
Helistops.
Parking garages, automobile.
P
P
P
P
Parking lots, automobile, commercial.2
P
P
P
P
P
Pipelines, underground .
P
P
P
P
P
P
P
P
P
P
Public utility buildings and structures.
SE
SE
SE
SE
SE
SE
Radio and television broadcasting studio.
P
P
P
P
P
P
Radio and television stations and towers.
SE
SE
SE
SE
SE
Railroad tracks.
P
P
P
P
P
P
P
P
P
P
Rooftop mounted antennas and related unmanned equipment building, equipment cabinets, or equipment room.19
P
P
P
P
P
P
P
P
P
P
P
P
Taxicab stands.
P
P
P
P
P
P
P
P
Telephone office or communications center
P
(d) Commercial.
Antique shops.
P
P
P
P
P
P
P
P
P
Appliance stores.
P
P
P
P
Automobile sales, indoors and outdoors.
SE
P
SE
P
Boat sales, indoors.
P
P
SE
Book stores.
P
P
P
P
P
P
P
P
P
P
P
Building materials and supply store.11
P
P
Department stores.
P
P
P
Drug stores.
P
P
P
P
P
P
P
P
P
P
P
Eating and drinking establishments.
P
P
P
P
P
P
P
P
P
P
P
Eating and drinking establishments including drive-in.7
P/SE20
P/SE20
P/SE20
P/SE20
P/SE20
P/SE20
Florists.
P
P
P
P
P
P
P
P
P
P
P
Food and beverage stores.
P
P
P
P
P
P
P
P
P
P
P
Furniture stores.
P
P
P
P
P
P
Gift shops.
P
P
P
P
P
P
P
P
P
P
P
Grocery store.
P
P
P
P
P
P
P
P
P
P
P
Hardware stores.
P
P
P
P
P
P
P
P
Millinery shops.
P
P
P
P
P
P
P
P
P
Newsstands.
P
P
P
P
P
P
P
P
P
Office supply stores.
P
P
P
P
P
P
P
P
P
P
P
Pet shops.
SE
SE
SE
Photographic and art supply stores.
P
P
P
P
P
P
P
P
P
P
P
Specialty shops.
P
P
P8
P
P
P
P
P
P
P
P
Transitory use.18
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
Wearing apparel stores.
P
P
P
P
P
P
P
P
P
P
P
(e) Services.
Adult foster care home.
P
P
P
P
P
P
P
P
P
P
P
P
Ambulance or rescue squads, privately supported, nonprofit.
P
P
P
P
SE
Ambulance or rescue squads, publicly supported.
P
P
P
P
SE
P
P
Animal boarding place.
SE
SE
SE
SE
Appliance repair shops.
P
P
P
P
P
P
P
Automobile filling stations.13
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Automobile repair and services.
SE
P
SE
P
SE
P
Barber and beauty shops.
P
P
P
P
P
P
P
P
P
P
P
Boat repair and services.
SE
Car wash.
SE
SE
SE
SE
SE
SE
Chancery.17
P
P
P
P
P
P
Child day care facility in a residential building:10
—Family day care home.
P
P
P
P
P
P
P
P
P
P
P
P
—Group day care home.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
—Child day care center.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Child day care facility in a commercial or mixed use building:10
—Family day care home.
P
P
P
P
P
P
P
P
P
P
P
P
—Group day care home.
P
P
P
P
P
P
P
P
P
P
P
P
—Child day care center.
P
P
P
P
P
P
P
P
P
P
P
P
Clinics.
P
P
P
P
P
P
P
P
P
P
Day care facility for not more than 4 senior adults and persons with disabilities.10
P
P
P
P
P
P
P
P
P
P
P
P
Domiciliary care home for more than 16 residents.
P
P
P
P
P
P
P
P
P
P
P
P
Dry cleaning and laundry establishments, consisting of no more than 3,000 square feet of gross floor area.25
P15
P15
P9
P9
Dry cleaning and laundry pick-up stations.
P
P
P
P
P
P
P
P
P
P
P
Duplicating services.
P
P
P
P
P
P
P
P
P
P
Educational institutions, private.
P
P
P
P
P
P
P
P
P
P
Fire stations, publicly supported.
P
P
P
P
P
P
SE
P
P
Funeral parlors or undertaking establishments.
SE
SE
Furniture or upholstery repair shops.
P
P
P
P
P
P
Health clubs.
P
P
P
P
P
P
P
P
P
P
P
Home occupation, no impact
P24
P24
Hospice care facilities.
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
SE
Hospitals.
P
P
SE
Hospitals, veterinary.
SE
SE
SE
SE
SE
International Organization, public.17
P
P
P
P
P
P
Laboratories.
P
P
P
P
P
P
Laundromats, self-service.
P
P
P
P
P
P
P
P
P
P
P
Nursing home
P
P
P
P
P
P
P
P
P
P
P
P
Offices, banking or financial.
P
P
P
P
P
P
P
P
P
P
Offices, business.
P
P
P
P
P
P
P
P
P
P
Offices, professional.
P
P
P
P
P
P
P
P
P
P
Opportunity housing projects.
P
P
P
P
P
P
P
P
P
P
P
P
Pawnshop23
P
P
P
P
P
P
Photographic studios.
P
P
P
P
P
P
P
P
P
P
Place of religious worship.
P
P
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
P
Respite care home.
P
P
P
P
P
P
P
P
P
P
P
P
Self storage.
P28
P26
Shoe repair shops.
P
P
P
P
P
P
P
P
P
P
P
Tailoring or dressmaking shops.
P
P
P
P
P
P
P
P
P
P
P
(f) Cultural, entertainment and recreational.
Auditoriums or convention halls.
P22
P
P22
P
P22
P
Billiard parlors.
P
P
P
P
P
P
P
P
P
P
P
Bowling alleys.
P
P
P
P
P
P
P
P
P
P
P
Libraries and museums.
P
P
P
P
P
P
P
P
P
P
Park and playgrounds.
P
P
P
P
P
P
P
P
P
P
P
P
Private clubs and service organizations.
SE
SE
P
P
P
P
P
P
P
P
P
Recreational or entertainment establishments, commercial.
P
P
P
P
P
P
P
P
P
P
P
Swimming pools.
SE
Swimming pools, private.12
P
P
P
P
P
P
P
P
P
P
P
Theatres, indoor.
SE
SE
P
P
P
P
P
P
P
P
P
Theatres, legitimate
P22
P
P22
P
P22
P
(g) Miscellaneous uses.
Accessory buildings and uses.
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; 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;
(c)   with doors for individual storage units in the interior of the building; and
(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.
   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
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.
   59-C-6.24. Existing buildings and building permits.
   (a)   Any building or structure for which a building permit was issued and any use which was instituted, after December 31, 1958, shall not be regarded as a nonconforming use and may be structurally altered, repaired or enlarged in conformance with the requirements of the CBD zone in which it is located, so long as it remains an otherwise lawful use as previously allowed.
   (b)   Any building, structure or use which becomes nonconforming as a result of the reclassification of land from a non-central business district zone to any central business district zone except the CBD-0.5 Zone will not be subject to the provisions of sections 59-G-4.12, 59-G-4.13, 59-G-4.14 and 59-G-4.15 for a period of 7 years thereafter unless specifically regulated elsewhere in this Ordinance.
   (c)   Construction pursuant to a building permit validly issued and subsisting at the time of reclassification of the property to which it applies to any central business district zone shall be permitted, provided all necessary excavation and piers and/or footings of one or more buildings covered by the permit are completed not more than 6 months subsequent to such reclassification. Buildings and structures so constructed shall be considered nonconforming but shall not be subject to the provisions of sections 59-G 4.12, 59-G-4.13, 59-G-4.14 and 59-G-4.15 for a period of 7 years from the time of such reclassification.
   (d)   In the CBD-0.5 Zone, any building, structure, or use for which a valid building permit was issued prior to April 27, 1993, is conforming and subject to the following standards:
      (i)   Existing structures which exceed the standards of the CBD-0.5 zone.  Structural alterations, repairs or reconstruction of such buildings or structures may proceed under the standards of the zone in effect at the time the building was constructed.  However, such alterations, renovations or reconstruction must not increase the gross floor area existing or approved as of April 27, 1993 except as provided in subsection (f).  In the case of reconstruction, if the existing building has a height greater than that allowed in the CBD-0.5 Zone, such height may be allowed but must not be exceeded.
      (ii)   Existing structures that do not exceed the standards of the CBD-0.5 zone.  Structural alterations, repairs or reconstruction of such buildings or structures may proceed under the standards of the zone in effect at the time the building was constructed.  However, such alterations, renovations or reconstruction must not increase the gross floor area existing or approved as of April 27, 1993 by more than the maximum available in the CBD-0.5 Zone or by 1,500 sq. ft., whichever is greater; no expansion beyond the standards of the CBD-0.5 Zone is permitted for those properties that adjoin land in a one-family residential zone; expansion of any structure will be subject to the requirements of the Adequate Public Facilities Ordinance.
      (iii)   Existing Uses.  Any use, except those specifically regulated elsewhere in this Ordinance, which becomes nonconforming as a result of reclassification of land to the CBD-0.5 Zone will not be subject to the provisions of sections 59-G-4.13 and 59-G-4.14 for a period of 7 years following reclassification.
   (e)   Notwithstanding the provisions of subsection (a) above, multiple-family structures, if lawfully existing in any CBD zone prior to May 10, 1993, will not be considered nonconforming and may be repaired, reconstructed, or structurally altered as multiple-family dwellings in accordance with the provisions of this Chapter for the C-2 Zone in effect prior to March 23, 1976, so long as the floor area does not exceed what is in existence as of May 10, 1993.
   (f)   Notwithstanding any limitation or restriction established under subsection (a) above or under the development standards of the applicable CBD zone;
      (i)   An existing building may convert in whole or in part to a residential use.
      (ii)   Any building regulated under subsection (a) above that exceeds the development standards of the existing CBD zone may make facade improvements and expand lobby and public waiting areas so long as the gross floor area does not increase by more than 10 percent or 500 square feet, whichever is less.
      (iii)   Minor additions to a building may be permitted for purposes of meeting building and fire code requirements, so long as the addition is the minimum required to meet the code requirements as determined by the Director.
(Legislative History: Ord. No. 8-53, §§ 8, 9; Ord. No. 8-64, §§ 1, 2; Ord. No. 8-79, § 2; Ord. No. 8-89, §§1, 2; Ord. No. 9-45, § 1; Ord. No. 9-71, § 4; Ord. No. 9-74, § 6; Ord. No. 9-81, § 1; Ord. No. 10-6, § 1; Ord. No. 10-14, § 2; Ord. No. 10-15, § 1; Ord. No. 10-25, § 1; Ord. No. 10-26, § 2; Ord. No. 10-27, § 1; Ord. No. 10-51, § 1; Ord. No. 10-53, § 17; Ord. No. 10-75, § 2; Ord. No. 10-83, § 1; Ord. No. 11-14, § 5; Ord. No. 11-19, § 1; Ord. No. 11-20, § 2; Ord. No. 11-24, § 1; Ord. No. 11-38, § 6; Ord. No. 11-41, § 8; Ord. No. 11-46, § 1; Ord. No. 11-72, § 5; Ord. No. 11-73, § 5; Ord. No. 11-76, § 1; Ord. No. 11-77, §§ 1, 2; Ord. No. 11-84, § 1; Ord. No. 11-89, § 1; Ord. No. 12-1, § 1; Ord. No. 12-8, § 3; Ord. No. 12-9, § 2; Ord. No. 12-10, § 4; Ord. No. 12-25, § 1; Ord. No. 12-34, § 1; Ord. No. 12-35, § 1; Ord. No. 12-36, §§1-7; Ord. No. 12-38, § 1; Ord. No. 12-39, § 1; Ord. No. 12-46, § 4; Ord. No. 12-51, § 6; Ord. No. 12-68, § 3; Ord. No. 12-72, § 1; Ord. No. 12-75, § 6; Ord. No. 13-8, § 1; Ord. No. 13-20, § 1; Ord. No. 13-21, § 7; Ord. No. 13-30, § 1; Ord. No. 13-43, § 1; Ord. No. 13-46, § 5; Ord. No. 13-47, § 5; Ord. No. 13-50, § 2; Ord. No. 13-74, §1; Ord. No. 13-88, §1; Ord. No. 13-92, §1; Ord. No. 13-100, §§ 1, 2; Ord. No. 13-101, §§ 1, 2; Ord. No. 13-105, § 3; Ord. No. 14-4, § 2; Ord. No. 14-9, § 1; Ord. No. 14-10, § 3; Ord. No. 14-19, § 5; Ord. No. 14-20, § 1; Ord. No. 14-27, § 1; Ord. No. 14-35, § 1; Ord. No. 14-45, § 1; Ord. No. 14-47, § 1; Ord. No. 15-01, § 4; Ord. No. 15-03, § 2; Ord. No. 15-19, § 1; Ord. No. 15-24, § 1; Ord. No. 15-35, § 1; Ord. No. 15-54, § 7; Ord. No. 15-60, § 1; Ord. No. 15-77, § 5; Ord. No. 16-18, § 2; Ord. No. 16-25, § 2; Ord. No. 16-46, § 4; Ord. No. 16-58, § 1; Ord. No. 17-05, § 2; Ord. No. 17-11, § 1; Ord. No. 17-23, § 1; Ord. No. 17-37, § 1.)
   Editor’s note-Sections 59-C-6.211(b), 59-C-6.235 and 59-C-6.236 are cited in Permanent Financial Corporation v. Montgomery County, 308 Md. 239, 518 A.2d 123 (1986).  Section 59-C-6.215 is discussed in Montgomery County v. Singer, 321 Md. 503, 583 A.2d 704 (1991). 
Sec. 59-C-6.3. R-CBD zone-Multiple-family, central business district residential.
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