59-C-18.102. Regulations.

   (a)   Optional method of development.  The optional method of development procedure may be used if authorized in the underlying zone.  However, an optional method of development project is not required to have a minimum lot area.  Use of the optional method of development procedure is intended to promote higher density mixed-use development in close proximity to the Wheaton Metro Station and to revitalize and retain the existing retail area in Wheaton as a major marketplace.

      (1)   Optional Method of Development Standards.

         (A)   The maximum height for any CBD-2 or CBD-3 zoned optional method of development project is 125 feet.  However, the maximum building height for any CBD-2 east of Fern Street is 100 feet.

         (B)   Any optional method of development project must provide at least 45 percent of the street level space for use by businesses with less than 3,000 square feet of gross floor space and restaurants with less than 5,000 square feet of gross floor space.  The street level space must be so restricted for a period of six years after the issuance of the initial use and occupancy permit for the street level space.  The six year time period is binding upon future owners and successors in title and must be stated as a condition of any site plan approved by the Planning Board.  Before a building permit is submitted for approval in conformance to an approved optional method project, the applicant must file a covenant in the land records of Montgomery County, Maryland that reflects the restrictions on the street level space.

         (C)   At least one-half of the public use space required under 59-C-6.233 must be green area excluding sidewalks, walkways, swimming pools and other hardscapes, that will serve as an amenity for the development.

         (D)   The Planning Board may require street facade treatment.  Minimum requirements may be established by Planning Board guidelines that implement the recommendations of the sector plan.

   (b)   Standard Method of Development

      (1)   For any standard method of development project that provides at least 30 percent of the street level floor space for use by businesses with less than 3,000 square feet of gross floor space and restaurants with less than 5,000 square feet of gross floor space, 30 percent of the street level floor space may be in addition to the maximum FAR calculation allowed under the base zone.  Street level space provided must be so restricted for a period of six years after the issuance of the initial use and occupancy permit for street level space.  The six year time period is binding upon future owners and successors in title and must be stated as a condition in any site plan approved by the Planning Board.  Before a building permit is submitted for approval in conformance to an approved optional method project, the applicant must file a covenant in the land records of Montgomery County, Maryland that reflects the restrictions on the street level space.

      (2)   Any standard method project for a building existing as of July 1, 2006 with a building coverage not exceeding 85% and that provides street level space for use by businesses with less than 3,000 square feet of gross floor space and restaurants with less than 5,000 square feet of gross floor space, in the amounts and with the restrictions required in subsection (1) above, shall be a conforming use provided the building coverage is not increased.

      (3)   As part of the approval of a site plan for a standard method of development project, the Planning Board may allow any public use space requirement under Sec. 59-C-6.233 that is less than 1,800 square feet to be provided off-site within the Wheaton Central Business District as either public use space or streetscape, on a one-for-one square foot basis.

   (b)   Land uses. All permitted and special exception uses allowed under the standard method of development and the optional method of development of the underlying CBD Zone, are allowed in the Wheaton CBD overlay zone, except that:

      (1)   In any building constructed after July 16, 1990, the street level leasable space must be used only for the following purposes:

         (A)   hotel

         (B)   any of the commercial uses allowed under 59-C-6.22(d);

         (C)   the following service uses allowed under 59-C-6.22(e):

            appliance repair shop;

            banking and financial institution;

            barber and beauty shop;

            child day care facility;

            clinic

            dry cleaning and laundry pickup station;

            duplicating service;

            educational institution, private

            health club

            photographic studio;

            self-service laundromat;

            shoe repair shop;

            tailoring or dressmaking shop; or

         (D)   all cultural, entertainment and recreational uses allowed under 59-C- 6.22(f) as well as art galleries which are permitted as specialty shops under 59-C-6.22(d).

      (2)   In any new buildings constructed after July 16, 1990, all street level uses must be directly accessible from a sidewalk, plaza, or other public space.