59-C-18.182. Regulations.

Lots developed under this overlay zone must be connected to a community water and sewerage system, unless it can be demonstrated that at the time of subdivision that limited number of lots on a private well and septic facility within the development will provide a more beneficial subdivision design because of environmental or compatibility reasons.

   (a)   Development standards residential zones:

      (1)   Land uses.  All uses as allowed in the underlying zone as set forth in Sec. 59-C-1.31.

      (2)   Development standards.  The development standards are the same as those in the underlying zones, except as follows:

         (A)   Density of development: The density of development cannot exceed the standards for the underlying zone as set forth in the cluster provisions of Sec. 59-C-1.533.

         (B)   Minimum net lot area: If development proceeds under the standards of the zone as set forth in Sec. 59-C-1, the standards for the zone apply and site plan review will not be required.

         Lot sizes down to 3,000 square feet may be approved by the Planning Board, including zero side yard setbacks on one side, upon a showing that the resulting development will be consistent with the guidelines of the master plan.  Site plan review in accordance with the provisions of Sec. 59-C-18.174 is required.

         (C)   Building height:  A main building must not exceed a height of 35 feet.

   (b)   Commercial development.  Where a lot is zoned either partially or totally in a commercial zone the following regulations apply:

      (1)   Land uses.  All permitted or special exception uses allowed in the underlying zones are allowed in the commercial portion of the overlay zone.  The following uses are prohibited in the overlay zones:

         Adult entertainment business

         Automobile filling station1

         Automobile fluid maintenance station

         Automobile, light truck, and light trailer rentals, outdoor, except any automobile rental business in existence on October 13, 1998 may continue as a conforming use, and may be altered, repaired, or replaced in accordance with provisions of the zone in effect at the time the use was established.

         Automobile repair and services

         Automobile, truck, and trailer rentals, outdoor

         Automobile sales, indoor

         Automobile sales, outdoor

         Baseball driving range

         Building materials and supplies

         Car wash

         Combination retail store

         Department stores

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

         Eating and drinking establishments, drive-in

         Fairgrounds, circuses, and amusement parks

         Furniture stores, carpet, or related furnishing sales or service

         Golf driving ranges

         Heliports

         Helistops

         Ice storage

         Laboratories

         Multi-family dwellings, except when included in a structure containing retail or commercial uses

         Newspaper, printing and publishing shops

         Parking garages, automobile, for off-site uses

         Parking lots, automobile, for off-site uses

         Pawnshops

         Pipelines, above ground

         Radio and television broadcasting stations and towers

         Racquet ball, squash, indoor tennis and handball courts, commercial

         Rifle or pistol ranges, indoor

         Roller and ice skating rinks

         Stadiums or arenas

         Swimming pools, commercial

         Warehousing and storage service including:

         (A)   Industrial and commercial uses wholly enclosed; or

         (B)   Self-storage facility

      (2)   Development standards:

         (A)   Where the property is in a commercial zone, the setback and green area standards of the underlying zone are the same as set forth in Div. 59-C-4.  Building height must not exceed 24 feet, except that at the time of site plan review the Planning Board may allow additional height up to 30 feet if the Board finds that the additional height is compatible with the adjoining uses and is consistent with the intent of the master plan.

         (B)   Floor area ratio.  The floor area ratio for commercial uses is limited to FAR 0.75, and is computed only on the area of the underlying commercial zoned portion of the site.

         (C)   In the case of special exceptions where a minimum area is otherwise required, the minimum area may be waived where recommended as appropriate in the master plan.

         (D)   In areas recommended in the Sandy Spring/Ashton Master Plan for mixed use development, development should consistent with the recommendations of the master plan.  In the residential portions of the mixed-use areas, off-street parking for commercial uses is allowed without a requirement for approval of a special exception.

1   Any lawful use in existence as of the date of application of the overlay zone is a conforming use, and may be altered, repaired, or replaced in accordance with the provisions of the zone in effect at the time the use was established.