59-C-18.192. Regulations.

   (a)   Land uses.  Permitted and special exception uses allowed under the standard and optional method of development in the underlying CBD zones are allowed in the overlay zone.  In addition, any combination of permitted and special exception uses may be considered as part of a site plan or project plan submitted for review.  The following additional uses are permitted in the Overlay Zone:

      Catering facilities

      Bakeries, less than 1500 square feet

      Assembly of computer components

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

      (1)   Building height in the Overlay Zone:

         (A)   along a major highway must not exceed 90 feet;

         (B)   along any street confronting any block that includes property zoned in a one-family residential classification, must not exceed 60 feet and, when a building is allowed to be higher than 60 feet behind the Fenton Street frontage of the building, each additional foot in building height above 60 feet requires at least an additional one foot stepback from the front of the building along Fenton Street;

         (C)   within the area between a major highway and a street that confronts a block that includes property zoned in any one-family residential classification, must not exceed 60 feet but may increase up to 90 feet the maximum height allowed if at least 33% of a project’s floor area is residential; however, if additional building height is necessary to accommodate workforce housing units and at least 33% of the project’s floor area is residential, up to 110 feet is allowed if the additional height is placed near a major highway and decreases in the direction of the closest property zoned in any one-family residential classification;

         (D)   for property located in a block that includes property zones in any one- family residential classification, must not exceed 45 feet for all uses, except the building height must not exceed 60 feet for:

            (i)   residential use; or

            (ii)   mixed-use optional method project, if at least 33% of the project’s floor area is residential and the project includes a hotel;

         (E)   for properties with frontage on both Wayne Avenue and Fenton Street, notwithstanding the height limitations in Subsection (b)(1)(B)-(D), may be increased by 15 feet for a building that includes residential uses or a mix of residential and commercial uses, if such additional height is not more than 200 feet from the right-of-way line for Fenton Street as recommended in the Approved and Adopted 2000 Silver Spring CBD Sector Plan.  However, any building using additional height must be set back from adjoining residentially zoned land no less than the setback required in the adjacent residential zone or the height of the building, whichever is greater.

         (F)   Building heights may be approved under the standards of this subsection without regard to the building height recommendations of the sector plan.

         (G)   Any project plan approved before September 24, 2013 may be constructed under the conditions of its approval and any preliminary plan or site plan thereafter that implements the previously approved project plan.  Any site plan approved before September 24, 2013 may be constructed under the conditions of its approval.  Any building constructed under this subsection is conforming and may be maintained and reconstructed under the conditions of their approval.

      (2)   Parking in the front yard of properties fronting on Georgia Avenue is prohibited.

      (3)   Costs associated with meeting the public use space offsite may be shared by multiple property owners.

      (4)   In the CBD-1 Zone, the FAR may be increased to FAR 2 under the standard method of development if approved by site plan in accordance with Division 59- D-3.