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(a) Development standard. A special exception may be granted for a charitable or philanthropic institution, subject to the following requirements:
(1) In the Agricultural Zones regulated by the development standards of Section C- 9.4, a charitable or philanthropic institution may be granted only if it is for re-use of an existing building. The development standards are those of the applicable zones except:
(i) Minimum lot size: twice the minimum required by section C-9.4.
(ii) Maximum lot size: 2 acres. This requirement may be waived to accommodate a residential camp for seriously ill children.
(iii) Minimum side yard setback: twice the minimum required by section C- 9.4.
(iv) Minimum frontage: twice the minimum required by section C-9.4.
(v) Minimum green area: 50 percent.
(vi) Maximum FAR: 0.2.
(vii) Maximum lot coverage: half the maximum permitted by section C-9.4.
(viii) Maximum building height: as specified in section C-9.4.
(ix) The property must front on and have direct access to a public road built to arterial or higher standards, with the possible exception of properties in the rural, rural cluster, and rural density transfer zones. In those three zones, frontage on and access to an arterial or higher standard is not required if the board finds that road access via the primary or secondary road will be safe and adequate for the anticipated traffic to be generated.
(2) In the One-Family Residential Zones regulated by Section C-1.32, the development standards are those of the applicable zones except:
(i) Minimum side yard setback: twice the minimum required by Section C-1.32.
(ii) Minimum frontage: twice the minimum required by Section C-1.32.
(iii) Minimum green area: 50 percent in R-60, R-90, and RMH zones; 60 percent in R-150 and R-200 zones; 70 percent in RE-1, RE-2, and RE-2C zones.
(iv) Maximum FAR: 0.25 for residential, recreational, and environmental uses; 0.25 or 100,000 square feet, whichever is less, for office uses. Any charitable or philanthropic institution established by special exception before May 6, 2002 may expand to a 0.25 total floor area ratio.
(v) Maximum building height: 35 feet in R-60 and R-90 zones; 50 feet in R- 150, R-200, RE-1, RE-2, RE-2C, and RMH zones.
(vi) The property must front on and have direct access to a public street or roadway having more than one through travel lane in each direction of travel. Access to a corner lot may be from an adjoining primary street, constructed to primary standards, if the Board finds this access to be appropriate and not detrimental to existing residential uses on that primary street. This requirement does not apply to any charitable or philanthropic institution facility that lawfully exists on May 6, 2002.
(vii) Outdoor recreational facilities must be located, landscaped, or otherwise buffered so that the activities associated with the facilities will not constitute an intrusion into adjacent residential properties. The facilities must be designed and sited to protect adjacent properties from noise, spill light, stray balls, odors, and other objectionable impacts by providing appropriate screening measures, such as sufficient setbacks, evergreen landscaping, solid fencing, and walls. The setback must not be less than twice the rear yard setback of the zone. This requirement does not apply to outdoor recreational facilities which lawfully exist on May 6, 2002.
(viii) For residential and office uses, standards (2)(i) and (iv) do not apply to the use of an existing building that exists lawfully at least 3 years before the special exception petition is filed. Any expansion or addition to the existing building must comply with the standards in effect at the time a modification is filed.
(3) In the C-1 and C-3 Zones, the development standards are those of the applicable zones.
(b) Parking Standard.
(1) Off-street parking space must be provided as follows:
(i) Residential: one parking space for every 2 residents, and one space for every 2 employees on the largest work shift.
(ii) Recreational and Environmental: the total number of required parking spaces for each component of the proposed development under Section E-3.7 for auditorium, health club, commercial swimming pool, commercial recreational establishment, and other similar uses.
(iii) Office: same as general office under Section E-3.7.
(2) The Board may modify the off-street parking space requirements if warranted because of the program, method of operation, or clientele.
(3) All other parking design standards must comply with Section E-2.83 and other applicable sections of Article 59-E.
(c) Waiver.
(1) If the property is designated as a historic resource by the master plan for historic preservation, the Board may waive development standards (a)(1)(i) through (ix) and (a)(2)(i) through (viii).
(2) If the special exception is for a new building to be located on the property of an existing religious institution, the Board may waive the standards (a)(1)(ix) and (a)(2)(vi).
(3) The Board must not grant any waiver as stated in Sections (c)(1) and (2) unless it finds that:
(i) Road access will be safe and adequate for the anticipated traffic to be generated;
(ii) Road access will not have a significantly adverse impact on the surrounding neighborhood; and
(iii) The grant of the waiver will not cause other significant adverse impacts on the surrounding neighborhood.
(4) In the agricultural zones, a special exception for a charitable or philanthropic institution may be granted only if it is for re-use of an existing building. The Board may waive this restriction to approve a residential camp for seriously ill children and their immediate family members, operated or sponsored by a non-profit organization under the following conditions. Immediate family members may attend sessions jointly with or separate from the sessions attended by the children. Separate sessions for immediate family members are only permitted as a secondary camp activity. The camp may include facilities for overnight accommodations and for support services related to camp activities. The camp must be compatible with adjacent land uses.
(5) A charitable or philanthropic institution for which a petition was approved before May 6, 2002, is a conforming use. Any such special exception may be modified under Section 59-G-1.3(c), subject to the following conditions:
(i) Any expansion or enlargement must comply with the standards specified in Sections (a) and (b) above, except that, if the land area has not been enlarged, the board may waive the maximum lot size in agricultural zones or the FAR standard or the road frontage requirement stated in Sections (a)(1)(ii), (vi), (ix) and (a)(2)(iv), (vi) above in accordance with anticipated future expansion that has not been commenced or completed as of August 15, 1988, but that was expressly recognized in the conditions or record of the approved special exception.
(ii) In any zone where the special exception is no longer allowed, any amendment to the special exception must comply with the standards in the R-60 zone, as stated in Sections (a) and (b) above.
(Legislative History: Ord. No. 8-58, § 7; Ord. No. 11-29, § 8; Ord. No. 11-47, § 1; Ord. No. 11-78, § 1; Ord. No. 14-47, § 1.)
Section 1 of Ord. No. 11-78 purported to amend subsection (b)(2) of this section. The amendment was actually to subsection (a)(2).
See section 59-G-2.12, “Cemeteries,” for applicable standards and requirements.
(Legislative History: Ord. No. 10-85, § 8.)
Editor's note—Section 8 of Ord. No. 10-85, added § 59-G-2.21.1. Existing §§ 59-G-2.21.1—59-G-2.21.3 have been redesignated as §§ 59-G-2.21.2—59-G-2.21.4.
Sales, storage, or service: A special exception may be granted for an establishment selling, storing, or servicing farm machinery, subject to the following requirements:
(a) The minimum area of the lot must be 5 acres. The board may require a larger area if warranted by the size and characteristics of the inventory.
(b) The minimum setback from any property line must be 75 feet, except that the minimum setback from the street may be reduced to 50 feet if the board finds that:
(1) The site is in an agricultural rather than a residential zone; and
(2) The smaller setback would be compatible with surrounding uses.
(c) The board may regulate hours of operation, numbers of vehicles and personnel employed and other on-site operations so as to prevent adverse impact on adjoining uses.
(d) The property must front on and have direct access to a road built to primary or higher standards.
(e) Adequate parking must be provided on site in accordance with the requirements for farm machinery and supply, as stated in article 59-E.
(f) Adequate screening must be provided for all parking areas and all exterior areas devoted to on-site operations and storage of inventory and equipment so as to prevent adverse impact on adjoining uses.
(g) In evaluating the compatibility of this special exception with surrounding land uses, the Board must consider that the impact of an agricultural special exception on surrounding land uses in the agricultural zones does not necessarily need to be controlled as stringently as the impact of a special exception in the residential zones.
(Legislative History: Ord. No. 10-69, § 9; Ord No. 13-107, § 3.)
Note—See the editor's note to § 59-G-2.21.1.
Sales, storage, or service: A special exception may be granted for an establishment selling, storing, or servicing farm supply materials, subject to the following requirements:
(a) The minimum area of the lot must be 2 acres.
(b) The minimum setback from any property line must be 50 feet, except that the minimum setback from the street may be reduced to 25 feet if the board finds that:
(1) The site is in an agricultural rather than a residential zone; and
(2) The smaller setback would be compatible with surrounding uses.
(c) The board may regulate hours of operation, numbers of vehicles and personnel employed, and other on-site operations so as to prevent adverse impact on adjoining uses.
(d) The property must front on and have direct access to a road built to primary or higher standards.
(e) Adequate parking must be provided on site in accordance with the requirements for farm machinery and supply, as stated in article 59-E.
(f) Adequate screening must be provided for all parking areas and all exterior areas devoted to on-site operations and storage of inventory and equipment, so as to prevent adverse impact on adjoining uses.
(g) In evaluating the compatibility of this special exception with surrounding land uses, the Board must consider that the impact of an agricultural special exception on surrounding land uses in the agricultural zones does not necessarily need to be controlled as stringently as the impact of a special exception in the residential zones.
(h) Provisions (a) and (b) above, apply only to petitions filed on or after March 25, 1986. A farm supply establishment which does not comply with these provisions and for which a petition was filed with the board prior to March 25, 1986, is not a nonconforming use and may be repaired or reconstructed to the dimensions that existed on March 25, 1986 in the event of a fire or other natural disaster.
Accordingly, such a special exception may be amended as provided in the modification provisions of section 59-G-1.3(c).
(Legislative History: Ord. No. 10-69, § 9; Ord. No. 13-107, § 3.)
Note—See the editor's note to § 59-G-2.21.1.
A special exception may be granted for 2 or 3 mobile homes for occupancy by tenants who are also agricultural workers actively engaged in farming on a full-time or part-time basis on the farm on which the farm tenant mobile homes are located. The mobile homes may be either single-wide or double-wide units and must comply with the following regulations:
(a) Each mobile home must comply with the definition of a “mobile (manufactured) home” stated in section 59-A-2.1.
(b) The mobile home must comply with all relevant provisions of other chapters of the Montgomery County Code pertaining to dwelling units.
Note—See the editor's note to § 59-G-2.21.1.
(Legislative History: Ord. No. 14-47, § 1.)
A funeral parlor or undertaking establishment may be allowed if the Board finds:
(a) The use is devoted to services typical to funeral parlor and undertaking establishment operations; however, the cremation of remains is expressly prohibited. A funeral parlor may include a dwelling or sleeping facilities either as a separate building or a portion of the main building to be occupied by the owner or an employee of the establishment.
(b) The property and building must conform to the following:
(1) Minimum lot area, for single-family residential zones: 2 acres; for all other zones: 1 ½ acres.
(2) Minimum side yard setback, 50 feet each side.
(3) Minimum rear yard setback, 50 feet.
(4) Public water and sewer are available and must be used for the operation of the facilities, except in an Agricultural Zone. Where public water and sewer are not available, no chemicals may be used in burial preparation.
(5) The grounds and exterior of all buildings must be kept and maintained in conformity with the prevailing standards of the community.
(6) Frontage upon and access to a street or roadway having more than one through travel lane in each direction of travel.
(c) Any funeral parlor or undertaking establishment lawfully existing prior to March 13, 1989, is a conforming use and may be extended, enlarged, or modified by special exception subject to the provisions of this section.
(Legislative History: Ord. No. 11-42, § 2; Ord. No. 14-41, § 2; Ord. No. 14-47, § 1.)
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