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(a) The use must be clearly subordinate to the use of the dwelling for residential purposes. The amount of floor area used for the major home occupation must not exceed 33 percent or 1,500 square feet, whichever is less, of the total floor area of the dwelling unit and any existing accessory building on the same lot or parcel. Any enlargement of the total floor area resulting from construction completed on or after the date of application for the special exception or within 18 months immediately preceding the application must be excluded from the total floor area on which this calculation is based.
(b) The use must be conducted within the dwelling unit or any existing accessory building and not in any open yard area of the lot or parcel on which the dwelling is located. Exterior storage of goods or equipment is not permitted. No separate detached building may be constructed on the lot or parcel for the express purpose of specifically operating the home occupation. No more than one existing accessory building may be used for this purpose. The use may, however, involve off-site activities such as sales, client contact and other matters related to the home occupation.
(c) The Board may grant a special exception for a major home occupation on the same property as a registered home occupation, if it finds that both together can be operated in accordance with the provisions of this section and Section 59-G-1.2, title “Conditions for Granting.” The Board must not grant a special exception for more than one major home occupation on the same property or approve such a use if the property is also approved for a different special exception in accordance with this Division 59-G-2.
(d) The home occupation office must be conducted only by members of the family, as defined in Section 59-A-2.1, residing in the dwelling and a maximum of 2 nonresident employees or associates to be determined by the Board, taking into account the impact on neighboring residences of the resultant parking and traffic. The Board may allow more than 2 nonresident employees for a health practitioner's practice; however, no nonresident health practitioner is allowed. In any case where customers, clients or patients visit the dwelling, there must be no more than 2 resident operators of the home occupation or 2 resident health practitioners or other professionals practicing in the dwelling; abuse of this exemption may lead to revocation of the Certificate of Registration.
(e) Clients, customers, patients or other visitors in connection with the home occupation must visit by appointment only. The Board may specify the hours during which they may visit and may limit the number of clients, customers, patients, or other visitors during those periods. An indoor waiting room must be provided. In the case of a home health practitioner, as defined in Section 59-A-2.1, emergency patients may visit outside the specified hours or without appointment; abuse of this exemption may lead to revocation of the special exception.
(f) No equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference detectable at or beyond the lot line is allowed as part of the special exception activity, nor is it allowed to involve use, storage or disposal of:
(1) A quantity of a petroleum product sufficient to require a special license or permit from the fire marshal; or
(2) Any material defined as hazardous or required to have a special handling license by the Montgomery County Code, as amended, or the Annotated Code of Maryland, as amended, except that disposal of medical waste must be regulated as provided in Maryland State Laws and Regulations.
(g) The only allowable equipment or facilities are those needed for:
(1) Domestic or household purposes;
(2) General office purposes, such as but not limited to a personal computer, calculator, word processor, or typewriter; or
(3) Art or handicraft equipment, such as but not limited to a hand loom, spinning wheel, kiln, or woodworking tools.
(4) In the case of a home health practitioner, as defined in Section 59-A-2.1, medical equipment may also be used, subject to the provisions of Paragraph (f), above.
(h) The sale of goods on the premises is prohibited, except for:
(1) The products of dressmaking, hand-weaving, block-printing, the making of jewelry, pottery or musical instruments by hand, or similar arts or handicrafts performed by a resident of the dwelling; or
(2) No more than 5 sales per month of items customarily ordered for delivery to customers at off-site locations.
(i) Display or storage of goods is prohibited except for:
(1) Such handmade items as are enumerated in paragraph (h)(1) above; or
(2) Samples of merchandise that may be ordered by customers to whom it will be delivered at off-site locations, or merchandise awaiting such delivery.
The storage of equipment or merchandise for collection by employees who will use or deliver it at off-site locations is prohibited.
(j) Except as provided in Paragraph (2), off-street parking must be provided on-site in accordance with the relevant provisions of Article 59-E, as follows:
(1) For a home health practitioner, the Board may require the number of spaces specified in Section 59-E-3.7 for “office, medical practitioner.” Alternatively, and for any other use encompassed by this Section 59-G-2.29, there must be one parking space for each nonresident employee or associate plus one parking space for every client or customer allowed by the conditions of the special exception to visit in any one-hour period. These spaces must be in addition to the number of spaces required for the residential use of the property.
(2) In determining the necessary amount of on-site parking, the Board may take into account the availability of on-street parking spaces, but on-street parking must not be allowed in connection with the home occupation or professional office if it will have an adverse impact on neighboring residences.
(3) Screening must be provided in accordance with Section 59-E-2.83. The required spaces must be located in the side or rear yard, except that the Board may approve parking in a driveway traversing the front yard if it finds that there is inadequate space for the parking or necessary screening in the side or rear yard, and the front-yard driveway can be screened in accordance with Section 59-E-2.83. If an applicant can establish, to the satisfaction of the Board, that a front- yard parking area was constructed prior to February 5, 1990, in order to satisfy the parking requirements for a residential professional office as a permitted use, the Board may waive the requirement for side or rear yard parking if it finds that such action will not have an adverse impact on neighboring residences.
(k) In the Residential One-Family Zones regulated by Section 59-C-1.3 and in recorded residential subdivisions in the Agricultural Zones regulated by Division 59-C-9, any commercial vehicle that is parked or garaged on-site in connection with the home occupation must comply with the regulations for commercial vehicles in Section 59-C-1.31. In the Townhouse and Multiple-Family Zones regulated by Sections 59-C-1.7 and 59-C-2.3, respectively, one light commercial vehicle may be parked on-site in connection with the home occupation, if parked in a garage.
(l) The Board may restrict deliveries by truck in volume and frequency and may limit them to deliveries by public or private services that also deliver to private homes.
(m) Reserved.
(n) A special exception for a major home occupation is granted for a two-year period, and the special exception may be renewed if it is operated in compliance with the findings and conditions of the Board in the initial grant and satisfies Section 59-G-1.3.
(1) The Hearing Examiner must provide written notice 60 days before an upcoming renewal date to each holder of a renewable special exception, with instructions to submit a renewal application and request an inspection by the Department of Permitting Services, if the holder of the special exception wishes to renew for two more years. The special exception continues in effect until:
(A) the Hearing Examiner has provided written notice of the renewal date;
(B) renewal has been granted or denied, or the special exception holder has declined to renew the special exception; or
(C) the holder of the special exception has failed to respond to the notice of renewal before the special exception expires.
(2) If the special exception holder declines to renew, notice of the consequent expiration of the special exception must be sent by regular mail to the special exception holder, the land owner, and all other persons entitled to notice.
(3) If the holder of the special exception does not reply to notification of the renewal date within 30 days after the notice was mailed, a second notice must be sent to the special exception holder and the land owner by certified mail, stating the date on which the special exception will expire if a renewal application is not received. If no reply to the second notice is received, the Hearing Examiner must issue an Order stating that the special exception has expired. The Order must be sent to the special exception holder and the land owner by certified mail and to all other persons entitled to notice of the special exception by regular mail.
(4) Upon receipt of an application for renewal, the Hearing Examiner must issue notice of a public hearing. The Hearing Examiner must conduct this public hearing at least 30 days after notice is sent to all parties entitled to notice of the original special exception hearing. The public hearing on the renewal may be waived by the Hearing Examiner if the inspection of the premises indicates that the special exception is in compliance with the applicable provisions of this Chapter and conditions established by the Board of Appeals, and the parties entitled to notice are given an opportunity to request a hearing and fail to do so.
(5) If a special exception holder requests modification of the terms and conditions of the special exception in conjunction with a renewal request, the Hearing Examiner may make a decision on the requested modification as part of the decision on the renewal, without a public hearing, if the Hearing Examiner finds that:
(A) the modification does not substantially alter the nature, character, intensity of use, or the conditions of the original grant; and
(B) the parties entitled to notice are given an opportunity to request a hearing and fail to do so.
(6) If the Hearing Examiner finds that the requested modification represents a significant change that would not substantially alter the nature, character, intensity of use, or the conditions of the original grant, the Hearing Examiner may make a decision on the modification and the renewal only after a public hearing convened with proper notice.
(o) In those zones where a professional office for a resident of a dwelling was permitted by right prior to February 5, 1990, and if a use-and-occupancy permit for the professional office was issued prior to February 5, 1990, the office may be continued as a nonconforming use, as provided in Division 59-G-4. (See Section 59-C-1.31, 59-C-2.3 or 59-C-9.3.)
(Legislative History: Ord. No. 11-67, § 10; Ord. No. 13-76, § 1; Ord no. 14-47, § 1
; Ord. No. 16-59, § 7
.)
Editor's note—Section 59-G-2.29 is cited in Grand Bel Manor Condominium v. Gancayco, 167 Md. App. 471, 893 A.2d 1144 (2006). In City of Takoma Park v. County Board of Appeals for Montgomery County, 259 Md. 619, 270 A.2d 772 (1970) it was held that a woman and her 2 children living in a man's home and helping him (sometimes) in his trade of making slip covers are a part of the man's family within the meaning of the home occupation exception. The special exception was granted for an R-60 zone.