Sec. 59-G-2.38.1. Offices, general.

A special exception may be granted for general offices under the following provisions:

   (a)   In the I-4 zone, a general office use may be allowed upon a finding, in addition to the general findings required in Division 59-G-1, that the following 2 conditions are met:

      (1)   The location of such proposed use is adequately accessible by means of existing and proposed roads and public transportation facilities, and the proposed use will not have an unacceptably adverse effect on nearby roads. The location shall be deemed adequately accessible via roads and public transportation facilities if any of the following conditions are present:

         (i)   Existing publicly maintained, all-weather roads are adequate to accommodate the traffic that would be generated by the proposed use, in addition to existing traffic and traffic that will be generated by other development on existing recorded lots; or

         (ii)   Any additional roads, necessary in combination with existing roads to accommodate the additional traffic that would be generated by the proposed use, are proposed on an adopted master plan and are programmed for completion in the first 3 years of either the current adopted Montgomery County capital improvements program or the state highway administration's 5-year program for construction with public or private financing; or

         (iii)   Public bus, rail, or other forms of mass transportation are available or programmed within the area affected or within one-third mile of the application under consideration so that the roads under (1) and (2) above will provide adequate road capacity to meet existing and future traffic demand.

         (iv)   In its determination of the adequacy of a road to accommodate traffic, the Board shall consider the recommendation of the state highway administration or County Department of Transportation, the applicable levels of traffic service, peak hour use and average use, and any other information presented.

      (2)   The approval of the general office use will not increase traffic to the extent that other industrial, commercial, or residential uses that are permitted by right are precluded from development within the traffic analysis area.

   (b)   In the RS zone, a general office use may be allowed if the Board finds, in addition to the general findings required in Division 59-G-1, that the location of the proposed use is adequately accessible and the proposed use will not have an unacceptably adverse effect on nearby roads.  The location must be deemed adequately accessible by existing or proposed roads and public transportation facilities if either:

      (1)   existing publicly maintained, all-weather roads are adequate to accommodate the traffic that would be generated by the proposed use in addition to existing traffic and traffic that will be generated by other development on recorded lots; or

      (2)   the proposed office use will not increase traffic to the extent that other industrial, commercial, or residential uses that are permitted by right are precluded from development in the same traffic analysis area as the proposed office.

In assessing the adequacy of a road to accommodate traffic under paragraph (1), the Board must consider the recommendation of the State Highway Administration or County Department of Transportation, the applicable levels of traffic service, peak hour use and average use, and any other relevant information.  This subsection should be generally applied in a manner which closely parallels the application of Section 50-35(k) and the County Growth Policy. The recommendations of the Planning Board under this subsection must be based on its standards applying Section 50-35(k) and the Growth Policy, and the Board of Appeals must adopt these recommendations unless the Board of Appeals finds that a modification is justified by the weight of the evidence in the case. In its recommendations, the Planning Board must consider and report the recommendations of the State Highway Administration and County Department of Transportation, the applicable levels of traffic service, peak hour use and average use, and any other information presented.

(Legislative History: Ord. No. 10-55, § 2; Ord. No. 12-79, § 7; Ord. No. 13-25, § 1; Ord. No. 16-15, § 1.)