Sec. 59-G-2.38. Offices, professional, nonresidential.

   (a)   An existing single-family structure may be used for professional office purposes by any member or members of a recognized profession, such as a doctor, lawyer, architect, accountant, engineer, or veterinarian, but not including the following:

      (1)   a medical, dental, or veterinarian clinic;

      (2)   an in-patient treatment facility; or

      (3)   a general business office, such as an insurance company office, a trade association, a manufacturing company, an investment company, a bank, or a real estate company.

   (b)   The property must satisfy one of the following criteria:

      (1)   be located in a central business district that is designated as being suitable for the transit station-residential (TS-R) zone on an approved and adopted sector plan;

      (2)   be designated as suitable for a nonresidential professional office in the R-60 zone on an approved and adopted master or sector plan and located along a highway with an existing right-of-way width of at least 90 feet or along a portion of an arterial road designated as a boundary of a Central Business District;

      (3)   be located in the R-90 zone and:

         (A)   designated as historic in the Master Plan for Historic Preservation;

         (B)   located along a highway with an existing right-of-way of at least 120 feet; and

         (C)   contain a structure formerly used for nonresidential purposes; or

      (4)   be located in the R-200 zone and abut a fire station, police station, ambulance squad, or rescue squad on more than 1 lot line.

   (c)   The Board must find that the property:

      (1)   will not constitute a nuisance because of traffic or physical activity;

      (2)   will not affect adversely the use and development of adjacent property;

      (3)   will have at least 25 percent of the lot area devoted to green area.

   (d)   The Board may allow for other than a building designated as historic in the Master Plan of Historic Preservation, the exterior of the premises to be changed, altered, or modified, provided the single-family character and the basic residential appearance of the building are retained.  A historic area work permit must be obtained before any work may be done to alter the exterior features of a historic structure.

(Legislative History: Ord. No. 8-83, § 2; Ord. No. 9-37, § 1; Ord. No. 10-32, § 18; Ord. No. 13-76, §1; Ord. No. 14-47, § 1; Ord. No. 15-48, § 2; Ord. No. 17-07, § 2.)

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.)

Sec. 59-G-2.39. Parking of automobiles, off-street, in connection with commercial uses.

A special exception may be granted for off-street parking of motor vehicles in connection with commercial uses, subject to the following findings and requirements:

   (a)   Off-street parking at this location will not constitute a nuisance because of traffic, noise, or physical activity;

   (b)   The commercial uses to be served by the facility are not in the C-T or the C-1 zone, unless the land in the C-1 zone complies with the exceptions to this provision stated in either subparagraph (h) or subparagraph (i), below;

   (c)   The land on which the facility is to be located is not reserved for street or highway purposes;

   (d)   The facility is in compliance with the applicable provisions of article 59-E, particularly the parking area screening provisions of section 59-E-2.9;

   (e)   No charge is to be made for the first hour of parking unless the facility is located within the boundary of a parking lot district as defined in chapter 60 of this Code;

   (f)   No service of any kind is to be provided to persons occupying vehicles parked in such a facility; and

   (g)   No spaces in the facility are to be used for automobile service, repair or storage, other than the storage of new cars by a new car dealer at a location adjacent to or separated only by a street from land in the C-2 zone. The board may limit the number of new cars to be stored at the facility.

   (h)   If off-street parking is required to accommodate additional development on property zoned C-1 and substantially developed in accordance with those uses permitted in the C-1 zone prior to March 16, 1971, a special exception for parking of automobiles may be granted subject to the following conditions:

      (1)   There is insufficient land in the C-1 zone to accommodate the amount of parking required by the additional development;

      (2)   The applicable approved and adopted master plan anticipated the provision of parking on residentially zoned land in connection with commercial uses in the C-1 zone;

      (3)   This special exception will be an addition to a previously granted special exception for off-street parking at the same general location; and

      (4)   The total of the area in the C-1 zone together with the area used for parking in the residential zone (exclusive of areas devoted to landscaping and driveways) will not exceed 15 acres.

   (i)   If the land in the one-family residential zone is specifically designated as suitable for special exception uses on a master plan approved and adopted on or before January 25, 1967, a special exception may be granted for parking of automobiles in connection with commercial uses in the C-1 zone, subject to the following conditions:

      (1)   The land is part of a single parcel which is divided into 2 or more different zoning categories, and the portions that are not in the C-1 zone do not have direct and usable frontage on a public street; and

      (2)   The adjacent land in the C-1 zone was not substantially developed in retail commercial uses prior to January 1, 1968.

(Legislative History: Ord. No. 10-32, § 16; Ord. No. 10-70, § 4.)

   Editor's note-In Eger v. Stone, 253 Md. 533, 253 A.2d 372 (1969), the court found that there was sufficient evidence to sustain the granting of an exception for off-street parking.

Sec. 59-G-2.39.1. Parking of automobiles, off-street in an industrial zone, in connection with any use permitted in a commercial zone.

A special exception may be granted for off-street parking of motor vehicles on industrially zoned land in connection with any use allowed in a commercial zone, subject to the following:

   1.   The commercial uses to be served by the parking facility must adjoin the industrially zoned land being used to accommodate the parking;

   2.   The portion of industrially zoned land being used for parking must not be (1) more than 3 acres; or (2) front on a master planned or existing public street or public right-of-way;

   3.   In cases where the C-1 zone is being served, the commercial building must not: (a) cover more than 50% of the lot, and (b) exceed a floor area ratio of 1.0;

   4.   The parking facility must comply with the applicable provisions of Article 59-E. Parking is allowed on the site for the limited purpose of accommodating the commercial use being served;

   5.   No service of any kind is to be provided to persons occupying vehicles parked in such a facility; and

   6.   Off-street parking at this location must not constitute a nuisance because of traffic, noise or physical activity.

(Ord. No. 13-41, § 2.)

Sec. 59-G-2.40. Parking facilities, off-street, at locations more than 500 feet walking distance from the entrance to a nonresidential establishment to be served.

Off-street parking facilities for motor vehicles in connection with nonresidential uses located more than 500 feet walking distance from the entrance to the establishment to be served may be allowed if such off-street parking facilities are not located on land recommended for residential uses on an approved and adopted master or sector plan. In addition, the board must find that such parking facilities will not constitute a nuisance because of traffic, noise or physical activity.

(Legislative History: Ord. No. 10-32, § 17.)

Sec. 59-G-2.41. Pet shops.

Pet shops may be allowed; provided, that the actual store or premises in which the pet shop is located is at least 75 feet from any lot in any residential zone; that the proposed use shall not be incompatible with, or detrimental to, any existing uses on abutting lots in a C-1 or C-2 zone; that no animals may be kept for boarding; that no animals may be kept for breeding; that only animals for retail sale shall be maintained or kept on the premises; that all animal pens shall have glass enclosed fronts and each pen or cage shall be connected to an outside ventilating system or other appropriate air filtration system. This provision shall not apply to feathered birds which may be maintained in bird cages. There shall be no space on the exterior of the building for the maintaining or for the usage of the animals, and all animals shall be maintained within the pet shop.

   Cross reference-Pet shops and kennels, etc., § 5-67 et seq.

Sec. 59-G-2.41.1. Pipeline, above ground.

See section 59-G-2.43.

(Legislative History: Ord. No. 10-69, § 9; Ord. No. 12-1, § 1.)