Sec. 59-G-2.48. Retail establishments in an office building.

Retail sales and personal service establishments in an office building are subject to the following requirements:

   (a)   Only the following types of establishments are allowed:

      Barber and beauty shop.
      Delicatessen.
      Drug store.
      Dry cleaning and laundry pick-up station.
      Newsstand.
      Eating and drinking establishment.
      Specialty shop.

   (b)   The establishments must be primarily for the service of tenants and employees of the building or group of buildings on the same lot or group of contiguous lots in common ownership or control, and the tenants and employees of adjoining and confronting lots, except that the requirements of this section do not limit the patronage of an eating and drinking establishment on weeknights, Saturdays and Sundays; provided that: (1) there exists sufficient off-street parking to accommodate the patrons of the eating and drinking establishment, and (2) the operation of the eating and drinking establishment will not have adversely effect the use and enjoyment of surrounding properties.

   (c)   There must be no entrances directly from the exterior to the establishments except an eating and drinking establishment may have a direct entrance from the exterior of the building if the Board finds that a direct exterior entrance to the eating and drinking establishment will not adversely effect the use and enjoyment of surrounding properties.

   (d)   The establishments must be so located and constructed as to protect tenants of the building from noise, traffic, odors and interference with privacy.

(Legislative History: Ord. No. 8-51, § 1; Ord. No. 13-76, §1; Ord. No. 15-01, § 6; Ord. No. 15-27, § 1; Ord. No. 15-30, § 2.)

Sec. 59-G-2.49. Equestrian facility in a residential zone.

The following provisions apply to an equestrian facility in any residential zone where a special exception is required:

   (a)   Minimum number of gross acres per horse:

      (1)   For 1-2 horses, 2 acres;

      (2)   For 3-10 horses, one acre per horse;

      (2)*   For more than 10 horses, an additional one-half acre per horse.

      *Editor's note—Ord. No. 15-21, which added the text of paragraph (a), contained two subparagraphs numbered "(2)".

      A 5-acre riding stable accommodating more than 10 horses for which a petition was filed with the board prior to March 25, 1986, is a conforming use and may be amended in accordance with the modification provisions of section 59-G-1.3(c).

   (b)   Each building, show ring, paddock, outdoor arena, and manure storage area must be located at least 100 feet from any existing dwelling on an adjacent tract of land.

   (c)   In order to prevent adverse impact on adjoining uses, the board may limit or regulate:

      (1)   The number of horses that may be kept or boarded.

      (2)   The number of horses that may be rented out for recreational riding or instruction.

      (3)   The number and type of equestrian events that may be held in a one-year period.

      (4)   The hours of operation of any equestrian activity or event.

   (d)    Any equestrian facility on less than 5 acres must establish through a pasture maintenance plan, feeding plan and any other document the Board requires, that the property contains sufficient open pasture to ensure proper care of the horses and proper maintenance of the property.

   (e)   All animal waste must be handled in accordance with state requirements for nutrient management.

   (f)   Any equestrian facility that keeps or boards more than 10 horses must meet all nutrient management, water quality and soil conservation standards of the County and State.  A nutrient management plan prepared by a qualified professional and a soil conservation and water quality plan prepared by the Montgomery Soil Conservation District Board must be submitted through a letter of certification by the landowner to the Department of Permitting Services, or other relevant agency.  Enforcement of the nutrient management, water quality, and soil conservation plans is the responsibility of the State of Maryland.  The land owner must obtain all plans within one year after commencement of operations.  Any equestrian facility existing before April 5, 2004 must comply with the requirements of this subsection no later than March 2, 2005.

   (g)   Any outdoor arena lighting must direct light downward using full cutoff fixtures, not produce any glare or direct light onto nearby properties, and not be illuminated after 10 p.m. except for an equestrian event which must not be illuminated after 9 p.m. Sunday through Thursday.  The Board may require that a lighting plan be submitted to Planning Board staff for approval.

(Legislative History: Ord. No. 9-55, § 3; Ord. No. 10-69, § 9; Ord. No. 13-107, § 3; Ord. No. 14-47, § 1; Ord. No. 15-21, § 6.)

   Editor’s note-Section 59-G-2.49 [formerly §104-29] is quoted in part in Creative Country Day School of Sandy Spring, Inc. v. Montgomery County Board of Appeals, 242 Md. 552, 219 A.2d 789 (1966).

   Cross reference-Riding facilities, § 5-67 et seq.

Sec. 59-G-2.49.1. An equestrian facility in an agricultural zone.

   In addition to the standards of 59-C-9.31 for an equestrian facility permitted by right, the following standards apply to an equestrian facility in the agricultural zones where a special exception is required:

   (a)   The board may grant a special exception for an equestrian facility as provided in 59-C- 31(h) upon a finding that the equestrian facility will not adversely affect adjoining land uses or the surrounding road network.  The applicant has the burden of producing substantial evidence that the property has adequate access to accommodate the additional traffic and that the road from which the property has access and the nearest intersections operate at an acceptable level of service based on Local Area Transportation Review Guidelines.

   (b)   In evaluating the compatibility of an equestrian facility special exception on the surrounding land uses in an agricultural zone, the Board must consider that the impact of an agricultural special exception on surrounding land uses in an agricultural zone does not necessarily need to be controlled as stringently as the impact of a special exception in a residential zone.

(Legislative History: Ord. No. 15-21, § 6.)

Sec. 59-G-2.50. Rifle or pistol ranges, indoor.

An indoor, noncommercial rifle or pistol range may be allowed; provided, that such range is constructed in such a manner as to eliminate all danger to persons or property from flying projectiles. Nothing in this section shall be construed to relieve the appellant from compliance with chapter 57, "Weapons," of the County Code, as amended.

Sec. 59-G-2.51. Rifle, pistol and skeet shooting ranges, outdoor.

An outdoor rifle and skeet shooting range may be allowed if adjacent areas are predominantly undeveloped. Such a use, however, shall be for a period of one year only, subject to renewal.

   Cross reference-Weapons, ch. 57.

Sec. 59-G-2.51.1. Reserved.

   Editor’s note—Ord. No. 14-47, § 1, renumbered former § 59-G-2.51.1, Country Market, to § 59-G-2.15.2.

Sec. 59-G-2.52. Rock or stone quarries.

The temporary use for not more than 3 years, subject to renewal, of vacant land for sand, gravel or clay pits, rock or stone quarries and other removal or extraction of natural material or deposits may be allowed, subject to such restrictions and safeguards as may, in the opinion of the board, be necessary to protect the residential property in the vicinity in accordance with the zone plan embodied in this chapter and the zone map.

   Editor’s note-The above Section is cited in Rockville Crushed Stone, Inc. v. Montgomery County, 78 Md.App. 176, 552 A.2d 960 (1989)

   Cross reference-Quarries, ch. 38.