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Montgomery County Overview
Montgomery County Zoning Ordinance (2004)
MONTGOMERY COUNTY ZONING ORDINANCE
Chapter 59 Zoning [Note]
Article 59-A. In General.
Article 59-B. Exemption From Controls. [Note]
Article 59-C. Zoning Districts; Regulations.
Article 59-D. Zoning Districts-Approval Procedures. Introduction.
Article 59-E. Off-Street Parking and Loading. [Note]
Article 59-F. Signs. [Note]
Article 59-G. Special Exceptions, Variances, and Nonconforming Uses.
Division 59-G-1. Special Exceptions - Authority and Procedure.** [Note]
DIVISION 59-G-2. SPECIAL EXCEPTIONS - STANDARDS AND REQUIREMENTS.*[Note]
Sec. 59-G-2.00. Accessory apartment.
Sec. 59-G-2.00.1. Accessory dwelling.
Sec. 59-G-2.00.2. Abattoir.
Sec. 59-G-2.00.3. Reserved.
Sec. 59-G-2.00.4. Airstrip associated with farming operations.
Sec. 59-G-2.00.5. Amateur radio facility.
Sec. 59-G-2.00.6. Attached or detached accessory apartment.
Sec. 59-G-2.01. Ambulance or rescue squad, privately supported, nonprofit.
Sec. 59-G-2.02. Animal boarding place.
Sec. 59-G-2.03. Animal cemeteries.
Sec. 59-G-2.04. Antique shop.
Sec. 59-G-2.05. Art or cultural centers.
Sec. 59-G-2.05.1. Auction facility.
Sec. 59-G-2.06. Automobile filling stations.
Sec. 59-G-2.07. Automobile, light truck and light trailer rentals, outdoor.
Sec. 59-G-2.08. Automobile storage lots.
Sec. 59-G-2.09. Automobile, truck and trailer rentals, outdoor.
Sec. 59-G-2.09.1. Blacksmith.
Sec. 59-G-2.09.2. Bed-and-breakfast lodging.
Sec. 59-G-2.10. Boardinghouse.
Sec. 59-G-2.10.1. Cable communications system.
Sec. 59-G-2.11. Campground.
Sec. 59-G-2.11.1. Car wash.
Sec. 59-G-2.11.2. Catering facility, outdoors.
Sec. 59-G-2.12. Cemetery and family burial site.
Sec. 59-G-2.12.1. Chancery and International Organization.
Sec. 59-G-2.13. Day care facility for senior adults and persons with disabilities.
Sec. 59-G-2.13.1. Child day care facility.
Sec. 59-G-2.14. Clinic.
Sec. 59-G-2.15. Combination Retail Store.
Sec. 59-G-2.15.1. Conference center with lodging.
Sec. 59-G-2.15.2. Country market.
Sec. 59-G-2.16. Drive-in restaurants.
Sec. 59-G-2.17. Reserved.
Sec. 59-G-2.18. Reserved.
Sec. 59-G-2.181. Eating and Drinking Establishments in the O-M Zone.
Sec. 59-G-2.19. Educational institutions, private.
Sec. 59-G-2.20. Electric power transmission and distribution lines.
Sec. 59-G-2.21. Charitable or philanthropic institution.
Sec. 59-G-2.21.1. Family burial site.
Sec. 59-G-2.21.2. Farm machinery.
Sec. 59-G-2.21.3. Farm supply.
Sec. 59-G-2.21.4. Farm tenant mobile home.
Sec. 59-G-2.22. Fertilizer mixing plants.
Sec. 59-G-2.23. Funeral parlor or undertaking establishment.
Sec. 59-G-2.24. Golf course and country club.
Sec. 59-G-2.241. Golf Course in the RDT Zone.
Sec. 59-G-2.25. Golf driving range.
Sec. 59-G-2.25.1. Grain elevator.
Sec. 59-G-2.26. Group home, large.
Sec. 59-G-2.26.1. Group picnic, catering and recreation facility.
Sec. 59-G-2.27. Heliport and helistop.
Sec. 59-G-2.28. Highway fuel and food service.
Sec. 59-G-2.29. Home occupation, major.
Sec. 59-G-2.30. Nursery, horticultural retail.
Sec. 59-G-2.30.0. Nursery, horticultural - wholesale.
Sec. 59-G-2.30.00. Landscape contractor.
Sec. 59-G-2.30.000. Manufacture of mulch and composting.
Sec. 59-G-2.30.1. Hospice care facility.
Sec. 59-G-2.31. Hospitals.
Sec. 59-G-2.32. Hospital, veterinary.
Sec. 59-G-2.33. Hotels and motels.
Sec. 59-G-2.34. Reserved.
Sec. 59-G-2.35. Housing and related facilities for senior adults and persons with disabilities.
Sec. 59-G-2.35.1. Life care (continuing care) facility.
Sec. 59-G-2.36. Medical practitioners' office for use of other than a resident of the building.
Sec. 59-G-2.36.1. Milk plant.
Sec. 59-G-2.36.2. Dwellings.
Sec. 59-G-2.36.4. Meeting centers.
Sec. 59-G-2.37. Nursing home or domiciliary care home.
Sec. 59-G-2.38. Offices, professional, nonresidential.
Sec. 59-G-2.38.1. Offices, general.
Sec. 59-G-2.39. Parking of automobiles, off-street, in connection with commercial uses.
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.
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.
Sec. 59-G-2.41. Pet shops.
Sec. 59-G-2.41.1. Pipeline, above ground.
Sec. 59-G-2.41.2. Personal living quarters.
Sec. 59-G-2.42. Private clubs and service organization.
Sec. 59-G-2.42.1. Reserved.
Sec. 59-G-2.43. Public utility buildings and structures.
Sec. 59-G-2.44. Radio and television broadcasting stations and towers.
Sec. 59-G-2.45. Recreational or entertainment establishments, commercial.
Sec. 59-G-2.46. Retail and service establishments.
Sec. 59-G-2.47. Retail establishments in a multiple-family dwelling.
Sec. 59-G-2.48. Retail establishments in an office building.
Sec. 59-G-2.49. Equestrian facility in a residential zone.
Sec. 59-G-2.49.1. An equestrian facility in an agricultural zone.
Sec. 59-G-2.50. Rifle or pistol ranges, indoor.
Sec. 59-G-2.51. Rifle, pistol and skeet shooting ranges, outdoor.
Sec. 59-G-2.51.1. Reserved.
Sec. 59-G-2.52. Rock or stone quarries.
Sec. 59-G-2.53. Sand, gravel or clay pits.
Sec. 59-G-2.53.1. Sanitarium.
Sec. 59-G-2.54. Sawmills.
Sec. 59-G-2.54.1. Secondary agricultural processing, not otherwise specified.
Sec. 59-G-2.54.2. Solid waste transfer station, sanitary landfill, or incinerator.
Sec. 59-G-2.54.3. Storage, outdoor.
Sec. 59-G-2.55. Swimming pools, commercial.
Sec. 59-G-2.56. Swimming pools, community.
Sec. 59-G-2.57. Teahouses and restaurants in residential zones.
Sec. 59-G-2.58. Telecommunications facility.
Sec. 59-G-2.59. Theater, legitimate.
Sec. 59-G-2.60. Theaters, indoor.
Sec. 59-G-2.61. Reserved.
Sec. 59-G-2.62. Tire, battery, and accessory stores.
Sec. 59-G-2.63. Winery.
Division 59-G-3. Variances.
Division 59-G-4. Nonconforming Uses, Buildings, and Structures. [Note]
Article 59-H. Amendment Procedures.*
APPENDIX A RULES OF PROCEDURE FOR APPLICATIONS FOR LOCAL MAP AMENDMENTS and PETITIONS FOR SPECIAL EXCEPTION.
APPENDIX B. ZONING AMENDMENT PROCEDURE.
Comparative Table - Ordinances

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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, .
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, .
Sec. 59-G-2.53. Sand, gravel or clay pits.
See section 59-G-2.52.
(Legislative History: Ord. No. 12-1, § 1.)
   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)
Sec. 59-G-2.53.1. Sanitarium.
See section 59-G-2.31.
(Legislative History: Ord. No. 10-69, § 9; Ord. No. 12-1, § 1.)
Sec. 59-G-2.54. Sawmills.
A sawmill special exception may be granted; provided, no saw or other machinery will be located less than 50 feet from any lot line or street line, and all power saws and machinery will be secured against tampering and locked when not in use.
(Legislative History: Ord. No. 13-107, § 3.)
Sec. 59-G-2.54.1. Secondary agricultural processing, not otherwise specified.
A special exception may be granted for secondary agricultural processing, subject to the following requirements:
   (a)   The minimum area of the lot must be 5 acres.
   (b)   The minimum setback from any property line must be 50 feet.
   (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 access to a road built to primary or higher standards.
   (e)   Adequate parking must be provided on site in accordance with the requirements for an industrial or manufacturing establishment or warehouse, as stated in article 59-E.
   (f)   In evaluating the compatibility of this special exception with surrounding land uses, the board must determine whether those uses are primarily agricultural or residential. The board must consider the fact that this is a use related to agriculture when located in the Rural, Rural Cluster, or Rural Density Transfer zone, and its impact on other agricultural uses does not necessarily need to be controlled as stringently as its impact on residential uses. The use is not permitted, however, in the portion of a rural cluster development regulated by section 59-C-9.52.
(Legislative History: Ord. No. 10-69, § 9.)
Sec. 59-G-2.54.2. Solid waste transfer station, sanitary landfill, or incinerator.
A special exception may be granted for a private solid waste transfer station, sanitary landfill, or incinerator, subject to the following provisions and in addition to the findings required in division 59-G-1:
   (a)   The proposed use must meet all applicable requirements and conditions for State of Maryland permits as set forth in Maryland Code Environment  Article , Section 9-204 et seq. and Code of Maryland Regulations (COMAR)  Section 26.04.07.
   (b)   The applicant has provided a detailed plan, under which the applicant will be bound, showing the proposed truck haul route to the nearest major highway and traffic engineering studies  and analyses demonstrating the effects of the proposed special exception use on present and projected  levels of service, adequacy of the present and planned road system, road safety conditions, bridge capacity, and other factors related to traffic flow and safety.  The Board must find that the proposed use will not adversely affect present and projected levels of service, adequacy of the present and planned road system, road safety conditions, bridge capacity and other factors related to traffic flow and safety.  The detailed plan submitted by the applicant must include:
      (1)   a map of the hauling route indicating the classification of all roads and the width of the respective rights-of-way, as well as the number of lanes as built.
      (2)   the load limits of all bridges which the hauling route will cross,
      (3)   the segments of the road which are "closed" by curb and gutters, and "open" to roadside swales or ditches,
      (4)   the hours and days when the property will accept vehicles, and
      (5)   the steps which the applicant will take to maintain the hauling route free of debris from vehicles accessing or leaving applicant's facility and control the number of vehicles accessing and leaving the site on a daily, weekly, monthly, and extraordinary basis, and
      (6)   designation of on-site queuing spaces sufficient to accommodate the anticipated hauling vehicles without causing the vehicles to queue into the public right-of-way.  The number of queuing spaces must be at least one-half of the number of trucks expected during the peak hours of operation.
   (c)   The applicant must have and adhere to an emergency notification and mitigation plan, acceptable to the Director, for instances when the presence of  toxic, hazardous, or special medical wastes is discovered or suspected.
   (d)   The Board may limit hours of operation, number of vehicles and personnel employed, screening, landscaping, lighting, and method of operation to ensure that the conditions of  Section 59-G-1.21(a) and this Section are met. The operator must maintain records of its operations that are acceptable and available to the Director for inspection during normal business hours.
   (e)   The site must be operated in a manner that contains noise, odors, air and water pollution at acceptable levels under County, State and federal laws or regulations.  To protect the public health, safety and welfare, the applicant must provide on-site and off-site monitoring of air pollution, noise, ground water, and surface waters in accordance with a plan acceptable to the Director.  The applicant must describe how the transfer station operations will conform to the water quality and quantity requirements of Chapter 19, without any waiver.
   (f)   The site must conform to the National Fire Protection Association (NFPA)  Standard 46, "Recommended Safe Practice for Storage of Forest Products" except that the standards are mandatory and not recommendations.
   (g)   Any  transfer of solid waste or sorting of recyclable materials must occur only in a wholly enclosed building.
   (h)   The outdoor storage of solid waste or recyclable materials must be in leakproof, fly-and- rodent proof containers.
   (i)   Impervious surfaces must be provided for all areas where the handling, sorting, storage, or transporting of solid waste or recyclable materials occurs.
   (j)   Any water that comes into contact with solid waste must be discharged to the sanitary sewer system in conformance with an industrial discharge permit.
   (k)   Water runoff must be discharged only into the sanitary sewer system.
   (l)   A solid waste transfer station operation must not be located on any part of a floodplain or wetland, or within 300 feet of a stream.
   (m)   Each site must be accessible directly from a roadway consisting of sufficient lanes to provide separate turning lanes and through lanes for large trucks to assure safe ingress and egress and not impede through traffic.
   (n)   There must be at least a 200 foot buffer between the proposed sorting and storage operations and any lot line.
(Ord. No. 13-18, § 4; Ord. No. 13-68, § 4.)
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