Skip to code content (skip section selection)
Compare to:
Montgomery County Overview
Montgomery County Code
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Section 3.3.3. Accessory Residential Uses
A.   Accessory Dwelling Unit, In General
1.   Defined, In General
Accessory Dwelling Unit or Accessory Apartment means a second dwelling unit that is subordinate to the principal dwelling. An Accessory Dwelling Unit
2.   Use Standards for all Accessory Dwelling Units
Where an Accessory Dwelling Unit is allowed as a limited use, it must satisfy the following standards:
a.   Only one Accessory Dwelling Unit is permitted for each lot.
b.   The Accessory Apartment was approved as a special exception before May 20, 2013 and satisfies the conditions of the special exception approval or satisfies Subsection c
c.   If the Accessory Dwelling Unit does not satisfy Subsection b, the Accessory Dwelling Unit must be licensed by the Department of Housing and Community Affairs under Chapter 29 (Section 29-19); and
i.   the Accessory Dwelling Unit must have the same street address as the principal dwelling;
ii.   except for lots located within 1 mile of any Metrorail, Purple Line, or MARC Rail Station, either:
(a)   one on-site parking space is provided in addition to any required on-site parking space for the principal dwelling; however, if a new driveway must be constructed for the Accessory Dwelling Unit, then a total of at least two on-site parking spaces must be provided; or
(b)   the Hearing Examiner finds under the waiver in Section 29-26(b) that there is adequate on-street parking;
iii.   the maximum number of occupants is limited by Chapter 26 (Section 26-5); however, the total number of occupants residing in the Accessory Dwelling Unit who are 18 years or older is limited to 2;
iv.   the maximum footprint of an Accessory Dwelling Unit, in combination with other structures on the site, is limited by the total lot coverage limit in the underlying zone and the maximum gross floor area of the unit; and
v.   unless modified by the use standards for an Accessory Dwelling Unit, an Accessory Dwelling Unit must comply with the setback, height, and building lot coverage standards of an accessory structure in the underlying zone.
d.   An Accessory Dwelling Unit must not be located on a lot where any short-term rental Residential use exists or is licensed.
e.   In the Agricultural and Rural Residential zones, an Accessory Dwelling Unit is excluded from any density calculations. If the property associated with an Accessory Dwelling Unit is subsequently subdivided, the Accessory Dwelling Unit is included in the density calculations.
f.   Screening under Division 6.5 is not required.
g.   In the AR zone, any Accessory Dwelling Unit may be prohibited under Section 3.1.5, Transferable Development Rights.
B.   Attached Accessory Dwelling Unit
1.   Defined
Attached Accessory Apartment or Accessory Dwelling Unit means a second dwelling unit that is part of a detached house building type and includes facilities for cooking, eating, sanitation, and sleeping. An Attached Accessory Dwelling Unit is subordinate to the principal dwelling.
2.   Use Standards
Where an Attached Accessory Dwelling Unit is allowed as a limited use, it must satisfy the use standards for all Accessory Dwelling Units under Section 3.3.3.A.2 and the following standards:
a.   A separate entrance is located:
i.   on the side or rear of the dwelling;
ii.   at the front of the principal dwelling, if the entrance existed before May 20, 2013; or
iii.   at the front of the principal dwelling, if it is a single entrance door for use of the principal dwelling and the Attached Accessory Dwelling Unit.
b.   The maximum gross floor area for an Attached Accessory Dwelling Unit, including any floor area used for an Accessory Dwelling Unit in a cellar, must be:
i.   1,200 square feet of gross floor area; or
ii.   if the basement or cellar is used for the Attached Accessory Dwelling Unit, the gross floor area for the Attached Accessory Dwelling Unit may equal the square footage area of the basement or cellar.
C.   Detached Accessory Dwelling Unit
1.   Defined
Detached Accessory Apartment or Accessory Dwelling Unit means a second dwelling unit that is located in a separate accessory structure on the same lot as a detached house building type and includes facilities for cooking, eating, sanitation, and sleeping. A Detached Accessory Dwelling Unit is subordinate to the principal dwelling.
2.   Use Standards
a.   Where a Detached Accessory Dwelling Unit is allowed as a limited use, it must satisfy the use standards for all Accessory Dwelling Units under Section 3.3.3.A.2.
b.   Any structure constructed legally before May 31, 2012 that is not increased in size or building height and does not have new windows on a wall nearest an abutting property may be used for a Detached Accessory Dwelling Unit without regard to setbacks or floor area.
c.   A Detached Accessory Dwelling Unit built after May 30, 2012 must have the same minimum side setback as the principal dwelling and a minimum rear setback of 12 feet.
d.   For any Detached Accessory Dwelling Unit with a length along a rear or side lot line that is longer than 24 feet, the minimum side or rear setback must be increased at a ratio of 1 foot for every 1 foot that the dimension exceeds 24 linear feet. The additional rear setback is from a 12-foot setback as its starting point.
e.   The maximum gross floor area for a Detached Accessory Dwelling Unit must be the least of:
i.   50% of the footprint of the principal dwelling;
ii.   10% of the lot area; or
iii.   1,200 square feet of gross floor area.
D.   Dwelling for Caretaker/Watchkeeper
Defined
Dwelling for a Caretaker/Watchkeeper means a dwelling unit for a caretaker or watchkeeper and their families.
E.   Farm Labor Housing Unit
1.   Defined
Farm Labor Housing Unit means a dwelling unit accessory to the farm and under the control of the owner or operator of the farm on which the dwelling unit is located and occupied by an agricultural worker actively engaged in farming on a full-time or part-time basis. Farm Labor Housing Unit includes mobile homes. A Farm Labor Housing Unit is not restricted by the definition of household or dwelling unit, and may share a well or septic system or both.
2.   Use Standards
Where a Farm Labor Housing Unit is allowed as a limited use, it must satisfy the following standards:
a.   In the Agricultural and Rural Residential zones, it is excluded from any density calculations if it remains accessory to a farm. If the property associated with a Farm Labor Housing Unit is subsequently subdivided so that it is no longer accessory to the farm as definedin Setion 59.3.7.4.B, the Farm Labor Housing Unit is included in the density calculations.
b.   The maximum number of tenants in a single dwelling is limited by well and septic capacity.
c.   In the RE-2C zone, only one Farm Labor Housing Unit is allowed and it must be a mobile home.
d.   In the Agricultural, Rural Residential, RE-2, and RE-1 zones, a Farm Labor Housing Unit in existence before June 1, 1958 may be rented to a tenant other than an agricultural worker, if the dwelling meets all applicable health and safety regulations. In the event a Farm Labor Housing Unit in existence before June 1, 1958 is rebuilt, the rebuilt unit may be rented to a tenant other than an agricultural worker. The rebuilt dwelling may not exceed the floor area of the pre-existing dwelling.
e.   In the RE-2, RE-1, and R-200 zones, only one mobile home is allowed.
f.   The owner must record a covenant against the property to which the Farm Labor Housing Unit is accessory, with restrictions that satisfy Section 3.3.3.E. The covenant must be in a form approved by the County Attorney's Office, the County's Office of Agriculture, and the Planning Board. The owner must record the covenant before the Department of Permit Services approves a building permit for the unit.
F.   Guest House
1.   Defined
Guest House means a detached dwelling that is intended, arranged, or designed for occupancy by transient, nonpaying visitors of the resident owner of the principal dwelling.
2.   Use Standards
Where a Guest House is allowed as a limited use, it must satisfy the following standards:
a.   A Guest House must not be located on a lot:
i.   that is occupied by a renter;
ii.   that has an Accessory Dwelling Unit; or
iii.   where the owner of the lot resides off-site for more than 6 months in any calendar year.
b.   In the Agricultural and Rural Residential zones, a Guest House is excluded from any density calculations, if it remains accessory to a farm. If the property associated with a Guest House is subsequently subdivided, the Guest House is included in the density calculations.
c.   In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
G.   Home Health Practitioner
1.   Defined
a.   Home Health Practitioner means the office of a health practitioner who is licensed or certified by a Board under the Maryland Department of Health and Mental Hygiene, has an advanced degree in the field from an accredited educational institution, and who resides in the dwelling unit in which the office is located. Home Health Practitioner includes a registered nurse or physician's assistant if that person has an advanced degree in the field and practices independently. Home Health Practitioner does not include an electrologist, mortician, nursing home administrator, pharmacist, or veterinarian.
b.   Home Health Practitioner is limited to 2 health practitioners, one of whom must be a resident, and up to 3 non-resident support persons in any 24-hour period.
2.   Use Standards
a.   Where a Home Health Practitioner is allowed as a limited use, it must satisfy the following standards:
i.   A Home Health Practitioner is prohibited in an apartment, multi-use, and general building type.
ii.   Screening under Division 6.5 is not required.
iii.   To maintain the residential character of the dwelling:
(a)   The use must be conducted by an individual or individuals residing in the dwelling unit.
(b)   The use must be conducted within the dwelling unit or any accessory building and not in any open yard area. The use must be subordinate to the use of the dwelling for residential purposes and any external modifications must be consistent with the residential appearance of the dwelling unit.
(c)   Exterior storage of goods or equipment is prohibited.
(d)   The maximum amount of floor area used for the Home Health Practitioner is 33% of the eligible floor area of the dwelling unit plus any existing accessory building on the same lot, or 1,500 square feet, whichever is less.
(e)   An existing accessory building may be used for the home health practice, but external evidence of such use is prohibited. Only one accessory building may be used and it must be an eligible area.
(f)   Equipment or facilities are limited to:
(1)   office equipment; or
(2)   medical equipment.
(g)   Any equipment or process that creates a nuisance or violates any law is prohibited in connection with the operation of a home health practice.
(h)   Disposal of medical waste must be regulated by State laws and regulations.
(i)   Truck deliveries are prohibited, except for parcels delivered by public or private parcel services that customarily make residential deliveries.
(j)   Appointments are required for visits, but emergency patients may visit outside the specified hours or without appointment.
(k)   Clients, patients, or other visitors must be informed of the correct address and parking location.
(l)   In a Residential zone, any additional parking must be located behind the front building line.
iv.   The applicant must provide valid proof of home address as established by Executive regulations under Method 2 of Chapter 2 (Section 2A-15).
v.   In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
vi.   Treatment of more than one patient or client at a time is allowed, but not more than 5 vehicle trips containing not more than 10 patients may come or leave at the same appointment time.
vii.   A Home Health Practitioner may only operate between the hours of 7:00 a.m. and 7:00 p.m.
viii.   The sale of goods on the premises is prohibited, except for medication prescribed by the health practitioner or a prescribed remedial device that cannot be obtained from a commercial source.
ix.   A maximum of one Home Occupation (Low Impact) and one Home Health Practitioner is allowed on the same site. A Home Health Practitioner is not permitted on a site that is already approved for any other conditional use under Section 7.3.1, Conditional Use or a Home Occupation (Major Impact).
x.   An indoor waiting room must be provided if more than one patient or client will be on the premises at the same time.
xi.   Parking must be screened under Section 6.2.9.B or Section 6.2.9.C, depending on the number of parking spaces provided.
b.   Where a Home Health Practitioner is allowed as a conditional use, the limited use standards of this Section apply, except the hours of operation; number of clients, customers, patients, or other visitors allowed; and the on-site sale of goods may be determined by the Hearing Examiner under Section 7.3.1, Conditional Use.
3.   Registration.
Any Home Health Practitioner must register with DPS.
a.   Application Requirements
An application for registration must include the following:
i.   a signed affidavit of compliance that affirms that the applicant:
(a)   satisfies the applicable standards in Section 3.3.3.G; and
(b)   will take whatever action is required by DPS to bring the Home Health Practitioner into compliance if complaints of noncompliance are received and verified;
ii.   the manner in which the operation of the Home Health Practitioner satisfies the use standards in Section 3.3.3.G;
iii.   the location of the lot by street address and either lot and block number or liber and folio;
iv.   the zone in which the lot is located;
v.   area of the lot or parcel, in square feet or acres;
vi.   the total floor area of the dwelling unit and the amount of floor area to be used for the Home Health Practitioner, as well as the floor area of any existing accessory building to be used for the Home Health Practitioner;
vii.   the location and number of off-street parking spaces;
viii.   proof of home address;
ix.   other pertinent information required by DPS;
x.   a copy of the use-and-occupancy permit required under Chapter 8; and
xi.   the location of any indoor waiting room for patients, if more than one patient will be on the premises at the same time.
b.   Approval
i.   DPS must issue a Certificate of Registration if the applicant:
(a)   satisfies Section 3.3.3.G; and
(b)   has an approved on-site inspection.
ii.   DPS must maintain a Home Health Practitioner Registry that is readily available for public inspection.
c.   Compliance and Enforcement
i.   If DPS receives a complaint about a Home Health Practitioner, an inspector must inspect the property and determine, within 90 days after receipt of the complaint, whether there is a violation of the provisions of Section 3.3.3.G.
ii.   If DPS determines that there is a violation, DPS may issue a warning notice, and the violation must be corrected within 30 days after the warning notice is issued.
(a)   In the case of any violation that could be remedied with a conditional use approval, a petition must be filed within 60 days after the warning notice is issued for a conditional use for a Home Health Practitioner under Section 3.3.3.G.4.
(b)   A hearing on a petition for a conditional use filed in the case of a Home Health Practitioner found to be in violation of Section 3.3.3.G must be scheduled within 30 days, or as soon as the Hearing Examiner's calendar permits. The Hearing Examiner does not have authority to grant the applicant any extension of the hearing in such a case.
(c)   Operation of the Home Health Practitioner may continue until the Hearing Examiner has acted on the petition, if the violation is corrected before the application for conditional use is filed. If the Hearing Examiner denies the conditional use application, the Home Health Practitioner must cease immediately or operate under the requirements for a Home Health Practitioner.
iii.   DPS may issue a citation under Division 7.8:
(a)   immediately, instead of a warning notice under Section 3.3.3.G.3.c.iii(b); or
(b)   30 days or more after the warning notice was issued under Section 3.3.3.G.3.c.iii(b).
H.   Home Occupation
1.   Defined, In General
Home Occupation means any occupation that provides a service or product and is conducted within a dwelling unit by a resident of the dwelling unit. Home Occupation does not include Home Health Practitioner (see Section 3.3.3.G, Home Health Practitioner), Bed and Breakfast (see Section 3.5.6.B, Bed and Breakfast), Day Care Facility (see Section 3.4.4, Day Care Facility), display of furniture not made in the home for sale in the home or at an off-site location, Landscape Contractor (see Section 3.5.5, Landscape Contractor), or Educational Institution (Private) (see Section 3.4.5, Educational Institution (Private)).
2.   Use Standards for all Home Occupations
a.   Screening under Division 6.5 is not required.
b.   To maintain the residential character of the dwelling:
i.   The use must be conducted by an individual or individuals residing in the dwelling unit.
ii.   The use must be conducted within the dwelling unit or any accessory building and not in any open yard area. The use must be subordinate to the use of the dwelling for residential purposes and require no external modifications that detract from the residential appearance of the dwelling unit.
iii.   Exterior storage of goods or equipment is prohibited.
iv.   The maximum amount of floor area used for the Home Occupation must not exceed 33% of the total eligible area of the dwelling unit and any existing accessory building on the same lot, or 1,500 square feet, whichever is less.
v.   An existing accessory building may be used for the Home Occupation, but external evidence of such use is prohibited. Only one accessory building may be used and it must be an eligible area.
vi.   Equipment or facilities are limited to:
(a)   domestic or household equipment;
(b)   office equipment; or
(c)   any equipment reasonably necessary for art production, handcrafts, or making beer or wine.
vii.   Any equipment or process that creates a nuisance or violates any law is prohibited in the operation of a Home Occupation.
viii.   A Home Occupation is prohibited to use, store, or dispose of:
(a)   a quantity of a petroleum product sufficient to require a special license or permit from The Fire Marshal; or
(b)   any material defined as hazardous or required to have a special handling license under State and County law.
ix.   Truck deliveries are prohibited, except for parcels delivered by public or private parcel services that customarily make residential deliveries.
x.   Display or storage of merchandise to be delivered must not be visible outside of the residence and must be contained within the maximum floor area available for the Home Occupation.
xi.   The storage of equipment or merchandise for collection by employees who will use or deliver it at off-site locations is prohibited.
xii.   A second kitchen in the home for catering or making food for off-site delivery or sales is prohibited.
xiii.   The maintenance or repair of motor vehicles for compensation is prohibited.
3.   Home Occupation (No Impact)
a.   Defined
Home Occupation (No Impact) means a Home Occupation that is not required to register with DPS, prohibits non-resident employees, and is not regulated under Section 7.3.1, Conditional Use.
b.   Use standards
Where a Home Occupation (No Impact) is allowed as a limited use, it must satisfy the following standards:
i.   The maximum number of visits and deliveries for all Home Occupations (No Impact) on-site is 5 per week. In R-90 and R-60 zones, a maximum of 2 vehicles visiting the Home Occupation (No Impact) may be parked on the lot at the same time.
ii.   In-person sale of goods is prohibited.
iii.   Display or storage of goods is limited to samples of merchandise that may be ordered by customers for delivery at other locations.
4.   Home Occupation (Low Impact)
a.   Defined
Home Occupation (Low Impact) means a Home Occupation that is limited to one non-resident employee in any 24-hour period and is required to register with DPS.
b.   Use Standards
Where a Home Occupation (Low Impact) is allowed as a limited use, it must satisfy the following standards:
i.   The maximum number of visits is 20 per week, and no more than 5 per day (excluding deliveries and the arrival and departure of any non-resident employee) for all Home Occupations on-site. In R-90 and R-60 zones , a maximum of 2 vehicles visiting the Home Occupation (Low Impact) may be parked on the lot at the same time.
ii.   In-person sale of goods is limited to:
(a)   handcrafts, art products or similar hand-made products or services such as dressmaking, hand-weaving, block-printing, jewelry, pottery, and musical instruments, which are produced on-site by a resident of the dwelling; and
(b)   no more than 5 sales per month of items ordered for delivery at a later date to customers at other locations (delivery of goods must occur off-site).
iii.   Display or storage of goods is limited to:
(a)   products listed in Section 3.3.3.H.4.b.ii.(a); and
(b)   samples of merchandise that may be ordered by customers for delivery at other locations.
iv.   The maximum number of Home Occupations (Low Impact) allowed in a single dwelling unit is 2.
v.   The applicant must provide valid proof of home address as established by Executive regulations under Method 2 of Chapter 2 (Section 2A-15).
vi.   In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
c.   Registration
Any Home Occupation (Low Impact) must register with DPS.
i.   Application Requirements
An application for registration must include the following:
(a)   a signed affidavit of compliance that affirms that the applicant:
(1)   satisfies the applicable standards in Section 3.3.3.H; and
(2)   will take whatever action is required by DPS to bring the Home Occupation (Low Impact) into compliance if complaints of noncompliance are received and verified;
(b)   the manner in which the operation of the Home Occupation (Low Impact) satisfies the use standards in Section 3.3.3.H;
(c)   the location of the lot by street address and either lot and block number or liber and folio;
(d)   the zone in which the lot is located;
(e)   area of the lot or parcel, in square feet or acres;
(f)   the total floor area of the dwelling unit and the amount of floor area to be used for the Home Occupation (Low Impact), as well as the floor area of any existing accessory building to be used for the Home Occupation (Low Impact);
(g)   the location and number of off-street parking spaces;
(h)   proof of home address; and
(i)   other pertinent information required by DPS.
ii.   Approval
(a)   DPS must issue a Certificate of Registration if the applicant:
(1)   satisfies Section 3.3.3.H; and
(2)   has an approved on-site inspection.
(b)   DPS must maintain a Home Occupation Registry that is readily available for public inspection.
iii.   Compliance and Enforcement
(a)   If DPS receives a complaint about a Home Occupation (Low Impact), an inspector must inspect the property and determine, within 90 days after receipt of the complaint, whether there is a violation of the provisions of Section 3.3.3.H.
(b)   If DPS determines that there is a violation, DPS may issue a warning notice, and the violation must be corrected within 30 days after the warning notice is issued.
(1)   In the case of any violation that could be remedied with a conditional use approval, a petition must be filed within 60 business days after the warning notice is issued for a conditional use for a Home Occupation (Major Impact) under Section 3.3.3.H.
(2)   A hearing on a petition for a conditional use filed in the case of a Home Occupation (Low Impact) found to be in violation of Section 3.3.3.H must be scheduled within 30 days, or as soon as the Hearing Examiner's calendar permits. The Hearing Examiner does not have authority to grant the applicant any extension of the hearing in such a case.
(3)   Operation of the Home Occupation (Low Impact) may continue until the Hearing Examiner has acted on the petition, if the violation is corrected before the application for conditional use is filed. If the Hearing Examiner denies the conditional use application, the Home Occupation (Low Impact) must cease immediately or operate under the requirements for a Home Occupation (Low Impact).
(c)   DPS may issue a citation under Division 7.8:
(1)   immediately, instead of a warning notice under Section 3.3.3.H.4.c.iii.(b); or
(2)   30 days or more after the warning notice was issued under Section 3.3.3.H.4.c.iii.(b).
5.   Home Occupation (Major Impact)
a.   Defined
Home Occupation (Major Impact) means a Home Occupation that is limited to 2 non-resident employees in any 24-hour period.
b.   Use Standards
i.   Where a Home Occupation (Major Impact) is allowed as a limited use, it must satisfy the following standards:
(a)   The maximum number of visits is 35 per week, and no more than 8 per day, excluding deliveries and the arrival and departure of any non-resident employee.
(b)   Visitors must wait inside the dwelling unit.
(c)   In-person sale of goods is limited to:
(1)   the products of dressmaking, hand-weaving, block-printing, the making of jewelry, pottery or musical instruments by hand, or similar arts or hand-crafts performed by a resident of the dwelling; and
(2)   a maximum of 5 sales per month of items ordered for delivery at a later date to customers at other locations (delivery of goods must occur off-site).
(d)   Display or storage of goods is limited to:
(1)   the products listed in Section 3.3.3.H.5.b.i.(c); and
(2)   samples of merchandise that may be ordered by customers for delivery at other locations.
(e)   Display or storage of merchandise to be delivered must not be visible outside of the residence and must be contained within the maximum floor area available for the Home Occupation.
(f)   Home Occupation (Major Impact) may not be on a site that is already approved for another conditional use under Section 7.3.1, Conditional Use or Home Health Care Practitioner.
(g)   The applicant must provide valid proof of home address as established by Executive regulations under Method 2 of Chapter 2 (Section 2A-15).
(h)   Screening under Division 6.5 is not required.
ii.   Where a Home Occupation (Major Impact) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use, and the following standards:
(a)   The maximum number of visits and deliveries is determined by the Hearing Examiner.
(b)   An indoor waiting room must be provided.
(c)   In-person sale of goods is limited to:
(1)   the products of dressmaking, hand-weaving, block-printing, the making of jewelry, pottery or musical instruments by hand, or similar arts or hand-crafts performed by a resident of the dwelling; and
(2)   a maximum of 5 sales per month of items ordered for delivery at a later date to customers at other locations (delivery of goods must occur off-site).
(d)   Display or storage of goods is limited to:
(1)   the products listed in Section 3.3.3.H.5.b.iii.(a); and
(2)   samples of merchandise that may be ordered by customers for delivery at other locations.
(e)   Display or storage of merchandise to be delivered must not be visible outside of the residence and must be contained within the maximum floor area available for the Home Occupation.
(f)   The Hearing Examiner may grant a conditional use for a Home Occupation (Major Impact) on the same site as a Home Occupation (Low Impact), a Home Occupation (No Impact), or a Home Health Practitioner if the Hearing Examiner finds that both together can be operated in a manner that satisfies Section 3.3.3.H.5 and Section 7.3.1, Conditional Use.
(g)   The Hearing Examiner must not grant a conditional use for a Home Occupation (Major Impact) where the site is already approved for any other conditional use under Section 7.3.1,Conditional Use.
(h)   The applicant must provide valid proof of home address as established by Executive regulations under Method 2 of Chapter 2 (Section 2A-15).
(i)   Screening under Division 6.5 is not required.
(j)   In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
I.   Short-Term Residential Rental
1.   Defined
Short-Term Residential Rental means the residential occupancy of a dwelling unit for a fee for less than 30 consecutive days. Short-Term Residential Rental is not a Bed and Breakfast.
2.   Use Standards
Where Short-Term Residential Rental is allowed as a limited use, it must satisfy the following standards:
a.   Short-Term Residential Rental is prohibited in a Farm Tenant Dwelling or on a site that includes an Accessory Dwelling Unit.
b.   The dwelling unit used as a Short-Term Rental must be the property owner's or owner-authorized resident's primary residence, regardless of dwelling unit type.
c.   If the property owner or owner-authorized resident is not present in the residence, the property can be used as a Short-Term Residential Rental for a maximum of 120 days in a calendar year. If the property owner or owner-authorized resident is physically present and occupies the resi- dence during the rental stay, there is no limitation on the number of days the property can be used as a Short-Term Residential Rental.
d.   The use must be licensed under Chapter 54.
e.   The maximum number of occupants is limited by Chapter 26, Section 5; however, the total number of overnight guests in the Short-Term Residential Rental who are 18 years or older is limited to six, and the total number of overnight guests over 18 years of age per bedroom is limited to two.
f.   One off-street parking space must be provided for each rental contract unless the online listing indicates that vehicle parking is prohibited.
(Legislative History: Ord. No. 18-08, § 3; Ord. No. 18-39, § 2; Ord. No. 18-30, § 3; Ord. No. 18-53, § 2; Ord. No. 19-06, § 3; Ord. No. 20-01, § 2; Ord. No. 20-09, § 4.)