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COMCOR - Code of Montgomery County Regulations
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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 3.4.2. Charitable, Philanthropic Institution
A.   Defined
1.   Charitable, Philanthropic Institution means a private, tax-exempt organiza-tion whose primary function is to provide:
a.   services, research, or educational activities in areas such as health and social services;
b.   housing and support services for persons who are present as a result of treatment or care being provided to a member of their household by a federal treatment facility or a Hospital;
c.   recreation; or
d.   environmental conservation.
2.   Charitable, Philanthropic Institution does not include a trade or business whose primary purpose or function is promoting the economic advancement of its members, such as a professional or trade association or a labor union. Charitable, Philanthropic Institution also does not include other uses specifically defined or regulated in this Chapter such as a: Religious Assembly (See Section 3.4.10, Religious Assembly), public or private educational institution (See Section 3.4.5, Educational Institution (Private) and Section 3.4.9, Public Use (Except Utilities)), library or museum (See Section 3.4.3, Cultural Institution), Private Club, Service Organization (See Section 3.4.8, Private Club, Service Organization), Hospital (See Section 3.4.6, Hospital), Residential Care Facility (See Section 3.3.2.E, Residential Care Facility), or Independent Living Facility for Senior Adults or Persons with Disabilities (See Section 3.3.2.C, Independent Living Facility for Seniors or Persons with Disabilities).
B.   Use Standards
1.   Where a Charitable, Philanthropic Institution is allowed as a limited use, it must satisfy the following standards:
a.   The Charitable, Philanthropic Institution must be primarily for the provision of support and hospitality services for persons who are present as a result of treatment or care being provided to a member of their household by a federal treatment facility or a Hospital.
b.   Services may be provided daily, during any hours, to persons who are not permanent residents of the premises but are present as a result of treatment or care being provided to a member of their household by a federal treatment facility or a Hospital.
c.   The support and hospitality services are provided without payment.
d.   For properties that front on and have direct access to a public road with a master-planned right-of-way of 120 feet or greater, food may be prepared on the premises for off-site consumption but must be provided without payment.
e.   The Charitable, Philanthropic Institution must use an existing detached house and must retain the appearance of a detached house.
f.   The maximum number of guests that may reside on the property at one time is 8, excluding:
i.   resident staff; or
ii.   children younger than 2 months of age, when present with a parent or legal guardian.
g.   A maximum of 2 resident staff may live on-site.
h.   One parking space is required for each resident staff member. A minimum of 0.25 parking spaces is required for each guest bed.
2.   Where a Charitable, Philanthropic Institution 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.   Screening under Division 6.5 is required for outdoor recreation facilities.
b.   Any lighting associated with outdoor recreation facilities must satisfy Section 6.4.4.
c.   In the AR, R, RC, and RNC:
i.   A Charitable, Philanthropic Institution must re-use an existing building. The Hearing Examiner may waive this restriction to approve a residential camp for seriously ill children and their immediate family members, operated or sponsored by a non-profit organization under the following conditions. Immediate family members may attend sessions jointly with or separate from the sessions attended by the children. Separate sessions for immediate family members are only permitted as a secondary camp activity. The camp may include facilities for overnight accommodations and for support services related to camp activities. The camp must be compatible with adjacent land uses.
ii.   The site fronts on and has direct access to a public road built to Area Connector or higher road standards. Frontage on and access to an Area Connector or higher standard is not required where the Hearing Examiner finds that road access by a Neighborhood Connector, Neighborhood Street or Neighborhood Yield Street will be safe and adequate for the anticipated traffic to be generated.
iii.   The minimum side setback is twice that required for a detached house.
iv.   The minimum lot width at the front lot line is twice that required for a detached house.
v.   The minimum green area is 50%.
vi.   The maximum coverage is half of the maximum allowed for a detached house.
vii.   The maximum FAR is 0.2.
d.   In the R and RC zones, the maximum lot area is 5 acres.
e.   In the AR and RNC zones, the minimum lot area is twice that required for a detached house and the maximum lot area is 2 acres.
f.   In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
g.   In the RE-2, RE-2C, RE-1, R-200, R-90, and R-60 zones:
i.   The site fronts on and has direct access to a road built to Neighbor-hood Connector or higher standards. Access to a corner lot may be from a Neighborhood Connector street, if the Hearing Examiner finds this access to be appropriate and not detrimental to existing residential uses on that Neighborhood Connector street.
ii.   The minimum side setback is twice that required for a detached house.
iii.   The minimum lot width at the front lot line is twice that required for a detached house.
iv.   The maximum FAR is 0.25.
v.   For residential and office uses, if located in a lawfully existing building, the standards in Section 3.4.2.B.2.g.ii and Section 3.4.2.B.2.g.iv do not apply.
h.   In the R-90 and R-60 zones, the minimum green area is 50% and the maximum building height is 35 feet.
i.   In the R-200 zone, the minimum green area is 60% and the maximum building height is 50 feet.
j.   In the RE-2, RE-2C, and RE-1 zones, the minimum green area is 70%.
C.   Waivers
1.   If a property is designated as an historic resource by the Master Plan for Historic Preservation, the Hearing Examiner may waive the standards in Section 3.4.2.B.3.b through Section 3.4.2.B.3.g and Section 3.4.2.B.4 through Section 3.4.2.B.10.
2.   If the Charitable, Philanthropic Institution conditional use approval is for a new building located on the property of an existing Religious Assembly, the Hearing Examiner may waive the standards in Section 3.4.2.B.3.b and Section 3.4.2.B.7.a.
3.   To grant a waiver under Section 3.4.2.C.1 and Section 3.4.2.C.2, the Hearing Examiner must find that:
a.   Road access will be safe and adequate for the anticipated traffic to be generated;
b.   Road access will not have a significantly adverse impact on the surrounding neighborhood; and
c.   The grant of the waiver will not cause other significant adverse impacts on the surrounding neighborhood.
(Legislative History: Ord. No. 18-05, § 1; Ord. No. 19-21, § 1; Ord. No. 19-39, § 4; Ord. No. 20-01, § 3.)