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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 3.5.10. Recreation and Entertainment
A.   Adult Entertainment
1.   Defined
Adult Entertainment means an establishment that:
a.   sells, rents, exhibits, or displays adult entertainment materials using a floor area that is more than 10% of the total floor area for selling, renting, exhibiting, or displaying all materials;
b.   features nude persons in adult entertainment performances; or
c.   otherwise requires a County license as an Adult Entertainment business.
2.   Use Standards
Where Adult Entertainment is allowed as a limited use, it must satisfy the following standards:
a.   The adult entertainment materials must not be visible from outside the establishment.
b.   Access to the adult entertainment materials must be prohibited to any person under the age of 18 years.
c.   The Adult Entertainment business must be located a minimum of 750 feet from any property that is
i.   located in a Residential zone; or
ii.   on which a school, library, park, playground, recreational facility, day care center, place of worship, or other Adult Entertainment business is located as a principal use.
The distance must be measured in a straight line from the nearest lot line of the subject property to the nearest point of the boundary line of any property located in a Residential zone, or on which a school, library, park, playground, recreational facility, day care center, place of worship or other Adult Entertainment business is located.
d.   An Adult Entertainment business may continue as a nonconforming use if a school, library, park, playground, recreational facility, day care center, place of worship, or Agricultural or Residential zone is established within 750 feet of the Adult Entertainment business after the business was established.
e.   An Adult Entertainment business may operate only between the hours of 9:00 a.m. and 11:00 p.m.
f.   If adult booths are located on the premises:
i.   The booths must be physically arranged so that the entire interior portion of the booth is visible from the common areas of the premises;
ii.   Doors or curtains that screen the booth’s interior from the common areas of the premises are prohibited;
iii.   The booths must be designed to prevent physical contact with another person;
iv.   The booths must be illuminated at all times;
v.   Holes in the partitions between the adult booths are prohibited; and
vi.   Persons under the age of 18 are prohibited from entering the premises.
B.   Campground
1.   Defined
Campground means a parcel, lot, or tract of land used for 2 or more tent or recreational vehicle campsites. Campground does not include sites for manufactured homes.
2.   Use Standards
Where a Campground 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.   In the R zone, applicants may choose to apply the standards under either Section 3.5.10.B.2.b. or Section 3.5.10.B.2.c.
b.   In the R and RE-2C zones:
i.   The maximum density of campsites is 15 campsites per acre of the developed portion of the Campground, inclusive of service roads, toilet facilities and service buildings.
ii.   Each campsite, excluding parking space, is a minimum of 900 square feet.
iii.   The site is a minimum of 10 acres and has a minimum frontage of 150 feet abutting a public right-of-way unless the Hearing Examiner waives the requirement for a minimum frontage where it finds that access for vehicular traffic is adequate.
iv.   All campsites are located a minimum of 100 feet from any property line, and a minimum of 125 feet from the centerline of any public right-of-way.
v.   Screening under Division 6.5 is not required.
c.   In the AR, R, and RC zones:
i.   Campground must be located on a property used for Farming as defined in Section 3.2.6.
ii.   The minimum size of the property must be 25 acres.
iii.   No more than 5 percent of the property or 5 acres, whichever is smaller, may be used for a Campground.
iv.   All campsites are located a minimum of 100 feet from any property line, and a minimum of 125 feet from the centerline of any public right-of- way.
v.   The maximum number of tents, recreational vehicles, or other sleeping accommodations is as follows:
(a)   for a property that is 25 to 100 acres, a maximum of 5 tents, recreational vehicles, or other sleeping accommodations is permitted; and
(b)   for a property that is over 100 acres, a maximum of 10 tents, recreational vehicles, or other sleeping accommodations is permitted, with a maximum of 5 recreational vehicles.
vi.   The maximum size of each tent or other sleeping accommodations is a gross floor area of 200 square feet.
vii.   No heating, ventilation, and air conditioning (HVAC) systems or kitchens are permitted within the same structure as the sleeping quarters, unless inside a recreational vehicle.
viii.   No gas-powered generators are permitted attached to the same structure as the sleeping quarters, unless attached to a recreational vehicle.
ix.   DPS approved sanitation facilities are only permitted in a structure separate from the sleeping quarters, unless inside a recreational vehicle.
x.   A guest may stay a maximum of 3 consecutive nights.
xi.   No sleeping accommodations may have permanent location on the ground, including the pouring of concrete or the laying of a permanent foundation.
xii.   All sleeping accommodations must be made of a combination of materials that is easily relocatable.
xiii.   No tents, recreational vehicles, or other sleeping accommodations are permitted within a stream buffer or floodplain, and the cutting down of trees for this use is prohibited.
C.   Conference Center
1.   Defined
Conference Center means a facility for conducting meetings, discussions, and conferences. Conference Center includes meeting rooms, auditoriums, cafeterias, dining rooms, recreational uses, and supporting services designed to accommodate planned meetings. Conference Center does not include a Hotel, Motel (see Section 3.5.6.C, Hotel, Motel).
2.   Use Standards
Where a Conference Center is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use.
D.   Golf Course, Country Club
1.   Defined
Golf Course , Country Club means the course and surrounding land maintained for the game of golf, including accessory maintenance facilities, putting greens and driving ranges, and club houses that may contain locker rooms, restaurants, pro shops, tennis courts, and pools. Golf Course , Country Club includes the provision of food, refreshments, and entertainment for club or organization members and their guests.
2.   Use Standards
Where a Golf Course, Country Club 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 coverage is no more than 3%.
b.   The minimum setback for a principal building is 50 feet.
c.   In a Residential zone, the minimum frontage is 200 feet on a road of Area Connector or higher classification.
d.   All major outdoor activity areas, golf course playing surfaces, and accessory uses such as tennis courts and swimming pools must be set back a minimum of 100 feet from lot lines abutting a property in a Residential Detached zone. The Hearing Examiner may reduce this setback where it finds that landscaping, screening, fencing or other measures can mitigate the adverse effects on the abutting residential use.
e.   Screening under Division 6.5 is not required.
E.   Health Clubs and Facilities
1.   Defined
Health Clubs and Facilities means any establishment designed to enhance the physical conditioning and general health of participants. Health Clubs and Facilities includes dance, martial arts, and yoga studios.
2.   Use Standards
Where Health Clubs and Facilities is allowed as a limited use, it must satisfy the following standards:
a.   In the CRN zone, if the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section 7.3.4.
b.   In the NR zone, the maximum size is 40% of the gross floor area in non-residential use. The gross floor area in non-residential use must be calculated after any reconstruction or enlargement.
F.   Recreation and Entertainment Facility, Indoor (Capacity up to 1,000 Persons)
1.   Defined
Recreation and Entertainment Facility, Indoor (Capacity up to 1,000 Persons) means a building with a capacity up to 1,000 people that provides recreation or entertainment activities such as sport facilities, theaters, and dance clubs. Recreation and Entertainment Facility, Indoor does not include Shooting Range (Indoor) (see Section 3.5.10.I, Shooting Range (Indoor)) or Health Clubs and Facilities (see Section 3.5.10.E, Health Clubs and Facilities).
2.   Use Standards
a.   Where a Recreation and Entertainment Facility, Indoor (Capacity up to 1,000 Persons) is allowed as a limited use, its capacity is limited to 250 people. A conditional use application may be filed with the Hearing Examiner to increase capacity up to 1,000 people.
b.   Where a Recreation and Entertainment Facility, Indoor (Capacity up to 1,000 Persons) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use and the following standard:
The Hearing Examiner may deny the application if it finds the use would be inconsistent with the intent of the zone due to the facility’s size, intensity, level of noise, traffic activity, hours of operation, or lighting.
G.   Recreation and Entertainment Facility, Outdoor (Capacity up to 1,000 Persons)
1.   Defined
Recreation and Entertainment Facility, Outdoor (Capacity up to 1,000 Persons) means a structure or land with a capacity up to 1,000 people providing recreation activities outside of a building. Recreation and Entertainment Facility, Outdoor includes golf driving range, but does not include Golf Course, Country Club (see Section 3.5.10.D, Golf Course, Country Club), or Shooting Range (Outdoor) (see Section 3.5.10.J, Shooting Range (Outdoor)).
2.   Use Standard
Where a Recreation and Entertainment Facility, Outdoor (Capacity up to 1,000 Persons) 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.   In the RE-2C zone:
i.   Only a group picnic, catering and recreation facility is allowed.
ii.   The site must be a minimum of 80 acres.
iii.   The maximum building height is 50 feet.
iv.   Any structure or building must be set back from any lot line a minimum of 50 feet.
v.   The site must have direct access to a public road that is built to Neighborhood Collector or higher standards.
vi.   Screening under Division 6.5 is only required for outdoor catering and recreational facilities.
vii.   Off-street parking must be sufficient to accommodate the number of people participating in the events.
b.   In the R-200 zone:
i.   Only an outdoor catering facility is allowed. An enclosed food preparation building is allowed but all catering parties must be held under pavilions, or in the open, and may include various recreational activities.
ii.   The site must be a minimum of 80 acres.
iii.   The maximum building height is 20 feet.
iv.   Any structure, building, or parking area must be setback from any lot line a minimum of 100 feet.
v.   The site must have direct access to a public road that is built to Neighborhood Collector or higher standards.
c.   In the Commercial/Residential, Employment, and Industrial zones, in addition to screening under Division 6.5, when the use abuts a lot in any Residential zone, a solid wall or solid fence a minimum of 6 feet in height must be constructed and maintained between the use and the lot line.
d.   Parking must be sufficient to accommodate the number of people participating in the events.
e.   The Hearing Examiner may deny the application if it finds the use would be inconsistent with the intent of the zone due to the facility’s size, intensity, level of noise, traffic activity, hours of operation, or lighting.
H.   Recreation and Entertainment Facility, Major (Capacity over 1,000 Persons)
1.   Defined
Recreation and Entertainment Facility, Major (Capacity over 1,000 Persons) means a structure or land for performances, cultural or sporting events, or general public interest events that is a place of assembly for over 1,000 participants or attendees.
2.   Use Standards
Where a Recreation and Entertainment Facility, Major (Capacity over 1,000 Persons) 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.   In the RE-2C zone:
i.   Only a group picnic, catering and recreation facility is allowed.
ii.   The site must be a minimum of 80 acres.
iii.   The maximum building height is 50 feet.
iv.   Any structure or building must be set back from any lot line a minimum of 50 feet.
v.   The site must have direct access to a public road that is built to Neighborhood Connector or higher standards.
vi.   Screening under Division 6.5 is only required for outdoor catering and recreational facilities.
vii.   Off-street parking must be sufficient to accommodate the number of people participating in the events and adequately screened.
b.   In the Commercial/Residential, Employment, and Industrial zones, in addition to screening under Division 6.5, when the use abuts a lot in any Residential zone, a solid wall or solid fence a minimum of 6 feet in height must be constructed and maintained between the use and the lot line.
c.   If the use is outdoors, parking must be sufficient to accommodate the number of people participating in the events.
d.   The Hearing Examiner may deny the application if it finds the use would be inconsistent with the intent of the zone due to the facility’s size, intensity, level of noise, traffic activity, hours of operation, or lighting.
I.   Shooting Range (Indoor)
1.   Defined
Shooting Range (Indoor) means an area in a building with targets for rifle or handgun practice.
2.   Use Standard
Where a Shooting Range (Indoor) is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use.
J.   Shooting Range (Outdoor)
1.   Defined
Shooting Range (Outdoor) means any structure, not including a building, or land with targets for rifle, pistol, skeet, or trap shooting practice.
2.   Use Standard
Where a Shooting Range (Outdoor) 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.   Adjacent areas are predominantly undeveloped.
b.   The hours of operation are compatible with an existing uses.
c.   The use is established for a maximum of 3 years, but may be renewed by the Hearing Examiner.
d.   In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
(Legislative History: Ord. No. 19-39, § 5; Ord. No. 20-13, § 2.)