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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 3.5.13. Vehicle Service
A.   Automobile Storage Lot
1.   Defined
Automobile Storage Lot means the storage of automobiles in connection with a towing operation. Automobile Storage Lot does not include the storage of junked cars.
2.   Use Standards
a.   Where a Car Wash is allowed as a limited use, it must satisfy the follow-ing standards:
i.   When a Car Wash occupies a corner lot, driveways must be located a minimum of 20 feet from the intersection of the rights-of-way.
ii.   Obstructions which adversely affect visibility at intersections or to the Car Wash driveways are prohibited.
iii.   All driveways must be perpendicular to the curb or street line.
iv.   Vehicle stacking space must be equivalent to 5 times the vehicle capacity of the automatic car wash or 3 times the vehicle capacity of the manual car wash bays.
v.   The applicant must demonstrate that the vehicles using the Car Wash will not queue off-site.
vi.   Where the subject lot abuts or confronts a property zoned Residential that is vacant or improved with a residential use:
(a)   All buildings must be set back a minimum of 100 feet from the abutting residential lot line; and
(b)   All parking and drive aisles for vehicles must be set back a mini-mum of 50 feet from the abutting residential lot line.
b.   Where a Car Wash is allowed as a conditional use, it may be permitted by the Hearing Examiner under all limited use standards and Section 7.3.1, Conditional Use.
B.   Car Wash
1.   Defined
Car Wash means any structure or land with mechanical or hand-operated facilities used for cleaning, washing, polishing, or waxing of motor vehicles.
2.   Use Standards
a.   Where a Car Wash is allowed as a limited use, it must satisfy the following standards:
i.   When a Car Wash occupies a corner lot, driveways must be located a minimum of 20 feet from the intersection of the rights-of-way.
ii.   Obstructions which adversely affect visibility at intersections or to the Car Wash driveways are prohibited.
iii.   All driveways must be perpendicular to the curb or street line.
iv.   Vehicle stacking space must be equivalent to 5 times the vehicle capacity of the automatic car wash or 3 times the vehicle capacity of the manual car wash bays.
v.   The applicant must demonstrate that the vehicles using the Car Wash will not queue off-site.
vi.   Where the subject lot abuts or confronts a property zoned Residential that is vacant or improved with a residential use:
(a)   All buildings must be set back a minimum of 100 feet from the abutting residential lot line; and
(b)   All parking and drive aisles for vehicles must be set back a minimum of 50 feet from the abutting residential lot line.
b.   Where a Car Wash is allowed as a conditional use, it may be permitted by the Hearing Examiner under all limited use standards and Section 7.3.1, Conditional Use.
C.   Filling Station
1.   Defined
Filling Station means a facility used primarily to dispense motor vehicle fuels or otherwise provide energy to a consumer’s vehicle by any technology. Filling Station includes minor repair services as an accessory use and an accessory car wash where mechanical or hand-operated facilities used for the cleaning, washing, polishing, or waxing of motor vehicles are limited to 2 bays. Filling Station does not include storage or parking offered for rent, except for car-share space.
2.   Use Standards
Where Filling Station 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.   Access to the site from a street with a residential classification is prohibited if:
i.   it is the only access to the Filling Station, or
ii.   it is the primary entrance to a Filling Station with more than 1 entrance.
The Hearing Examiner may allow a Filling Station with access on a residential street as a secondary entrance if it finds that the access will not have an adverse impact on neighboring residential houses.
b.   Site lighting is a maximum of 0.1 footcandles at the lot line when the subject lot abuts a Residential zone. Site lighting is a maximum of 0.5 footcandles at the lot line when the subject lot abuts all other zones.
c.   Any Filling Station facility designed to dispense a minimum of 3.6 million gallons per year must be located at least 500 feet from the lot line of any land with a dwelling unit; public or private school; park; playground; day care center; any outdoor use categorized as a Civic and Institutional use or a Recreation and Entertainment use; or any wetland, stream, river, flood plain, or environmentally sensitive area.
d.   Product displays, parked vehicles, and other obstructions that adversely affect visibility at intersections or to station driveways are prohibited.
e.   When such use occupies a corner lot, the driveways must be located a minimum of 20 feet from the intersection of the rights-of-way and must not exceed 30 feet in width.
f.   Each gasoline pump or other service appliance must be located on the lot a minimum of 10 feet behind the setback line; and all service, storage, or similar activities in connection with the use must be conducted entirely within the building, except for car-share space.
g.   There must be a minimum of 20 feet between driveways on each street, and each driveway must be perpendicular to the curb or street line. The Hearing Examiner may waive the perpendicular driveway requirement if the Department of Transportation deems the alternative safe.
h.   Vehicle parking that overhangs the public right-of-way is prohibited.
i.   If the Filling Station facility includes a car wash, it must:
i.   provide vehicle stacking space equivalent to 5 times the vehicle capacity of the automatic car wash and 3 times the vehicle capacity of the manual car wash bays; and
ii.   demonstrate that the vehicles using the car wash will not queue off-site.
j.   The Hearing Examiner must find there is adequate parking for all accessory uses.
D.   Repair (Commercial Vehicle)
Defined
Repair (Commercial Vehicle) means the repair, service, or accessory installation for aircraft or commercial vehicles, including box trucks, 18-wheelers, and construction and other heavy equipment. Repair (Commercial Vehicle) includes the sale of fuel for aircraft.
E.   Repair (Major)
1.   Defined
Repair (Major) means an establishment where general vehicle repair and service is conducted, including engine and transmission replacement or rebuild, body, and paint shops. Repair (Major) does not include repair or services for commercial vehicles or heavy equipment (see Section 3.5.13.D, Repair (Commercial Vehicle)).
2.   Use Standards
a.   Where Repair (Major) is allowed as a limited use, and the subject lot abuts or confronts a property zoned Residential that is vacant or im-proved with a residential use, it is subject to the following standards:
i.   All buildings must be set back a minimum of 100 feet from the abutting residential lot line.
ii.   All parking and storage for vehicles must be set back a minimum of 50 feet from the abutting residential lot line.
iii.   The minimum site is 20,000 square feet if not fully contained in a structure.
iv.   Access to the site from a street with a residential classification is prohibited.
b.   In the EOF zone, the tract on which a Repair (Major) use is allowed must also be:
i.   less than 10 acres in size; and
ii.   located at least 3,000 feet from a Metrorail Station;
iii.   abutting land that is not zoned in a rural residential or residential classification with any residential use located on the abutting land; and
iv.   abutting 2 or more rights-of-way; at least one of the abutting rights-of-way must be classified as a freeway and one other abutting right-of-way must be classified as an an Area Connector or higher classification roadway.
c.   Where Repair (Major) is allowed as a conditional use, it may be permitted by the Hearing Examiner under all limited use standards and Section 7.3.1, Conditional Use.
F.   Repair (Minor)
1.   Defined
Repair (Minor) means an establishment where minor vehicle repair and service is conducted, including audio and alarm installation, custom accessories, quick lubrication facilities, scratch and dent repair, bed-liner installation, tires, brakes, mufflers, and glass repair or replacement. Repair (Minor) does not include repair or services for commercial vehicles or heavy equipment (see Section 3.5.13.D, Repair (Commercial Vehicle)).
2.   Use Standards
a.   Where Repair (Minor) is allowed as a limited use, and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential that is vacant or improved with an agricultural or residential use, it must satisfy the following standards:
i.   All buildings must be set back a minimum of 50 feet from the abutting residential lot line.
ii.   All parking and storage for vehicles must be set back a minimum of 25 feet from the abutting residential lot line.
iii.   The minimum site is 20,000 square feet.
iv.   Access to the site from a street with a residential classification is prohibited.
v.   In the CRT zone, site plan approval is required under Section 7.3.4.
b.   Where Repair (Minor) is allowed as a conditional use, it may be permitted by the Hearing Examiner under all applicable limited use standards, Section 7.3.1, Conditional Use, and the following standards:
In the NR zone:
i.   This use must be conducted entirely within a building containing a maximum of 3 service bays.
ii.   Product displays, parked vehicles, and other obstructions that adversely affect visibility at intersections or to station driveways are prohibited.
iii.   When a Repair (Minor) use occupies a corner lot, the driveways must be located a minimum of 20 feet from the intersection of the rights- of-way and must not exceed 30 feet in width.
iv.   There must be a minimum of 20 feet between driveways, and each driveway must be perpendicular to the curb or street line. The Hearing Examiner may waive the perpendicular driveway requirement if the Department of Transportation deems the alternative safe.
v.   Vehicle parking that overhangs the public right-of-way is prohibited.
(Legislative History: Ord. No. 18-07, § 1; Ord. No. 18-13, § 2; Ord. No. 19-39, § 5; Ord. No. 20-09, § 6.)