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COMCOR - Code of Montgomery County Regulations
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 3.5.14. Accessory Commercial Uses
A.   Amateur Radio Facility (Up to 65 Feet in Height)
Defined
Amateur Radio Facility (Up to 65 Feet in Height) means any structure used for personal, noncommercial radio communications licensed by the Federal Communications Commission up to 65 feet in height.
B.   Amateur Radio Facility (Over 65 Feet in Height)
1.   Defined
Amateur Radio Facility (Over 65 Feet in Height) means any structure used for personal, non-commercial radio communications licensed by the Federal Communications Commission over 65 feet in height.
2.   Use Standards
Where an Amateur Radio Facility (Over 65 Feet in Height) is allowed, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use and the following standards:
a.   The applicant must demonstrate that the additional height is the minimum needed to engage in radio communications under a license issued by the Federal Communications Commission.
b.   Screening under Division 6.5 is not required.
C.   Antenna on Existing Structure
1.   Defined
Antenna on Existing Structure means one or more antennas attached to an existing support structure, including a building, a transmission tower, a monopole, a light pole, a utility pole, a water tank, a silo, a barn, a sign, or an overhead transmission line support structure. Antenna on Existing Structure includes related equipment.
2.   Use Standards
Where an Antenna on Existing Structure is allowed as a limited use, it must satisfy the following standards:
a.   Antennas are limited to the following types and dimensions:
i.   an antenna that satisfies one of the Antenna Dimensions standards in Section 59.3.5.2.C.1.b; and
ii.   satellite, radar, or microwave dish antennas with a maximum diameter of 8 feet. If the building includes a media broadcast studio, a dish may have a maximum diameter of 22 feet.
b.   Signs or illumination on the antennas or support structure are prohibited unless required by the Federal Communications Commission, the Federal Aviation Administration, or the County.
c.   Associated equipment must be located in an unmanned building, equipment cabinet, or equipment room in an existing building. An equipment building must satisfy the following standards:
i.   An equipment building must satisfy the following standards:
(a)   It is a maximum of 560 square feet in area; however, a single equipment building in excess of 560 square feet, located at ground level, may be used if:
(1)   the overall maximum square footage is 1,500 square feet and the maximum height is 12 feet;
(2)   the building is used for more than one telecommunications provider operating from the same monopole or tower; and
(3)   the building is reviewed by the Telecommunications Transmission Facility Coordinating Group under Chapter 2 (Section 2-58E).
(b)   It is a maximum of 14 feet in height, including the support structure for the equipment building.
(c)   If the equipment building is greater than 4 feet in height and is in a Residential zone, or the nearest abutting property is in a Residential zone, the building must be faced with brick or other material compatible with the surrounding neighborhood on all sides.
ii.   If an equipment cabinet and any supporting platform are greater than 4 feet in height, and service an Antenna on Existing Structure that is not a utility pole, streetlight pole, or site plan approved parking lot light pole, and if the Existing Structure is in a Residential zone, or the nearest abutting property to the Existing Structure is in a Residential zone, then the equipment must be surrounded by landscaping of at least 3 feet in height.
iii.   If an equipment cabinet services an Antenna on Existing Structure and the Existing Structure is a utility pole, streetlight pole, or site plan approved parking lot light pole, the equipment cabinet:
(a)   must not exceed a maximum volume of 12 cubic feet; and
(b)   must be the same color or pattern as the existing structure, unless it is a stealth design approved by the Department of Transportation.
d.   Except under Section 3.5.14.C.2.e, when mounted on a rooftop or structure located outside of a right-of-way, the antenna must meet the following standards:
i.   An antenna is prohibited:
(a)   on any detached house, duplex, or townhouse building type or an accessory structure associated with either building type; and
(b)   in any scenic setback indicated in a master plan.
ii.   An antenna and a related unmanned equipment building or cabinet may be installed on a rooftop, if a building is a minimum height of:
(a)   50 feet in any Residential Detached, Rural Residential, or Planned Unit Development zone, and must be mounted in an antenna enclosure the same color or design as the building; or
(b)   20 feet in any Residential Multi-Unit, Commercial/Residential, Employment, or Industrial zone, and must be mounted in an antenna enclosure the same color or design as the building.
iii.   An antenna may be mounted on the facade of a building at a mini- mum height of:
(a)   50 feet in a Residential Detached zone; or
(b)   30 feet in any Residential Multi-Unit, Commercial/Residential, Employment, and Industrial zone.
iv.   The antenna must not be attached to the support structure for:
(a)   an antenna that is part of an Amateur Radio Facility licensed by the Federal Communications Commission; or
(b)   an antenna to receive television imaging in the home.
e.   An antenna classified as Standard A under Section 3.5.2.C.1.b may be installed on any existing structure located in the right-of-way in any zone where an antenna on an existing structure is allowed, if:
i.   the antenna is in an enclosure and the enclosure is the same color or pattern as the existing structure;
ii.   the antenna and the antenna enclosure is installed at a minimum height of 15 feet; and
iii.   the Antenna on Existing Structure is at least 30 feet from a building intended for human occupation in a Rural Residential, Residential, or Planned Unit Development zone, and at least 10 feet from any structure in any Commercial/Residential, Employment, or Industrial zone.
f.   Antennas installed under Section 3.5.14.C.2.e.iii. must meet the following use standards:
i.   Whenever it is legally and technically feasible, an Antenna on Existing Structure located 90 feet or less from a building intended for human occupation in a Rural Residential, Residential, or Planned Unit Development zone should be located closest to intersections, closest to property lines between dwellings, along the non-front-facing side of residential properties, or along abutting properties used for a non-residential purpose. In addition, the Antenna on Existing Structure must be at least 5 feet from the area between two parallel lines extending from the sides of a residential front door. If the applicant cannot meet the foregoing standards, the applicant must include in their application an affidavit proving that either permission from the pole owner cannot be obtained or service cannot be provided using a pole at an alternate location.
ii.   An Antenna on Existing Structure must be located at least 150 feet from the nearest antenna occupied or controlled by the same carrier.
iii.   An Antenna on Existing Structure must be removed within 30 days of deactivation.
iv.   The owner of the Antenna on Existing Structure must maintain the Antenna on Existing Structure in a safe condition. The owner must remove graffiti and repair damage to the facility.
D.   Commercial Kitchen
1.   Defined
Commercial Kitchen means a part of a building that is accessory to Religious Assembly (Section 3.4.10) or Public Use (Except Utilities) (Section 3.4.9) and satisfies the requirements of Chapter 15 for the preparation of food that could be sold to the public.
2.   Use Standards
Where a Commercial Kitchen is allowed as a limited use, it must satisfy the following standards:
a.   The Commercial Kitchen must occupy less than 5% of the floor area of all buildings on the tract of land under common ownership on which it is located.
b.   The Commercial Kitchen cannot be used as part of an on-site Eating and Drinking establishment (Section 3.5.3).
c.   A minimum of one parking space, on-site or off-site, per kitchen user is required.
d.   The Commercial Kitchen can be used for the preparation of food for public consumption off-site only between the hours of 6:00 a.m. to 9:00 p.m. weekdays and 8:00 a.m. to 9:00 p.m. weekends.
E.   Drive-Thru
1.   Defined
Drive-Thru means a facility where the customer is served while sitting in a vehicle. Drive-Thru includes drive-thru restaurants, banks, and pharmacies, but does not include Filling Station (see Section 3.5.13.C, Filling Station).
2.   Use Standards
a.   Where a Drive-Thru is allowed as a limited use, it must satisfy the following standards:
i.   A Drive-Thru, including the queuing area, must be located a minimum of 100 feet from any property that is vacant or improved with a residential use in the Agricultural, Rural Residential, or Residential Detached zones.
ii.   For a Restaurant with a Drive-Thru, access to the site from a street with a residential classification is prohibited.
iii.   A drive-thru service window, drive aisle, or queuing area located between the street and the front main wall of the main building is prohibited.
iv.   A drive-thru service window, drive aisle, or stacking area may be located between the street and the side wall of the main building on a corner lot if permanently screened from any street by a minimum 3 foot high wall or fence.
v.   Site plan approval is required under Section 7.3.4.
vi.   A conditional use application for a Drive-Thru may be filed with the Hearing Examiner if the limited use standards under Section 3.5.14.E.2.a.i through Section 3.5.14.E.2.a.iv cannot be met.
b.   Where a Drive-Thru 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:
i.   The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads and intersections, or its location in relation to other buildings or proposed buildings on or near the site and the traffic patterns from such buildings or cause frequent turning movements across sidewalks and pedestrian ways, thereby disrupting pedestrian circulation within a concentration of retail activity.
ii.   The use of the proposed location will not preempt frontage on any highway or public road in a way that reduces the visibility and accessibility of an interior commercial area zoned or proposed for commercial use that is oriented to the same highway or public road.
iii.   Product displays, parked vehicles, and other obstructions that adversely affect visibility at intersections, or at entrances and exits to and from the Drive-Thru are prohibited.
iv.   When a Drive-Thru occupies a corner lot, the ingress or egress driveways must be located a minimum of 20 feet from the intersection of the rights-of-way, and such driveways must not exceed 25 feet in width. In areas where no master plan of highways has been adopted, the street line must be considered to be a minimum of 60 feet from the centerline of any abutting street or highway.
F.   Helistop
1.   Defined
Helistop means a designated area, either at ground level or elevated on a structure, used for the landing and takeoff of helicopters. Helistop includes a small fuel tank for a ground level facility and minor support facilities such as a small sheltered waiting or loading area, a small administrative office, and one permanent tie-down space. Helistop does not include major support facilities (see Section 3.6.6.B, Helipad, Heliport).
2.   Use Standards
Where a Helistop is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section 7.3.1, Conditional Use.
G.   Lawn Maintenance Service
1.   Defined
Lawn Maintenance Service means a home-based business of cutting grass, raking leaves, snow removal, and other activities associated with maintaining a yard. Lawn Maintenance Service does not include Landscape Contractor (see Section 3.5.5, Landscape Contractor).
2.   Use Standards
Where a Lawn Maintenance Service is allowed as a limited use, it must satisfy the following standards:
a.   The Lawn Maintenance Service must satisfy the use standards for all Home Occupations under Section 3.3.3.H.2, the use standards for a Home Occupation (Low Impact) under Section 3.3.3.H.4.b, and the registration requirements under Section 3.3.3.H.4.c.
b.   The loading and unloading of tools and equipment from not more than 2 single axle trailers or trucks is allowed.
c.   Equipment or facilities are limited to lawn maintenance service equipment.
d.   In the AR zone, this use may be prohibited under Section 3.1.5, Transferable Development Rights.
H.   Live/Work Unit
Defined
Live/Work Unit means a building, or a space within a building, that combines space for a commercial or manufacturing activity that is allowed in the zone with a dwelling unit for the owner of the commercial or manufacturing business, or the owner’s employee, and that person’s household.
(Legislative History: Ord. No. 17-49, § 1; Ord. No. 18-08, §5; Ord. No. 18-34, §2; Ord. No. 18-44, §2; Ord. No. 19-41, § 1.)