1. Density is calculated as an allowed floor area ratio (FAR).
2. Each CRN, CRT, and CR zone classification is followed by a number and a sequence of 3 additional symbols: C, R, and H, each followed by another number where:
a. The number following the classification is the maximum total FAR allowed unless additional FAR is allowed under Section 4.5.2.C or Section 4.5.2.D;
c. The number following the R is the maximum residential FAR allowed unless additional residential FAR is allowed under Section 3.5.8.D, Section 4.5.2.C, or Section 4.5.2.D; and
e. With Planning Board approval, any Optional Method project in a CR zone that includes the provision of a major public facility under Section 4.7.3.A may add the height of any floor mostly used for above grade parking to the maximum height otherwise allowed, when the major public facility diminishes the ability of the applicant to provide parking at or below grade.
Zone | Total FAR (max) | C FAR (max) | R FAR (max) | Height (max) |
CRN | 0.25 to 1.5 | 0.00 to 1.5 | 0.00 to 1.5 | 25' to 65' |
CRT | 0.25 to 4.0 | 0.25 to 3.5 | 0.25 to 3.5 | 35' to 150' |
CR | 0.5 to 8.0 | 0.25 to 7.5 | 0.25 to 7.5 | 35' to 300' |
4. Zones are established at density increments of 0.25 FAR and height increments of 5 feet up to the maximums in Section 4.5.2.A.3.
1. Only standard method development projects that require site plan approval or optional method development projects can average FAR between properties.
2. FAR may be averaged over 2 or more directly abutting or confronting properties in one or more Commercial/Residential zones if:
a. the properties are under the same site plan, sketch plan, Signature Business Headquarters plan, or Biohealth Priority Campus plan; however, if a sketch plan, Signature Business Headquarters plan, or Biohealth Priority Campus plan is required, density averaging must be shown on the applicable plan;
b. the resulting properties are created by the same preliminary subdivision plan or satisfy a phasing plan established by an approved sketch plan, Signature Business Headquarters plan, or Biohealth Priority Campus plan;
c. the maximum total, nonresidential, and residential FAR limits apply to the entire development, not to individual properties;
d. the total allowed maximum density on a resulting property that is abutting or confronting a property in an Agricultural, Rural Residential, or Residential Detached zone that is vacant or improved with an agricultural or residential use does not exceed that allowed by the property's zone; and
e. public benefits are required to be provided under any phasing element of an approved sketch plan, Signature Business Headquarters plan, or Biohealth Priority Campus plan.
3. Density may be averaged over 2 or more non-contiguous properties in one or more CRT or CR zones if:
a. each provision under Section 4.5.2.B.2 is satisfied;
b. the properties are within ¼ mile of each other, located in a designated master-planned density transfer area, or are part of a Signature Business Headquarters plan or Biohealth Priority Campus plan;
c. the minimum public benefit points required under Section 4.5.4.A.2 must be exceeded by at least 50%; and
d. the applicable master plan does not specifically prohibit the averaging of density between non-contiguous properties.
4. If the Planning Board approves a site plan, Signature Business Headquarters plan, or Biohealth Priority Campus plan for a development project using FAR averaging across two or more lots, the maximum density on certain lots in the development project will be less than or greater than the zone allows, as indicated in the applicable plan. To provide additional notice of the FAR averaging, before the Planning Board approves a certified site plan, certified Signature Business Headquarters plan, or Biohealth Priority Campus plan for such a project or, if plat approval is required, before plat approval, the applicant must state the gross square footage taken from any lot with reduced density in an instrument approved by the Planning Board and must record the instrument in the Montgomery County land records.
C. Development with Moderately Priced Dwelling Units and Other Income-Restricted Housing
For any application that includes more than 12.5% of the gross residential floor area as Moderately Priced Dwelling Units (MPDUs), qualified under Chapter 25A, the following provisions apply:
1. Except in the Bethesda Overlay zone, residential density may be increased above the mapped residential FAR by:
a. 0.88% for each 0.1% increase in MPDUs above 12.5%, up to and including 15%;
b. 22% plus 0.16% for each 0.1% increase in MPDUs above 15%, up to and including 20%; or
c. 30% plus 0.1% for each 0.1% increase in MPDUs above 20%.
2. In the Bethesda Overlay zone, residential density may be increased above the mapped residential FAR by 17.5% plus 0.1% for each 0.1 % increase in MPDUs above 17.5%.
3. Total density may be increased above the number following the zoning classification on the zoning map by an amount equal to the residential density achieved under Sec. 4.5.2.C.1.
4. Any increase in density allowed under this section must be calculated after the base density of the property has been increased under Sec. 4.5.2.B for development using FAR averaging.
5. To achieve an increase in density under Section 4.5.2.C, at least one more MPDU than would be required at 12.5% must be provided.
6. The floor area counted as MPDU floor area includes a proportional share of the gross floor area not devoted to residential units.
7. The height limit of the applicable zone and master plan does not apply to the extent required to provide the MPDUs. The additional height is calculated as the floor area provided for MPDUs above 12.5% divided by the average residential floor plate area, where each whole number and each remaining fraction allows an increase of 12 feet.
8. In the CR or CRT zones an application is exempt from the total FAR limits of the underlying zone, provided the maximum residential density does not exceed 2.5 FAR and maximum commercial density does not exceed the mapped commercial FAR of the property, if 100% of the units are income-restricted for at least 30 years under a government regulation or binding agreement developed per:
a. the MPDU requirements of Chapter 25A; or
b. an award of 9% Low-Income Housing Tax Credits (LIHTC).
This exemption does not apply in the TDR Overlay zones.
D. Special Provisions for "T" Zones Translated from Certain Zones Existing Before October 30, 2014
1. These special provisions apply to certain properties rezoned by District Map Amendment to implement this Chapter and are indicated on the zoning map as the zoning classification followed by a T, such as "CR2.0 C1.5 R1.5 H75 T".
2. For Commercial/Residential-zoned properties designated with a T, the following provisions apply:
a. Residential density may be increased above the number following the R on the zoning map in proportion to:
i. any MPDU density bonus achieved under Section 4.5.2.C; or
ii. any workforce housing floor area that satisfies Chapter 25B; however, the increased residential density under this provision is limited to 10% of the floor area indicated on the zoning map.
b. On a property within a designated central business district mapped at a height up to 145 feet, height may be increased above the number following the H on the zoning map by up to 1.5 times if:
i. the height is the minimum necessary for both:
(A) the floor area devoted to a publicly owned or operated facility; plus
(B) the floor area provided for workforce housing units, divided by the average residential floor plate area, where each whole num-ber and each remaining fraction allows an increase of 12 feet; or
ii. additional height is specifically recommended for the provision of MPDUs above 12.5% in an applicable master plan.
c. Property within a designated central business district and not located in a designated density transfer area is exempt from Section 4.5.2.B.2.d.
d. Height on a portion of a building may be increased above the number following the H on the zoning map so long as the average height of the building is no greater than the maximum height allowed by the mapped zone. Average building height is calculated as the sum of the area of each section of the roof having a different height multiplied by that height, divided by the total roof area. Height is measured at the midpoint of each roof section along each frontage.
(Legislative History: Ord. No. 18-08, §10; Ord. No. 18-17, §1; Ord. No. 18-45, §4; Ord. No. 18-52, §3; Ord. No. 19-26, § 1; Ord. No. 19-27, § 4; Ord. No. 19-31, § 1; Ord. No. 19-38, § 1.)