A. Density and Height Limits
1. Density is calculated as an allowed floor area ratio (FAR).
2. Each GR, NR, LSC, and EOF zone classification is followed by a number and symbol: H, which is followed by another number where:
b. The number following the H is the maximum building height in feet allowed unless additional height is allowed under Section 4.6.2.C or Section 4.6.4.B.5..
3. The following limits apply unless additional total FAR, residential FAR, or height are allowed under Section 4.6.2.C or Section 4.6.2.D.
Zone | Total FAR (max) | Height (max) |
GR | 0.5 to 2.5 | 25' to 120' |
NR | 0.25 to 1.5 | 25' to 50' |
LSC | 0.5 to 2.5 | 35' to 200' |
EOF | 0.5 to 4.0 | 35' to 200' |
4. Zones are established at density increments of 0.25 FAR and height increments of 5 feet up to the maximums in Section 4.6.2.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 Employment zones if:
a. the properties are under the same site plan, sketch plan, or Biohealth Priority Campus plan; however, if a sketch 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 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 the phasing element of an approved sketch plan or Biohealth Priority Campus plan.
3. Density may be averaged over 2 or more non-contiguous properties in one or more LSC or EOF zones if:
a. each provision under Section 4.6.2.B.2 is satisfied;
b. the properties are within 1/4 mile of each other or in a designated master-planned density transfer area or part of a Biohealth Priority Campus plan;
c. the minimum public benefit points required under Section 4.6.4.A.2 are 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 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 or certified 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
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. 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 t0 and including 20%; or
c. 30% plus 0.1% for each 0.1% increase in MPDUs above 20%.
2. 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. 4.6.2.C.1.
3. Any increase in density allowed under this section must be calculated after the base density of the property has been increased under Sec. 4.6.2.B for development using FAR averaging.
4. To achieve an increase in density under Section 4.6.2.C, at least one more MPDU than would be required at 12.5% must be provided.
5. The floor area counted as MPDU floor area includes a proportional share of the gross floor area not devoted to residential units.
6. 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.
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 "EOF2.0 H60 T".
2. For Employment-zoned properties designated with a T, the following provisions apply:
a. In the LSC zone, to allow construction of all workforce housing units on site, residential density may be increased by a maximum of 5% and building height may be increased up to a maximum building height of 200 feet. Density and building height may only be increased to the extent required for the number of workforce housing units that are constructed.
b. Any density increase under Section 4.6.2.C requires site plan approval under Section 7.3.4.
(Legislative History: Ord. No. 18-52, §4; Ord. No. 19-27, § 5; Ord. No. 19-31, § 2.)