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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 4.4.6. Residential Estate - 1 Zone (RE-1)
A.   Intent Statement
The intent of the RE-1 zone is to provide designated areas of the County for large-lot residential uses. The predominant use is residential in a detached house.
B.   RE-1 Zone, Standard Method Development Standards
To view the RE-1 Zone, Standard Method Development Standards table in PDF format, click Table 4.4.6B
1. Lot and Density
Detached House or a Building for a Cultural Institution, Religious Assembly, Public Use, or a Conditional Use allowed in the zone
1. Lot and Density
Detached House or a Building for a Cultural Institution, Religious Assembly, Public Use, or a Conditional Use allowed in the zone
Lot (min)
Lot area
40,000 SF
Lot width at front building line
125'
Lot width at front lot line
25'
Frontage on street or open space
Required, except as exempt under Chapter 50
Specification for Lot
a. Lot width at the front building line and setback requirements may be reduced under Section 4.4.3.
Density (max)
Density (units/acre)
1.09
Coverage (max)
Lot
15%
2. Placement
Principal Building Setbacks (min)
Front setback
50'
Side street setback, abutting lot fronts on the side street and is in a Residential Detached zone
50'
Side street setback, abutting lot does not front on the side street or is not in a Residential Detached zone
20'
Side setback
17'
Sum of side setbacks
35'
Rear setback
35'
Accessory Structure Setbacks (min)
Front setback
80'
Side street setback, abutting lot fronts on the side street and is in a Residential Detached zone
50'
Side street setback, abutting lot does not front on the side street or is not in a Residential Detached zone
20'
Side setback
15'
Rear setback, on a corner lot where abutting lot fronts on the side street and is in a Residential Detached zone
12'
Rear setback, if not otherwise addressed
10'
Specifications for Accessory Structure Setbacks
a. Any accessory building or structure used for the housing, shelter, or sale of animals or fowl other than a household pet must be a minimum of 25' from a lot line and a minimum of 100' from a dwelling on another lot.
b. Any accessory structure on a lot or parcel abutting a national historical park must be set back a minimum of 200' from the national historical park unless the accessory structure is exempted under Section 6.4.3.C.3.
c. In addition to the front setback minimum, any accessory structure must be located behind the rear building line of the principal building.
d. Where the principal building on a lot is a detached house, the cumulative footprint of all accessory buildings on that lot may not exceed 50% of the footprint of the principal building or 600 square feet, whichever is greater. This Subsection does not apply to Section 3.3.3.C, Detached Accessory Dwelling Unit. Buildings for an agricultural use are exempt from this size restriction.
e. Where the construction of a pool enclosure would cause the cumulative footprint of all accessory buildings, including the pool enclosure, to exceed 50% of the footprint of the principal building or 600 square feet, whichever is greater, the pool enclosure may be allowed, provided:
1.   the pool enclosure, not including the rafters, is translucent or transparent;
2.   the pool enclosure has a height of 8 feet or less;
3.   the pool enclosure surrounds and covers an inground swimming pool;
4.   the cumulative footprint of all other accessory buildings on the property is less than 50% of the footprint of the principal building or 600 square feet, whichever is greater; and
5.   the cumulative footprint of the pool enclosure and all other accessory buildings on the property does not exceed 1,200 square feet.
3. Height
Height (max)
Principal building
50'
Accessory structure
50'
4. Form
Allowed Building Elements
Gallery/Awning
n/a
Porch/Stoop
yes
Balcony
yes
5. Buildings used for Agriculture Associated with Farming
Specification for Buildings used for Agriculture Associated with Farming
a. A building used for agriculture associated with Farming must satisfy the standards of an accessory structure, except a building used for agriculture is exempt from the height requirements under Section 4.4.6.B.3.
 
C.   RE-1 Zone, Optional Method Requirements
Optional method MPDU Development is applicable only for development that is served by public sewer service and where designated for sewer service in the applicable master plan.
D.   RE-1 Zone, Optional Method Development Standards
To view the RE-1 Zone, Optional Method Development Standards table in PDF format, click Table 4.4.6D
1. Site
MPDU Development
Cluster Development
Detached House
Duplex
Townhouse
Detached House
1. Site
MPDU Development
Cluster Development
Detached House
Duplex
Townhouse
Detached House
Dimensions (min)
Usable area
17 acres
50 acres
Specification for Site under MPDU Development
a. In an optional method MPDU Development, the maximum percentage of duplex or townhouse building types allowed is 30%.
Specification for Site under Cluster Development
a. The Planning Board may allow development to proceed under optional method Cluster Development on a smaller site than allowed in Usable Area if:
i.   the subject property is recommended for cluster development in a master plan; or
ii.   it finds that cluster development on a smaller site would be more suitable than standard method development for environmental reasons; or
iii.   the development abuts an existing cluster development in the same zone and the Planning Board finds it would be a compatible extension of the neighboring development.
Density (max)
Density (units/acre of usable area)
1.22
1
Open Space (min)
Common open space (% of usable area) (See Section 6.3.5)
10%
10%
Site Coverage (max)
Site coverage
n/a
n/a
40%
n/a
Specification for Site Coverage
a. In development with a townhouse building type, site coverage is calculated based on the area of the site minus any area for detached house and duplex lots.
2. Lot
Dimensions (min)
Lot area
9,000 SF
4,500 SF
1,200 SF
12,000 SF
Lot width at front building line
Determined at site plan
Determined at site plan
Lot width at front lot line
25'
25'
14'
25'
Frontage on street or open space
Required
 
 
Required
Specification for Lot under MPDU Development and Cluster Development
a. Lot width at the front building line and setback requirements may be reduced under Section 4.4.3.
Coverage (max)
Lot
35%
35%
n/a
15%
3. Placement
Principal Building Setbacks (min)
Front setback from public street
35'
35'
35'
35'
Front setback from private street or open space
10'
10'
10'
10'
Side street setback, abutting lot fronts on the side street and is in a Residential Detached zone
35'
35'
35'
35'
Side street setback, abutting lot does not front on the side street or is not in a Residential Detached zone
20'
20'
20'
20'
Side or rear setback
Determined at site plan
Determined at site plan
Side setback, abutting property not included in application
Equal to required setback for a detached house building type in the abutting zone under standard method
Equal to required setback for a detached house building type in the abutting zone under standard method
Rear setback, abutting property not included in application
Equal to required setback for a detached house building type in the abutting zone under standard method
50'
Rear setback, alley
4'
4'
4'
4'
Accessory Structure Setbacks (min)
Front setback
5' behind front building line
80'
Side street setback
Side street setback of principal building
Side street setback of principal building
Side or rear setback
Determined at site plan
Determined at site plan
Side or rear setback, abutting property not included in application
Equal to required setback for a detached house building type in the abutting zone under standard method
Equal to required setback for a detached house building type in the abutting zone under standard method
Rear setback, alley
4'
4'
4'
4'
Specifications for Accessory Structure Setbacks under Cluster Development
a. In addition to the front setback minimum, accessory structures must be located behind the rear building line of the principal building.
b. Accessory structures on a lot or parcel abutting a national historical park must be set back a minimum of 200' from the national historical park unless the accessory structure is exempted under Section 6.4.3.C.3.
4. Height
Height (max)
Principal building
40'
40'
40'
40'
Accessory structure
25'
25'
25'
25'
5. Buildings used for Agriculture Associated with Farming
Specification for Buildings used for Agriculture Associated with Farming
a. A building used for agriculture associated with Farming must satisfy the standards of an accessory structure, except a building used for agriculture is exempt from the height requirements under Section 4.4.6.D.4.
(Legislative History: Ord. No. 18-08, § 9; Ord. No. 19-29, § 4; Ord. No. 19-37, § 4.)