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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 4.6.4. Optional Method Development
The LSC and EOF zones allow development under the optional method.
A.   General Requirements
1.   Procedure for Approval
A sketch plan must be approved under Section 7.3.3, unless a Signature Business Headquarters plan is approved under Section 7.3.5, a Biohealth Priority Campus plan is approved under Section 7.3.6, or a Mixed-Income Housing Community plan is approved under Section 7.3.7. A site plan must be approved under Section 7.3.4 for any development on a property with an approved sketch plan.
2.   Public Benefit Points and Categories
a.   Public benefits under Division 4.7 must be provided according to zone and tract size or maximum total mapped FAR, whichever requires more public benefit points:
 
Zone
Tract Size OR Max Total FAR
Public Benefit Points (min)
Number of Benefit Categories (min)
LSC
< 10,000 SF OR
< 1.5 max FAR
15
1
10,000 SF OR
1.5 max FAR
30
2
EOF
< 10,000 SF OR
< 1.5 max FAR
30
2
10,000 SF OR
1.5 max FAR
60
3
b.   In the LSC zone, the purchase of BLTs is required under Section 4.7.3.F.1.b.
3.   Building Type
All building types allowed under Section 4.1.6. are allowed in the LSC and EOF zones under optional method development.
4.   Compatibility Standards
Development must satisfy the compatibility standards under Section 4.1.8.
B.   Development Standards
1.   Open Space
a.   A developer must provide open space based on the tract area and number of frontages as described in the following table.
Tract Area
# of Existing, Proposed, and Master-Planned Right-of-Way Frontages
1
2
3
4 or more
% of Site Required to be Dedicated for Open Space
Tract Area
# of Existing, Proposed, and Master-Planned Right-of-Way Frontages
1
2
3
4 or more
% of Site Required to be Dedicated for Open Space
0.50 acres
0%
0%
0%
5%
0.51 to 1.00 acres
0%
0%
5%
10%
1.01 to 3.00 acres
0%
5%
10%
10%
3.01 to 6.00 acres
5%
10%
10%
10%
6.01 acres
10%
10%
10%
10%
b.   In a development with townhouse, apartment, multi use, or general building types, open space is calculated on the site area minus any area used for detached house and duplex unit lots.
c.   Open space for the townhouse building type is common open space (see Section 6.3.5), and for other buildings is public open space (see Section 6.3.6) in the LSC zone and amenity open space (see Section 6.3.7) in the EOF zone.
d.   Open space must satisfy Division 6.3.
2.   Lot, Density, and Height
a.   Lot standards for detached house, duplex, and townhouse building types are established by the site plan approval process.
b.   The maximum total FAR and the maximum height are established by the mapped zone unless increased under Section 4.6.2.C or Section 4.6.2.D.
c.   In the GR, NR, and EOF zones, gross floor area of all Household Living uses is limited to 30% of the gross floor area on the subject site.
d.   In the LSC zone:
i.   For tracts larger than 5 acres:
(a)   A minimum of 40% of the gross floor area proposed must be for Life Sciences and related uses. The proposed gross floor area used for the purpose of calculating the minimum percentage of Life Sciences uses excludes educational facilities.
(b)   A maximum of 10% of the gross floor area proposed may be used for Retail/Service Establishment; however, a maximum of 15% of the gross floor area proposed may be used for a Retail/Service Establishment if the Planning Board finds unique circumstances and the development would be enhanced by additional retail activity.
ii.   Gross floor area of all Household Living uses is limited to 30% of the maximum allowed FAR mapped on the subject site.
iii.   Any area used exclusively for mechanical equipment is excluded from the maximum density calculation, and any area excluded from this calculation that exceeds the FAR of the zone must be used only for purpose. The total area of any partial floors or stories excluded from the maximum density calculation is limited to the gross floor area of any full floor of the building.
3.   Placement
Setbacks for principal buildings, accessory structures, and parking are established by the site plan approval process.
4.   Form
Form standards are established by the site plan approval process and must address, at a minimum, transparency, blank walls, and active entrances.
5.   Development of Certain Biohealth Uses
a.   Additional height is permitted for any application in the LSC or EOF zone where the primary use is Research and Development under Section 3.5.8 or Medical/Scientific Manufacturing and Production under Section 3.6.4.D, if:
i.   the development site is located within a red policy area or opportunity zone, including contiguous properties separated from the red policy area or opportunity zone only by a public right-of-way; or within ½ mile of a planned or existing Bus Rapid Transit route including the Corridor Cities Transitway;
ii.   the development site fronts on a street classified as an Area Connector or higher classification;
iii.   the development site does not abut or confront a property in an Agricultural, Rural Residential, Residential Detached, or Residential Townhouse zone that is vacant or improved with an agricultural or residential use; and
iv.   the application achieves public benefit points for Adaptive Buildings under Sec. 4.7.3.D.1.
b.   In order to achieve additional height under Section 4.6.4.B.5.a, the following provisions apply:
i.   A development site that includes a property with a mapped height of 100 feet or less may achieve 1.5 times the mapped height. A development site that uses averaged height under Section 4.6.4.B.5.b.ii may achieve 1.5 times the resulting averaged height, provided the maximum building height does not exceed 150 feet.
ii.   Building height for a portion of a building or buildings across a development site may be increased above the number following the H on the zoning map so long as the average height of all buildings is no greater than the maximum height allowed by the mapped zone.
(A)   Average building height is calculated as the sum of each area of each section of 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.
(B)   If the development site has more than one mapped height, the maximum height is based on the proportion of the tract area within each mapped zone. It is calculated as the sum of the tract square footage within each mapped zone multiplied by the mapped height, divided by the total tract area.
(Legislative History: Ord. No. 18-08, § 11; Ord. No. 18-52, § 4; Ord. No. 19-27, § 5; Ord. No. 19-31, § 2; Ord. No. 19-39, § 7; Ord. No. 20-03, § 6.)