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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 3.3.1. Household Living
A.   Defined, In General
Household Living means the residential occupancy of a dwelling unit by a household for 30 consecutive days or longer.
B.   Single-Unit Living
1.   Defined
Single-Unit Living means one dwelling unit contained in a detached house building type.
2.   Use standards
Where Single-Unit Living is allowed as a limited use, it must satisfy the following standards:
a.   In the GR, NR, and EOF zones, the gross floor area of all Household Living uses is limited to 30% of the gross floor area on the subject site.
b.   In the LSC zone all Household Living uses are limited to 30% of the maximum allowed FAR mapped on the subject site.
C.   Two-Unit Living
1.   Defined
Two-Unit Living means 2 dwelling units contained in a duplex building type.
2.   Use Standards
Where Two-Unit Living is allowed as a limited use, it must satisfy the following standards:
a.   In the RE-2C and RE-1 zones, Two-Unit Living is permitted as part of a development including optional method Moderately Priced Dwelling Units (see Division 4.4) if it is
i.   served by public sewer service; or
ii.   designated for sewer service in the applicable master plan.
b.   In the R-200 zone, Two-Unit Living is permitted as part of a development including optional method Moderately Priced Dwelling Units (see Division 4.4).
c.   In the R-90 and R-60 zones, Two-Unit Living is permitted as part of a development including optional method Moderately Priced Dwelling Units or optional method Cluster Development (see Division 4.4).
d.   In the GR, NR, and EOF zones, the gross floor area of all Household Living uses is limited to 30% of the gross floor area on the subject site.
e.   In the LSC zone all Household Living uses are limited to 30% of the maximum allowed FAR mapped on the subject site.
D.   Townhouse Living
1.   Defined
Townhouse Living means 3 or more dwelling units in a townhouse building type.
2.   Use Standards
a.   Where Townhouse Living is allowed as a limited use, it must satisfy the following standards:
i.   In the RE-2C and RE-1 zones, Townhouse Living is permitted as part of a development including optional method Moderately Priced Dwelling Units (see Division 4.4) if it is:
(a)   served by public sewer service; or
(b)   designated for sewer service in an applicable master plan.
ii.   In the R-200 and R-40 zones, Townhouse Living is permitted as part of a development including optional method Moderately Priced Dwelling Units (see Division 4.4).
iii.   In the R-90 and R-60 zones, Townhouse Living is permitted as part of the following:
(a)   a development including optional method Moderately Priced Dwelling Units (see Division 4.4);
(b)   optional method cluster development (see Division 4.4) that is a minimum of 10 acres in size; or
(c)   optional method cluster development (see Division 4.4) that is a minimum of 3 acres or more in size and recommended in a master plan.
iv.   In the GR, NR, and EOF zones, the gross floor area of all Household Living uses is limited to 30% of the gross floor area on the subject site.
v.   In the LSC zone, all Household Living uses are limited to 30% of the maximum allowed FAR mapped on the subject site.
b.   Where Townhouse Living 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.   In the RE-1, R-200, R-90, and R-60 zones:
(a)   All buildings and structures must meet or exceed the Level II Accessibility Standards established by Section 52-106 and detailed in Section 52-107.
(b)   Public bus service must be available on a road abutting the site.
(c)   A Metro Station must be within 2 miles of the site.
(d)   Public recreation or park facilities must be within 1,000 feet of the site.
(e)   A grading plan must demonstrate that the post-construction site will have a slope less than 5%.
(f)   The minimum tract size is 2 acres.
(g)   The density limitations and development standards of the TMD zone under optional method (Section 4.4.12.C) apply in spite of any other limitation in this Chapter.
(h)   Reducing the number of required parking spaces through a parking waiver under Section 6.2.10 is prohibited.
(i)   A minimum of one parking space for each dwelling unit must satisfy the dimensional standards for handicapped-accessible vehicle parking and a minimum 8-foot-wide access aisle required by the State.
ii.   In the Residential Detached zones:
(a)   Townhouse Living must be located on property used for Section 3.4.10, Religious Assembly or Section 3.4.5, Educational Institution (Private). This may include confronting and abutting properties.
(b)   The maximum building height and principal building setbacks of any building used for Townhouse Living must meet the standard method development standards of the townhouse building type in the R-30 zone under Section 4.4.14.B.
(c)   The minimum side setback is 25 feet to abutting lots and parcels not included in the application.
(d)   A minimum of 35% common open space is required.
(e)   The site must not receive water and sewer access through a Private Institutional Facilities (PIF) approval.
(f)   The dwelling units must meet one of the following affordability thresholds:
(1)   at least 50% of the units are built under a government regulation or binding agreement that limits the price charged for at least 30 years and affordable to households earning 60 percent or less of Area Median Income (AMI);
(2)   at least 30% of the units built under a government regulation or binding agreement that limits the price charged for at least 30 years with at least 10% of the total units affordable to households earning 30% of Area Median Income (AMI) or below and at least 20% of the total units affordable to households earning incomes eligible for the MPDU program in Chapter 25A;
(3)   at least 30% of the units built under a government regulation or binding agreement that limits the price charged for at least 30 years with at least 20% of the total units affordable to households earning 50% of Area Median Income (AMI) or below and at least 10% of the total units affordable to households earning incomes eligible for the MPDU program in Chapter 25A; or
(4)   the project receives an award of either 4% or 9% Low-Income Housing Tax Credits (LIHTC) from the Maryland Department of Housing and Community Development (DHCD).
(g)   The maximum residential density is determined by the Hearing Examiner under the development standards of Section 3.3.1.D.2.b.ii. without regard to any other limitation in this Chapter.
(h)   The Hearing Examiner may modify the height, density, coverage, and parking standards to be compatible with surrounding uses.
E.   Multi-Unit Living
1.   Defined
Multi-Unit Living means dwelling units in an apartment or multi use building type. Multi-Unit Living includes ancillary offices to manage, service, and maintain the development.
2.   Use Standards
a.   Where Multi-Unit Living is allowed as a limited use, it must satisfy the following standards:
i.   In the GR, NR, and EOF zones, the gross floor area of all Household Living uses is limited to 30% of the gross floor area on the subject site.
ii.   In the LSC zone all Household Living uses are limited to 30% of the maximum allowed FAR mapped on the subject site.
b.   Where Multi-Unit Living 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.   Where allowed as a conditional use, Multi-Unit Living must be located on property used for Section 3.4.10, Religious Assembly or Section 3.4.5, Educational Institution (Private). This may include confronting and abutting properties.
ii.   The maximum building height of any building used for Multi-Unit Living is 60 feet.
iii.   Principal building setbacks of any building used for Multi-Unit Living must meet the standard method development standards of the apartment building type in the R-30 zone under Section 4.4.14.B.3.
iv.   The minimum side setback is 25 feet to abutting lots and parcels not included in the application.
v.   A minimum of 35% common open space is required.
vi.   The site must not receive water and sewer access through a Private Institutional Facilities (PIF) approval.
vii.   The dwelling units must meet one of the following affordability thresholds:
(a)   at least 50% of the units are built under a government regulation or binding agreement that limits the price charged for at least 30 years and affordable to households earning 60 percent or less of Area Median Income (AMI);
(b)   at least 30% of the units built under a government regulation or binding agreement that limits the price charged for at least 30 years with at least 10% of the total units affordable to households earning 30% of Area Median Income (AMI) or below and at least 20% of the total units affordable to households earning incomes eligible for the MPDU program in Chapter 25A;
(c)   at least 30% of the units built under a government regulation or binding agreement that limits the price charged for at least 30 years with at least 20% of the total units affordable to households earning 50% of Area Median Income (AMI) or below and at least 10% of the total units affordable to households earning incomes eligible for the MPDU program in Chapter 25A; or
(d)   the project receives an award of either 4% or 9% Low-Income Housing Tax Credits (LIHTC) from the Maryland Department of Housing and Community Development (DHCD).
viii.   The maximum residential density is determined by the Hearing Examiner under the development standards of Section 3.3.1.E.2.b., without regard to any other limitation in this Chapter.
ix.   The Hearing Examiner may modify the height, density, coverage, and parking standards to be compatible with surrounding uses.
(Legislative History: Ord. No. 18-02, § 2; Ord. No. 18-08, § 3; Ord. No. 18-30, § 3; Ord. No. 18-50, § 1; Ord. No. 20-12, § 2.)