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Commercial/Residential and Employment Zones: Article 59-2 Zoning Districts

The document summarizes the commercial/residential and employment zones established in the Montgomery County Zoning Code. It outlines the various zone classifications and provides brief descriptions of the intent and regulations for each zone. Specifically, it discusses the commercial/residential zones of CRN, CRT and CR and the employment zones of EGR, ENR, ELS and EOF. It also specifies how the zones are denoted on zoning maps.

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63 views125 pages

Commercial/Residential and Employment Zones: Article 59-2 Zoning Districts

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Commercial/Residential and Employment Zones

aRtiClE 59-2 Zoning DiStRiCtS
Div. 2.1. Zones Established........................................................................ 2-2 Sec. 2.1.1. Summary of Zones Established........................................... 2-2 Sec. 2.1.2. Regulations for Establishment of Zones.......................... 2-2 Div. 2.2. Euclidean Zone Intent Statements ............................................. 2-6 Sec. 2.2.4. Commercial/Residential Zones ............................................2-7 Sec. 2.2.5. Employment Zones .............................................................. 2-8

aRtiClE 59-3 USES anD USES StanDaRDS

Div. 3.1. Use Table ........................................................................................3-3 Sec. 3.1.7. Use Table............................................................................... 3-6 Div. 3.2. Agricultural Uses .......................................................................3-14 Div. 3.3. Residential Uses ..........................................................................3-21 Div. 3.4. Civic and Institutional Uses ....................................................... 3-33 Div. 3.5. Commercial Uses .........................................................................3-39 Div. 3.6. Industrial Uses ...........................................................................3-62

aRtiClE 59-4 EUCliDEan Zoning DiStRiCt REgUlationS

Div. 4.1. Rules for All Zones ..................................................................... 4-3 Div. 4.5. Commercial/Residential Zones ................................................. 4-40 Div. 4.6. Employment Zones..................................................................... 4-46

aRtiClE 59-6 optional mEthoD REgUlationS

Div. 6.4. Commercial/Residential Zones ................................................. 6-16 Div. 6.5. Employment Zones ..................................................................... 6-18 Div. 6.6. Optional Method Public Benefits ............................................ 6-20

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Article 59-2. Zoning Districts

Div. 2.1. ZoneS eSTAbliSheD
Sec. 2.1.1. Overview of Established Zones ............................................. 2 2 Sec. 2.1.2. Regulations for Establishment of Zones ............................. 2 3

Div. 2.2. eucliDeAn Zone inTenT STATemenTS

Sec. 2.2.1. Agricultural Zone ................................................................. 2 6 Sec. 2.2.2. Rural Residential Zones ....................................................... 2 6 Sec. 2.2.3. Residential Zones ................................................................... 2 6 Sec. 2.2.4. Commercial/Residential Zones .............................................. 2 7 Sec. 2.2.5. Employment Zones ................................................................. 2 8 Sec. 2.2.6. Industrial Zones .................................................................... 2 8 Sec. 2.2.7. Overlay Zones......................................................................... 2 8

Div. 2.3. FloATing Zone inTenT STATemenTS

Sec. 2.3.1. In General ............................................................................. 2 10 Sec. 2.3.2. Residential Floating Zones ................................................. 2 10 Sec. 2.3.3. Commercial/Residential Floating Zones..............................2 10 Sec. 2.3.4. Employment Floating Zones ................................................ 2 10

[Editor's Note: To be added]

Div. 2.4. Zoning mAp

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Div. 2.1. Zones established

Sec. 2.1.1. Overview of Established Zones
A. euclidean Zones
1. Agricultural
a. RDT: Rural Density Transfer iii. R-10: Residential Multi-Unit High Density 10

4. Commercial/Residential
a. CRN: Commercial Residential Neighborhood b. CRT: Commercial Residential Town c. CR: Commercial Residential

2. Rural Residential
a. R: Rural b. RC: Rural Cluster c. RNC: Rural Neighborhood Cluster

5. employment
a. EGR: Employment General Retail b. ENR: Employment Neighborhood Retail c. ELS: Employment Life Sciences d. EOF: Employment Office

3. Residential a. Residential Detached

i. RE-2: Residential Estate 2

6. Industrial
a. IL: Light Industrial b. IH: Heavy Industrial

ii. RE-2C: Residential Estate -2 Cluster iii. RE-1: Residential Estate 1 iv. R-200: Residential 200 v. R-90: Residential 90 vi. R-60: Residential 60 vii. R-40: Residential 40

7. Overlay
a. NP: Neighborhood Preservation Overlay b. SPA: Special Protection Area Overlay c. TDR: Transferable Development Rights Overlay

b. Residential Townhouse
i. TLD: Townhouse Low Density

b. Floating Zones
1. Residential Floating
a. RDF: Residential Detached - Floating b. TF: Townhouse - Floating c. AF: Apartment - Floating

ii. TMD: Townhouse Medium Density iii. THD: Townhouse High Density

c. Residential Multi-Unit
i. R-30: Residential Multi-Unit Low Density 30

2. Commercial/Residential Floating
a. CRNF: Commercial Residential Neighborhood - Floating b. CRTF: Commercial Residential Town - Floating

ii. R-20: Residential Multi-Unit Medium Density 20

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c. CRF: Commercial Residential - Floating

5. Employment, 6. Industrial, 7. Overlay, and 8. Floating.

3. Employment Floating
a. EGF: Employment General - Floating b. EOFF: Employment Office - Floating c. ELSF: Employment Life Sciences - Floating

c. Agricultural Zone
1. There is one Agricultural zone classification: a. Rural Density Transfer (RDT) 2. Density, height, and other standards and requirements vary with allowed uses and building types. 3. The RDT zone will be applied on the Zoning Map by showing its zoning classification symbol.

Sec. 2.1.2. Regulations for Establishment of Zones

A. General Regulations for All Zones
1. Zones established in this Article (Article 59-2) are subject to: a. Definitions under Article 1; b. Use restrictions and use standards under Article 3; c. Development standards under Article 4; d. Optional method regulations under Article 6; e. General requirements under Article 7; and f. Review procedures under Article 8. 2. Floating zones established in this Article are also subject to Article 5.

D. Rural Residential Zones

1. There are 3 Rural Residential zone classifications: a. Rural (R), b. Rural Cluster (RC) , and c. Rural Neighborhood Cluster (RNC). 2. Density, height, and other standards and requirements vary with allowed uses and building types. 3. The R, RC, and RNC zones will be applied on the Zoning Map by showing their zoning classification symbols.

b. Groupings of Zones
There are 11 groupings of zones used to refer to all particular zoning classifications within that group: 1. Agricultural (abbreviated "Ag" in the Use Table), 2. Rural Residential, 3. Residential: a. Residential Detached; b. Residential Townhouse; and c. Residential Multi-Unit. 4. Commercial/Residential,

e. Residential Zones
1. Residential Detached Zones
a. There are 7 Residential Detached zone classifications: i. Residential Estate 2 (RE-2),

ii. Residential Estate 2C (RE-2C), iii. Residential Estate 1 (RE-1),

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iv. Residential 200 (R-200), v. Residential 90 (R-90), vi. Residential 60 (R-60), and vii. Residential 40 (R-40). b. Density, height, and other standards and requirements vary with allowed uses and building types. c. The RE-2, RE-2C, RE-1, R-200, R-90, R-60, and R-40 zones will be applied on the Zoning Map by showing their zoning classification symbols.

a. Commercial Residential Neighborhood (CRN), b. Commercial Residential Town (CRT), and c. Commercial Residential (CR). 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; b. The number following the C is the maximum nonresidential FAR allowed; c. The number following the R is the maximum residential FAR allowed; and d. The number following the H is the maximum building height in feet allowed. 3. The CRN, CRT, and CR zones will be applied on the Zoning Map by showing, for each property classified: a. The classification; and b. The 4 maximum allowances (total FAR, nonresidential FAR, residential FAR, and height).

2. Residential Townhouse Zones

a. There are 3 Residential Townhouse zone classifications: i. Townhouse Low Density (TLD),

ii. Townhouse Medium Density (TMD), and iii. Townhouse High Density (THD). b. Density, height, and other standards and requirements vary with allowed uses and building types. c. The TLD, TMD, and THD zones will be applied on the Zoning Map by showing their zoning classification symbols.

3. Residential Multi-Unit Zones

a. There are 3 Residential Multi-Unit zone classifications: i. Residential Multi-Unit Low Density 30 (R-30),

g. employment Zones
1. There are 4 Employment zone classifications: a. Employment General Retail (EGR), b. Employment Neighborhood Retail (ENR), c. Employment Life Sciences (ELS), and d. Employment Office (EOF). 2. Each EGR, ENR, ELS, and EOF zone classification is followed by a number and symbol: H, which is followed by another number where: a. The number following the classification is the maximum total FAR allowed; and

ii. Residential Multi-Unit Medium Density 20 (R-20), and iii. Residential Multi-Unit High Density 10 (R-10). b. Density, height, and other standards and requirements vary with allowed uses and building types. c. The R-30, R-20, and R-10 zones will be applied on the Zoning Map by showing their zoning classification symbols.

F. Commercial/Residential Zones
1. There are 3 Commercial/Residential zone classifications:

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b. The number following the H is the maximum building height in feet allowed. 3. The EGR, ERN, ELS, and EOF zones will be applied on the Zoning Map by showing, for each property classified: a. The classification; and b. The 2 maximum allowances (total FAR and height).

b. Commercial/Residential Floating i. Commercial Residential Neighborhood - Floating (CRNF),

ii. Commercial Residential Town - Floating (CRTF), and iii. Commercial Residential - Floating (CRF). c. Employment Floating i. Employment General Retail - Floating (EGRF),

h. Industrial Zones
1. There are 2 Industrial zone classifications: a. Light Industrial (IL), and b. Heavy Industrial (IH). 2. Density, height, and other standards and requirements vary with allowed uses and building types. 3. The IL and IH zones will be applied on the Zoning Map by showing their zoning classification symbols.

ii. Employment Neighborhood Retail - Floating (ENRF), iii. Employment Office - Floating (EOFF), and iv. Employment Life Sciences - Floating (ELSF). 2. Building types, uses, density, height, and other standards and requirements are determined per the Floating Zone Map Amendment approval by the District Council and site plan approval by the Planning Board. 3. The floating zones will be applied on the Zoning Map by showing their zoning classification symbols.

i. Overlay Zones
1. There are 3 Overlay zone classifications : a. Neighborhood Preservation (NP) Overlay, b. Special Protection Area (SPA) Overlay, and c. Transferable Development Rights (TDR) Overlay. 2. Building types, uses, density, height, and other standards and requirements are modified by the Overlay zones under Div. 4.8. The NP, SPA, and TDR Overlay zones will be applied on the Zoning Map by showing their zoning classification symbol appended to the underlying zoning symbol.

J. Floating Zones
1. There are 13 Floating zone classifications: a. Residential Floating i. Residential Detached - Floating (RDF),

ii. Townhouse - Floating (TF), and iii. Apartment - Floating (AF).

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Div. 2.2. euclidean Zone intent Statements

Sec. 2.2.1. Agricultural Zone
A. Rural Density Transfer (RDT)
1. The intent of the RDT zone is to promote agriculture as the primary land use in areas of the County designated for agricultural preservation in the General Plan, the currently applicable master plan for the preservation of agriculture and open space, and other master plans. This is to be accomplished by providing large areas of generally contiguous properties suitable for agricultural and related uses and permitting the transfer of development rights from properties in this zone to properties in designated receiving areas. 2. Agriculture is the preferred use in the RDT zone. All agricultural operations are permitted at any time, including the operation of farm machinery. No agricultural use can be subject to restriction on the grounds that it interferes with other uses permitted in the zone, but uses that are not exclusively agricultural in nature are subject to additional use standards or the conditional use approval process. 3. The intent of the child lot option in the RDT zone is to facilitate the continuation of the family farming unit or to otherwise meet the purposes of the AR zone. permits an Optional Method Cluster alternative so as to preserve open space, environmentally sensitive natural resources, and rural community character.

c. Rural Neighborhood Cluster (RNC)

1. The intent of the RNC zone is to preserve open land, environmentally sensitive natural resources, and rural community character through clustering of residential development in the form of small neighborhoods that provide neighborhood identity in an open space setting. 2. It is further the intent of the RNC zone to implement the recommendations of the relevant master plan, such as maintaining broad vistas of open space, preserving agrarian character or preserving environmentally sensitive natural resources to the maximum extent possible, and to ensure that new development is in harmony with the policies and guidelines of the relevant master plan and is compatible with existing development in adjoining communities.

Sec. 2.2.3. Residential Zones

A. Residential Detached Zones
1. Residential Estate (RE-2, RE-2C, RE-1)
The intent of the RE-2, RE-2C, and RE-1 zones is to provide designated areas of the County for large-lot residential purposes. The predominant use is residential in a detached house. The RE-2C zone permits Optional Method Cluster Development.

Sec. 2.2.2. Rural Residential Zones

A. Rural (R)
The intent of the R zone is to preserve rural areas of the County for agriculture and other natural resource development, residential uses of a rural character, extensive recreational facilities, and protection of scenic and environmentally sensitive areas.

2. Residential Low Density (R-200)

The intent of the R-200 zone is to provide designated areas of the County for residential purposes with a minimum lot size of 20,000 square feet. The predominant use is residential in a detached house.

b. Rural Cluster (RC)

The intent of the RC zone is to provide designated areas of the County for a compatible mixture of agriculture uses and very low-density residential development, and to protect scenic and environmentally sensitive areas. The RC zone

3. Residential Medium Density (R-90, R-60, R-40)

The intent of the R-90 ,R-60, and R-40 zones is to provide designated areas of the County for moderate density residential purposes. In the R-90 and R-60 zones, the predominant use is residential in a detached house. In the

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R-40 zone, the predominant use is residential in a duplex or detached house. A limited number of other building types may be allowed in these zones under the Optional Method of Development.

services, and public facilities and amenities, where parking is prohibited between the building and the street; 4. allow a flexible mix of uses, densities, and building heights appropriate to various settings to ensure compatible relationships with adjoining neighborhoods; 5. integrate an appropriate balance of employment and housing opportunities; and 6. standardize optional method development by establishing minimum requirements for the provision of public benefits that will support and accommodate density above the standard method limit.

b. Residential Townhouse Zones (TLD, TMD, THD)

The intent of the TLD, TMD, and THD zone is to provide designated areas of the County for residential purposes at slightly higher densities than the Residential Medium Density zones. A further intent of the Residential Townhouse zones is to provide a buffer or transitional uses between nonresidential or high-density residential uses and the medium- or low-density Residential zones.

c. Residential Multi-Unit Zones (R-30, R-20, R-10)

The intent of the R-30, R-20, and R-10 zones is to provide designated areas of the County for higher-density, multi-unit residential uses. The predominant use is residential in an apartment/condo building, although detached house, duplex, and townhouse building types are allowed within these zones.

b. Commercial Residential Neighborhood (CRN)

The CRN zone is intended for pedestrian-scale, neighborhood-serving mixed-use centers and transitional edges. Retail tenant ground floor footprints are limited in order to preserve community scale.

Sec. 2.2.4. Commercial/Residential Zones

A. In General
The CRN, CRT, and CR zones permit a mix of residential and nonresidential uses at varying intensities and heights. The zones promote economically, environmentally, and socially sustainable development patterns where people can live, work, recreate, and access services and amenities while minimizing their reliance on automobile use. The application of the CRN, CRT, and CR zones is appropriate where impacts can be mitigated by co-locating housing, jobs, and services. The intent of the CRN, CRT, and CR zones is to: 1. implement the policy recommendations of applicable master or sector plans; 2. target opportunities for redevelopment of single-use commercial areas and surface parking lots with a mix of uses; 3. reduce dependence on the automobile by encouraging development that integrates a combination of housing types, mobility options, commercial

c. Commercial Residential Town (CRT)

The CRT zone is intended for small downtown, mixed-use, pedestrian-oriented centers and edges of larger, more intense downtowns. Retail tenant ground floor footprints are limited in order to preserve the town center scale. Transit options may include light rail, Metro, and bus.

D. Commercial Residential (CR)

The CR zone is intended for larger downtown, mixed-use, and pedestrian-oriented areas in close proximity to transit options such as Metro, light rail, and bus. Retail tenant gross floor area is not restricted.

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Sec. 2.2.5. employment Zones

A. In General
The EG, ELS, and EOF zones permit nonresidential uses including office, technology, and general commercial uses with limited residential use at varying intensities and heights. The EG, ELS, and EOF zones promote economic diversity and job creation in development patterns where people can work, learn, and recreate while minimizing their reliance on automobile use. The application of the EG, ELS, and EOF zones is appropriate for targeting jobs and services co-located near diverse housing options. In the Employment zones, residential uses are generally limited to 30% of the total allowed density in a given area. The intent of the EG, ELS, and EOF zones is to: 1. implement the policy recommendations of the applicable master and sector plans; 2. target opportunities for employment, technology, and general commercial uses; 3. reduce dependence on the automobile by providing employment areas with supporting residential and retail uses; 4. allow a flexible mix of uses, intensities, and building heights appropriate to various settings to ensure compatible relationships with adjoining neighborhoods; and 5. establish minimum requirements for the provision of public benefits.

c. Employment Neighborhood Retail (ENR)

1. The ENR zone is intended to provide for safe, active, lower density areas with the need for convenient automobile access. The ENR zone addresses development opportunities within primarily residential areas with few alternative mobility options and without a critical mass of density needed for pedestrian-oriented commercial uses. 2. Building form standards allow flexibility in building, circulation, and parking lot layout.

D. Employment Life Sciences (ELS)

The ELS zone is intended primarily for research, development, education, and related activities. Retail sales and personal services are allowed but are intended for the convenience of employees and residents in the zone.

e. Employment Office (EOF)

The EOF zone is intended for office and employment activity combined with limited residential and neighborhood commercial uses. Building form standards allow flexibility in building, circulation, and parking lot layout.

Sec. 2.2.6. Industrial Zones

A. Light Industrial (IL)
The IL zone is intended to provide land for industrial activities where major transportation links are not typically necessary and noise, dust, vibration, glare, odors, and other adverse environmental impacts are usually minimal.

b. Employment General Retail (EGR)

1. The EGR zone is intended to provide for safe, active, and medium-density areas with the need for convenient automobile access. The EGR zone addresses development opportunities adjacent to the Countys most autodominated corridors and those areas with few alternative mobility options. 2. Building form standards allow flexibility in building, circulation, and parking lot layout. Retail tenant gross floor area is not restricted.

b. Heavy Industrial (IH)

The IH zone is intended to provide land for industrial activities that usually need major transportation links to highways or rail and may create significant noise, dust, vibration, glare, odors, and other adverse environmental impacts.

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Sec. 2.2.7. Overlay Zones

A. In General
The NP, SPA and TDR Overlay zones provide regulations and standards that are necessary to achieve the planning goals and objectives for development of a particular area.

a. protect the water quality and quantity of the applicable watershed and its tributaries, as well as the biodiversity within the area; b. regulate the amount and location of impervious surfaces in order to maintain levels of groundwater, control erosion, and allow the ground to filter water naturally and control temperature; and c. regulate land uses that could adversely affect the applicable stream system resources. 2. Land uses that are restricted in these areas and general requirements for resource protection are specified in Article 4. 3. Particular additional controls on impervious surfaces and environmental protections may be specified by the applicable master or sector plan.

b. Neighborhood Preservation (NP) Overlay

1. The NP Overlay zone is intended to: a. preserve the distinct character of a neighborhood regarding uses, intensity of development, and unique design attributes; b. regulate land uses, development standards, general requirements, and review process over the restrictions and allowances of the underlying zone; and c. establish a format and process for recommending NP Overlay zones through a master or sector plan and a means to codify the further restrictions and allowances governing a particular NP Overlay zone. 2. Each mapped NP Overlay zone will be given a subsection in Article 4 establishing: a. The area within the applicable master plan subject to the NP Overlay zone; b. The uses allowed or restricted notwithstanding the allowances and restrictions of the underlying zone; c. The development standards required or permitted notwithstanding the required or permitted development standards of the underlying zone; d. The review process that must be followed notwithstanding the review process required by any applicable criteria in the underlying zone; and e. The general requirements required or permitted notwithstanding the required or permitted general requirements of the underlying zone.

D. Transferable Development Rights (TDR) Overlay

1. The TDR Overlay zone is intended to allow the purchase of development rights from the Agricultural Reserve (AR) zone in order to protect the Countys agricultural and rural heritage. 2. The TDR Overlay zone is mapped on particular areas in the County that may purchase transferable development rights (TDRs) from the AR zone. 3. In any specified area, the applicable master or sector plan must specify the number of TDRs that may be purchased in exchange for increased density and more flexible development standards intended to supersede underlying zone classification. 4. Additional residential building types may be allowed but development standards and general requirements are finalized through an approved site plan based on evaluation of compatibility and impacts on surrounding communities. 5. A minimum site area is required for development under the TDR Overlay zone; other base criteria must be met to ensure adequate circulation, building relationships, amenities, and open space.

c. Special Protection Area (SPA) Overlay

1. The SPA Overlay zone is intended to:

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Div. 2.3. Floating Zone Intent Statements

Sec. 2.3.1. In General
The Residential Floating, Commercial/Residential Floating, and Employment Floating zones are intended to provide an alternative to development under the restrictions of the Euclidean zones mapped by Sectional Map Amendment (the Agricultural, Rural, Residential, Commercial/Residential, Employment, Industrial, and Overlay zones). In exchange for flexible uses, use standards, development standards, and general requirements, a Floating zone application must file a rezoning application and Floating Zone Map Amendment that has substantial opportunities for public input and discussion to ensure compatibility with the respective setting. The intent of the Floating zones is to: A. implement the objectives of the General Plan and applicable master or sector plan; B. provide flexibility in the planning and construction of development projects by allowing a combination of uses developed under an approved Floating Zone Map Amendment that protects adjacent properties; C. provide an environment within the layout of a site that contributes to a sense of community and creates a distinctive neighborhood character; D. encourage the preservation and enhancement of natural amenities and cultural resources and to provide a minimum amount of open space; E. provide for a more efficient arrangement of land uses, buildings, circulation systems, and infrastructure; and F. encourage infill projects and the development of sites made difficult for conventionally designed development because of shape, size, abutting development, poor accessibility, or environmental factors. are finalized through an approved Floating Zone Map Amendment and site plans based on evaluation of compatibility and impacts on surrounding communities. C. Site area determines maximum density; other base criteria must be met to ensure adequate circulation, building relationships, amenities, and open space.

Sec. 2.3.3. Commercial/Residential Floating Zones

A. The Commercial/Residential Floating zones (CRNF, CRTF, and CRF) are intended to allow development of mixed-use centers and communities at a range of densities and heights flexible enough to respond to various settings. B. Uses are generally flexible to allow construction of retail, service, office and residential development appropriate to the site area: for example, smaller sites will typically allow only basic retail services in small bays, whereas larger sites will allow larger commercial uses to provide necessary services to a larger population. C. Use restrictions, density, building heights, development standards, and general requirements, however, are finalized through an approved Floating Zone Map Amendment and site plans based on evaluation of compatibility and impacts on surrounding communities. D. Site area determines maximum density; other base criteria must be met to ensure adequate circulation, building relationships, amenities, and open space.

Sec. 2.3.4. Employment Floating Zones

A. The Employment Floating zones (EGRF, ENRF, EOFF, and ELSF) are intended to allow development of mixed-use centers and communities primarily with office uses and supporting housing, and accessory retail at a range of densities and heights flexible enough to respond to various settings. B. Uses are restricted to commercial uses with generally higher jobs-to-housing ratios, housing to support a portion of the proposed workforce, and accessory retail to provide basic services to employees and residents. C. Use restrictions, density, building heights, development standards, and general requirements, however, are finalized through an approved Floating Zone Map

Sec. 2.3.2. Residential Floating Zones

A. The Residential Floating zones (RDF, TF, and AF) are intended to allow development of primarily residential uses with limited accessory commercial uses allowed to provide for daily needs of the community. B. Use restrictions, building types, density, building heights, development standards, and general requirements are flexible to respond to various settings, but

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Amendment and site plans based on evaluation of compatibility and impacts on surrounding communities. D. Site area determines maximum density; other base criteria must be met to ensure adequate circulation, building relationships, amenities, and open space.

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Div. 2.4. Zoning map

[To be completed]

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Article 59-3. Uses and Use Standards

Div. 3.1. USe TAble
Sec. 3.1.1. Key to Use Table .......................................................................3 3 Sec. 3.1.2. Use Definitions ........................................................................3 3 Sec. 3.1.3. Accessory Uses Defined...........................................................3 3 Sec. 3.1.4. Temporary Uses Defined ..........................................................3 3 Sec. 3.1.5. Transferable Development Rights ........................................ 3 4 Sec. 3.1.6. Uses Not Specifically Listed .................................................. 3 4 Sec. 3.1.7. Use Table .................................................................................. 3 6

Div. 3.4. civic AnD inSTiTUTionAl USeS

Sec. 3.4.1. Ambulance, Rescue Squad (Private) ......................................3 33 Sec. 3.4.2. Charitable, Philanthropic Institution .................................3 33 Sec. 3.4.2. Cultural Institution .............................................................3 33 Sec. 3.4.3. Day Care Facility ....................................................................3 34 Sec. 3.4.4. Educational Institution (Private) ........................................3 35 Sec. 3.4.5. Hospital.................................................................................. 3 37 Sec. 3.4.7. Park, Playground (Private) ................................................... 3 37 Sec. 3.4.8. Private Club, Service Organization ...................................... 3 37 Sec. 3.4.9. Public Use (Except Utilities) ..................................................3 38 Sec. 3.4.10. Religious Assembly ..............................................................3 38 Sec. 3.4.11. Swimming Pool (Community) ................................................3 38

Div. 3.2. AgricUlTUrAl USeS

Sec. 3.2.1. Agricultural Auction Facility ...............................................3 14 Sec. 3.2.2. Agricultural Processing ......................................................3 14 Sec. 3.2.3. Community Garden ................................................................3 14 Sec. 3.2.4. Equestrian Facility ...............................................................3 15 Sec. 3.2.5. Farm Supply or Machinery Sales, Storage and Service .......3 16 Sec. 3.2.6. Farming ..................................................................................3 16 Sec. 3.2.7. Nursery ................................................................................. 3 17 Sec. 3.2.8. Slaughterhouse ....................................................................3 18 Sec. 3.2.9. Winery ....................................................................................3 18 Sec. 3.2.10. Accessory Agricultural Uses..............................................3 18 Sec. 3.2.11. Temporary Agricultural Uses ............................................ 3 20

Div. 3.5. commerciAl USeS

Sec. 3.5.1. Animal Services ......................................................................3 39 Sec. 3.5.2. Communication Facility .........................................................3 41 Sec. 3.5.3. Eating and Drinking .............................................................. 3 44 Sec. 3.5.4. Funeral and Interment Services.......................................... 3 45 Sec. 3.5.5. Landscape Contractor ......................................................... 3 46 Sec. 3.5.6. Lodging ................................................................................. 3 46 Sec. 3.5.7. Medical and Dental .............................................................. 3 46 Sec. 3.5.8. Office and Professional ...................................................... 3 48 Sec. 3.5.9. Parking .................................................................................. 3 49 Sec. 3.5.10. Recreation and Entertainment ...........................................3 50 Sec. 3.5.11. Retail Sales and Service ......................................................3 53 Sec. 3.5.12. Vehicle/Equipment Sales and Rental ................................. 3 54 Sec. 3.5.13. Vehicle Service..................................................................... 3 56 Sec. 3.5.14. Accessory Commercial Uses ............................................... 3 58 Sec. 3.5.15. Temporary Commercial Uses............................................... 3 60

Div. 3.3. reSiDenTiAl USeS

Sec. 3.3.1. Household Living ...................................................................3 21 Sec. 3.3.2. Group Living ...........................................................................3 22 Sec. 3.3.3. Accessory Residential Uses ..................................................3 25

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Div. 3.6. inDUSTriAl USeS

Sec. 3.6.1. Animal Research Facility ...................................................... 3 62 Sec. 3.6.2. Contractor Storage Yard .................................................... 3 62 Sec. 3.6.3. Dry Cleaning Facility ........................................................... 3 62 Sec. 3.6.4. Manufacturing and Production ......................................... 3 62 Sec. 3.6.5. Mining, Excavation ................................................................3 63 Sec. 3.6.6. Transportation.....................................................................3 63 Sec. 3.6.7. Utilities ..................................................................................3 65 Sec. 3.6.8. Warehouse ............................................................................ 3 66 Sec. 3.6.9. Waste-Related .......................................................................3 67

Div. 3.7. miScellAneoUS USeS

Sec. 3.7.1. Accessory Buildings, Structures, and Uses ....................... 3 68

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Div. 3.1. Use Table

Sec. 3.1.1. Key to Use Table
The Use Table (Sec. 3.1.7) in this Division (Div. 3.1) identifies uses allowed in each zone. The key for this table is:

Sec. 3.1.3. Accessory Uses Defined

A. An accessory use is a use which is customarily incidental and subordinate to the principal use of a property or the principal building, and located on the same property as the principal use or building. B. An accessory structure is not attached by any part of a common wall or common roof to the principal building, except for an attached accessory apartment.

A. Permitted Use (P)

A "P" indicates that the use is permitted in the zone.

b. limited Use (l)

A "L" indicates that the use is permitted if it meets the limited use standards in Div. 3.2 through Div. 3.7.

Sec. 3.1.4. Temporary Uses Defined

A temporary use is a use that: A. is temporary in nature; B. is established for a fixed period of time with the intent to discontinue the use when that period of time is over; C. does not involve the construction or alteration of any permanent structure; and D. requires a temporary use permit under Div. 8.4 with the following exceptions:

c. conditional Use (c)

A "C" indicates that the use must meet the conditional use standards in Div. 3.2 through Div. 3.7 and requires approval by the Hearing Examiner or Board of Appeals, as indicated, subject to the findings in Div. 8.3.

D. blank cell
A blank cell indicates that a use is prohibited in that zone.

Sec. 3.1.2. Use Definitions

A. The uses listed in Div. 3.2 through Div. 3.7 match those in the Use Table. Some rows on the Use Table contain individual uses, while other rows represent a use group (a group of uses defined by a single term or phrase). Where standards are provided for a use group, these standards apply to all individual uses within the group, in addition to any standards provided for individual uses. B. Where a use definition in Div. 3.2 through Div. 3.7 contains a list of included uses, these are to be considered typical or example uses, and not all-inclusive. C. Where a particular use is not specifically listed, DPS may allow the use under Sec. 3.1.6.

1. construction Dumpsters
One construction dumpster is permitted on-site in association with a valid building permit. The use of a dumpster past expiration of the building permit is prohibited.

2. garage or Yard Sales

a. A garage sale or yard sale is the sale, on residential property, of goods previously used by a resident of the property. This also includes all similar sales activities such as moving sales, estate sales and community sale. b. A garage sale is not a vending activity unless it exceeds the limits in Chapter 47.

3. Self-Storage containers
a. A storage container for household or other goods located in any yard is permitted for a maximum of 30 consecutive days twice per calendar year. b. The storage container must be placed completely on-site (and is not permitted to be placed in any public right-of-way). c. The storage container must be placed on a paved surface.
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Sec. 3.1.5. Transferable Development rights

The following uses are prohibited if the property on which the use is located is in the RDT zone and is encumbered by a recorded Transfer of Development Rights easement. However, any building existing on October 2, 2007 may be repaired or reconstructed if the floor area of the building is not increased and the use is not changed.

e. industrial
1. Mining, Excavation

Sec. 3.1.6. Uses not Specifically listed

A. Any use not specifically listed is prohibited unless DPS determines that the use is similar in impact, nature, function, and duration to an allowed use listed in this Division. Where the similar allowed use is subject to a limited or conditional use standard and approval, the proposed use must also be subject to such standard and approval. B. To determine if the proposed use is similar in impact, nature, function, and duration to the other use types allowed in a specific zone, DPS must review relevant characteristics of the proposed use, including but not limited to the following: 1. The size, type and volume of items or services sold and nature of inventory on the premises; 2. Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution; 3. The amount and nature of any adverse impacts generated on the premises, including but not limited to noise, smoke, odor, illumination, glare, vibration, radiation, and fumes; 4. Any dangerous, hazardous, toxic, or explosive materials used on the premises; 5. The nature and location of storage and display of merchandise, whether enclosed, open, inside or outside the principal building; predominant types of items stored (such as business vehicles, work-in-process, inventory and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders); 6. The type, size, and nature of buildings and structures; 7. The number of employees and customers in relation to business hours and employment shifts; 8. Transportation requirements, including the modal split for people and freight, by volume and type of traffic generation to and from the site; 9. Parking requirements, turnover and generation, and the potential for shared parking with other use types; and

A. Agricultural
1. Agricultural Auction Facility 2. Farm Supply, Machinery Sales, Storage and Service

b. residential
1. Accessory Apartment 2. Group Living 3. Home Health Practitioner 4. Home Occupation (Low Impact) 5. Home Occupation (Major Impact )

c. civic and institutional

1. Charitable, Philanthropic Institution 2. Day Care Facility 3. Fire/EMS (Private) 4. Private Club, Service Organization 5. Religious Assembly

D. commercial
1. Animal Services 2. Bed and Breakfast 3. Cemetery 4. Funeral Home, Undertaker 5. Rural Antique Shop 6. Shooting Range Outdoor 7. Transitory Use 34

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10. Any special public infrastructure needed to serve the proposed use, including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions, and any significant power structures and communications towers or facilities.

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Sec. 3.1.7. Use Table

The following Use Table identifies uses allowed in each zone.

residential Definitions Ag and Standards RDT rural residential R rc residential Detached r-90 r-60 r-40 residential Townhouse TlD TmD THD residential multi-Unit r-30 r-20 r-10 commercial/ residential employment industrial il IH

USe or USe groUP Agricultural Auction Facility Agricultural Processing Community Garden Equestrian Facility Farm Supply, Machinery Sales, Storage, and Service Farming Crop Farming Livestock Farming Urban Farming Nursery Nursery (Retail) Nursery (Wholesale) Slaughterhouse Winery Accessory Agricultural Uses Agricultural Education/Tourism Animal Husbandry Farm Airstrip Farm Market, On-site Temporary Agricultural Uses Agricultural Vending Seasonal Outdoor Sales

rnc re-2 re-2c re-1 r-200

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AgricUlTUrAl

3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.6.B 3.2.6.C 3.2.6.D 3.2.7 3.2.7.A 3.2.7.B 3.2.8 3.2.9 3.2.10 3.2.10.A 3.2.10.B 3.2.10.C 3.2.10.D 3.2.11 3.2.11.A 3.2.11.B 3.3.1 3.3.1.B 3.3.1.C

C C L L C C L L C L L C L L L C L C L C L C P P L L L L L L L L L L L L L L L L P L P

P P

L L

L L L L L L L L L P L P L P L P L L L

C C C L L P C L

C C C L

C C C

C C

P L

P C L

P L

L L L

L L L L

L L L P

L L P P

L L L P

L L

L L L

L L L L

L L L P

L
L L

Household Living Single-Unit Living Two-Unit Living

reSiDenTiAl

P Key:

P L

P P

L L

P = Permitted Use

L = Limited Use

C = Conditional Use

Blank Cell = Use Not Allowed

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USe or USe groUP Townhouse Living Multi-Unit Living Group Living Dormitory Independent Living Facility for Seniors or Persons with Disabilities Personal Living Quarters (Up to 50 Individual Living Units) Personal Living Quarters (Over 50 Individual Living Units) Residential Care Facility (Up to 8 Persons) Residential Care Facility (9 - 16 Persons) Residential Care Facility (Over 16 Persons) Accessory Residential Uses Attached Accessory Apartment, Small (Up to 800 SF) Attached Accessory Apartment, Large (Up to 1,200 SF) Detached Accessory Apartment, Small (Up to 800 SF) Detached Accessory Apartment, Large (Up to 1,200 SF) Dwellings for Caretakers/ Watchkeepers Farm Tenant Dwelling

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3.3.1.D 3.3.1.E 3.3.2 3.3.2.B 3.3.2.C 3.3.2.D 3.3.2.D 3.3.2.E 3.3.2.E 3.3.2.E 3.3.3 3.3.3.A 3.3.3.A 3.3.3.B 3.3.3.B 3.3.3.C 3.3.3.D L Key: L L L C C C L C C C L C C C L C C P C C P C C C C

P P

L L

L L P

L L

L L C

L L C P P C

L L C P L L

L L C P P P

L L C

P C C

P P C

L C C C

L L L L

L L

L C

L C C C

L L L L

L L L L P P P

L Blank Cell = Use Not Allowed

P = Permitted Use

L = Limited Use

C = Conditional Use

[Editor's Note: The Accessory Apartment information is based on the recommendation from the Special Exception ZAP Working Group. There is a Zoning Text Amendment (ZTA) on Accessory Apartments with modified text currently before the Council (ZTA 12-11).]
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USe or USe groUP Home Health Practitioner (Low Impact) Home Health Practitioner (Major Impact) Home Occupation (No Impact) Home Occupation (Low Impact) Home Occupation (Major Impact) Live/Work Units

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3.3.3.E 3.3.3.E 3.3.3.F 3.3.3.F 3.3.3.F 3.3.3.G 3.4.1. 3.4.2 3.4.3 3.4.4 3.4.4.C 3.4.4.D 3.4.4.E 3.4.4.F 3.4.5 3.4.6 3.4.7 3.4.8 3.4.9 3.4.10 3.4.11 3.5.1 3.5.1.B 3.5.1.C

L C L L C

C C L L C

C C L L C P

C C L L C P L

C C L L C P P P P P P P P P P P P P P

C C L L C P P P P P P P P P C P L P P C

C C L L C P P C

C C L L C P P P P

L L P P P P P P P P P C P L P P C L P P P P P P P P P C P

Ambulance or Rescue Squads (Private) Cultural Institution Day Care Facility

civic AnD inSTiTUTionAl

C C C C L P L C C P L C C C P C P L C P P C P L C C C P C P P C C L P L C C C P C P P C C L P L C C C C P C P P C P P C P L C C C C P C C P P L C C C C P C P P C C P P L C C C C P C P P C C P P C C C C C P C P P C C P P C C C C C P C P P C P P C C C C C P C P P C P P C C C C C P C P P C P P C C C C C P C P P C P P C C C C C P C P P C P P C C C C C P C P P C

C P

Charitable, Philanthropic Institution

P P P P P L P P P P P P

P P C C C C C P C P P C

L P P P L L P L P P

Family Day Care (Up to 8 Persons) Group Day Care (9 - 12 Persons) Day Care Center (13 - 30 Persons) Day Care Center (Over 30 Persons) Educational Institution (Private) Hospital Park, Playground (Private) Private Club, Service Organization Public Use (Except Utilities) Religious Assembly Swimming Pool (Community) Animal Services

P P P P P P P P

P P P P P P P P P P

commerciAl

Animal Boarding and Care Veterinary Office/Hospital

C C Key:

C C

C C C C Blank Cell = Use Not Allowed C = Conditional Use

C L

C L L

L L

P = Permitted Use

L = Limited Use

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USe or USe groUP Communication Facility Cable Communications System Freestanding Wireless Communications Tower Media Broadcast Tower Eating and Drinking Country Inn Restaurant Funeral and Interment Services Cemetery Crematory Services Funeral Home, Undertaker Landscape Contractor Lodging Bed and Breakfast Hotel, Motel Medical and Dental Clinic (Up to 4 Medical Practitioners) Clinic (More than 4 Practitioners) Medical, Dental Laboratory Office and Professional Office Nonresident Professional Research and Development Parking Structured Parking Surface Parking for Use Allowed in the Zone

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3.5.2 3.5.2.A 3.5.2.B 3.5.2.C 3.5.3 3.5.3.A 3.5.3.B 3.5.4 3.5.4.A 3.5.4.B 3.5.4.C 3.5.5 3.5.6 3.5.6.B 3.5.6.C 3.5.7 3.5.7.A 3.5.7.B 3.5.7.C 3.5.8 3.5.8.A 3.5.8.B 3.5.8.C 3.5.9 3.5.9.B 3.5.9.C Key: P P = Permitted Use P P P P P P P P P P P P P P P P P P P P P C C C P P P L P P P P P P L P P C C C P L P P P P P P P P P P P P P P P P P P L L L L L L L L C C L L P P P P P C C C C C C C C C C C C C C C C P C P C C C C C C C C C C C L P P P P P P C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C P L L C L C C L C C L P

L = Limited Use

C = Conditional Use

Blank Cell = Use Not Allowed

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USe or USe groUP Surface Parking for Commercial Uses in a Historic District Recreation and Entertainment Adult Entertainment Campground Conference Center Golf Course, Country Club Health Clubs and Facilities Recreation and Entertainment Facility, Indoor (Capacity up to 1,000) Recreation and Entertainment Facility, Outdoor (Capacity up to 1,000) Recreation and Entertainment Facility, Major (Capacity over 1,000) Shooting Range (Indoor) Shooting Range (Outdoor) Retail Sales and Service Retail/Service Establishment (Up to 5,000 SF) Retail/Service Establishment (5,001 - 15,000 SF) Retail/Service Establishment (15,001 - 49,999 SF) Retail/Service Establishment (50,000 SF and Over) Rural Antique Shop Rural Country Market

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3.5.9.D 3.5.10 3.5.10.A 3.5.10.B 3.5.10.C 3.5.10.D 3.5.10.E 3.5.10.F

L C C C C C P C C C C C C C C C C C C L C P P P P P C P P P C P C P C P C

L C P C

3.5.10.G

3.5.10.H 3.5.10.I 3.5.10.J 3.5.11 3.5.11.A 3.5.11.A 3.5.11.A 3.5.11.A 3.5.11.B 3.5.11.C C C Key: C C C C C C C C C C C

C C

C C C

P L

P P P L

P P P P

L L L

P P L L

L L L L

C C C

C C C = Conditional Use Blank Cell = Use Not Allowed

P = Permitted Use

L = Limited Use

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USe or USe groUP Vehicle/Equipment Sales and Rental Heavy Vehicle Sales and Rental Light Vehicle Sales and Rental (Indoor) Light Vehicle Sales and Rental (Outdoor) Vehicle Service Automobile Storage Lot Car Wash Fuel Sales Repair (Commercial Vehicle) Repair (Minor) Repair (Major) Accessory Commercial Uses Amateur Radio Facility (Up to 65 feet) Amateur Radio Facility (Over 65 feet) Commercial Kitchen Drive-Thru Facility Helistop Wireless Communication on Existing Structure Temporary Commercial Uses Construction Administration or Sales Office Special Event Parking Transitory Use

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3.5.12 3.5.12.A 3.5.12.B 3.5.12.C 3.5.13 3.5.13.A 3.5.13.B 3.5.13. C 3.5.13.D 3.5.13.E 3.5.13.F 3.5.14 3.5.14.A 3.5.14.B 3.5.14.C 3.5.14.D 3.5.14.E 3.5.14.F 3.5.15 3.5.15.A 3.5.15.B 3.5.15.C L Key: L L L L L L L L L L L L P = Permitted Use L L L L L L L L L L L L L L L L L L L L L L L L = Limited Use C = Conditional Use Blank Cell = Use Not Allowed L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L P C P C P C P C P C P C P C P C P C L P C L L L L C L L L C L L C L P C L C L P C P C P C P C P C P C P C P C P C P C P C P C P C P C P C P C L C L C L L C C C L C C C C C C C C C L C P P P L L P P C P L C P P P

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USe or USe groUP Animal Research Facility Contractor Storage Yard Dry Cleaning Facility (Up to 3,000 SF) Dry Cleaning Facility (Over 3,000 SF) Manufacturing and Production Artisan Manufacturing and Production Heavy Manufacturing and Production Light Manufacturing and Production Medical/Scientific Manufacturing and Production Mining, Excavation Transportation Bus, Rail Terminal Helipad, Heliport Taxi/Limo Facility Utilities Pipeline (Above Ground) Pipeline (Below Ground) Public Utility Building or Structure Renewable Energy Generation Transmission Lines (Above Ground) Transmission Lines (Below Ground)

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inDUSTriAl

3.6.1 3.6.2 3.6.3.A 3.6.3.B 3.6.4 3.6.4.A 3.6.4.B 3.6.4.C 3.6.4.D 3.6.5 3.6.6 3.6.6.A 3.6.6.B 3.6.6.C 3.6.7 3.6.7.A 3.6.7.B 3.6.7.C 3.6.7.D 3.6.7.E 3.6.7.F P P Key: P P P P P P L P L P L P L P L P L P L P P P P P P P P P P L P L P L P P P P C P C C P C C P C P C C P C P C C P C C P C C P C C P C C P C P C P C P C C P C C P C C P C C P C C P L C P L P P C P C L L L L P C P P P C C C L P P P P L L L L

P L L P P P P P

P P P P P P L C L P P P P C P P P C P C P P P C P P C P C P

P P

L P

P P

P = Permitted Use

L = Limited Use

C = Conditional Use

Blank Cell = Use Not Allowed

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USe or USe groUP Warehouse Freight Movement Mineral Storage Self-Storage Storage Facility (Up to 10,000 SF) Storage Facility (Over 10,000 SF) Waste-Related Hazardous Material Storage Incinerator Landfill Recycling Collection and Processing

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3.6.8 3.6.8.A 3.6.8.B 3.6.8.C 3.6.8.D 3.6.8.D 3.6.9 3.6.9.A 3.6.9.B 3.6.9.C 3.6.9.D 3.6.9.F C C C P C C L C L P L L P L P P P P P P P

miScellAneoUS
Accessory Buildings, Structures and Uses

Transfer Station

3.7.1

L Key:

P = Permitted Use

L = Limited Use

C = Conditional Use

Blank Cell = Use Not Allowed

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Div. 3.2. Agricultural Uses

Sec. 3.2.1. Agricultural Auction Facility
A. Defined
Agricultural auction facility is a sales establishment at which farm-related merchandise is sold to the highest bidder.

b. Use Standards
Where agricultural processing is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: 1. The minimum area of the lot is 10 acres. 2. The minimum setback for any agricultural processing structure from any property line is 75 feet. 3. The property must front on and have access to a road built to primary residential road or higher standards unless processing materials are produced on-site.

b. Use Standards
Where an agricultural auction facility is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: 1. The minimum area of the lot is 5 acres. 2. The minimum setback of the auction facility (whether enclosed within a building or not) and the parking area is 50 feet from any property line where the adjoining property is in residential use. 3. The Board of Appeals may specify the types of goods to be auctioned. 4. Evening and weekend operations may be permitted subject to the limits established by the Board of Appeals. 5. Where any adjoining property is in residential use, the noise level at the common property line must not exceed the requirements of Chapter 31B. 6. The agricultural exemption of Sec. 31B-14(c) is not applicable. 7. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

Sec. 3.2.3. community garden

A. Defined
Community garden is land gardened by a group of people for personal use or limited distribution and not for sale on-site. Includes cultivation of fruits, vegetables, flowers, ornamental plants, and beekeeping. Does not include Animal Husbandry (see Sec. 3.2.10.B, Animal Husbandry) or Urban Farming (see Sec. 3.2.6.D, Urban Farming).

b. Use Standards
Where a community garden is allowed as a limited use, it is subject to the following standards: 1. The total gross floor area of all structures, except greenhouses under paragraph 4 below, must not exceed 10% of the net property area dedicated to the community garden. 2. The maximum height for any accessory structure, including any pitched roof, is 12 feet. 3. Only manual or walk-behind mechanical equipment and practices commonly used in residential gardening may be used.

Sec. 3.2.2. Agricultural Processing

A. Defined
Agricultural processing is the operations that transform, package, sort, or grade farm products into goods that are used for intermediate or final consumption, including goods for non-food use, such as the products of forestry. Includes milk plant, grain elevator, and mulch or compost production and manufacturing. Does not include Slaughterhouse (see Sec. 3.2.8, Slaughterhouse).

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Sec. 3.2.4. equestrian Facility

A. Defined
Equestrian facility is any building, structure, or land area that is used primarily for the care, breeding, boarding, rental, riding, or training of horses or the teaching of equestrian skills. The facility may be used for events such as competitions, exhibitions, or other displays of equestrian skills.

hibited. Illumination is prohibited after 10:00 p.m. on Friday or Saturday, and after 9:00 p.m. on Sunday through Thursday. f. Equestrian event restrictions Number of Participants and Spectators Property Acreage Up to 17.9 acres 18 - 24.9 acres Hours of Operation Su-Th 6am9pm 6am9pm Fr-Sa 6am10pm 6am10pm Event 0-25 Unlimited on any day Informal Event 26-50 None Minor Event 51-150 None Major Event 151-300 None

b. Use Standards
1. Where an equestrian facility is allowed as a limited use, it is subject to the following standards: a. The minimum gross acreage per horse is as follows: i. for 1-2 horses, 2 acres;

ii. for 3-10 horses, one acre per horse; and iii. for more than 10 horses, 10 acres plus an additional one-half acre for each horse over 10. b. Any equestrian facility that keeps or boards more than 10 horses must meet all nutrient management, water quality, and soil conservation standards of the County and State. A nutrient management plan prepared by a qualified professional and a soil conservation and water quality plan prepared by the Montgomery Soil Conservation District Board must be submitted through a letter of certification by the landowner to DPS, or other relevant agency. Enforcement of the nutrient management, water quality, and soil conservation plans is the responsibility of the State of Maryland. The landowner must obtain all plans within one year after commencement of operations. c. Each building, show ring, paddock, outdoor arena, and manure storage area must be located at least 100 feet from any existing dwelling on an adjacent property. d. Amplified sound must meet all requirements of Chapter 31B. e. Any outdoor arena lighting must direct light downward using full cutoff fixtures, producing any glare or direct light onto nearby properties is pro25 - 74.9 acres 6am9pm 6am10pm

Unlimited on Unlimited Sat, Sun and holon any idays; maximum day of 6 weekdays per month

None

Maximum Unlimited on Unlimited Sat, Sun and hol- of 7 per year on any idays; maximum day of 6 weekdays per month

None

75+ acres

6am9pm

6am10pm

Maximum Maximum Unlimited on Unlimited Sat, Sun and hol- of 7 per year of 3 per year on any lasting up to idays; maximum day 3 consecuof 6 weekdays tive days per month each

g. A temporary use permit must be obtained from DPS for each event involving more than 150 participants and spectators, per day. The applicant must specify the nature of the event, the anticipated attendance of spectators and participants, the number of days the event will take place, the hours during which the event will take place, the area to be used for parking, any traffic control measures intended to be put in place, and any

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other information determined by DPS to be relevant to the issuance of the permit. A fee for issuance of the permit may be set by DPS. h. An equestrian facility conditional use application may be filed with the Board of Appeals to deviate from any limited use standard regarding: number of participants and spectators; number of events each year; event acreage; or hours of operation. Such a conditional use approval must be renewed every 5 years, at which time the Board of Appeals must evaluate the effectiveness of the terms and conditions of the original approval. 2. Where an equestrian facility is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all applicable limited use standards; Sec. 8.3.1, Conditional Use Plan; and the following standards: a. In the RDT, R, RC, and RNC zones: i. The equestrian facility must not adversely affect adjoining land uses or the surrounding road network.

(d) the hours of operation of any equestrian event or activity. iii. All animal waste must be handled in accordance with state requirements for nutrient management.

Sec. 3.2.5. Farm Supply or machinery Sales, Storage, and Service

A. Defined
Farm supply or machinery sales, storage, and service is the use of any building, structure, or land for the sales, storage, or service of machinery used in farming for agricultural purposes. Does not include sales, storage, or service of passenger vehicles and other machinery not associated with farming.

b. Use Standards
Where farm supply or machinery sales, storage, and service is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: 1. The minimum area of the lot is 2 acres. The Board of Appeals may require a larger area if warranted by the size and characteristics of the inventory. 2. The minimum setback from any property line for parking, buildings, or inventory storage is 50 feet, except that the minimum setback from the street may be reduced to 25 feet if the Board of Appeals finds that: a. the confronting site is in an Agricultural or Rural Residential zone; and b. the smaller setback would be compatible with surrounding uses. 3. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

ii. In evaluating the compatibility of an equestrian facility on the surrounding land uses, the Board of Appeals must consider that the impact of an agricultural use on surrounding land uses in an Agricultural or Rural Residential zone does not necessarily need to be controlled as stringently as the impact in a Residential zone. b. In the RE-2, RE-2C, RE-1, and R-200 zones: i. Any equestrian facility on less than 5 acres must establish through a pasture maintenance plan, feeding plan, and any other documentation the Board of Appeals requires, that the property contains sufficient open pasture to ensure proper care of the horses and proper maintenance of the property.

ii. The Board of Appeals may limit or regulate more stringently than limited use standards: (a) the number of horses that may be kept or boarded; (b) the number of horses that may be rented out for recreational riding or instruction; (c) the number and type of equestrian events that may be held in a one-year period; and

Sec. 3.2.6. Farming

A. Defined, in general
Farming is the use of a tract of land, with or without associated buildings, for purposes devoted to agriculture. Uses considered accessory to farming include: 1. Accessory agricultural processing and storage of products grown on-site. 2. The sale of products of agriculture and agricultural processing, if products are produced on-site.

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3. The sale of horticultural products grown off-site, but kept on the farm temporarily on a maximum of 2 acres or 20% of the site, whichever is less. 4. The delivery and installation of horticultural products grown on the farm.

2. Use Standards
Where urban farming is allowed as a limited use, it is subject to the following standards: a. The minimum area for an urban farm is 2,500 square feet. b. One fowl may be kept for every 1,000 square feet of land area; roosters are prohibited. c. Aquaculture is permitted in tanks or pools. d. The maximum total gross floor area of all structures,including aquaculture tanks or pools but excluding greenhouses, is 10% of the net property area on any urban farm. e. The minimum setback for accessory structures from any property line is 15 feet. f. The maximum height for any accessory structure, including any pitched roof, is 12 feet. g. Only manual or walk-behind mechanical equipment and practices commonly used in residential gardening may be used.

b. crop Farming
1. Defined
Crop farming is the growing and harvesting of produce and other plantbased agricultural products. Includes the cultivation of crops such as fruits, vegetables, cotton, grain, nuts, horticultural crops, cattle food, and sod.

2. Use Standards
Where crop farming is allowed as a limited use, sod farms and accessory agricultural processing are prohibited.

c. livestock Farming
1. Defined
Livestock farming is the keeping and raising of fowl and livestock, including cattle, swine, sheep, asses, mules, and goats. Includes accessory slaughtering. Does not include Equestrian Facility (see Sec. 3.2.4, Equestrian Facility).

2. Use Standards
Where livestock farming is allowed as a limited use, it is subject to the following standards: a. The minimum lot size is 5 acres. b. Accessory agricultural processing is prohibited.

Sec. 3.2.7. nursery

A. nursery (retail)
1. Defined
Retail nursery is the retail business of selling plants and plant materials grown on- or off-site, as well as garden supplies, equipment, and related items. Does not include Landscape Contractor (see Sec.3.5.5, Landscape Contractor).

D. Urban Farming
1. Defined
Urban farming is the cultivation of fruits, vegetables, flowers, and ornamental plants, as well as the limited keeping and raising of fowl or bees and the practice of aquaculture. Plants and animals or their products may be sold off-site, or on-site under the standards of a Farm Market, On-site (see Sec.3.2.10.D, Farm Market, On-site).

2. Use Standards
Where a retail nursery is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The minimum area of the lot is 2 acres. b. The minimum building setback from any property line is 50 feet; the minimum parking and outdoor storage setback is 25 feet.

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c. The property must front on and have access to a road built to primary residential or higher standards. d. Tools and equipment for sale must not be displayed outdoors.

Sec. 3.2.9. Winery

A. Defined
Winery is a facility for processing grapes or other fruit into wine for sale on-site or through wholesale or retail outlets. A minimum of 5 acres of grapes or other fruit must be grown on the same parcel as the processing facility.

b. nursery (Wholesale)
1. Defined
Wholesale nursery is the wholesale business of selling plants and plant materials grown on- or off-site to other businesses, as well as garden supplies, equipment, and related items. Fertilizers, plant food, and pesticides must not be produced but may be stocked and sold. Does not include Landscape Contractor (see Sec. 3.5.5, Landscape Contractor).

b. Use Standards
1. Where a winery is allowed as a limited use, it is subject to the following standards: a. In the RDT zone: i. A maximum of 9 days of events that require an entrance ticket or a cover charge are allowed each calendar year. Additional events require conditional use approval by the Board of Appeals under Sec. 8.3.1.

2. Use Standards
Where a wholesale nursery is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The minimum area of the lot is 2 acres. b. The minimum building setback from any property line is 50 feet; the minimum parking and outdoor storage setback is 25 feet.

ii. The maximum lighting level at any property line is 0.1 footcandle. b. In the R and RC zone, a maximum of 2 special events such as a wedding, festival, or other similar event are allowed each calendar year. Additional events require conditional use approval by the Board of Appeals under Sec. 8.3.1. 2. Where a winery is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The minimum area of the lot is 10 acres. b. The minimum setback for any structure from any property line is 75 feet, except that the minimum setback from the street is 50 feet if the adjacent property is in agricultural use. c. The property must front on and have access to a road built to primary or higher standards.

Sec. 3.2.8. Slaughterhouse

A. Defined
Slaughterhouse is any building, place, or establishment where livestock raised off-site are slaughtered for commercial purposes.

b. Use Standards
Where a slaughterhouse is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: 1. The minimum area of the lot is 20 acres. 2. The minimum setback from any property line is 75 feet. 3. The property must front on and have direct access to a road built to primary residential or higher standards.

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Sec. 3.2.10. Accessory Agricultural Uses

A. Agricultural education/Tourism
1. Defined
Agricultural Education/Tourism is agricultural and accessory activities conducted as part of a farms regular operations with emphasis on handson experiences that foster increased knowledge of farming, including low-impact cultivation methods, humane animal care, water conservation, Marylands farming history, the importance of eating healthy, locally grown foods, teamwork and personal responsibility, and other outdoor experiences and events on farms. Includes corn mazes, hay rides, and educational tours, classes, and workshops.

d. In the CRN, CRT,CR,EGR, ENR,ELS, EOF, IL, and IH zones, only bees are allowed.

c. Farm Airstrip
1. Defined
Farm airstrip is an accessory take-off and landing facility for an aircraft associated with farming operations.

2. Use Standards
Where a farm airstrip is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. Only one airplane is permanently housed at the airstrip. b. The applicant must obtain a favorable air space determination from the Federal Aviation Administration (FAA) in response to an application filed on Form 33 FAA 7480.1 titled Notice of Proposed Landing Area Established, or whatever form number and title the FAA may require. c. The minimum setback from any property line is 1,000 feet. d. The aircraft using the airstrip must aid farming operations. e. The airstrip must be unpaved.

2. Use Standards
Where agricultural education/tourism is allowed as a limited use, it is subject to the following standards: a. The minimum property size is 50 acres. b. A minimum of 60% of the property is maintained in agricultural cultivation, pasture land, woodland, or natural features.

b. Animal Husbandry
1. Defined
Animal husbandry is the accessory practice of raising hens, ducks, pygmy goats, rabbits, and bees.

D. Farm market, on-site

1. Defined
On-site farm market is the display and retail sale of agricultural products produced on the farm where the farm market is located, or agricultural products produced on another farm under the control of the owner or operator of that farm market. A limited portion of the sales may include agricultural products produced on another farm. An on-site farm market may include farm food products certified as non-potentially hazardous by the Department of Health and Human Services.

2. Use Standards
Where animal husbandry is allowed as a limited use, it is subject to the following standards: a. Any accessory structure used to house hens, ducks, pygmy goats, or rabbits must be located behind the rear building line and the minimum setback from any neighboring residential property line is 15 feet. b. One pygmy goat may be kept for every 2,000 square feet of land area and one hen, duck, or rabbit may be kept for every 1,000 square feet of land area. c. Roosters are prohibited.
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2. Use Standards
Where an on-site farm market is allowed as a limited use, it is subject to the following standards:

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a. In the RDT, R, RC, RNC, RE-2, RE-2C, RE-1, and R-200 zones: i. The minimum setback from the paved edge of the roadway for the sale and display area is 25 feet.

a. A temporary use permit from DPS is required. b. The minimum setback from any dwelling is 100 feet. c. The property must: i. be a minimum of 2 acres;

ii. A minimum of 3 off-street parking spaces is required. iii. Firewood sold at an on-site farm market must be cut and split on the farm or location where the wood is harvested. iv. A maximum of 25% of the on-site farm market display and sales area may be used for agricultural products not produced on a farm under the control of the owner or operator of the on-site farm market. In the event of crop failure due to drought, insect damage, disease, or other cause beyond the control of the owner or operator of the on-site farm market, DPS may, upon the recommendation of the Department of Economic Development and the Montgomery County Agricultural Advisory Committee and, for a limited period of time, permit more than 25% of the on-site farm market display and sales area to be used for agricultural products not produced on a farm under the control of the owner or operator of the on-site farm market. b. In the R-90, R-60, R-40, TLD, TMD, THD, R-30, R-20, R-10, CRN, CRT, CR, EGR, ENR, ELS, EOF, and IL zones: i. All merchandise for sale must be produced on-site.

ii. be used for nonresidential purposes; and iii. front on a roadway with a minimum of 4 travel lanes. 3. The maximum time the structure or vehicle used for sales can remain in the same location is 24 hours.

b. Seasonal outdoor Sales

1. Defined
Seasonal outdoor sales is the temporary sales of seasonal farm products offered annually for a limited period of time, such as the sale of pumpkins and evergreen trees.

2. Use Standards
Where seasonal outdoor sales use is allowed as a limited use, it is subject to the following standards: a. A temporary use permit from DPS is required. b. The property must be used for nonresidential purposes. c. Except where seasonal outdoor sales occur on the site of a religious assembly use, the property must front on and have access to a road built to primary or higher standards.

ii. The minimum setback for the sale and display area from any confronting or abutting property zoned Residential is 25 feet.

Sec. 3.2.11. Temporary Agricultural Uses

A. Agricultural vending
1. Defined
Agricultural vending is the sale of produce by a vendor who is a certified agricultural producer as defined in Chapter 47.

2. Use Standards
Where agricultural vending is allowed as a limited use, it is subject to the following standards:

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Div. 3.3. residential Uses

Sec. 3.3.1. Household living
A. Defined, in general
Household living is the residential occupancy of a dwelling unit by a household on a monthly or longer basis. i. a development including Optional Method Moderately Priced Dwelling Units (see Div. 6.1, MPDU Development in Rural Residential and Residential Zones); or

b. Single-Unit living
1. Defined
Single-unit living is one dwelling unit contained in a single structure.

ii. a cluster development (see Div. 6.2, Cluster Development in Rural Residential and Residential Zones). d. In the ELS zone, the gross floor area of all residential uses in an application must not exceed 30% of maximum allowed FAR mapped on subject site.

2. Use standards
Where single-unit living is allowed as a limited use, the gross floor area of all residential uses in an application must not exceed 30% of maximum allowed FAR mapped on subject site.

D. Townhouse living
1. Defined
Townhouse living is 3 or more dwelling units that are separated vertically by a party wall and contained in a single structure. Does not include Multi-Unit Living (see Sec. 3.3.1.E).

c. Two-Unit living
1. Defined
Two-unit living is 2 dwelling units contained in a single structure.

2. Use Standards
Where townhouse living is allowed as a limited use, it is subject to the following standards: a. 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 Div. 6.1, MPDU Development in Rural Residential and Residential Zones) if it is: i. served by public sewer service; or

2. Use Standards
Where two-unit living is allowed as a limited use, it is subject to the following standards: a. In the RNC, RE-2C, and RE-1 zones, two-unit living is permitted as part of a development including Optional Method Moderately Priced Dwelling Units (see Div. 6.1, MPDU Development in Rural Residential and Residential Zones)if it is: i. served by public sewer service; or

ii. designated for sewer service in an applicable master plan. b. 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 Div. 6.1, MPDU Development in Rural Residential and Residential Zones). c. In the R-90 and R-60 zones, townhouse living is permitted as part of:

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 Div. 6.1, MPDU Development in Rural Residential and Residential Zones). c. In the R-90 and R-60 zones, two-unit living is permitted as part of:

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a development including Optional Method Moderately Priced Dwelling Units (see Div. 6.1, MPDU Development in Rural Residential and Residential Zones); or

b. Dormitory
1. Defined
Dormitory is a building or portion of a building used for sleeping purposes in connection with a school, college, or other institution.

ii. a cluster development (see Div. 6.2, Cluster Development in Rural Residential and Residential Zones) that is a minimum of 10 acres in size; or iii. a cluster development (see Div. 6.2, Cluster Development in Rural Residential and Residential Zones) that is a minimum of 3 acres or more in size and recommended in a master or sector plan. d. In the EGR, ENR, ELS, and EOF zones, the gross floor area of all residential uses in an application must not exceed 30% of maximum allowed FAR mapped on subject site.

c. independent living Facility for Seniors or Persons with Disabilities

1. Defined
Independent living facility for seniors or persons with disabilities is a building or buildings containing dwelling units and related service facilities for senior adults or persons with disabilities. The use may include facilities for services for residents such as meal preparation and service, day care, personal care, nursing, or therapy, or any service to the senior adult or disabled population of the community that is an ancillary part of one of the above operations.

e. multi-Unit living
1. Defined
Multi-unit living is 3 or more dwelling units that are vertically or horizontally integrated and contained in a single structure. May include ancillary offices to manage, service, and maintain the development. Does not include Townhouse Living (see Sec. 3.3.1.D).

2. Use Standards
a. Where an independent living facility for seniors or persons with disabilities is allowed as a limited use, it is subject to the following standards: i. Facility must meet all applicable Federal, State, and County licensure, certificate and regulatory requirements.

2. Use Standards
Where multi-unit living is allowed as a limited use, it is subject to the following standards: a. In the EGR, ENR, ELS, and EOF zones, the gross floor area of all residential uses in an application must not exceed 30% of maximum allowed FAR mapped on subject site.

ii. Resident staff necessary for the operation of the facility are allowed to live on-site. iii. Occupancy of a dwelling unit is restricted to the following: (a) a senior adult or person with disabilities, as defined in Article 599, Defined Terms; (b) the spouse of a senior or disabled resident, regardless of age or disability; (c) a resident care-giver, if needed to assist a senior or disabled resident; or (d) in a development designed primarily for persons with disabilities rather than senior adults, one parent, daughter, son, sister, or brother of a handicapped resident, regardless of age or disability.

Sec. 3.3.2. group living

A. Defined, in general
Group living is the residential occupancy of a structure by a group of people that does not meet the definition of any Household Living use under Sec. 3.3.1. Tenancy is arranged on a monthly or longer basis. Generally, group living facilities have a common eating area for residents, and residents may receive care or training.

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(e) Age restrictions must comply with at least one type of exemption for housing for older persons from the familial status requirements of the federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, and subsequent amendments thereto. b. Where an independent living facility for seniors or persons with disabilities is allowed as a conditional use, it may be permitted by the Board of Adjustment subject to all limited use standards; Sec. 8.3.1, Conditional Use Plan; and the following standards: i. The site or the proposed facility has adequate accessibility to or provides on-site public transportation, medical service, shopping areas, recreation and other community services frequently desired by senior adults or persons with disabilities. The application must contain a vicinity map showing major thoroughfares, public transportation routes and stops, and the location of commercial, medical and public services within a one-mile radius of the proposed facility.

v. Notwithstanding the provisions of Sec. 4.4.8 (R-30) and Sec. 4.4.9, the maximum height of an Independant Living Facility for Seniors or Persons with Disabilities is 60 feet.

D. Personal living Quarters

1. Defined
Personal living quarters is any building or portion of a building containing more than 5 individual living units, which must have shared cooking facilities and may have shared sanitation facilities.

2. Use Standards a. Personal living Quarters (Up to 50 individual living Units)

Where personal living quarters (up to 50 individual living units) are allowed as a limited use, it is subject to the following standards: i. Each individual living unit must have a minimum gross floor area of 150 square feet and a maximum gross floor area of 385 square feet.

ii. The Board of Appeals may restrict the availability of ancillary services to nonresidents and specify the manner in which this is publicized. Retail facilities may be included for the exclusive use of the residents of the building. iii. A minimum of 15% of the dwelling units is permanently reserved for households of very low income, or 20% for households of low income, or 30% for households of MPDU income. If units are reserved for households of more than one of the specified income levels, the minimum percentage must be determined by agreement with the Department of Housing and Community Affairs in accord with Executive regulations. Income levels are defined in Article 59-9, Defined Terms. iv. Height, density, coverage, green area requirements and parking standards must be compatible with surrounding uses and the Board of Appeals reserves the right to modify any standards to maximize the compatibility of buildings with the residential character of the surrounding neighborhood.

ii. Each individual living unit is prohibited from having complete cooking facilities such as a stove, oven, or similar device, but may contain equipment for incidental food preparation, such as small portable kitchen appliances. iii. Each individual living unit may contain separate sanitation facilities. iv. Each individual living unit is subject to a rental agreement with a minimum lease term of at least 30 days. v. The maximum number of individual living units per acre is as follows: (a) R-30: 29 units per acre. (b) R-20: 43 units per acre. (c) R-10: 87 units per acre. vi. If individual living units are constructed on a lot or included in a building with complete dwelling units, the density standard for dwelling units in the zone applies to that portion of the lot that contains complete dwelling units.

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b. Personal living Quarters (over 50 individual living Units)

Where personal living quarters (over 50 individual living units) are allowed as a conditional use, it may be permitted by the Board of Appeals subject to all limited use standards for Personal Living Quarters (up to 50 individual living units), Sec. 8.3.1, Conditional Use Plan, and the following standards: i. An applicant for personal living quarters must submit evidence which shows how the maintenance and management of the personal living quarters will be provided. The Board of Appeals may require on-site management and maintenance.

e. Includes nursing home, assisted living facility, continuing care retirement community, hospice, and group home. Does not include Hospitals (see Sec. 3.4.6, Hospital) or Independent Living Facility for Seniors or Persons with Disabilities (see Sec. 3.3.2.C, Independent Living Facility for Seniors or Persons with Disabilities).

2. residential care Facility (Up to 8 Persons)

Where a residential care facility (up to 8 persons) is allowed as a limited use it may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

3. residential care Facility (9 - 16 Persons)

a. Where a residential care facility (9 - 16 persons) is allowed as a limited use, abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4. b. Where a residential care facility (9 - 16 persons) is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: i. Any property to be used as a group home for children provide ample outdoor play space, free from hazard and appropriately equipped for the age and number of children to be cared for.

ii. Common open space may be required by the Board of Appeals as follows: (a) 10% of the gross floor area of the personal living quarters if the smallest individual living unit has a gross floor area of less than 200 square feet. (b) 5% of the gross floor area of the personal living quarters if the smallest individual living unit has a gross floor area of 200 square feet or greater.

e. residential care Facility

1. Defined, in general
a. Residential care facility is a group care or similar facility for 24-hour medical or non-medical care for persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual. b. The facility must meet all applicable Federal, State, and County certificate, licensure and regulatory requirements. c. Resident staff necessary for operation of the facility are allowed to live on-site. d. The number of residents includes members of the staff who reside at the facility, but does not include infants of less than 2 months old.

ii. Height, density, coverage, green area requirements, and parking standards must be compatible with surrounding uses and the Board of Appeals reserves the right to modify any standards to maximize the compatibility of the building with the residential character of the surrounding neighborhood. iii. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

4. residential care Facility (over 16 Persons)

a. Where a residential care facility (over 16 persons) is allowed as a limited use, abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4.

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b. Where a residential care facility (over 16 persons) is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: i. The facility may provide ancillary services such as transportation, common dining room and kitchen, meeting or activity rooms, convenience commercial area or other services or facilities for the enjoyment, service or care of the residents, subject to restrictions by the Board of Appeals.

Editor's Note: The Accessory Apartment information is based on the recommendation from the Special Exception ZAP Working Group. There is a Zoning Text Amendment (ZTA) on Accessory Apartments with modified text currently before the Council (ZTA 12-11). (a) the spouse of a resident, regardless of age; (b) another relative of a resident, 50 years of age and older; or (c) the resident widow, widower or other surviving relative is allowed to remain if a resident dies while residing at the life care facility, regardless of age. vii. Height, density, coverage, green area requirements, and parking standards must be compatible with surrounding uses and the Board of Appeals reserves the right to modify any standards to maximize the compatibility of the building with the residential character of the surrounding neighborhood. viii. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

ii. Any property to be used as a group home for children must provide ample outdoor play space, free from hazard and appropriately equipped for the age and number of children to be cared for. iii. Where residential units are provided, the maximum residential density per lot area is 15 units per acre or the maximum density allowed in the zone, whichever is greater. iv. Where facility size is based on the number of beds, not units, the following lot area is required: (a) In the R, RC, and RNC zones, 2,000 square feet per bed or 5 acres, whichever is greater. (b) In all other zones, the minimum lot area is 2 acres or the following, whichever is greater: (1) in RE-2, RE-2C, RE-1, and R-200 zone: 1,200 square feet per bed; (2) in R-60, R-90, and R-40 zone: 800 square feet per bed; (3) in TLD, TMD, THD, R-30, and R-20 zone: 600 square feet per bed; and (4) in R-10: 300 square feet per bed. v. Independent dwelling units are subject to the residential portions of the MPDU provisions of Section 25.A-5. vi. In a continuing care retirement community, occupancy of any independent dwelling unit is restricted to persons 55 years or older, with the following exceptions:

Sec. 3.3.3. Accessory residential Uses

A. Accessory Apartment, Attached
1. Defined
Attached accessory apartment is a second dwelling unit in a detached house building type. An attached accessory apartment has a separate entrance and is subordinate to the principal dwelling.

2. Use Standards
a. Where an attached accessory apartment is allowed as a limited use, it is subject to the following standards: i. Only one accessory apartment is allowed per lot.

ii. The owner of the lot must occupy one of the units. iii. The accessory apartment must have the same street address as the principal dwelling. iv. The separate entrance must not be located along the front building line. v. A minimum of one off-street parking space is required for the accessory apartment in addition to any off-street parking for the principal dwelling.

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vi. In the RE-2, RE-2C, RE-1, and R-200 zones, an accessory apartment is prohibited if located: (a) within 500 feet of another accessory apartment (attached or detached) measured in a straight line from side property line to side property line along the same block face; and (b) on a lot abutting the rear lot line of any property with an accessory apartment (attached or detached). vii. In the R-90, R-60, R-40, TLD, TMD, THD,R-30, R-20, and R-10 zones, an attached accessory apartment is prohibited if located: (a) within 300 feet of another accessory apartment (attached or detached) measured in a straight line from side property line to side property line along the same block face; and (b) on a lot abutting the rear lot line of any property with an accessory apartment (attached or detached). viii. Attached Accessory Apartment, Small (up to 800 SF): (a) The maximum floor area is 50% of the principal dwelling or 800 square feet, whichever is less. (b) The maximum number of occupants is 3 persons. ix. Attached Accessory Apartment, Large (801 to 1,200 SF): (a) The maximum floor area is 50% of the principal dwelling or 1,200 square feet, whichever is less. (b) The maximum number of occupants is 5 persons. x. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights). b. Where an attached accessory apartment is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all applicable limited use standards and Sec. 8.3.1, Conditional Use Plan. The parking requirements may be waived if the Board of Appeals finds that adequate on-street parking is available.

b. Accessory Apartment, Detached

1. Defined
Detached accessory apartment is a second dwelling unit that is located in a separate accessory structure on the same lot as a detached house building type. A detached accessory apartment is subordinate to the principal dwelling.

2. Use Standards
a. Where a detached accessory apartment is allowed as a limited use, it is subject to the following standards: i. Only one accessory apartment is allowed per lot.

ii. The owner of the lot must occupy one of the units. iii. The accessory apartment must have the same street address as the principal dwelling. iv. One off-street parking space is required for the accessory apartment in addition to any off-street parking for the principal dwelling. v. In the RE-2, RE-2C, and RE-1 zones, a detached accessory apartment is prohibited if located: (a) within 500 feet of another accessory apartment (attached or detached), measured in a straight line from side property line to side property line along the same block face; and (b) on a lot abutting the rear lot line of any property with an accessory apartment (attached or detached). vi. In the R-30, R-20, and R-10 zones, a detached accessory apartment is prohibited if located: (a) within 300 feet of another accessory apartment (attached or detached), measured in a straight line from side property line to side property line along the same block face; and (b) on a lot abutting the rear lot line of any property with an accessory apartment (attached or detached). vii. Detached Accessory Apartment, Small (up to 800 SF):

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(a) The maximum floor area is 50% of the principal dwelling or 800 square feet, whichever is less. (b) The maximum number of occupants is 3 persons. viii. Detached Accessory Apartment, Large (801 to 1,200 SF): (a) The maximum floor area is 50% of the principal dwelling or 1,200 square feet, whichever is less. (b) The maximum number of occupants is 5 persons. ix. Any new structure built for the purpose of occupying as a large detached accessory apartment must have the same minimum side setback as the principal dwelling and the minimum rear setback is 12 feet. b. Where a detached accessory apartment is allowed as a conditional use, it may be permitted by the Board of Appeals, subject to all applicable limited use standards, Sec. 8.3.1, Conditional Use Plan, and the following standards: i. In the TLD, TMD, and THD zones, a detached accessory apartment is prohibited if located: (a) within 300 feet of another accessory apartment (attached or detached), measured in a straight line from side property line to side property line along the same block face; and (b) on a lot abutting the rear lot line of any property with an accessory apartment (attached or detached). ii. The parking requirements may be waived if the Board of Appeals finds that adequate on-street parking is available. iii. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

D. Farm Tenant Dwelling

1. Defined
Farm tenant dwelling is a dwelling unit under the control of the owner or operator of the farm on which the dwelling unit is located and occupied by an agricultural worker actively engaged in farming on a full-time or part-time basis. Includes up to 3 mobile homes. A farm tenant dwelling is not restricted by the definition of household, and may share a well and/or septic system.

2. Use Standards
Where a farm tenant dwelling is allowed as a limited use, it is subject to the following standards: a. In the Agricultural and Rural Residential zones, it is excluded from any density calculations, provided that it remains accessory to a farm. If the property associated with a farm tenant dwelling is separately subdivided, these provisions no longer apply. b. The maximum number of tenants in a single dwelling is limited by well and septic capacity. c. In the Agricultural, Rural Residential, RE-2, and RE-1 zones, a farm tenant dwelling in existence prior to June 1, 1958, may be rented to a tenant other than an agricultural worker, provided that the dwelling meets all applicable health and safety regulations.

e. Home Health Practitioner

1. Defined, in general
Home health practitioner is the office of a health practitioner who resides in the dwelling unit in which the office is located. For this purpose, a health practitioner is licensed or certified by a Board under the Maryland Department of Health and Mental Hygiene and has an advanced degree in the field from an accredited educational institution. A registered nurse or physician's assistant is a health practitioner only if that person has an advanced degree in the field and practices independently. Does not include an electrologist, mortician, nursing home administrator, pharmacist, or veterinarian.

c. Dwellings for caretakers/Watchkeepers

1. Defined
Dwellings for caretakers/watchkeepers are dwelling units for caretakers or watchkeepers and their families.

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2. Use Standards for All Home Health Practitioners

a. All home health practitioners must be registered with DPS, under Sec. 8.4.3., Home Occupation and Home Health Practitioner Registration. b. To maintain the residential character of the dwelling: i. The use must be conducted by an individual or individuals residing in the dwelling unit.

xi. Clients, patients, or other visitors must be informed of the correct address and parking location. xii. Must provide valid proof of home address as established under Method 2 of Section 2A-15. xiii. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights.

ii. The use must be conducted within the dwelling unit or any accessory building and not in any open yard area. The use must be subordinate to the use of the dwelling for residential purposes and any external modifications must be consistent with the residential appearance of the dwelling unit. iii. Exterior storage of goods or equipment is prohibited. iv. The maximum amount of floor area used for the home health practitioner is 33% of the eligible floor area of the dwelling unit plus any existing accessory building on the same lot or parcel, or 1,500 square feet, whichever is less. v. If an accessory building is used for any part of the home health practice, there must be no external evidence of such use. Only one accessory building may be used for this purpose. vi. Equipment or facilities are limited to: (a) office equipment; or (b) medical equipment. vii. Any equipment or process that creates a nuisance or violates any law is prohibited in connection with the operation of a home health practice. viii. Disposal of medical waste must be regulated by State Laws and Regulations. ix. Truck deliveries are prohibited, except for parcels delivered by public or private parcel services that customarily make residential deliveries. x. Appointments are required for visits, but emergency patients may visit outside the specified hours or without appointment.

3. Home Health Practitioner (low impact) a. Defined

Low impact home health practitioners office is a home health practitioner's office that is limited to 2 resident health practitioners and one nonresident support person in a 24-hour period.

b. Use Standards
i. Where a low impact home health practitioner is allowed as a limited use, it is subject to the following standards: (a) The maximum number of visits is 20 per week and no more than 5 per day (excludes deliveries) total, including any home occupations on-site. May treat more than one patient or client at a time, but not more than 5 vehicle trips containing not more than 10 patients may come or leave at the same appointment time. (b) The maximum number of deliveries is 10 per week, and no more than 2 per day. (c) The sale of goods on the premises is prohibited, except for medication prescribed by the health practitioner or a prescribed remedial device that cannot be obtained from a commercial source. (d) A maximum of one low impact home occupation and one low impact home health practitioner is allowed. (e) An indoor waiting room must be provided if more than one patient or client will be on the premises at the same time. ii. Where a low impact home health practitioner is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all limited use standards and Sec. 8.3.1, Conditional Use Plan.

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4. Home Health Practitioner (major impact) a. Defined

Major home health practitioners office is a home health practitioner's office limited to 2 resident health practitioners and 2 or more non-resident support persons in a 24-hour period.

F. Home occupation
1. Defined, in general
Home occupation is any occupation that provides a service or product and is conducted within a dwelling unit. A home occupation is subordinate to the principal dwelling. Does not include Home Health Practitioner (see Sec. 3.3.3.E, Home Health Practitioner), Bed and Breakfast (see Sec. 3.5.6.B, Bed and Breakfast), Day Care (see Sec. 3.4.3, Day Care Facility), display of furniture not made in the home for sale in the home or at an off-site location, Landscape Contractor (see Sec. 3.5.5, Landscape Contractor), or Private Educational Institution (see Sec. 3.4.4, Educational Institution (Private)).

b. Use Standards
Where the major impact home health practitioner is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plans, and the following standards: i. The hours of operation and number of clients, customers, patients or other visitors allowed during that time are determined by the Board of Appeals.

2. Use Standards for all Home occupations

a. All home occupations, except no impact home occupations, must be registered with DPS under Sec. 8.4.3, Home Occupation and Home Health Practitioner Registration. b. To maintain the residential character of the dwelling: i. The use must be conducted by an individual or individuals residing in the dwelling unit.

ii. The maximum number of deliveries is determined by the Board of Appeals. iii. On-site sale of goods is determined by the Board of Appeals. iv. The Board of Appeals may grant a conditional use for a major impact home health practitioner on the same property as a low impact home health practitioner, if it finds that both together can be operated in accordance with the provisions of this section and Sec. 8.3.1, Conditional Use Plans. v. The Board of Appeals must not grant a conditional use for more than one major impact home health practitioners facility or major impact home occupation on the same property. vi. The Board of Appeals must not grant a conditional use for a home health practitioners facility where the property is already approved for any other conditional use under Sec. 8.3.1, Conditional Use Plan. vii. A conditional use for a major impact home health practitioner is granted for a 2 year period, and the conditional use may be renewed if it is operated in compliance with the findings and conditions of the Board of Appeals in the initial grant. viii. An indoor waiting room must be provided.

ii. The use must be conducted within the dwelling unit or any accessory building and not in any open yard area, except for the loading and unloading of tools and equipment associated with a lawn maintenance service from not more than 2 single axle trailers or trucks. The use must be subordinate to the use of the dwelling for residential purposes and require no external modifications that detract from the residential appearance of the dwelling unit. iii. Exterior storage of goods or equipment is prohibited. iv. The maximum amount of floor area used for the home occupation must not exceed 33% of the total eligible area of the dwelling unit and any existing accessory building on the same lot or parcel, or 1,500 square feet, whichever is less. v. If an accessory building is used for any part of the home occupation, there must be no external evidence of such use. Only one accessory building may be used for this purpose. 3 29

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vi. Equipment or facilities are limited to: (a) domestic, household or lawn maintenance service equipment; (b) office equipment; or (c) any equipment reasonably necessary for art production, handcrafts, or making beer or wine. vii. Any equipment or process that creates a nuisance or violates any law is not allowed in connection with the operation of a home occupation. viii. No home occupation is allowed to involve use, storage, or disposal of: (a) a quantity of a petroleum product sufficient to require a special license or permit from The Fire Chief; or (b) any material defined as hazardous or required to have a special handling license under State and County law. ix. Truck deliveries are prohibited, except for parcels delivered by public or private parcel services that customarily make residential deliveries. x. Display or storage of merchandise to be delivered must not be visible outside of residence and must be contained within the maximum floor area available for the home occupation. xi. The storage of equipment or merchandise for collection by employees who will use or deliver it at off-site locations is prohibited. xii. A second kitchen in the home for catering or making food for off-site delivery or sales is prohibited. xiii. The maintenance or repair of motor vehicles for compensation is prohibited.

b. Use standards
Where a no impact home occupation is allowed as a limited use, it is subject to the following standards: i. Nonresident employees are prohibited.

ii. The maximum number of visits and deliveries for all no impact home occupations on-site is 5 per week. iii. In-person sale of goods is prohibited. iv. Display or storage of goods is limited to samples of merchandise that may be ordered by customers for delivery at other locations.

4. Home occupation (low impact) a. Defined

Low impact home occupation is a home occupation that is required to register with DPS.

b. Use Standards
Where a low impact home occupation is allowed as a limited use, it is subject to the following standards: i. The maximum number of nonresident employees allowed per 24hour period is one.

ii. The maximum number of visits is 20 per week, and no more than 5 per day (excluding deliveries) for all home occupations on-site. iii. The maximum number of deliveries is 10 per week, and no more than 2 per day for all home occupations on-site. iv. In-person sale of goods is limited to: (a) handcrafts, art products or similar hand-made products or services such as dressmaking, hand-weaving, block-printing, jewelry, pottery, and musical instruments, which are produced on-site by a resident of the dwelling; and (b) no more than 5 sales per month of items ordered for delivery at a later date to customers at other locations (delivery of goods must occur off-site).

3. Home occupation (no impact) a. Defined

No impact home occupation is a home occupation that is not required to register with DPS. The repair and maintenance of motor vehicles for compensation is prohibited.

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v. Display or storage of goods is limited to: (a) products enumerated in Sec. 3.3.3.F.4.b.iv.(a); and (b) samples of merchandise that may be ordered by customers for delivery at other locations. vi. The maximum number of low impact home occupations allowed in a single dwelling unit is 2. vii. Must provide valid proof of home address as established under Method 2 of Section 2A-15. viii. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

(b) a maximum of 5 sales per month of items ordered for delivery at a later date to customers at other locations (delivery of goods must occur off-site). v. Display or storage of goods is limited to: (a) the products enumerated in Sec. 3.3.3.F.5.b.iv.(a); and (b) samples of merchandise that may be ordered by customers for delivery at other locations. vi. Display or storage of merchandise to be delivered must not be visible outside of residence and must be contained within the maximum floor area available for the home occupation. vii. The Board of Appeals may grant a conditional use for a major impact home occupation on the same property as a low impact home occupation, if it finds that both together can be operated in a manner that satisfies the provisions of this section and Sec. 8.3.1, Conditional Use Plan. viii. The Board of Appeals must not grant a conditional use for more than one major impact home occupation or major impact home health practitioner on the same property. ix. The Board of Appeals must not grant a conditional use for a home occupation where the property is already approved for any other conditional use in accordance with Sec. 8.3.1, Conditional Use Plan. x. Must provide valid proof of home address as established under Method 2 of Section 2A-15. xi. A conditional use for a major impact home occupation is granted for a 2 year period, and the conditional use may be renewed if it is operated in compliance with the findings and conditions of the Board of Appeals in the initial grant. xii. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

5. Home occupation (major impact) a. Defined

Major impact home occupation is a home occupation that is required to register with DPS and is regulated under Sec. 8.3.1, Conditional Use Plan.

b. Use Standards
Where a Major Home occupation is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: i. The maximum number of nonresident employees allowed per 24hour period is 2.

ii. The maximum number of visits and deliveries is determined by the Board of Appeals. iii. An indoor waiting room must be provided. iv. In-person sale of goods is limited to: (a) the products of dressmaking, hand-weaving, block-printing, the making of jewelry, pottery or musical instruments by hand, or similar arts or hand-crafts performed by a resident of the dwelling; and

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g. live/Work Units
1. Defined
Live/work units are buildings, or spaces within buildings, that combine a commercial or manufacturing activity that is allowed in the zone with a dwelling unit for the owner of the commercial or manufacturing business, or the owners employee, and that persons household.

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Div. 3.4. civic and institutional Uses

Sec. 3.4.1. Ambulance, rescue Squad (Private)
A. Defined
Ambulance, rescue squad (private) is volunteer, privately supported, or nonprofit facilities providing emergency fire protection, rescue, and ambulance services. Does not include non-emergency ambulance transportation services. facilities for senior adults or persons with disabilities (See Sec. 3.3.2.C, Independent Living Facility for Seniors or Persons with Disabilities).

b. Use Standards
Where a charitable or philanthropic institution is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. In the RDT, R, RC, and RNC: i. The charitable or philanthropic institution is the re-use of an existing building.

b. Use Standards
1. Where an ambulance, rescue squad (private) is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4. 2. Where an ambulance, rescue squad (private) is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all limited use standards and Sec. 8.3.1, Conditional Use Plan.

ii. The property fronts on and has direct access to a public road built to arterial or higher standards. Frontage on and access to an arterial or higher standard is not required where the Board of Appeals finds that road access via the primary or secondary road will be safe and adequate for the anticipated traffic to be generated. iii. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights). b. In the RE-2, RE-2C, RE-1, R-200, R-90, and R-60 zones: i. The property fronts on and has direct access to a road built to primary residential road or higher standards.

Sec. 3.4.2. charitable, Philanthropic institution

A. Defined
1. Charitable or philanthropic institution is a private, tax-exempt organization whose primary function is to provide services, research, or educational activities in areas such as health, social service, or environmental conservation. 2. Does not include an organization whose purpose is the operation of a trade or business or whose primary purpose or function is promoting the economic advancement of its members, such as a professional or trade association or a labor union. Also does not include other uses specifically defined or regulated in this ordinance such as a: religious institution (See Sec. 3.4.10, Religious Assembly), public or private educational institution (See Sec. 3.4.5, Educational Institution (Private), library or museum (See Sec. 3.4.3, Cultural Institution), private club or service organization (See Sec. 3.4.8, Private Club, Service Organization), hospital (See Sec. 3.4.6, Hospital), residential care facility (See Sec. 3.3.2.E, Residential Care Facility), or independent living

ii. Outdoor recreation facilities are screened from adjacent residential properties in accordance with Div. 7.5, Landscaping and Outdoor Lighting. iii. Any lighting associated with outdoor recreation facilities meets the requirements of Div 7.5, Landscaping and Outdoor Lighting.

Sec. 3.4.3. cultural institution

A. Defined
Cultural institution is a private facility where works of art or other objects are kept and displayed, or where books, periodicals, and other reading material is

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offered for reading, viewing, listening, study or reference. The objects are not typically offered for sale. Includes a museum, cultural or art exhibit, and library.

b. Use Standards
Where a cultural institution is allowed as a limited use the gross floor area is a maximum of 5,000 square feet unless it is designated in the Master Plan for Historic Preservation.

The providers own children under the age of 6 are counted within the group of 8. Staffing must comply with state and local regulations, but no more than 2 nonresident staff members can be on-site at any time. If the provider is not a resident and does not meet the requirement for a non-resident provider, the provider may file a conditional use plan for a Day Care Center (13-30 Persons) (see Sec. 3.4.3.E).

Sec. 3.4.4. Day care Facility

A. Defined, in general
Day care facility is a location where care for an individual is provided for less than 24 hours a day, for which the provider is paid, for any of the following: a child under the age of 17 years; any developmentally disabled person; any handicapped individuals; or elderly individuals. The definition of day care facility does not include a non-public kindergarten in which an instructional program is offered or provided for children who are at least 5 years old; or a non-public elementary school in which an instructional program is offered or provided for children who are in grades one through eight (see Sec. 3.4.5. Educational Institution (Private)).

D. group Day care (9 - 12 Persons)

1. Defined
Group day care is a day care facility for 9 to 12 persons where staffing and facility comply with state and local regulations. The providers own children under the age of 6 are counted towards the maximum allowed persons.

2. Use Standards
a. Where a group day care is allowed as a limited use, it is subject to the following standards: i. The facility must not be located in a townhouse or duplex building type;

b. exemptions
The requirements of this Section (Sec. 3.4.4) do not apply to a day care center operated by a nonprofit organization and located in: 1. a structure owned or leased by a religious organization and used for worship or a structure located on premises owned or leased by a religious organization that is adjacent to premises regularly used as a place of worship; 2. a structure used for private parochial education purposes which is exempted from the conditional uses standards under Sec. 3.4.5, Educational Institution (Private); or 3. a publicly-owned building.

ii. In a detached house, the registrant is the provider and a resident. If the provider is not a resident, the provider may file a conditional use plan for a Day Care Center (13-30 Persons) (see Sec. 3.4.3.E); iii. In a detached house, no more than 3 non-resident staff members are on-site at any time; and iv. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights). b. Where a group day care for 9 to 12 persons is allowed as a conditional use, it may be permitted by the Hearing Examiner subject to all limited use standards and Sec. 8.3.1, Conditional Use Plan.

c. Family Day care (Up to 8 Persons)

1. Defined
Family day care is a day care facility for a maximum of 8 persons in the dwelling where the registrant is the provider and a resident, or when the registrant is not a resident but more than half the children cared for are residents.

e. Day care center (13 - 30 Persons)

1. Defined
Day care center (13-30 persons) is a day care facility for 13 to 30 persons where staffing and facility comply with state and local regulations.

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2. Use Standards
Where a day care center for 13 to 30 persons is allowed as a conditional use, it may be permitted by the Hearing Examiner subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The facility must not be located in a townhouse or duplex building type; and b. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

requirement to less than 500 square feet, but not less than 250 square feet, per person where it finds that: (a) the facility will predominately serve children from an age range that requires limited outdoor activity space; (b) the additional density will not adversely affect adjacent properties; and (c) additional traffic generated by the additional density will not adversely affect the surrounding streets. iv. The Board of Appeals may limit the number of persons permitted for overnight care. v. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

F. Day care center (over 30 Persons)

1. Defined
Day care center (over 30 persons) is a day care facility for over 30 persons where staffing and facility comply with state and local regulations; prohibited in a townhouse or duplex building type.

Sec. 3.4.5. educational institution (Private)

A. Defined
Private educational institution is a private school or educational or training institution, providing instruction or programs of learning. A private educational institution may include tutoring and college entrance exam preparatory courses, art education programs, artistic performances, indoor and outdoor recreation programs and summer day camps, any of which may serve individuals who are not enrolled as students in the institutions academic program. Does not include schools operated by the County Board of Education.

2. Use Standards
a. Where a day care center for over 30 persons is allowed as a limited use, if it is abutting or confronting property zoned Agricultural, Rural Residential ,or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4. b. Where a day care center for over 30 persons is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: i. All required parking must be behind the front building line; however, required parking may be located between the structure and the street where the Board of Appeals finds that such parking is safe, not detrimental to the neighborhood, accessible, and compatible with surrounding properties.

b. exemptions
The requirements of this Section (Sec. 3.4.5) do not apply to the use of any property for any private educational institution or parochial school which is located in a building or on premises owned or leased by any church or religious organization. This exemption does not apply to any private educational institution which received approval by the Board of Appeals to operate a private educational institution conditional use in a building or on a lot, lots or tract of land that was not owned or leased by any church or religious organization at the time the decision of the Board of Appeals was issued.

ii. The Board of Appeals may limit the number of children outside at any one time. iii. In the RE-2, RE-2C, RE-1, R-200, R-90, R-60, and R-40 zones, the day care center is located on a property containing a minimum of 500 square feet per person. The Board of Appeals may reduce the area

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c. Use Standards
1. Where a private educational institution is allowed as a limited use, if it is abutting or confronting property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4 2. Where a private educational institution is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: i. The private educational institutional will not constitute a nuisance because of traffic, number of students, noise, type of physical activity, or any other element which is incompatible with the environment and character of the surrounding neighborhood.

(b) adequacy of drop-off and pick-up areas for all programs and events, including on-site stacking space and traffic control to effectively deter vehicle queues from spilling over onto adjacent streets; and (c) noise or type of physical activity. v. Density greater than 87 pupils per acre may be permitted only where the Board of Appeals finds that: (a) the program of instruction, special characteristics of students, or other circumstances justify reduced space and facility requirements; (b) the additional density will not adversely affect adjacent properties; and (c) additional traffic generated by the additional density will not adversely affect the surrounding streets. vi. Outdoor recreation facilities are screened from adjacent residential properties in accordance with Div. 7.5, Landscaping and Outdoor Lighting. vii. Any lighting associated with outdoor recreation facilities meets the requirements of Div 7.5, Landscaping and Outdoor Lighting. viii. If a private educational institution operates or allows its facilities by lease or other arrangement to be used for: (i) tutoring and college entrance exam preparatory courses; (ii) art education programs; (iii) artistic performances; (iv) indoor and outdoor recreation programs; or (v) summer day camps, the Board of Appeals must find, in addition to the other required findings for the grant of a conditional use, that the activities in combination with other activities of the institution, will not have an adverse effect on the surrounding neighborhood due to traffic, noise, lighting, or parking, or the intensity, frequency, or duration of activities. In evaluating traffic impacts on the community, the Board of Appeals must take into consideration the total cumulative number of expected car trips generated by the regular academic program and the after school or summer programs, whether or not the traffic exceeds the capacity of the road. A transportation manChapter 59: Zoning Code M o n t g o m e r y C o u n t y, M a r y l a n d

ii. The private educational institution will be in a building compatible with the residential character of the surrounding neighborhood, and, if the private educational institution is located on a lot of 2 acres or less, in either an undeveloped area or an area substantially developed with detached houses, the exterior architecture of the building must be similar to a detached house design, and at least comparable to any existing homes in the immediate neighborhood. iii. That the private educational institution will not, in and of itself or in combination with other existing uses, affect adversely or change the present character or future development of the surrounding residential community. iv. The allowable number of pupils per acre permitted to occupy the premises at any one time must be specified by the Board of Appeals considering the following factors: (a) traffic patterns, including: (1) impact of increased traffic on residential streets; (2) proximity to transit services, arterial roads and major highways; and (3) provision of measures for Transportation Demand Management as defined in Section 42A-21.

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agement plan that identifies measures for reducing demand for road capacity must be approved by the Board of Appeals. ix. The Board of Appeals may limit the number of participants and frequency of events authorized in this Section (Sec. 3.4.5).

6. Parking shall be limited to a minimum between the front property line and the front building line. 7. Notwithstanding the provisions of Sec. 4.4.9.C , Sec. 4.6.9.D, and Sec. 4.7.4.D the maximum height of a hospital building is 145 feet.

Sec. 3.4.6. Hospital

A. Defined
Hospital is an institution providing health services primarily for the sick or injured and offering inpatient medical and/or surgical care. Related facilities, such as laboratories, medical/dental clinics, helistops, training facilities, classrooms, central service facilities and staff offices integral to the facility are accessory to the hospital. Does not include a stand-alone hospice (see Sec. 3.3.2.E, Residential Care Facility).

Sec. 3.4.7. Park, Playground (Private)

A. Defined
Private park, playground is an area used for outdoor play or recreation, often containing recreational equipment such as slides or swings. Includes both passive and active facilities, trails and greenways.

Sec. 3.4.8. Private club, Service organization

A. Defined
Private club, service organization is an association for civic, social, cultural, religious, literary, political, recreational or like activities, operated for the benefit of its members and not open to the general public.

b. Use Standards
Where a hospital is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: 1. The Board of Appeals finds that the hospital will not create a nuisance because of traffic, noise, or the number of patients or persons cared for; that it will not affect adversely the present character or future development of the surrounding residential community. 2. The minimum area of the lot is 5 acres. 3. The minimum lot width at the front property line is 200 feet. 4. Where the adjoining or nearest adjacent land is zoned Residential Detached or is used solely for detached houses, no portion of a building shall be nearer to the lot line than a distance equal to the height of that portion of the building, and in all other cases a minimum of 50 feet from a lot line. 5. Off-street parking shall be located so as to achieve a maximum of coordination between the proposed development and the surrounding uses and a maximum of safety, convenience and amenity for the residents of neighboring areas.

b. Use Standards
1. Where a private club, service organization is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4. 2. Where a private club or service organization is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The minimum lot size required is twice the minimum required for a detached house building type in the zone, up to a maximum of 3 acres. b. The maximum building coverage allowed is 15%, including accessory buildings, or 20,000 square feet, whichever is less. c. The minimum open space requirement is 50%. d. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

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Sec. 3.4.9. Public Use (except Utilities)

A. Defined
Public use, except utilities, is a publicly-owned or publicly operated use. Includes County office buildings, maintenance facilities, public schools and parks, post office, state and federal buildings. Does not include Public Utility Buildings or Structures (see Sec. 3.6.7.C, Public Utility Building or Structure).

3. Buildings must comply with the requirements of the zone in which the pool is located. 4. Where a public water supply is available, it must be used for the pool. Use of a private supply of water for the pool is allowed only where no public water supply is available and the pool will not have an adverse effect on the private water supply for the community.

Sec. 3.4.10. religious Assembly

A. Defined
Religious assembly is a meeting area for religious practices. Includes church, synagogue, and mosque. Includes a memorial garden on the premises.

b. Use Standards
Where a religious assembly facility is allowed as a limited use in the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

Sec. 3.4.11. Swimming Pool (community)

A. Defined
Community swimming pool is a private swimming pool shared by its members. Does not include swimming pools owned by a homeowners association, operated as part of an apartment complex, or pools that are accessory to a dwelling. Tennis courts may be allowed as an accessory use.

b. Use Standards
Where a community swimming pool is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan (excluding Sec. 8.3.1.D), and the following standards: 1. The swimming pool, including the pool deck and any buildings, is set back a minimum of 75 feet from any property line shared with a property zoned Agricultural, Rural Residential, or Residential or at least 125 feet from any existing residential dwelling, whichever is greater. 2. The swimming pool, including the pool deck and any buildings,is set back a minimum of 25 feet from any public right-of-way or property line shared with a property zoned Commercial/Residential, Employment, or Industrial.

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Div. 3.5. commercial Uses

Sec. 3.5.1. Animal Services
A. Defined, in general
Animal services is a facility providing care for animals. Does not include any use considered accessory to farming. (d) Animals are prohibited from being outdoors between 9:00 p.m. and 7:00 a.m. (e) Animals must not be walked or exercised in outdoor areas that are off-site. (f) The sound at the nearest property line cannot exceed 60 dBA. (g) All buildings and accessory structures must be set back a minimum of 50 feet from any property line. (h) For all buildings in which animals will be contained, sound levels emanating from the interior of the building must satisfy Chapter 31B as measured at the property line. (i) All litter and animal waste must be contained and controlled on the site. (j) Any accessory operation, such as the sale of pet food and supplies, must be in the statement of operations and must be limited as an accessory activity to a maximum of 20% of sales. (k) The Board of Appeals may regulate hours of operation. The Board of Appeals may also regulate the number of animals that may be boarded, exercised, walked or kept in runs or similar areas, and how the animals are boarded, exercised, walked or kept. (l) If the proposed use is located in an area that uses well water and septic facilities, the applicant must prove that the use will not have any negative effect on groundwater or septic systems. (m) The applicant must submit the following: (1) Acoustical engineering studies that demonstrate that the proposed use will meet required noise levels. The studies must show the worst case scenario sound level (for example, full occupancy). The statement of operations must be sufficiently detailed to allow determination of how often the worst case scenario sound level occurs.

b. Animal boarding and care

1. Defined
Animal boarding and care is any building or land, other than a veterinary hospital, used, designated or arranged for the boarding, breeding or care of dogs, cats, pets, fowl, or other domestic animals for profit, not including those animals raised for agricultural purposes.

2. Use Standards
a. Where animal boarding and care is allowed as a limited use, it is subject to the following standards: i. Exterior runs, exercise yards, or other such facilities for the keeping of animals are prohibited.

ii. All interior areas for the keeping of animals must be soundproofed. b. Where animal boarding and care is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: i. In the RDT, R, RC, RNC, RE-2, RE-2C, RE-1, and R-200 zones: (a) The minimum lot size is 2 acres or the minimum lot size required for a detached house building type in the zone, whichever is greater. (b) Exterior areas used to exercise, walk, or keep animals must be set back a minimum of 200 feet from any property line and screened from adjacent residential properties. (c) All exterior exercise areas and runs must be fenced.

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(2) Detailed floor plans that show all the interior areas, including runs and kennels. (3) Site plans that show the layout of all exterior areas used to exercise, walk, or keep animals. (n) In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights). ii. In the Commercial/Residential zones: (a) Exterior runs, exercise yards, or other such facilities for the keeping of animals are prohibited. (b) All interior areas for the keeping of animals must be soundproofed.

In Agricultural, Rural Residential, and Residential Detached zones: (a) In the R-90 and R-60 zones: (1) The minimum lot size is one-half acre; and (2) In the R-60 zone, the veterinary office/ hospital must be located on a property with frontage on a road with a minimum existing right-of-way width of 90 feet, that confronts a property zoned Commercial/Residential or Employment. (b) Exterior areas used to exercise, walk, or keep animals must be set back a minimum of 75 feet from any property line and screened from adjacent residential properties. (c) All exterior exercise areas and runs must be fenced. (d) Animals are prohibited from being outdoors between 9:00 p.m. and 7:00 a.m. (e) Animals must not be walked or exercised in outdoor areas that are off-site. (f) The sound at the nearest property line cannot exceed 60 dBA. (g) All buildings and accessory structures must be set back a minimum of 50 feet from any residential property line. (h) For all buildings in which animals will be contained, sound levels emanating from the interior of the building must satisfy Chapter 31B as measured at the property line. (i) All litter and animal waste must be contained and controlled on the site. (j) Any accessory operation, such as the sale of pet food and supplies, must be in the statement of operations and must be limited as an accessory activity to a maximum of 20% of sales. (k) The Board of Appeals may regulate hours of operation. The Board of Appeals may also regulate the number of animals that may be boarded, exercised, walked or kept in runs or similar areas, and how the animals are boarded, exercised, walked or kept.

c. veterinary office/Hospital
1. Defined
Veterinary office or hospital is a building or establishment where medical, surgical and other veterinary care is provided to domestic animals. Animals may stay overnight only for medical purposes. Does not include Animal Boarding and Care (see Sec. 3.5.1.B, Animal Boarding and Care)

2. Use Standards
a. Where a veterinary office/hospital is allowed as a limited use, it is subject to the following standards: i. Exterior runs, exercise yards, or other such facilities for the keeping of animals are prohibited.

ii. All interior areas for the keeping of animals must be soundproofed. iii. In the CRN, CRT, and CR zones, where the use abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4 b. Where a veterinary office/hospital is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards:

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(l) The Board of Appeals may regulate the number of appointments. Animals may be seen by appointment only. Emergency patients and visits to pick up prescriptions and pet-related items may also occur, within office hours only and without prior scheduling; abuse of this exemption may lead to revocation of the conditional use. A written log of all appointments and drop-in and emergency client activities must be kept, to be available for inspection by County authorities. (m) If the proposed use is located in an area that uses well water and septic facilities, the applicant must prove that the use will not have any negative effect on groundwater or septic systems. (n) The applicant must submit the following: (1) Acoustical engineering studies that demonstrate that the proposed use will meet required noise levels. The studies must show the worst case scenario sound level (for example, full occupancy). The statement of operations must be sufficiently detailed to allow determination of how often the worst case scenario sound level occurs. (2) Detailed floor plans that show all the interior areas, including runs and kennels. (3) Site plans that show the layout of all exterior areas used to exercise, walk, or keep animals. (o) In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights). ii. In the CRN zone: (a) Exterior runs, exercise yards, or other such facilities for the keeping of animals are prohibited. (b) All interior areas for the keeping of animals must be soundproofed.

Sec. 3.5.2. communication Facility

A. cable communications System
1. Defined
Cable communications system is a system of antennas, towers, and cables operated to transmit or receive electronic signals, programs, and provide services to subscribing members of the public. Does not include any facility where the cables do not cross public rights-of- way and that serves only the occupants of a single lot or parcel of land under common ownership or management.

2. Use Standards
Where a cable communications system is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. Any proposed tower must be setback one foot for every foot of height of a tower from all property lines, measured from the base of the support structure. b. The location of the proposed community access centers or studios are consistent with the cable communications plan approved by the County Council. c. Structures, buildings and facilities in which or on which component elements of a cable communications system are located or which otherwise support the system, and which are operated by the entity operating the cable communications system pursuant to a franchise awarded by Montgomery County, may be allowed upon approval by the Board of Appeals. d. Offices are prohibited in residential zones as part of the cable communications system.

b. Freestanding Wireless communications Tower

1. Defined
Freestanding wireless communications tower is any structure other than a building, providing wireless voice, data or image transmission within a designated service area. Consists of one or more antennas attached to a

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support structure and related equipment. Does not include amateur radio antenna (see Sec. 3.5.14, Amateur Radio Facility) or radio or TV tower (see Sec. 3.5.2.C, Media Broadcast Tower).

the Transmission Facility Coordinating Group with the Board of Appeals regarding the tower with the application. The recommendation must be no more than one year old. ii. A communications tower must be set back from the property line, as measured from the base of the support structure, as follows: (a) Freestanding wireless communications towers are prohibited in any scenic setback indicated on an approved and adopted master plan. (b) In the Agricultural, Rural Residential, and Residential Detached zones, a distance of one foot for every foot of height or 300 feet from an existing dwelling, whichever is greater. (c) In the EG and EOF zones, a distance of one-half foot for every foot of height. (d) The Board of Appeals may reduce the setback requirement to not less than the building setback for a detached house building type in the applicable zone if evidence indicates that a reduced setback will allow the support structure to be located on the property in a less visually obtrusive location than locations on-site where all setback requirements can be met after considering the height of the structure, topography, existing vegetation, nearby residential properties, and visibility from the street. A reduced setback may not be approved if there is no location on the site where the setback requirements can be met. iii. The maximum height of a support structure and antenna is 155 feet, unless it can be demonstrated that additional height up to 199 feet is needed for service, collocation, or public safety communication purposes. At the completion of construction, before the support structure may be used to transmit any signal, and before the final inspection pursuant to the building permit, the applicant must certify to DPS that the height and location of the support structure conforms with the height and location of the support structure as authorized in the building permit.

2. Use Standards
a. Where a freestanding wireless communications tower is allowed as a limited use, it is subject to the following standards: i. It must not be staffed.

ii. Antennas are limited to the following types and dimensions: (a) omni-directional (whip) antennas with a maximum height of 15 feet and a maximum diameter of 3 inches ; (b) directional or panel antennas with a maximum height of 8 feet and a maximum width of 2 feet; and (c) satellite or microwave dish antennas with a maximum diameter of 8 feet. iii. Signs or illumination on the antennas or support structure are prohibited unless required by the Federal Communications Commission, the Federal Aviation Administration, or the County. iv. In the ELS, IL, and IH zones, the tower is a maximum height of 199 feet with a setback of one foot for every foot of height from all properties zoned Agricultural, Rural Residential, or Residential. v. In the EOF zone, the tower is a maximum height of 150 feet with a setback of one foot for every foot of height from all properties zoned Agricultural, Rural Residential, or Residential. b. Where a freestanding wireless communications tower is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all applicable limited use standards, Sec. 8.3.1, Conditional Use Plan, and the following standards: i. Before the Board of Appeals grants any conditional use for a freestanding wireless communications tower, the proposed facility must be reviewed by the County Transmission Facility Coordinating Group. The applicant for a conditional use must file a recommendation from

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iv. The support structure must be sited to minimize its visual impact. The Board of Appeals may require the support structure to be less visually obtrusive by use of screening, coloring, stealth design, or other visual mitigation options, after considering the height of the structure, topography, existing vegetation and environmental features, and nearby residential properties. v. The property owner must be an applicant for the conditional use for each support structure. vi. A modification of a conditional use is only required for a change to any use within the conditional use area directly related to the conditional use grant. vii. A support structure must be constructed to hold a minimum of 3 wireless communication carriers unless the Board of Appeals finds: (a) that collocation at the site is not essential to the public interest; and (b) that construction of a lower support structure with fewer wireless communication carriers will promote community compatibility. viii. The equipment compound must have sufficient area to accommodate equipment sheds or cabinets associated with all the carriers. Outdoor storage of equipment or other items is prohibited. ix. The support structure must be removed at the cost of the owner of the freestanding wireless communications tower when the wireless freestanding communications tower is no longer in use by any wireless communication carrier for more than 12 months. x. The support structure must be identified by a sign no larger than 2 square feet affixed to the support structure or any equipment building. The sign must identify the owner and the maintenance service provider of the support structure or any attached antenna and provide the telephone number of a person to contact regarding the structure. The sign must be updated and the Board of Appeals notified within 10 days of any change in ownership.

xi. Each owner of the freestanding wireless communications tower is responsible for maintaining the wireless communications tower in a safe condition.

c. media broadcast Tower

1. Defined
Media broadcast tower is any facility used to transmit radio or television communications that are intended to be received by the general public. Includes radio and microwave antenna. Does not include amateur radio antenna (see Sec. 3.5.14., Amateur Radio Facility) or wireless tower (see Sec. 3.5.2.B, Freestanding Wireless Communications Tower).

2. Use Standards
a. Where a media broadcast tower is allowed as a limited use, it is a maximum height of 199 feet and is setback one foot for every foot of height from any property zoned Agricultural, Rural Residential, or Residential. b. Where a media broadcast tower is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: i. Before the Board of Appeals grants any conditional use for a media broadcast tower, the proposed facility must be reviewed by the County Transmission Facility Coordinating Group. The applicant for a conditional use must file a recommendation from the Transmission Facility Coordinating Group with the Board of Appeals regarding the tower with the application. The recommendation must be no more than one year old.

ii. Any media broadcast tower that is collocated on an existing tower is not required to obtain a conditional use permit. A modification of a media broadcast tower conditional use permit is only required for a change to any use within the conditional use area directly related to the conditional grant. iii. Any support structure is set back from the property line a distance of one foot from the property line for every foot of height of the support structure or 275 feet from any off-site dwelling in an Agricultural,

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Rural Residential, or Residential zone, whichever is greater, measured from the base of the support structure. The Board of Appeals may reduce the setback requirement to not less than the building setback for a general building type in the applicable zone if evidence indicates that a reduced setback will allow the support structure to be located on the property in a less visually obtrusive location than locations on the site where all setback requirements can be met after considering the height of the structure, topography, existing vegetation, adjoining and nearby residential properties and visibility from the street. A reduced setback may not be approved where there is no location on the site where setback requirements can be met. iv. The maximum height of the support structure is 275 feet, except where it can be demonstrated that the additional height is necessary to comply with the minimum requirements established by the Federal Communications Commission. At the completion of construction, before the support structure may be used to transmit any signal, and before the final inspection pursuant to the building permit, the applicant must certify to DPS that the height and location of the support structure as built conforms with the height and location of the support structure as authorized in the building permit. v. The support structure must be sited to minimize its visual impact. The Board of Appeals may require the support structure to be less visually obtrusive by use of screening, coloring, stealth design, or other visual mitigation options, after considering the height of the structure, topography, existing vegetation and environmental features, and adjoining and nearby residential properties. vi. The property owner is an applicant for the conditional use for each support structure. vii. The equipment compound has sufficient area to accommodate equipment sheds or cabinets associated with a station or tower. The outdoor storage of equipment or other items is prohibited.

viii. Signs or illumination are prohibited on the antennas or support structure unless required by the Federal Communications Commission, the Federal Aviation Administration, or the County. ix. The media broadcast tower will be removed at the cost of the owner when no longer in use for more than 12 months. x. Any support structure is identified by a sign no larger than 2 square feet affixed to the support structure or any equipment building. The sign must identify the owner and the maintenance service provider of the support structure or any attached antenna and provide the telephone number of a person to contact regarding the structure. The sign must be updated and the Board of Appeals notified within 10 days of any change in ownership. xi. The owner of the facility is responsible for maintaining the facility in a safe condition.

Sec. 3.5.3. eating and Drinking

A. country inn
1. Defined
Country inn is an establishment for dining in a rural area. A country inn may include a maximum of 12 overnight guest rooms.

2. Use Standards
Where a country inn is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The minimum lot area is 2 acres. b. The maximum building coverage is 10%. c. A minimum of 50% of the lot must be open space. d. The minimum setback from any street is 50 feet. The minimum setback from any other property line is 75 feet. e. A lawfully existing structure may be used that does not meet these requirements.

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b. restaurant
1. Defined
Restaurant is an establishment that prepares and sells food or drink for onor off-site consumption. Includes catering and banquet facilities. Does not include Drive-Thru Facilities (see Sec. 3.5.14.C, Drive-Thru Facility).

is adequate filtration of drainage between burial depth and the level of high water table. d. In the RDT, R, and RC zones, a family burial site is allowed as an accessory use on a residentially developed property and may be approved on a lot or parcel that is appropriate to the circumstances and is a minimum of 25 acres in size. A family burial site must be set back a minimum of 100 feet from any adjoining residential property and a minimum of 50 feet from any existing or master-planned street. The use of any property for a family burial site must be recorded in the lands records of Montgomery County.

2. Use Standards
a. Where a restaurant is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4. b. Where a restaurant is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

b. crematory Services
1. Defined
Crematory services is a facility in which cremation occurs.

Sec. 3.5.4. Funeral and interment Services

A. cemetery
1. Defined
Cemetery is a place used for the permanent interment of humans or animals or their cremated remains. Does not include a memorial garden on the premises of a religious institution (see Sec. 3.4.10, Religious Assembly).

2. Use Standards
Where crematory services is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

c. Funeral Home, Undertaker

1. Defined
Funeral home or undertaker is a facility that holds and transports human remains to and from the premises; embalms and caskets remains; allows visits to view the remains and conduct business with the establishment; and conducts funeral and memorial services, including organization of funeral processions.

2. Use Standards
Where a cemetery is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The proposed location is compatible with adjacent land uses, and will not adversely affect the public health, safety and welfare of the inhabitants of the area. b. All grave sites are sufficiently set back to establish a buffer between the site and surrounding properties. The buffer area so created must be suitably landscaped with trees and shrubs. c. Where the subject property is located in an area not served by public water and sewer, water table tests must be conducted to assure that there

2. Use Standards
Where a funeral home or undertaker is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The cremation of remains is prohibited. b. The funeral home may include a dwelling or sleeping facilities either as a separate building or a portion of the main building to be occupied by the owner or an employee of the establishment.

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c. The property and building must conform to the following: i. In the RE-2, RE-1, R-200, and R-90 zones, the minimum lot area is 2 acres.

limited by the Board of Appeals to avoid an adverse impact on adjoining uses. Adequate parking must be provided on-site for the total number of vehicles and trailers permitted. 4. Sale of plant materials, garden supplies or equipment is prohibited unless the contracting business is associated with a retail or wholesale nursery. 5. The Board of Appeals may regulate hours of operation and other on-site operations to avoid adverse impact on adjoining uses. 6. In evaluating the compatibility of the landscape contractor with surrounding land uses, the Board of Appeals must consider that the impact on surrounding land uses in an Agricultural or Rural Residential zone does not necessarily need to be controlled as stringently as the impact on a dwelling in a Residential zone.

ii. The minimum side setback is 50 feet. iii. The minimum rear setback is 50 feet. iv. If public water and sewer are available they must be used for the operation of the facility. Where public water and sewer are not available, chemicals used for burial preparation are prohibited. v. Frontage upon and access to a street or roadway with a minimum of 4 travel lanes. d. In the RDT zone, this use is allowed only where operating in conjunction with a cemetery established by conditional use approval before August 20, 2001. Also, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

Sec. 3.5.6. lodging

A. Defined, in general
Lodging is a facility for short-term overnight lodging of guests for compensation.

Sec. 3.5.5. landscape contractor

A. Defined
Landscape contractor is the business of designing, installing, planting, or maintaining lawns, gardens, or other landscaping and snow removal services with vehicles, equipment, and supplies that are stored, parked, serviced, or loaded at the business location. Includes tree installation, maintenance, or removal.

b. bed and breakfast

1. Defined
Bed and breakfast is a detached house that is owner-occupied with no more than 5 guest rooms. Breakfast is customarily served to guests.

b. Use Standard
Where a landscape contractor is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan and the following standards: 1. In the Agricultural, Rural Residential, and Residential Detached zones the minimum area of the lot is 2 acres. The Board of Appeals may require a larger area if warranted by the size and characteristics of the inventory or operation. 2. Building and parking setbacks are a minimum of 50 feet. 3. The number of motor vehicles and trailers for equipment and supplies operated in connection with the contracting business or parked on-site may be

2. Use Standards
a. Where a bed and breakfast is allowed as a limited use, it is subject to the following standards: i. A bed and breakfast is prohibited in a dwelling unit that also provides guest rooms for roomers, or in a farm tenant dwelling, or on a property that includes an accessory apartment.

ii. The display of a sign must include the official house number. iii. Breakfast is the only meal that may be served and only to overnight guests.

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iv. A guest must only remain in a bed and breakfast for a maximum of 30 days in any one visit. v. A record of all overnight visitors must be maintained. vi. The bed and breakfast must be registered with DPS. vii. The minimum area of the lot or parcel must be the greater of 9,000 square feet or the minimum lot size for a detached house building type in the zone. viii. On a lot of less than 2 acres, a maximum of 3 bedrooms may be designated as guest rooms for which compensation is charged. ix. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights). b. Where a bed and breakfast is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all limited use standards, Sec. 8.3.1, Conditional Use Plan, and the following standards: i. The Board of Appeals may deny a petition for bed and breakfast with frontage on and access to a road built to less than primary residential standards if it finds that road access will unsafe and inadequate for the anticipated traffic to be generated or the level of traffic would have an adverse impact on neighboring residences.

Sec. 3.5.7. medical and Dental

A. clinic (Up to 4 medical Practitioners)
1. Defined
Clinic for up to 4 medical practitioners is any building occupied by medical practitioners (such as a licensed physician, surgeon, dentist, osteopath, chiropractor, or optometrist) and related services to provide health services on an outpatient basis.

2. Use Standards
Where a clinic for up to 4 medical practitioners is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The minimum front lot width is 100 feet. b. The minimum setback from an adjoining lot is 40 feet. c. The property must front on and have direct access to an arterial or higher standard roadway. d. Office space suitable for the practice of the profession must be unavailable in either the nearest Commercial/Residential or Employment zone or the nearest medical clinic office building constructed according to a conditional use grant. e. A maximum of 4 additional medical practitioners may be present at any one time, and only if the presence of the additional practitioners will not generate additional patient-related traffic. The additional practitioners are only allowed to assist a practitioner in a specific surgical or diagnostic procedure or perform administrative work related to the treatment of patients on-site the same day. A written record must be kept for inspection by County enforcement staff identifying the physicians on-site and their schedules of seeing patients and performing administrative work.

ii. To avoid an adverse neighborhood impact and assure that the residential use remains predominant, the Board of Appeals may limit the number of transient visitors who may be accommodated at one time or the number of visits in any 30-day period.

c. Hotel, motel
1. Defined
Hotel or motel is a facility containing guest rooms arranged for short term stays of less than 30 days for compensation. May contain one or more restaurants, meetings rooms or banquet facilities. Includes hostel.

2. Use Standards
Where a hotel or motel is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

b. clinic (more than 4 Practitioners)

1. Defined
Clinic for more than 4 practitioners is a facility occupied by medical or dental practitioners, and any related services, to provide health services on an 3 47

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outpatient basis. Does not include emergency medical care accessory to a hospital.

b. nonresident Professional
1. Defined
Nonresident professional is an existing detached house structure used for professional office purposes by any member of a recognized profession, such as but not limited to psychiatrist, lawyer, architect, accountant, or engineer.

2. Use Standards
Where a clinic for more than 4 practitioners is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4.

2. Use Standards
Where a nonresident professional office is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. A general business office such as an insurance company office, a trade association, a manufacturing company, an investment company, a bank, or real estate company are prohibited. b. The property must be: i. designated as suitable for a nonresident professional office in an approved and adopted master or sector plan and located along a road with an existing right-of-way width of at least 90 feet;

c. medical, Dental laboratory

1. Defined
Medical or dental laboratory is a private, non-profit or research facility for the testing of blood and other clinical specimens. May conduct fabrication of medical or dental appliances. Includes blood or plasma donation center.

Sec. 3.5.8. office and Professional

A. office
1. Defined
Office is activities conducted in an office setting and generally focusing on business, professional or financial services. Includes chancery. Does not include Medical, Dental Laboratory (see Sec. 3.5.7.C, Medical, Dental Laboratory), Medical, Dental practice (see Sec. 3.5.7, Medical and Dental) or Veterinary Hospital (see Sec. 3.5.1.C, Veterinary Office/Hospital).

ii. located on a property designated as a historic resource in the Master Plan for Historic Preservation, and located along a road with an existing right-of- way of at least 120 feet and containing structures formerly used for nonresidential purposes; or iii. located on a property that abuts a fire station, police station, ambulance squad, or rescue squad. c. The Board of Appeals must find that the nonresident professional office: i. will not constitute a nuisance because of traffic or physical activity;

2. Use Standards
Where an office is allowed as a limited use, it is subject to the following standards: a. An office for a company that is not principally engaged in health services, research and development, or high technology industrial activities is limited to 40% of the gross floor area.

ii. will not adversely affect the use and development of adjacent properties; and iii. will have a minimum of 25% of the lot area devoted to open space.

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c. research and Development

1. Defined
Research and development is study, research, and experimentation in one or more scientific fields such as life sciences, biomedical research, communications, chemistry, computer science, electronics, medicine, and physics. Research and development also includes the development of prototypes and the marketing of resultant products. Related activities include the manufacturing, mixing, fermentation, treatment, assembly, packaging, and servicing of products. Supporting services such as administrative offices, educational facilities, libraries, and data services are other examples of related activities.

c. Surface Parking for Use Allowed in the Zone

1. Defined
Surface parking as a principal use in connection with any permitted or limited use allowed in the zone.

D. Surface Parking for commercial Uses in an Historic District

1. Defined
Surface parking for commercial uses in an historic district is surface parking of motor vehicles on land zoned Agricultural, Rural Residential, or Residential adjacent to land zoned Commercial/Residential or Employment in a master plan-designated historic district.

2. Use Standards
Where research and development is allowed as a limited use, it is subject to the following standards: a. Manufacturing, mixing, fermentation, or treatment of resultant products for marketing purposes is prohibited. b. A maximum of 30% of the gross floor area can be used for assembly, packaging, and servicing of resultant products.

2. Use Standards
a. Where surface parking for commercial uses in an historic district is allowed as a limited use, it is subject to the following standards: i. The land zoned Agricultural, Rural Residential, or Residential is currently vacant. Removing or relocating structures to provide parking is prohibited;

Sec. 3.5.9. Parking

A. Defined
Parking is a facility that provides parking for motor vehicles where the facility is not accessory to a principal use. A fee may be charged.

ii. The amount of parking proposed is the minimum required under Div. 7.2, Parking, Queuing, and Loading for the commercial use proposed. Providing extra spaces is prohibited; iii. The parking area must be located behind the front building line of the commercial structure being served by the parking except that in the case of a through lot with 2 front yards, parking must normally front on the road with the lesser classification; and iv. Review and approval of the proposed parking must be obtained from the Historic Preservation Commission through the Historic Area Work Permit process (Chapter 24A-7). b. Where surface parking for commercial uses in an historic district is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all limited use standards and Sec. 8.3.1, Conditional Use Plan.

b. Structured Parking
1. Defined
Structured parking as a principal use. A one or more level structure for parking or storing motor vehicles. A parking structure may be totally below grade as in an underground parking garage, or either partially or totally above grade with those levels being either open or enclosed and may include commercial uses along the ground floor.

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Sec. 3.5.10. recreation and entertainment

A. Adult entertainment
1. Defined
Adult entertainment is an establishment that: a. Sells, rents, exhibits, or displays adult entertainment materials using a floor area that is more than 10% of the total floor area for selling, renting, exhibiting, or displaying all materials; b. Features nude persons or adult entertainment performances; or c. Otherwise requires a County license as an adult entertainment business.

place of worship, or Residential zone is established within 750 feet of the adult entertainment business after the business was established. e. An adult entertainment business may operate only between the hours of 9:00 a.m. and 11:00 p.m. f. If adult booths are located on the premises: i. The booths must be physically arranged so that the entire interior portion of the booth is visible from the common areas of the premises;

ii. Doors or curtains that screen the booths interior from the common areas of the premises are prohibited; iii. The booths must be designed to prevent physical contact with another person; iv. The booths must be illuminated at all times; v. Holes in the partitions between the adult booths are prohibited; and vi. Persons under the age of 18 are prohibited from entering the premises.

2. Use Standards
Where adult entertainment is allowed as a limited use, it is subject to the following standards: a. The adult entertainment materials must not be visible from outside the establishment. b. Access to the adult entertainment materials must be prohibited to any person under the age of 18 years. c. The adult entertainment business must be located a minimum of 750 feet from any property: i. located in a Residential zone; or

b. campground
1. Defined
Campground is a facility used for 2 or more tent or recreational vehicle campsites. Does not include sites for manufactured homes.

ii. on which a school, library, park, playground, recreational facility, day care center, place of worship, or other adult entertainment business is located as a principal use. iii. The distance must be measured in a straight line from the nearest property line of the property used for the adult entertainment business to the nearest point of the boundary line of any property located in a Residential zone, or on which a school, library, park, playground, recreational facility, day care center, place of worship or other adult entertainment business is located. d. An adult entertainment business may continue as a nonconforming use if a school, library, park, playground, recreational facility, day care center,

2. Use Standards
Where a campground is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The maximum density of campsites is 15 campsites per acre of the developed portion of the campground, inclusive of service roads, toilet facilities and service buildings. b. Each campsite, excluding parking space, provides a minimum of 900 square feet.

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c. The site is a minimum of 10 acres and has a minimum frontage of 150 feet abutting a public right-of-way; unless the Board of Appeals waives the requirement for a minimum frontage where it finds that access for vehicular traffic is adequate. d. All campsites are located a minimum of 100 feet from any property line, and a minimum of 50 feet from any public right-of-way.

c. In a Residential zone, a minimum frontage of 200 feet on a road of arterial or higher classification is required. d. All major outdoor activity areas, golf course playing surfaces and accessory uses such as tennis courts and swimming pools must be set back a minimum of 100 feet from property lines shared with a property in a Residential Detached zone. The Board of Appeals may reduce this setback where it finds that landscaping, screening, fencing or other measures can mitigate the adverse effects on the adjoining residential use.

c. conference center
1. Defined
Conference center is a facility for conducting meetings, discussions and conferences. Includes meeting rooms, auditoriums, cafeterias, dining rooms, recreational uses, and supporting services designed to accommodate planned meetings. Does not include a hotel or motel (see Sec. 3.5.6.C, Hotel, Motel).

e. Health clubs and Facilities

1. Defined
Health clubs and facilities is a facility designed to enhance physical conditioning and general health. Includes dance, martial arts, and yoga studios.

2. Use Standards
Where a health club or facility is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4.

2. Use Standards
Where a conference center is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

D. golf course, country club

1. Defined
Golf course , country club is the course and surrounding land maintained for the game of golf, including accessory maintenance facilities, putting greens and driving ranges, and club houses that may contain locker rooms, restaurants, pro shops, tennis courts, and pools. Food, refreshments, and entertainment for club or organization members and their guests may be provided.

F. recreation and entertainment Facility, indoor (capacity up to 1,000 Persons)

1. Defined
Indoor recreation and entertainment facility with a capacity up to 1,000 persons is commercial uses, providing daily or regularly scheduled recreation-oriented or entertainment activities in an indoor setting, such as sport facilities, theaters, and dance clubs. Does not include Indoor Shooting Range (see Sec. 3.5.10.I, Shooting Range (Indoor)).Does not include Health Clubs and Facilities (see Sec. 3.5.10.E, Health Clubs and Facilities).

2. Use Standards
Where a golf course, with or without a country club, is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The maximum building coverage is no more than 3%. b. The minimum setback for a principal building is 50 feet.

2. Use Standard
Where an indoor recreation or entertainment facility is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

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g. recreation and entertainment Facility, outdoor (capacity up to 1,000 Persons)

1. Defined
Outdoor recreation and entertainment facility with a capacity up to 1,000 persons is a commercial facility varying in size, providing daily or regularly scheduled recreation-oriented activities in an outdoor setting. May take place wholly outdoors or within a number of outdoor structures. Includes golf driving range. Does not include Golf Course, Country Club (see Sec. 3.5.10.D, Golf Course, Country Club), or an Outdoor Shooting Range (see Sec.3.5.10.J, Shooting Range (Outdoor)).

Only an outdoor catering facility is allowed.

ii. The site must be a minimum of 80 acres. iii. The maximum building height is 20 feet. iv. Any structure, building, or parking area must be setback from any property line a minimum of 100 feet. v. The site must have direct access to a public road that is built to primary or higher standards. vi. Other than a permanent food preparation building, permanent structures are limited to open pavilions.

2. Use Standard
Where an outdoor recreation or entertainment facility is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan and the following standards: a. In the RE-2C zone: i. Only a group picnic, catering and recreation facility is allowed.

H. recreation and entertainment Facility, major (capacity over 1,000 Persons)

1. Defined
Major recreation and entertainment facility with a capacity over 1,000 persons is a private commercial facility for staging performances or cultural, sporting, or general public interest events for over 1,000 participants or attendees. May be indoors or outdoors.

ii. The site must be a minimum of 80 acres. iii. The maximum building height is 50 feet. iv. Any structure or building must be set back from any property line a minimum of 50 feet. v. The site must have direct access to a public road that is built to primary or higher standards. vi. Outdoor catering and recreational facilities must be located, landscaped or otherwise buffered so that the activities associated with the facilities will not constitute an intrusion into adjacent residential properties. The facilities must be designed and sited to protect adjacent residential properties from objectionable impacts by providing adequate screening measures. vii. Off-street parking must be sufficient to accommodate the number of people participating in the events and adequately screened. b. In the R-200 zone:

2. Use Standards
Where a major recreation or entertainment facility is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. In the RE-2C zone: i. Only a group picnic, catering and recreation facility is allowed.

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the facilities will not constitute an intrusion into adjacent residential properties. The facilities must be designed and sited to protect adjacent residential properties from objectionable impacts by providing adequate screening measures. vii. Off-street parking must be sufficient to accommodate the number of people participating in the events and adequately screened.

Sec. 3.5.11. retail Sales and Service

A. retail/Service establishment
1. Defined
Retail/service establishment is a retailer providing personal services and sale of goods to the general public. Does not include Animal Services (see Sec. 3.5.1, Animal Services) or Drive-Thru Facility (see Sec. 3.5.14.C, Drive-Thru Facility).

i. Shooting range (indoor)

1. Defined
Indoor shooting range is an indoor rifle or pistol range.

2. Use Standards
Where a retail/service establishment is allowed as a limited use, it is subject to the following standards: a. In the R-10 zone: i. The apartment/condo building type must contain a minimum of 150 dwelling units, be a minimum of 60 feet in height, and be on a tract of land of with a minimum of 5 acres.

2. Use Standard
Where an indoor shooting range is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

J. Shooting range (outdoor)

1. Defined
Outdoor shooting range is an outdoor rifle, pistol, skeet or trap shooting range.

ii. A maximum of 10% of the gross floor area of the building or 5,000 square feet, whichever is less, may be used for retail/service establishment use. iii. Only small-scale retail sales and personal service establishments are permitted. Small-scale retail sales and personal service establishments provide convenience goods and services typically requiring frequent purchase and a minimum of travel by occupants of the nearby commercial area and adjacent residential neighborhood. b. In the CRN and CRT zones, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4. c. In the CRT and CR zones, where a development is located within 1/2 mile of a Metro station entrance and has a minimum 50,000 square feet footprint or a minimum of 100,000 square feet of all gross floor area designed, for a single user it is subject to the following standards:

2. Use Standard
Where an outdoor shooting range is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. Adjacent areas are predominantly undeveloped. b. The hours of operation are compatible with adjacent existing uses. c. The use is established for a period of 3 years, subject to renewal by Board of Appeals. d. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

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The maximum building footprint of the area designed for a single retail/service establishment use is 80,000 square feet.

2. Use Standards
Where a rural antique shop is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan subject to the following standards: a. The shop must be located in an existing building or part of an existing building. b. The original character of the building must be maintained. c. The structure must be 5 or more years old. d. If the property is located in the R-200 zone, it must abut land in the RDT zone. e. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

ii. Additional floor area equal to at least 20% of the footprint designed for the largest retail/service establishment must be provided as street level retail spaces with less than 5,000 square feet of tenant gross floor area each. These spaces must be located at street level, and a secondary entrance accessing the primary retail sales/service establishment use is prohibited. At least 50% of the additional tenant space(s) must be located along the facade where the primary active customer entrance for the largest single retail/service establishment is located. iii. In addition to the street-facing entrance requirement, all sides of a building that front an abutting public right-of-way must have at least one active entrance. iv. Full architectural parapets or equivalent features must be used around the entire building to conceal rooftop mechanical equipment. v. There must be residential floor area and/or office floor area that is equal to or greater than the gross floor area designed for the subject retail/service establishment. At least 50% of the gross floor area of the non-retail component must be located above the street level retail footprint. vi. Parking facilities, excluding access driveways, must be located belowgrade or in a structure behind or within the primary building. d. In the ELS and EOF zones, retail sales/service establishments are limited to a maximum of 30% of the gross floor area of development approved under one application. e. In the IL and IH zones, retail sales and services is limited to a building material and supply establishment, wholesale or retail.

c. rural country market

1. Defined
Rural country market is the display and retail sale of agricultural products and farm food products certified as non-potentially hazardous by the Department of Health and Human Services. A rural country market includes the display and sale of non-edible farm products only if the products are grown and processed on farms in the State of Maryland. A rural country market does not include the sale or storage of bread, cheese, or other foodstuffs produced in a commercial kitchen, or an eating and drinking establishments (see Sec. 3.5.3, Eating and Drinking).

2. Use Standards
Where a rural country market is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

Sec. 3.5.12. vehicle/equipment Sales and rental

A. Heavy vehicle Sales and rental
1. Defined
Heavy vehicle sales and rental is the sales, rental, or leasing of commercial vehicles, heavy equipment, and manufactured homes. Includes 18-wheel-

b. rural Antique Shop

1. Defined
Rural antique shop is the sale of items belonging to, made in, or typical of an earlier period.

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ers, commercial box trucks, high-lifts, construction and heavy earth-moving equipment.

b. A site plan must be filed under Sec. 8.3.4.

2. Use Standards
Where heavy vehicle or equipment sales and rental is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. Vehicles must be stored or parked only on a hard surface that is constructed of material resistant to erosion, is adequately treated to prevent dust emission, and is surrounded by a raised curb. The parking and storage area must be setback a minimum of 15 feet from any right-of-way, 15 feet from any property line adjoining land in a residential zone, and 3 feet from any other property line. b. A minimum of 20 feet between access driveways on each street is required, and all driveways must be perpendicular to the curb or street line c. On a corner lot, the access driveway must be located a minimum of 20 feet from the intersection of the front and side street rights-of-way, and is a maximum of 30 feet in width. d. Product displays, parked vehicles and other obstructions, which would adversely affect visibility at intersections or to driveways are prohibited.

c. light vehicle Sales and rental (outdoor)

1. Defined
Outdoor light vehicle sales and rental is the outdoor sales, rental, or leasing of light equipment and vehicles. The minor repair of vehicles and equipment for sale, rent, or lease is allowed as an incidental use.

2. Use Standards
Where outdoor light vehicle or equipment sales and rental is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, it is subject to the following standards: i. Access to the site from a street with a residential classification is prohibited.

b. light vehicle Sales and rental (indoor)

1. Defined
Indoor light vehicle sales and rental is the indoor sales, rental, or leasing of light equipment and vehicles. The minor repair of vehicles and equipment for sale, rent, or lease is allowed as an incidental use.

ii. Vehicles must be stored or parked only on a hard surface that is constructed of material resistant to erosion, is adequately treated to prevent dust emission, and is surrounded by a raised curb. The parking and storage area must be setback 15 feet from any right-of-way, 15 feet from any property line adjoining land in an Agricultural, Rural Residential, or Residential Detached zone, and 3 feet from any other property line. iii. There must be a minimum of 20 feet between access driveways on each street, and all driveways must be perpendicular to the curb or street line. iv. When such use occupies a corner lot, an access driveway is prohibited within 20 feet from the intersection of the front and side street rights-of-way, and cannot exceed 30 feet in width. v. Product displays, parked vehicles and other obstructions which would adversely affect visibility at intersections or to driveways are prohibited. vi. In the CRT zone, a site plan must be filed under Sec. 8.3.4.

2. Use Standards
Where indoor light vehicle or equipment sales and rental is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, it is subject to the following standards: a. Access to the site from a street with a residential classification is prohibited.

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Sec. 3.5.13. vehicle Service

A. Automobile Storage lot
1. Defined
Automobile storage lot is the storage of automobiles in connection with a towing operation. The storage of junked cars is prohibited.

(a) All buildings must be set back a minimum of 100 feet from the abutting residential property line; and (b) All parking and drive aisles for vehicles must be set back a minimum of 50 feet from the abutting residential property line. b. Where a car wash is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all limited use standards and Sec. 8.3.1, Conditional Use Plan.

2. Use Standards
Where an automobile storage lot is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

c. Fuel Sales
1. Defined
Fuel sales is an area of land, including buildings and other structures that is used to primarily dispense motor vehicle fuels to the consumer.Minor repair service are allowed as an accessory use. Storage or parking offered for rent is prohibited. Includes accessory car wash where mechanical or hand-operated facilities used for the cleaning, washing, polishing, or waxing of motor vehicles, are limited to 2 bays.

b. car Wash
1. Defined
Car wash is a principal use of land or a structure with mechanical or handoperated facilities used for cleaning, washing, polishing, or waxing of motor vehicles.

2. Use Standards
a. Where a car wash is allowed as a limited use, it is subject to the following standards: i. When a car wash occupies a corner lot, the ingress or egress driveways are located a minimum of 20 feet from the intersection of the front and side street lines of the lot.

2. Use Standards
Where fuel sales is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The minimum site area is 20,000 square feet. b. Access to the site from a street with a residential classification is prohibited. c. Site lighting is a maximum of 0.1 footcandle at the property line when adjacent to a Residential Detached zone. Site lighting is a maximum of 0.5 footcandles at the property line when adjacent to all other zones. d. Any fuel sales facility designed to dispense a minimum of 3.6 million gallons per year must be located at least 300 feet from the lot line of any public or private school, or any park, playground, day care center, or any outdoor use categorized as a Civic and Institutional use or a Recreation and Entertainment use.

ii. Obstructions which adversely affect visibility at intersections or to the car wash driveways are prohibited. iii. All driveways must be perpendicular to the curb or street line. iv. Vehicle stacking space must be equivalent to 5 times the vehicle capacity of the automatic car wash or 3 times the vehicle capacity of the manual car wash bays. v. Demonstrate that the vehicles using the car wash will not queue offsite. vi. Where abutting or confronting a property zoned Residential that is vacant or improved with a residential use: 3 56

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e. Product displays, parked vehicles and other obstructions that adversely affect visibility at intersections or to station driveways are prohibited. f. When such use occupies a corner lot, the ingress or egress driveways must be located a minimum of 20 feet from the intersection of the rights-of-way and must not exceed 30 feet in width. g. Each gasoline pump or other service appliance must be located on the lot a minimum of 10 feet behind the setback line; and all service, storage, or similar activities in connection with the use must be conducted entirely within the building. h. There must be a minimum of 20 feet between driveways on each street, and each driveway must be perpendicular to the curb or street line. The Board of Appeals may waive the perpendicular driveway requirement if the Department of Transportation deems the alternative safe. i. j. Vehicle parking that overhangs the public right-of-way is prohibited. If the fuel sales facility includes a car wash, it must: i. provide vehicle stacking space equivalent to 5 times the vehicle capacity of the automatic car wash and 3 times the vehicle capacity of the manual car wash bays must be provided; and

commercial vehicles or heavy equipment (see Sec. 3.5.13.C, Repair (Commercial Vehicle)).

2. Use Standards
a. Where minor vehicle repair is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential that is vacant or improved with an agricultural or residential use, it is subject to the following standards: i. All buildings must be set back a minimum of 50 feet from the abutting residential property line.

ii. All parking and storage for vehicles must be set back a minimum of 25 feet from the abutting residential property line. iii. The minimum site area is 20,000 square feet. iv. Access to the site from a street with a residential classification is prohibited. v. In the CRT zone, a site plan must be filed under Sec.8.3.4. b. Where a minor repair facility is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all applicable limited use standards and Sec. 8.3.1, Conditional Use Plan.

ii. demonstrate that the vehicles using the car wash will not queue offsite.

F. repair (major)
1. Defined
Major repair is a facility where general vehicle repair and service is conducted, including engine and transmission replacement or rebuild, body, and paint shops. Does not include repair or services for commercial vehicles or heavy equipment (see Sec. 3.5.13.C, Repair (Commercial Vehicle)).

D. repair (commercial vehicle)

1. Defined
Commercial vehicle repair is repair, service, or accessory installation for aircraft or commercial vehicles, including box trucks, 18-wheelers, and construction and other heavy equipment. Includes the sale of fuel for aircraft.

e. repair (minor)
1. Defined
Minor repair is a facility where minor vehicle repair and service is conducted. Includes audio and alarm installation, custom accessories, quick lubrication facilities, scratch and dent repair, bed-liner installation, tires, brakes, mufflers, and glass repair or replacement. Does not include repair or services for

2. Use Standard
a. Where major vehicle repair is allowed as a limited use, if it is abutting or confronting a property zoned Residential that is vacant or improved with a residential use, it is subject the following standards: i. All buildings must be set back a minimum of 100 feet from the abutting residential property line.

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ii. All parking and storage for vehicles must be set back a minimum of 50 feet from the abutting residential property line. iii. The minimum site area is 20,000 square feet if not fully contained in a structure. iv. Access to the site from a street with a residential classification is prohibited. b. Where major vehicle repair is allowed as a conditional use, it may be permitted by the Board of Appeals subject to all limited use standards and Sec. 8.3.1, Conditional Use Plan.

c. commercial Kitchen
1. Defined
Commercial kitchen is a facility that is accessory to Religious Assembly (Sec. 3.4.10) or Public Use (Sec. 3.4.9) and satisfies the requirements of Chapter 15 for the preparation of food that could be sold to the public.

2. Use Standards
Where a commercial kitchen is allowed as a limited use, it is subject to the following standards: a. The commercial kitchen must occupy less than 5% of the floor area of the building in which it is located. b. The commercial kitchen can not be used as part of an on-site Eating and Drinking establishment (Sec. 3.5.3). c. A minimum of one parking space, on-site or off-site, per kitchen user is required. d. The commercial kitchen can be used for the preparation of food for public consumption off-site only between the hours of 6:00 AM to 9:00 PM weekdays and 8:00 AM to 9:00 PM weekends.

Sec. 3.5.14. Accessory commercial Uses

A. Amateur radio Facility (Up to 65 feet in Height)
1. Defined
Amateur radio facility up to 65 feet in height is any facility used for personal, noncommercial radio communications licensed by the Federal Communications Commission up to 65 feet in height.

b. Amateur radio Facility (over 65 feet in Height)

1. Defined
Amateur radio facility over 65 feet in height is any facility used for personal, non-commercial radio communications licensed by the Federal Communications Commission over 65 feet in height.

D. Drive-Thru Facility
1. Defined
Drive-thru facility is a facility at which the customer is served while sitting in a vehicle. Includes drive-thru restaurants, banks, and pharmacies. Does not include Fuel Sales (see Sec. 3.5.13.B, Fuel Sales).

2. Use Standards
Where an amateur radio facility over 65 feet in height is allowed, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and must demonstrate that the additional height is the minimum needed to engage in radio communications under a license issued by the Federal Communications Commission.

2. Use Standards
Where a drive-thru facility is allowed as a limited use, it is subject to the following standards: a. A drive-thru facility, including the queuing area, must be located a minimum of 100 feet from any property in the Agricultural, Rural Residential, or Residential Detached zones. b. A drive-thru service window, drive aisle, or queuing area located between the street and the front main wall of the main building is prohibited.

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c. A drive-thru service window, drive aisle, or stacking area may be located between the street and the side wall of the main building on a corner lot if permanently screened from any street by a minimum 5 foot high wall or fence.

ii. an antenna to receive television imaging in the home, may not be used as a support structure for any other antenna. c. Wireless communication on an existing structure is prohibited in any scenic setback indicated on an approved and adopted master plan. d. An antenna and a related unmanned equipment building or cabinet may be installed on a rooftop when the following standards are met: i. The building must be a minimum of 50 feet in height in any Residential zone; or

e. Helistop
1. Defined
Helistop is a designated area, either at ground level or elevated on a structure, used for the landing and takeoff of helicopters. No major support facilities are allowed (see Sec. 3.6.6.B, Helipad, Heliport). Minor support facilities such as a small sheltered waiting or loading area, a small administrative office, and one permanent tie-down space are allowed. A small fuel tank for a ground level facility is allowed.

ii. In any other zone, the building must be a minimum of 30 feet in height. e. An antenna may be mounted on the facade of the building with a minimum height of 30 feet in any non-Residential zone, and a minimum height of 50 feet in a Residential zone. f. An antenna may be attached to an existing structure on privately-owned land, including but not limited to a radio, television, or telephone transmission tower, a monopole, a light pole, a water tank, a silo, a barn or an overhead transmission line support structure. g. Any equipment building is subject to the following requirements: i. An unmanned equipment building or cabinet is a maximum of 560 square feet in area and 12 feet in height or 14 feet in height for a rooftop structure, including the support structure for the equipment building, except that a single equipment building in excess of 560 square feet, located at ground level, may be used for more than one telecommunication provider, where: (a) The overall maximum square footage is 1,500 square feet and the maximum height is 12 feet; (b) The building is used for more than one telecommunication provider operating from the same monopole or tower; and (c) The building is reviewed by the Telecommunications Transmission Facility Coordinating Group in accordance with Sec. 2-58E.

2. Use Standards
Where a helistop is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

F. Wireless communication on existing Structure

1. Defined
Wireless communication on existing structure is wireless communication mounted on an existing structure. Includes rooftop mounted antennas and related unmanned equipment building, equipment cabinets, or equipment room.

2. Use Standards
Where wireless communication located on an existing structure is allowed as a limited use, it is subject to the following standards: a. An antenna is prohibited on a detached house or duplex building type or associated accessory structure. b. A structure constructed for the support of the following is prohibited for use as a support structure for any other antenna: i. an antenna that is part of an amateur radio facility licensed by the Federal Communications Commission; or

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ii. If the equipment building or cabinet is at ground level in a Residential zone, the building or cabinet must be faced with a compatible material on all sides and surrounded by landscaping providing a screen of at least 3 feet in height, and must conform to the setback standards of the applicable zone. iii. If the equipment building is located on the roof of a building, the equipment building or cabinet and other structure, in combination with any other equipment building and structure, must not occupy more than 25% of the roof area.

must be landscaped and maintained; and

ii. can be approved for a maximum of one year. Extensions may be approved by DPS for additional one year periods. If a public hearing is held on the extension, the applicant must demonstrate to DPS that a more appropriate location for such use, farther removed from the residential development, does not exist on the site. This finding will not be required if the extension requested does not exceed 6 months. f. Any temporary construction administration or sales office, including an outside storage area, located a minimum of 100 feet from an occupied residentially developed property can be approved for a maximum of 3 years. Extensions may be approved by DPS for additional 2 year periods. g. The procedure to request an extension of a temporary use-and-occupancy permit for a temporary construction administration or sales office is as follows: i. The request must be filed with DPS.

Sec. 3.5.15. Temporary commercial Uses

A. construction Administration or Sales office
1. Defined
Construction administration or sales office is a temporary office for construction administration or real estate sales.

2. Use Standards
Where a construction administration or sales office is allowed as a limited use, it is subject to the following standards: a. Requires a temporary use permit and a use-and-occupancy permit. b. The use is limited to the construction, development, or sale of buildings or structures within the same site or subdivision. c. The use is allowed only for the duration of construction and sale of a project. d. A temporary outdoor storage yard for construction equipment or building materials and supplies that is located within 300 feet of any occupied residentially developed property and is to be maintained in the same general location for a minimum of one year must be effectively screened from the residential development by natural features or a solid fence with a maximum height of 6.5 feet. e. A temporary construction administration or sales office, including any associated trailer, building, or portable toilet, that is located within 100 feet of an occupied residentially developed property:

ii. The applicant must demonstrate compliance with the landscaping and screening requirements of the original approval. iii. If the use moves more than 200 feet from the originally approved location, then the applicant must apply for a new temporary use-andoccupancy permit. iv. The applicant must provide notice by certified mail to all owners of property that adjoin such use stating that an extension has been requested and that the owners, if they wish to comment, must submit their comments concerning the extension to DPS within 20 days. v. If any adjoining property owner opposes continuance of the use, DPS must hold a public hearing prior to making a decision on the requested extension. A notice of such public hearing must be sent to all adjoining property owners. vi. DPS must decide on the extension within 5 days of the closing of the hearing record. An approving an extension, DPS can add further rea-

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sonable conditions to the use-and-occupancy permit. DPS may deny an extension, with reasons for the denial stated in writing.

b. Special event Parking

1. Defined
Special event parking is off-street parking of automobiles in connection with a sporting or cultural event of general public interest.

ii. A transitory use may be located in the public right-of-way where it satisfies Chapter 47. iii. A transitory use is prohibited on any portion of the open space required by the zone in which the property is located. iv. If a transitory use is located in a parking lot and it reduces the number of spaces below the minimum required, a waiver must be obtained from the applicable review body. v. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

2. Use Standards
Where special event parking is allowed as a limited use, it is subject to the following standards: a. Limited to one event a year for a maximum of 10 days. b. A written permit authorizing such parking must be obtained from DPS a minimum of 10 days before the event. c. DPS is authorized to impose a reasonable fee and other requirements on the permittee to assure that the parking is safe and free from hazard, and the community interest and welfare are protected.

c. Transitory Use
1. Defined
Transitory use is a use on private property or the public right-of-way conducted from a vehicle or from a movable structure that remains in the same location for less than 24 hours. Includes a food service truck.

2. Use Standards
Where a transitory use is allowed as a limited use, it is subject to the following standards:

a. registration
A transitory use must be registered under Chapter 47.

b. Uses Allowed
i. A transitory use may be allowed on private property only if it would be allowed as a permanent use in the applicable zone under Sec. 3.1.7.

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Div. 3.6. industrial Uses

Sec. 3.6.1. Animal research Facility
A. Defined
Animal research facility is a facility for the use of non-human animals in scientific experimentation.

b. Dry cleaning Facility (over 3,000 SF)

1. Defined
Dry cleaning facility over 3,000 square feet is an establishment for the mechanical cleaning of garments, articles or goods of fabric. Includes a linen, diaper or uniform laundering service. May perform work on the premises for other dry cleaning and laundry services and serve retail customers.

Sec. 3.6.2. contractor Storage Yard

A. Defined
Contractor storage yard is an outdoor storage yard for construction equipment or building materials and supplies.

Sec. 3.6.4. manufacturing and Production

A. Artisan manufacturing and Production
1. Defined
Artisan manufacturing and production is the manufacture and production of commercial goods by a skilled manual worker or craftsperson, such as jewelry, metalwork, cabinetry, stained glass, textiles, ceramics, or hand-made food products; however, it does not include any activity which causes noise, odor, or vibration to be detectable on a neighboring property.

b. Use Standards
Where a contractor storage yard is allowed as a limited use, if it is abutting or confronting a property zoned Residential Detached that is vacant or improved with a residential use,it is subject to the following standards: 1. The minimum site area is 20,000 square feet. 2. Access to the site from a street with a residential classification is prohibited.

b. Heavy manufacturing and Production

1. Defined
Heavy manufacturing and production is the processing, manufacturing and/ or compounding of materials or products predominately from raw materials, which may include the storage of large volumes of highly flammable, toxic matter or explosive. This manufacturing may involve outdoor operations as part of their manufacturing process. General manufacturing processes have greater than average impacts on the environment and/ or significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards.

Sec. 3.6.3. Dry cleaning Facility

A. Dry cleaning Facility (Up to 3,000 SF)
1. Defined
Dry cleaning facility up to 3,000 square feet is an establishment up to 3,000 square feet for the mechanical cleaning of garments, articles or goods of fabric for retail customers. Does not include Laundromat or Dry Cleaning and Laundry Pick-up Station, (see Sec. 3.5.11, Retail/Service Establishment).

2. Use Standards
Where a dry cleaning and laundry facility is allowed as a limited use, work for other similar dry cleaning or laundering establishments is prohibited.

c. light manufacturing and Production

1. Defined
Light manufacturing and production is the manufacturing of finished products or parts from materials including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all manufacturing processes are

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contained entirely within a building. Noise, odor, smoke, heat, glare and vibration resulting from the manufacturing processes are confined within the building.

D. medical/Scientific manufacturing and Production

1. Defined
Medical/scientific manufacturing or production is the manufacturing, compounding, processing, assembly, or packaging, including incidental storage, sales, and distribution of cosmetics, drugs, perfumes, pharmaceuticals, toiletries, synthetic molecules, products resulting from biotechnical and biogenetic research and medical, scientific, or technical instruments, devices, and equipment.

stoneworks, stone cutting, stone polishing, loading, batching, mixing, maintenance, service and repair equipment, facilities and structures will be set back from property lines an amount sufficient to achieve the performance standards established by the Board of Appeals. 4. Access to a public road must be available. 5. The maximum height of a building or structure is 90 feet above the natural grade of the portion of the site upon which building or structure is situated, provided, however, that facilities for rail loading abutting the right-of-way of a railroad are permitted to extend to a height of 25 feet above the grade of the railroad at the property line abutting the railroad right-of-way. 6. A minimum of 25% of the lot area designated for mining and excavation will be maintained in open space, including required buffer areas, landscaped or planted berms, forested areas or areas devoted to agriculture. 7. Access roads, security patrol roads, railroad sidings, identifications, directional and safety warning signs, security fences and acoustical or visual screens, berms or walls are permitted within the setback area. 8. The use is valid for a maximum of 3 years, subject to renewal by the Board of Appeals. 9. In the RDT zone, this use may be prohibited (see Sec. 3.1.5, Transferable Development Rights).

2. Use Standards
Where medical/scientific manufacturing and production is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential use, a site plan must be filed under Sec. 8.3.4.

Sec. 3.6.5. mining, excavation

A. Defined
Mining or excavation is uses that extract minerals and other natural resources from land. Includes borrow pit, gravel mining.

b. Use Standards
Where mining or excavation is allowed as a conditional use, it may be allowed by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: 1. The lot area has been determined by the sum of the area to be extracted plus that area required to meet the minimum setback standards, or the area required to meet the performance standards of this zone, whichever is greater. However, the minimum lot area is 10 acres. 2. A maximum of 10% of the net area of the lot is covered by buildings, including accessory buildings. 3. All quarries, pits, open mines, processing plants, screening, sorting, storage,

Sec. 3.6.6. Transportation

A. bus, rail Terminal
1. Defined
Bus or rail terminal is a facility for boarding buses or trains. Does not include bus or train maintenance (see Sec. 3.5.13.C, Repair (Commercial Vehicle)).

2. Use Standards
Where a bus or rail terminal is allowed as a limited use, bus or train storage is prohibited.

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b. Helipad, Heliport
1. Defined
Helipad or heliport is a designated area, either at ground level or elevated on a structure, that is used on a regular basis for the landing and takeoff of rotorcraft. Includes support facilities such as refueling services, maintenance and cargo loading areas, tie- downs and hangars, administration offices, and other appropriate terminal facilities.

ent noise levels) exceed pre-rotorcraft ambient DNL levels by one decibel or less. If rotorcraft operations already exist in the vicinity, the cumulative impact of all operations must be calculated to determine compliance. d. Instead of monitoring ambient conditions, the following noise-compatible land use planning goals for various land use types and densities must be used, as shown in the following table: i. Maximum Compatible Sound Levels Day/Night Average Sound Level (DNL) in A-Weighted Decibels 55 dBA

2. Use Standards
Where a helipad or heliport is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. All applications for heliports/helistops must provide noise analysis sufficient to make a finding of noise compatibility around the facility (the primary impact area) and along and under the principal access routes (the secondary impact area). The primary impact area includes the rotorcraft facility and the area within a 4,000-foot radius from the helipad. The secondary impact area includes all areas in the County along and under the principal access routes to the rotorcraft facility excluding the primary impact area. b. The heliport/helistop noise analysis must include a description of detailed operational procedures that would minimize noise levels affecting sensitive land uses in both the primary and secondary impact areas (fly neighborly procedures). Based on use of these procedures and worstday noise scenario with peak usage of the facility, projected rotorcraft noise level (in terms of day-night average sound level or DNL) must be developed using models approved by the Federal Aviation Administration (see FAA Advisory Circular 150/5020-2). This worst-day operational scenario becomes the maximum allowable limit for the type, weight and noise characteristics of the rotorcraft proposed to use the facility; proposed number of operations; and approximate time of day that landings and departures could occur. c. Rotorcraft operations are noise compatible if ambient DNL noise levels at noise sensitive areas with rotorcraft operations (post-rotorcraft ambi3 64

Approximate Density Residential Less than or equal to 1 unit per acre Multi-unit and high rise

2 units to 15 units per acre 60 dBA 65 dBA ii. Based on this table and the compatibility standard of allowing only a one-decibel increase in the ambient levels, the following table designates maximum rotorcraft sound levels iii. Maximum Rotorcraft Sound Levels Approximate Density Residential Less than or equal to 1 unit per acre Multi-unit and high rise Day/Night Average Sound Level (DNL) in A-Weighted Decibels 49 dBA

2 units to 15 units per acre 54 dBA 59 dBA iv. Where ambient noise levels significantly differ from those in the Maximum Compatible Sound Levels Table, measurements or modeling may be performed to establish compatibility standards appropriate to the ambient environment. Office, commercial and industrial land uses will not be reviewed for noise impacts with the following 2 exceptions: (1) situations where it appears likely that workers will be subjected to noise levels in excess of LEQ1 = 75 dBA for an 8-hour period; (2) in CBD or Transit Station areas, where amenity spaces are

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provided, if it appears that noise impacts may be of such magnitude as to significantly reduce the usefulness or inhibit the proper function of these spaces for their intended purpose. In addition to the cumulative noise standards, the Board of Appeals may designate additional conditions for use in the public interest which may include, but not be limited to, restricting the number of rotorcraft operations, restricting the hours of operation of the facility, restricting operations of high noise generating rotorcraft during noise-sensitive hours, or any combinations thereof. e. With the exception of operations on the helipad, all on-ground operations are subject to the standards of Chapter 31B, Noise Control. In particular, heliport maintenance operations must be subject to these standards. f. Permission to use a site for a private use helistop/heliport may be granted by the Board of Appeals for a 5-year period or such shorter period as the Board of Appeals may specify in granting the conditional use. The conditional use may be renewed by the Board of Appeals for additional periods, not to exceed 5 years each, if the same findings required for the initial approval by the Board of Appeals can still be made. g. Operators of approved heliports/ helistops must maintain an accurate log of all rotorcraft operations, specifying each operation that occurs including the type of rotorcraft and the date and time of the operation. This log must be available for inspection by DPS as part of any inspection of operations for conditional uses. Failure to maintain the log or failure to make the log available to DPS as part of an inspection is a violation of the conditional use approval

2. Use Standards
Where a taxi/ limo facility is allowed as a limited use, vehicle storage is prohibited.

Sec. 3.6.7. Utilities

A. Pipeline (Above ground)
1. Defined
Above ground pipeline is an above ground conduit for the distribution of water or gas.

2. Use Standards
Where an above ground pipeline is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: a. The proposed pipeline is necessary for public convenience and service. b. The proposed pipeline will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties.

b. Pipeline (below ground)

1. Defined
Below ground pipeline is an underground conduit for the distribution of water or gas.

c. Public Utility building or Structure

1. Defined
Public utility building or structure is a utility building and structure other than transmission lines or pipelines. Includes buildings or structures for the occupancy, use, support or housing of switching equipment, regulators, stationary transformers, and other such devices for supplying electric service.

c. Taxi/limo Facility
1. Defined
Taxi or limo facility is a facility for the dispatch or storage of taxis, limousines, or other vehicles for hire.

2. Use Standards
a. Where a public utility building or structure is allowed as a limited use, if it is abutting or confronting a property zoned Agricultural, Rural Residen-

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tial, or Residential Detached that is vacant or improved with an agricultural or residential use, ia site plan must be filed under Sec. 8.3.4. b. Where a public utility building or structure is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan, and the following standards: i. The proposed building or structure at the location selected is necessary for public convenience and service.

F. Transmission line (below ground)

1. Defined
Below ground transmission line is underground electric distribution lines, cable lines, or telephone lines.

Sec. 3.6.8. Warehouse

A. Freight movement
1. Defined
Freight movement is facilities involved in the movement of goods or equipment, including temporary storage. Goods and equipment must be delivered to other facilities or the final consumer; on-site sales activity is prohibited.

ii. The proposed building or structure at the location selected will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties. iii. A public utility building or structure allowed in any Rural Residential or Residential zone, must, whenever practicable, have the exterior appearance of a residential building and must have suitable landscaping, screen planting and fencing, wherever deemed necessary by the Board of Appeals. iv. The Board of Appeals may waive the height limits of the applicable zone where, in the opinion of the Board of Appeals, adjacent residential uses will not be adversely affected by the increased height.

b. mineral Storage
1. Defined
Mineral storage is a site for the off-loading, transfer, or storage or sand, gravel, or rocks.

2. Use Standards
Where mineral storage is allowed as a limited use, it must be set back at least 750 feet from the nearest property in a Residential zone.

D. renewable energy generation

1. Defined
[Editor's Note: still to be added]

c. Self-Storage
1. Defined
Self-storage is facilities providing separate storage areas for personal or business use designed to allow private access by the tenant.

e. Transmission line (Above ground)

1. Defined
Above ground transmission line is an above ground electric distribution line (under 69,000 volts), cable line, or telephone line.

2. Use Standards
Where a self-storage facility is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

2. Use Standards
Where an above ground transmission line is allowed as a limited use, only electric distribution lines are allowed.

D. Storage Facility
1. Defined
Storage facility is a facility for the short- or long-term storage of goods or equipment, not including self-storage (See Sec. 3.6.8.C, Self Storage).

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2. Use Standards
Where a storage facility is allowed as a limited use, outdoor storage is prohibited.

2. Use Standards
Where a landfill is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

Sec. 3.6.9. Waste-related

A. Hazardous material Storage
1. Defined
Hazardous material storage is the storage of materials that the US Environmental Protection Agency (EPA) has determined are hazardous. Includes materials on the F-list (wastes from common manufacturing processes), K-list (wastes from specific industries), and P- and U-lists (wastes from commercial chemical products) as well as characteristic wastes that do are not included on any of the listings above, but that generally exhibit ignitability, corrosivity, reactivity, or toxicity.

D. recycling collection and Processing

1. Defined
Recycling collection and processing is any land or building used for the collection and recovery of paper, metals, plastic, glass, lumber, presorted construction or demolition debris, or other marketable scrap where the materials are separated, collected, processed, or marketed in the form of raw materials or products and result in less than 10% non-marketable waste by volume. Inventory stored on-site must be turned over at least once every 3 months. Does not include a transfer station (See Sec.3.6.9.F, Transfer Station).

2. Use Standards
Where hazardous material storage is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

e. Transfer Station
1. Defined
Transfer station is a facility that receives solid or liquid wastes from others for transfer to another location according to the State of Maryland requirements for transfer stations.

b. incinerator
1. Defined
Incinerator is a facility intended to reduce waste to ash through combustion. May produce energy or heat for re-use. Includes medical incinerator.

2. Use Standards
Where a transfer station is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

2. Use Standards
Where an incinerator is allowed as a conditional use, it may be permitted by the Board of Appeals subject to Sec. 8.3.1, Conditional Use Plan.

c. landfill
1. Defined
Landfill is a facility that collects waste and disposes of it according to State of Maryland requirements for landfills. Includes municipal landfills, land clearing debris landfills, rubble landfills, and industrial waste landfills.

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Div. 3.7. miscellaneous Uses

Sec. 3.7.1. Accessory buildings, Structures, and Uses
A. Defined
Accessory buildings, structures, and uses are permitted in connection with any lawfully established principal use unless otherwise expressly listed in the Use Table (see Sec. 3.1.7, Use Table).

b. Use Standards
Where accessory uses, buildings and structures are allowed as limited uses, they are subject to the following standards: 1. In Agricultural and Rural Residential zones, the maximum footprint of an accessory building on a lot where the main building is a detached house is 50% of the footprint of the main building. Buildings accessory to an agricultural use are exempt from this size restriction. 2. In Residential Detached zones, the maximum footprint of an accessory building on a lot where the main building is a detached house is 50% of the footprint of the main building or 600 square feet, whichever is greater. Buildings accessory to an agricultural use are exempt from this size restriction.

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Article 59-4. Euclidean Zoning District Regulations

Div. 4.1. RulES foR All ZonES
Sec. 4.1.1. Development Options ............................................................. 4 3 Sec. 4.1.2. Building Type Descriptions .................................................... 4 4 Sec. 4.1.3. Building Types Allowed by Zone ............................................ 4 5 Sec. 4.1.4. Measurement and Exceptions ............................................... 4 6 Sec. 4.1.5. Residential Infill Compatibility ........................................... 4 12

Div. 4.4. RESiDEntiAl ZonES

Sec. 4.4.1. Methods of Development .................................................... 4 25 Sec. 4.4.2. General Requirements ......................................................... 4 25 Sec. 4.4.3. Detached House (1 of 2)........................................................ 4 26 Sec. 4.4.4. Detached House (2 of 2) ....................................................... 4 28 Sec. 4.4.5. Duplex (1 of 2) ....................................................................... 4 30 Sec. 4.4.6. Duplex (2 of 2) ...................................................................... 4 32 Sec. 4.4.7. Townhouse ............................................................................ 4 34 Sec. 4.4.8. Apartment/Condo................................................................. 4 36 Sec. 4.4.9. General Building .................................................................. 4 38

Div. 4.2. AgRicultuRAl ZonE

Sec. 4.2.1. Methods of Development .................................................... 4 14 Sec. 4.2.2. General Requirements ......................................................... 4 14 Sec. 4.2.3. Special Regulations for Child Lots .................................... 4 14 Sec. 4.2.4. Detached House ................................................................... 4 16 Sec. 4.2.5. General Building .................................................................. 4 18

Div. 4.5. commERciAl/RESiDEntiAl ZonES

Sec. 4.5.1. Density and Height Allocation ............................................ 4 40 Sec. 4.5.2. Methods of Development .................................................... 4 40 Sec. 4.5.3. General Requirements ......................................................... 4 40 Sec. 4.5.4. CRN, CRT, CR .......................................................................... 4 42

Div. 4.3. RuRAl RESiDEntiAl ZonES

Sec. 4.3.1. Methods of Development .................................................... 4 19 Sec. 4.3.2. General Requirements ......................................................... 4 19 Sec. 4.3.3. Detached House .................................................................... 4 20 Sec. 4.3.4. Townhouse ............................................................................ 4 22 Sec. 4.3.5. General Building .................................................................. 4 24

Div. 4.6. EmploymEnt ZonES

Sec. 4.6.1. Density and Height Allocation............................................ 4 46 Sec. 4.6.2. Methods of Development .................................................... 4 46 Sec. 4.6.3. General Requirements ......................................................... 4 46 Sec. 4.6.4. EG and EOF ........................................................................... 4 48 Sec. 4.6.5. ELS ......................................................................................... 4 52

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Div. 4.7. inDuStRiAl ZonES

Sec. 4.7.1. Methods of Development..................................................... 4 56 Sec. 4.7.2. General Requirements ......................................................... 4 56 Sec. 4.7.3. IL and IH ................................................................................. 4 56

Div. 4.8. ovERlAy ZonES

Sec. 4.8.1. In General .............................................................................4 57 Sec. 4.8.2. Neighborhood Protection (NP) Overlay Zone ....................4 57 Sec. 4.8.3. Special Protection Area (SPA) Overlay Zone ...................... 4 58 Sec. 4.8.4. Transferable Development Rights (TDR) Overlay Zone .... 4 60

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Div. 4.1. Rules for All Zones

Sec. 4.1.1. Development options
The following types of development options are allowed.

A. Standard method (see Div. 4.2 - Div. 4.8)

The standard method of development provides the basic framework for development. Development of more than 20 residential units must provide a minimum 12.5% Moderately Priced Dwelling Units (MPDU) under Chapter 25A. A project providing more than 12.5% MPDUs or a project with less than 20 units that provides 12.5% MPDUs is an optional method of development.

B. optional method (see Div. 6.1 - Div. 6.6)

The optional methods of development contain alternative regulations for the zones in which the method is allowed. The following zones provide an optional method of development: RNC, RE-2C, RE-1, R-200, R-90, R-60, R-40, TLD, TMD, THD, R-30, R-20, R-10, CRT, CR, ELS, and EOF.

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Sec. 4.1.2. Building type Descriptions

Building types are established to regulate the form applicable to development within each zone. The building type does not determine uses allowed within the structure. All graphic depictions of building types are for illustrative purposes only and are not meant to limit or exclude other designs.

100%

Setback

Min % Build-To

Buildable Area

Setback

A. Detached House
A building containing one dwelling unit located on a single lot.

B. Duplex
Setback Min % Build-To

100%

c. townhouse
40 30 20 15 10 5 5 10 20 30 40

D. Apartment/condo
A building containing 3 or more dwelling units vertically and horizontally integrated.
10 5 20 30 40

A building containing 2 dwelling units.

Buildable Area

Setback

A building containing 3 or more dwelling

5 10 15 20 30 40

units where each dwelling unit is separated vertically by a party wall. Units may be on individual lots, or the entire building (or project) may be on a single lot.

E. multi use Building

A building containing ground floor commercial uses with upper-story residential or office uses.

f. general Building
A building typically containing nonresidential uses including office, employment, industrial, civic, institutional, or public uses.

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Sec. 4.1.3. Building types Allowed by Zone

Building types are allowed by zone as follows:

100%

Setback

Min % Build-To

Buildable Area

Setback

Detached House Agricultural Zone Rural Density Transfer (RDT) Rural Residential Zones Rural (R) Rural Cluster (RC) Rural Neighborhood Cluster (RNC) Residential Detached Zones Residential Estate - 2 (RE-2) Residential Estate - 2C (RE-2C) Residential Estate - 1 (RE-1) Residential - 200 (R-200) Residential - 90 (R-90) Residential - 60 (R-60) Residential - 40 (R-40) Residential townhouse Zones Townhouse Low Density (TLD) Townhouse Medium Density (TMD) Townhouse High Density (THD) Residential multi-unit Zones Residential Multi-Unit Low Density 30 (R-30) Residential Multi-Unit Medium Density 20 (R-20) Residential Multi-Unit High Density 10 (R-10) commercial/Residential Zones CR Neighborhood (CRN) CR Town (CRT) CR (CR) Employment Zones Employment General Retail (EGR) Employment Neighborhood Retail (ENR) Employment Life Science (ELS) Employment Office (EOF) industrial Zones Light Industrial (IL) Heavy Industrial (IH) overlay Zone Transferable Development Rights (TDR)
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100%

5 5 10 20 30 40 10 5

Duplex
---MPDU -MPDU MPDU MPDU MPDU, CD MPDU, CD A A A A A A A

townhouse
---A -MPDU MPDU MPDU MPDU, CD MPDU, CD MPDU A A A A A A

A A A A A A A A A A A A A A A A A

Setback

Min % Build-To

Buildable Area

Setback

Apartment/ condo
--------------A A A

multi use Building

------------------

general Building
A A A A A A A A A A A A A A A A A

A A A --A --TDR
--

A A A A A A A -TDR
--

A A A A A A A A -A

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KEy:

A = Allowed to accommodate permitted, limited, and conditional uses -- = Not allowed CD = Allowed as part of an Optional Method Cluster Development MPDU = Allowed as part of an Optional Method MPDU Development TDR = Allowed as part of Optional Method TDR Development

Sec. 4.1.4. measurement and Exceptions

The rules in Sec. 4.1.4 apply to all zones unless expressly stated otherwise.

A. Site
1. Defined
A site is any tract of land or contiguous tract of land owned or functionally controlled by the same person or entity, assembled for the purpose of development.

Site Area

B. lot & Density

1. Defined
A lot is a tract of land identified on a subdivision plat that is recorded in the land records. A lot may include buildings, accessory buildings and any associated open spaces.
Property Line Chord Lot Area Lot Width at Front Setback Line Lot Width at Front Property Line
Lot Area Lot Width at Front Setback Line Lot Width at Front Property Line

Setbacks Street

2. lot Area
The lot area is the area within the rear, side, and front property lines. Does not include existing or proposed public rights-of-way.

Lot Width at Front Building Line

3. lot Width a. At the front property line

Lot width at the front property line is measured between the side property lines at the front property line along a straight line. Where the front property line is curved, lot width at the front property line is measured along the chord of the lot line.

4. Density a. units per Acre

In the Agricultural, Rural Residential, and Residential zones the maximum permitted density is measured by the number of dwelling units allowed per net lot area, gross tract area, or useable area.

b. At the front Setback line

Lot width at the front setback line is measured between the side property lines at the front setback line along a straight line.

c. At the front Building line

Lot width at the front building line is measured between the side property lines at the front edge of the building, along a straight line.

b. floor Area Ratio (fAR)

In the Commercial/Residential, Employment, and Industrial zones, the maximum permitted density is measured as FAR.

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c. placement
1. Building Setbacks a. Defined
There are front, side street, side interior, and rear setbacks. Through lots have 2 front setbacks. A lot abutting an alley is not a through lot.

b. measurement of Setbacks
i. A corner lot has 2 front setbacks except where the adjoining lot on one of the streets either does not front on that street or is in a nonResidential zone, then the side street setback applies to both the principal building and the accessory structure.

b. measurement of Setbacks
i. ii. The front setback is measured from the front property line. The side street setback is measured from the side street property line.

c. Addressing
In determining the address, the following conditions must be considered: i. ii. the street with the highest street classification; the established orientation of the block;

iii. The side interior setback is measured from the side interior property line. iv. The rear setback is measured from the rear property line. v. Where a setback is represented as one of two numbers separated by "or" (such as 4' or 20'), this represents a build-to line (first number mentioned), or a minimum (second number mentioned).
Property Line Rear

iii. the street abutting the longest face of the lot; and iv. the street parallel to an alley within the block.

3. Build-to Zone a. Defined

i. ii. The build-to zone is the area on the lot where a certain percentage of the front building facade must be located. With the exception of parking areas, all structures and uses customarily allowed on the lot are permitted in the build-to zone.

Property Line

Right of Way

Side Interior

Buildable Area

Side Street

b. measurement of Build-to line

The build-to-zone is measured as a minimum and maximum setback range from the edge of the property line.

Front

4. parking Setbacks a. Defined

i. There are front, side street, side interior and rear parking setbacks. Through lots have 2 front parking setbacks. A lot abutting an alley is not a through lot. Parking setbacks apply to on-site surface parking. Structured parking must comply with building setbacks.

Right of Way Front Street

2. corner lots a. Defined

A corner lot is a lot abutting 2 or more streets at their intersection where the interior angle of the intersection does not exceed 135 degrees. ii.

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b. measurement of parking Setbacks

i. ii. The front and side street parking setback is measured from the edge of the property line. The side interior parking setback is measured from the side property line.

iii. Unenclosed balconies may extend a maximum of 6 feet into a required setback, if such extension is a minimum of 2 feet from the vertical plane of any lot line. iv. Sills, leaders, belt courses, and similar ornamental features may project a maximum of 6 inches into any front, side street, side interior, or rear setback. Where a wall is located on a property line, such projections may extend across a property line in accordance with provisions in Section 50-20 of the subdivision regulations concerning limitations on issuance of building permits. v. Chimneys or flues as part of a detached house, duplex, or townhouse may project a maximum of 2 feet into any front, side street, side interior or rear setback.

iii. The rear parking setback is measured from the rear property line or the edge of the right-of-way if there is an alley.

5. Building coverage a. Defined

i. Building coverage is the area of a lot or site that is covered by building footprints, including accessory buildings, structured parking, or other roofed structures such as porches, patios, decks, and steps. Building coverage does not include paved areas such as driveways, pedestrian walkways, bay windows, uncovered porches or patios, decks, swimming pools, or roof overhangs.

ii.

vi. Chimneys or flues as part of an apartment/condo, multi use, or general building may project a maximum of 4 feet into any front, side street, side interior or rear setback, if such extension remains a minimum of 2 feet from the vertical plane of any lot line. vii. Building eaves, cornices, and light shelves may project a maximum of 2 feet into any front, side street, side interior, or rear setback, if such extension remains a minimum of 2 feet from the vertical plane of any lot line. Where a wall is located on a property line, such projections may extend across a property line in accordance with provisions contained in Section 50-20 of the subdivision regulations concerning limitations on issuance of building permits. viii. Bay windows, oriels, entrances, vestibules, or balconies, 10 feet in width or less, may project a maximum of 3 feet into any front, side street, side interior, or rear setback. ix. Unenclosed fire escapes and outside stairways may project a maximum of 5 feet into any side street, side interior, or rear setback.

6. Setback Encroachments
All buildings and structures must be located at or behind the required building setbacks lines, except as listed in Sec. 4.1.4.C.5.a to Sec. 4.1.4.C.5.c.

a. Building features
i. Unenclosed porches, decks, terraces, steps, and stoops, may project a maximum of 3 feet into any side street or side interior setback and may project a maximum of 9 feet into any front or rear setback. This includes unenclosed roofed porches and terraces. Roofed and unenclosed steps and stoops may project a maximum of 3 feet into any side street or side interior setback and may project a maximum of 9 feet into any front or rear setback. Any roof covering unenclosed steps and stoops may project a maximum of 3 feet into any setback.

ii.

b. mechanical Equipment and utility lines

i. Mechanical equipment associated with residential uses, such as HVAC units and security lighting may project a maximum of 5 feet into any rear setback.

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ii.

Permanent rainwater collection or harvesting systems may project a maximum of 3 feet into any side street, side interior, or rear setback.

2. Building Height in commercial/Residential, Employment, and industrial Zones

a. Building height is measured from grade to the highest point of the roof, excluding structures allowed under Sec. 4.1.4.D.4.
Highest Point of the Roof Highest Point of the Roof

c. other Encroachments
i. ii. Fences and walls under Sec. 7.5.3.B.5. Handicap facilities to the extent necessary to meet the minimum standards of the Americans with Disabilities Act.

iii. Signs under Div. 7.6.

Height

D. Height
1. Building Height in Agricultural, Rural Residential, and Residential Zones
a. Building height is measured from the average grade to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof.
Pitched Roof
Top of Roof Top of Roof
Grade Average Eleva on to Top of Curb

Pitched Roof

Height

Flat Roof

b. Grade is measured as the average elevation of the top of the curb adjacent to the front of the building. In a lot with more than one frontage, grade is measured as the average elevation of the curb along each frontage.

Height

3. Height Encroachments
Any height encroachment not specifically listed is prohibited. a. The following roof structures can occupy a maximum of 25% of the roof area: spires, belfries, cupolas, domes not intended for human occupancy, chimneys, flue or vent stacks, flagpoles, monuments, water tanks, television antennae or aerials, air conditioning units, or similar structures or mechanical appurtenances. A larger area may be approved by the Planning Board under optional method development in the Commercial/ Residential and Employment zones b. The maximum heights do not apply to roof structures listed in Sec. 4.1.4.D.3.a (above), except in the TLD, TMD, THD, and R-30 zones, air conditioning units or similar structures or mechanical appurtenances may exceed the established height limit by a maximum of 8 feet.
Average of Highest and Lowest Eleva ons

Average Grade

b. Average grade is calculated using the average of the highest and lowest elevation along pre-development or finished level of ground (whichever is more restrictive) along the front of the building parallel to the front setback line.

Height

Highest Eleva on Lowest Eleva on

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c. The following may exceed the established height limits, except when located within an airport approach area, if they do not exceed the maximum height limit by more than 8 feet: i. ii. Rooftop deck, patio, shade structure; Rooftop garden, landscaping;

2. Blank Wall
a. Blank wall is the area of the exterior facade of the building that does not include a substantial material change (paint color is not considered a substantial change); windows or doors; or columns, pilasters, or other articulation greater than 8 inches in depth. b. Blank wall applies in both a vertical and horizontal direction. c. Blank wall applies only to street facing facades.

iii. Parapet wall; iv. Rooftop rainwater collection or harvesting systems; and v. Rooftop renewable energy systems, such as solar panels or wind turbines.

d. An accessory structure located on the roof must not be used for any purpose other than a use incidental to the principal use of the building. e. The maximum heights do not apply to agricultural buildings in the RDT, R, RC, and RNC zones.
Blank Wall

Blank Wall

E. form
The building form requirements are intended to enhance the pedestrian area along building frontages.

1. transparency
a. The minimum percentage of windows and doors that must cover a ground story facade is measured based on facade wall area between 0 and 12 feet above the adjacent sidewalk. b. The minimum percentage of windows and doors that must cover an upper story facade is measured based on facade wall area from the top of the finished floor to the top of the finished floor above. When there is no floor above it is measured from the top of the finished floor to the top of the wall plate.
Wall Plate Upper Story Transparency

3. Building Elements a. porch

A porch is a raised structure attached to a building, forming a covered entrance to a doorway. A porch is roofed and can be enclosed or unenclosed.

b. Stoop
A stoop is a small raised platform that serves as an entrance to a building. A stoop may be covered but cannot be fully enclosed.

c. Balcony
A balcony is a platform projecting from the wall of a building with a railing along its outer edge, often with access from a door or window. A balcony may be covered but cannot be fully enclosed.

Finished Floor

Ground Story Transparency

Finished Floor 12

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d. gallery
A gallery is a covered passage extending along the outside wall of a building supported by arches or columns that is open on one side. A gallery must have a minimum height of 10 feet above the sidewalk. A gallery is contiguous and must extend over a minimum of 50% of the width of the building facade from which it projects.

e. Awning
A awning is a wall-mounted, cantilevered structure providing shade and cover from the weather over a sidewalk. An awning must have a minimum height of 10 feet above the sidewalk.

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Sec. 4.1.5. Residential infill compatibility

A. Applicability
The standards outlined in Sec. 4.1.5.B through Sec. 4.1.5.C apply to the R-200, R-90, R-60, and R-40 zones where: 1. the lot was created: a. by a plat recorded before January 1, 1978; or b. by a plat of resubdivision that created fewer than 6 lots from a lot previously created by a plat recorded before January 1, 1978; 2. the lot is less than 25,000 square feet in area; and 3. the construction proposed is: a. a new detached house; b. the demolition and reconstruction of more than 50% of the floor area of an existing detached house; or c. the addition of more than 50% of the floor area of the detached house.

3. The established building line is the minimum front setback for the zone, unless there are at least 2 buildings as described in Sec. 4.1.5.B.2 and more than 50 percent of the buildings described in Sec. 4.1.5.B.2 are set back greater than the minimum, in which case the average front setback of all the buildings described in Sec. 4.1.5.B.2, excluding those buildings: a. in the R-200 zone that are or were ever served by well or septic; b. on the subject property; c. in a different zone than the subject property; d. on a through lot that fronts on a street different than the subject property; e. located on any pipestem, wedge-shaped, or flag-shaped lot; or f. approved by permit for demolition, except if a building permit was also approved with the same setback, is the established building line, unless the applicant chooses to calculate the front setback as the average front setback of the two adjoining lots or the applicant chooses to use the front setback of the existing detached house that was established before demolition, excluding any approved variance, if the existing building meets the minimum front setback of the zone. All calculations must be based on a survey that is signed and sealed by a licensed engineer or surveyor. Any building excluded from the established building line restriction must comply with the minimum front setback requirement of the zone. 4. Corner lots have two front setbacks and are subject to established building line standards on both streets. At the option of the applicant, a corner lot may use front setbacks of the adjoining buildings on both sides of the corner lot.

B. Established Building line

1. The established building line applies only to new buildings and does not apply to an alteration or addition to an existing building. 2. The 2 or more detached houses considered in determining the established building line must all be: a. within 300 feet of the side property line of the proposed construction site measured along the street frontage; b. along the same side of the street; c. between intersecting streets or to the point where public thoroughfare is denied; d. in existence or approved by a building permit when the building permit application on the subject property is filed; e. legally constructed; and f. not on a through lot if the building on the through lot fronts on a street other than the street fronting the subject property.

c. Building coverage
The maximum area that may be covered by any building, including any accessory building and any weatherproofed floor area above a porch, but not including any bay window, chimney, porch, or up to 240 square feet of a detached garage, if the garage is less than 350 square feet of floor area and less than 20 feet in height, must vary with the lot area as follows:

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Lot area less than 6,000 SF: Lot area equal to or greater than 6,000 SF but less than 16,000 SF: Lot area equal to or greater than 16,000 SF:

30% of lot area 30%, less .001% for every square foot of lot area exceeding 6,000 SF 20% of the lot area

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Div. 4.5. commercial/Residential Zones

Sec. 4.5.1. Density and Height Allocation
A. Density and Height limits
1. Density is calculated as an allowed floor area ratio (FAR). Each unique sequence of maximum total FAR, maximum nonresidential FAR (C), maximum residential FAR (R), and height (H) is established as a zone subject to the following limits:
Zone CRN CRT CR Total FAR (max) 0.25 to 1.5 0.5 to 4.0 0.5 to 8.0 c fAR (max) 0.00 to 1.5 0.25 to 3.5 0.25 to 7.5 R FAR (max) 0.00 to 1.5 0.25 to 3.5 0.25 to 7.5 Height (max) 25' to 65' 35' to 150' 35' to 300'

Sec. 4.5.2. methods of Development

The CRN zone allows development only under the standard method. The CRT and CR zones allow development under the standard method and may allow development under the optional method, subject to approval of a sketch plan (see Sec. 8.3.3).

A. Standard method
Standard method development is allowed under the following limitations and requirements. 1. In the CRN zone, the maximum total, nonresidential, and residential FARs and maximum height for any property is set by the zone shown on the zoning map. 2. In the CRT and CR zones, the maximum standard method height for any property is the height set by the zone shown on the zoning map; the maximum total standard method FAR for any property is the density set by the zone shown on the zoning map or the limit indicated in the following table, whichever is less:
Zone CRT CR total Density (max) The greater of 1.0 FAR or 10,000 SF of gross floor area The greater of 0.5 FAR or 10,000 SF of gross floor area

2. Zones are only established at densities in increments of 0.25 FAR and heights in increments of 5 feet up to the maximums indicated in Sec. 4.5.1.A.1.

B. fAR Averaging
Permitted FAR may be averaged over 2 or more directly abutting or confronting properties in one or more Commercial/Residential zones, if: 1. the properties are subject to the same site plan or sketch plan; however, if a sketch plan is required, density averaging must be shown on the sketch plan; 2. the resulting properties are created by the same preliminary subdivision plan or satisfy a phasing plan established by an approved sketch plan; 3. the maximum total, nonresidential, and residential FAR limits apply to the entire development, not to individual properties; 4. a building cannot exceed the maximum height set by the zone; 5. uses are subject to the provisions of the zone category; 6. the total allowed maximum density on a resulting property that is adjacent to 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 propertys zone; and 7. public benefits must be provided under the phasing element of an approved sketch plan. 4 40
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B. optional method
Optional method development is allowed under Div. 6.4.

Sec. 4.5.3. general Requirements

Development in all Commercial/Residential zones must comply with the requirements of Sec. 4.5.3.A to Sec. 4.5.3.D.

A. master plan and Design guidelines

1. Development that requires a site plan must be consistent with the applicable master or sector plan. 2. Development that requires a site plan must address any design guidelines

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approved by the Planning Board that implement the applicable master or sector plan.

B. neighborhood compatibility
Where a property: 1. abuts an Agricultural, Rural Residential, or Residential Detached zoned property that is vacant or improved with an agricultural or residential use under Sec. 3.1.7; and proposes a building height greater than the height allowed in the applicable abutting zone, any building: a. must have a setback at least equal to the setback required by the abutting zone or the buffer width required for the applicable building type under Sec. 7.5.7, whichever is greater; and b. must not project beyond a 45 degree angular plane projecting over the subject property measured from a height equal to the height allowed in the abutting zone at the setback line determined above, with the exception of those features exempt from height and setback restrictions under Sec. 4.1.4., or 2. confronts an Agricultural, Rural Residential, or Residential Detached zoned property that is vacant or improved with an agricultural or residential use under Sec. 3.1.7 across a right-of-way recommended for less than 70 feet; and proposes a building height over the height allowed in the applicable confronting zone, any building: a. must not project beyond a 45 degree angular plane projecting over the subject property measured from a height equal to the height allowed in the confronting zone at the required front setback, with the exception of those features exempt from height and setback restrictions under Sec. 4.1.4.

Abutting

45 de

gre

He ig allo ht = H ab wed eigh u in t zon ng e

Confronting

Pr Re op s. ert or y A Lin g. e Zo ne

tof -W

= d k ire ac qu ne tb re zo Se ck ng a tb u Se ab

45 de

gre

He ig allo ht = H conwed eigh in t zonfron ng e

y = b k ed s ac ir ty tb qu er Se re rop k p ac t ne tb jec zo Se ub s

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Sec. 4.5.4. cRn, cRt, and cR Zones, Standard method Development Standards
A. Site
Detached House Duplex Side Duplex over townhouse Apartment multi use /condo general

open Space (min) Open space, site A3 n/a n/a n/a 20% 0% 0% 0% 10,000 SF Open space, site A3 n/a n/a n/a 20% 10% 10% 10% >10,000 SF Specifications for all open Space In a development with townhouse, apartment/condo, multi use, or general building types, open 1 space is calculated on the net site area minus any area used for detached house and duplex unit lots. Open space for the townhouse building type is common outdoor area and for other building types 2 is public use space, under Div. 7.3.

lot (min) B1 Net lot area Lot width at B2 front building line Lot width at B3 front property line Density (max) B4 CRN Density, FAR
B4 CRT Density, FAR B4 CR Density, FAR B5 Lot

B. lot & Density

1,000 SF 25' 10' 1,000 SF 25' 10' 500 SF 12.5' 10' 800 SF 12' n/a mapped mapped FAR or the greater of 10,000 SF or 1.0 FAR, whichever is less mapped FAR or the greater of 10,000 SF or 0.5 FAR, whichever is less 90% 90% 90% 90% n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a

coverage (max)

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c. placement
C1 C2

Detached House

Duplex Side 5' 5'

Duplex over 5' 5'

townhouse 5' 5'

Apartment multi use /condo 0' 0' 0' 0'

general

principal Building Setbacks (min) Front setback 5' Side street setback Side interior setback, abutting Agricultural, Rural, or Residential Detached zones Side interior setback, abutting all other zones Side interior setback, end unit Rear setback, abutting Agricultural, Rural, or Residential Detached zones Rear setback, abutting all other zones Rear setback, alley Rear/Side setback between lot and site boundary 5'

0' 0'

see Sec. 4.5.3.B.

C3 C3

4' n/a

n/a 4'

0' n/a

15'

10'

see Sec. 4.5.3.B.

C4 C4

15' 4' or 20' n/a

10' 4' or 20' see Sec. 4.5.3.B.

0' 4' n/a

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Detached Duplex House Side Accessory Structure Setbacks (min) Front setback, C6 behind front 5' 5' building line Side street C7 15' 15' setback Side interior C8 4' 4' setback

c. placement

Duplex over 5' 15' 4' 4'

townhouse 5' 15' 4' 4' 4' or 20' n/a n/a n/a n/a n/a 15' 70% n/a n/a

Apartment multi use /condo 0' 0' 0' 0'

general

0' 0'

C9 C9

Rear setback

equal to Principal Building Setback equal to Principal Building Setback 4' 4' 4'

Rear setback, 4' or 20' 4' or 20' 4' or 20' alley parking Setbacks for Surface parking lots (min)
C10 C11

Front setback

n/a n/a n/a n/a

must be behind front building line must be behind front building line must accommodate landscaping required under Sec. 7.5.6 must accommodate landscaping required under Sec. 7.5.6 0' 30' 70% 30' 35% 0' 15' 70% 15' 35% 0' 20' 70% 20' 35%

Side street setback Side interior C12 setback

C13 C13

Rear setback

Rear setback, n/a n/a n/a alley Build-to-Zone (BtZ, max setback & min % of lot width) C14 Front setback n/a n/a n/a Building in front street BTZ Side street C16 setback Building in side C17 street BTZ
C15

n/a n/a n/a

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D. Height
D1 Principal building D2

Detached House

Duplex Side

Duplex over

townhouse

Apartment /condo mapped and Sec. 4.5.3.B

multi use mapped and Sec. 4.5.3.B

general

mapped and Sec. 4.5.3.B 25' 25' 25' 25' mapped and Sec. 4.5.3.B

Accessory structure

massing Units permitted E1 n/a n/a n/a in one row (max) Building orientation Entrance facing E2 street or open required required required space Entrance spacing E3 n/a n/a n/a (max) transparency, for Walls facing a Street or open Space Ground story, E4 n/a n/a n/a front (min) Ground story, n/a side/rear (min) Upper story E6 n/a (min) Blank wall, front E7 n/a (max) Blank wall, side/ E8 n/a rear (max) Allowed Building Elements E9 Gallery/Awning n/a
E5 E10 Porch/Stoop E11 Balcony

E. form

n/a

required n/a n/a n/a n/a 35' 35' n/a yes yes

required 100' 20% 20% 20% 35' 35' yes yes yes

required 75' 60% 30% 20% 25' 35' yes yes yes

required 100' 40% 25% 20% 35' 35' yes yes yes

n/a n/a n/a n/a n/a yes yes

yes yes

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Div. 4.6. Employment Zones

Sec. 4.6.1. Density and Height Allocation
A. Density and Height limits
1. Density is calculated as an allowed floor area ratio (FAR). Each unique sequence of maximum total FAR and height (H) is established as a zone subject to the following limits:
Zone EGR ENR ELS EOF Total FAR (max) 0.5 to 2.5 0.25 to 1.5 0.5 to 2.5 0.5 to 4.0 Height (max) 25' to 85' 25' to 50' 35' to 200' 35' to 200'

7. public benefits must be provided under the phasing element of an approved sketch plan.

Sec. 4.6.2. methods of Development

The EGR and ENR zone allows development only under the standard method. The ELS and EOF zones allow development under the standard method and may allow development under the optional method, subject to approval of a sketch plan.

A. Standard method
Standard method development is allowed under the following limitations and requirements. 1. In the EGR and ENR zone, the maximum total FAR and maximum height for any property is set by the zone shown on the zoning map. 2. In the ELS and EOF zones, the maximum standard method height for any property is the height set by the zone shown on the zoning map; the maximum total standard method FAR for any property is the density set by the zone shown on the zoning map or the limit indicated in the following table, whichever is less:
Zone ELS EOF total Density (max) The greater of 0.5 FAR or 10,000 SF of gross floor area The greater of 1.0 FAR or 10,000 SF of gross floor area

2. Zones are only established at densities in increments of 0.25 FAR and heights in increments of 5 feet up to the maximums indicated in Sec. 4.6.1.A.1.

B. fAR Averaging
Permitted FAR may be averaged over 2 or more directly abutting or confronting properties in one or more Employment zones, if: 1. the properties are subject to the same site plan or sketch plan; however, if a sketch plan is required, density averaging must be shown on the sketch plan; 2. the resulting properties are created by the same preliminary subdivision plan or satisfy a phasing plan established by an approved sketch plan; 3. the maximum total, nonresidential, and residential FAR limits apply to the entire development, not to individual properties; 4. a building cannot exceed the maximum height set by the zone; 5. uses are subject to the provisions of the zone category; 6. the total allowed maximum density on a resulting property that is adjacent to 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 propertys zone; and

B. optional method
Optional method development is allowed under Div 6.5.

Sec. 4.6.3. general Requirements

Development in all Employment zones must comply with the requirements of Sec. 4.6.3.A to Sec. 4.6.3.D.

A. master plan and Design guidelines

1. Development that requires a site plan must be consistent with the applicable master or sector plan. 2. Development that requires a site plan must address any design guidelines approved by the Planning Board that implement the applicable master or sector plan.

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He ig allo ht = H ab wed eigh u in t zon ng e

Confronting

Pr Re op s. ert or y A Lin g. e Zo ne

s. o

tof

-W ay

= d k ire ac qu ne tb re zo Se ck ng a tb u Se ab

45 de

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He ig allo ht = H conwed eigh in t zonfron ng e

y = b k ed s ac ir ty tb qu er Se re rop k p ac t ne tb jec zo Se ub s

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Sec. 4.6.4. EgR, EnR and Eof Zones, Standard method Development Standards
A. Site
A3

townhouse

Apartment / condo

multi use

general

open Space (min) Open space, 20% 0% 0% 0% site 10,000 SF Open space, A3 20% 10% 10% 10% site >10,000 SF Specifications for all open Space Open space for the townhouse building type is common outdoor area and for other 1 building types is public use space, under Div. 7.3.
B2

A y lle

A 3

B1 B5

B. lot & Density

Lot width at front building B2 line Density (max) B4 EGR and ENR Density, FAR
B4 EOF Density, FAR B5 Lot

12'

n/a mapped

n/a

mapped FAR or the greater of 1.0 FAR or 10,000 SF, whichever is less

90% n/a n/a n/a Specification Gross floor area of all residential uses in an application must not exceed 30% of 1 maximum allowed FAR mapped on subject site.

coverage (max)

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St re et

lot (min) B1 Net lot area

tS on Fr

900 SF

n/a

re et

t ee tr

A y lle

A3
a s re g 2 A in C le ild s ab Bu re ild pal ctu Bu ci tru in S Pr &

on Fr tS t ee tr

Staff Draft

principal Building Setbacks (min) C1 Front setback 5'

c. placement
Side street setback

townhouse

Apartment / condo 0' 0'

multi use 0' 0'

general 0' 0'

C5 C5

C3 C3

C4 C4

Side interior setback, abutting Agricultural, Rural, or Residential Detached zones Side interior setback, abutting all other zones Side interior setback, end unit Rear setback, abutting Agricultural, Rural, or Residential Detached zones Rear setback, abutting all other zones Rear setback, alley

B Pr uil in da ci bl pa e l B Ar ui ea ld in g

A y lle

see Sec. 4.6.3.B

n/a 4'

0' n/a

A Bu cc il es da Pr il so bl da in ry e ci bl St Are pa e ru a l B Ar ct ui ea ur ld es in g Bu

C1 0 C3

10'

see Sec. 4.6.3.B

10' 4' or 20'

0' 4' n/a

Rear/Side see setback between C5 lot and site Sec. 4.6.3.B boundary Accessory Structure Setbacks (min) Front setback, C6 behind front 5' building line Side street C7 15' setback Side interior C8 4' setback C9 Rear setback 4' Rear setback, C9 4' or 20' alley

0' 0'

equal to Principal Building Setback equal to Principal Building Setback 4' 4' 4'

Si C2

St re et

C3
on Fr

tS t ee tr

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Side street setback Side interior C12 setback

C11 C13 C13

n/a n/a n/a

Rear setback, n/a 0' 0' 0' alley parking Setbacks for Surface parking lots (min) in Employment office (Eo) Zone C10 Front setback n/a must be behind front building line Side street setback Side interior C12 setback
C11 C13 C13

Rear setback

must accommodate landscaping required under Sec. 7.5.6 must accommodate landscaping required under Sec. 7.5.6 must accommodate landscaping required under Sec. 7.5.6

Apartment / multi use general condo parking Setbacks for Surface parking lots (min) in EgR and EnR Zones must accommodate landscaping required under C10 Front setback n/a Sec. 7.5.6

c. placement

townhouse

g in s rk ack 2 Pa tb C1 Se

y lle

C1 2

6 C1

0 C1 4
on Fr

n/a n/a

Rear setback

must accommodate landscaping required under Sec. 7.5.6 must accommodate landscaping required under Sec. 7.5.6 0' 15' 70% 15' 35% 0' 20' 70% 20' 35%

Rear setback, n/a 0' alley Build-to-Zone (BtZ, max setback & min % of lot width) C14 Front setback 15' 30' Building in front street BTZ Side street C16 setback Building in side C17 street BTZ
C15

70% n/a n/a

70% 30' 35%

C1 7 Si de

n/a

must be behind front building line

St re et

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5 C1

t ee tr

t on Fr et re St

y lle

Staff Draft

D. Height
D1 Principal building D2 Accessory structure

townhouse

Apartment / condo

multi use

general

25'

mapped and Sec. 4.6.3.B mapped and mapped and Sec. 4.6.3.B Sec. 4.6.3.B

mapped and Sec. 4.6.3.B

A y lle

massing Units permitted in E1 12 n/a one row (max) Building orientation Entrance facing E2 street or open required required space Entrance spacing E3 n/a 100' (max) transparency, for Walls facing a Street or open Space Ground story, front E4 n/a 20% (min)
E5

E. form

n/a

required 75' 60% 30% 20% 25' 35' yes yes yes

required

40% 25% 20% 35'

A y lle

Ground story, side/ rear (min)

n/a n/a 35' 35' n/a yes yes

20% 20% 35' 35' yes yes yes

E6 Upper story (min)

Blank wall, front (max) Blank wall, side/rear E8 (max) Allowed Building Elements E9 Gallery/Awning
E7 E10 Porch/Stoop E11 Balcony

35' yes yes yes

E6 E4 E7 E7 E6 E5

St re et

100'

on Fr tS t ee tr

D1/ D2

t on Fr et re St

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Sec. 4.6.5. ElS Zone, Standard method Development Standards

A. Site
Detached House Duplex Side Duplex over townhouse Apartment multi use /condo general

lot (min) B1 Net lot area 1,000 SF 1,000 SF 500 SF 900 SF n/a n/a n/a Lot width at B2 front building 25' 25' 12.5' 12' n/a n/a n/a line Lot width at B3 front property 10' 10' 10' n/a n/a n/a n/a line Density (max) B4 ELS Density, FAR mapped coverage (max) B5 Lot 90% 90% 90% 90% n/a n/a n/a Specification Gross floor area of all residential uses in an application must not exceed 30% of maximum allowed 1 FAR mapped on subject site.

B. lot & Density

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c. placement

Detached House

Duplex Side 5' 5'

Duplex over 5' 5'

townhouse 5' 5'

Apartment multi use /condo 0' 0' 0' 0'

general

principal Building Setbacks (min) C1 Front setback 5'

0' 0'

Side street setback Side interior setback, abutting Agricultural, Rural, or Residential Detached zones Side interior setback, abutting all other zones Side interior setback, end unit Rear setback, abutting Agricultural, Rural, or Residential Detached zones Rear setback, abutting all other zones Rear setback, alley Rear/Side setback between lot and site boundary

see Sec. 4.6.3.B.

C3 C3

4' n/a

n/a 4'

0' n/a

15'

10'

see Sec. 4.6.3.B.

C4 C4

15' 4' or 20' n/a

10' 4' or 20' see Sec. 4.6.3.B.

0' 4' n/a

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Detached Duplex House Side Accessory Structure Setbacks (min) Front setback, C6 behind front 5' 5' building line Side street C7 15' 15' setback Side interior C8 4' 4' setback

c. placement

Duplex over 5' 15' 4' 4'

townhouse 5' 15' 4' 4' 4' or 20' n/a n/a n/a n/a n/a 15' 70% n/a n/a

Apartment multi use /condo 0' 0' 0' 0'

general

0' 0'

C9 C9

Rear setback

equal to Principal Building Setback equal to Principal Building Setback 4' 4' 4'

Rear setback, 4' or 20' 4' or 20' 4' or 20' alley parking Setbacks for Surface parking lots (min)
C10 C11

Front setback

n/a n/a n/a n/a

Side street setback Side interior C12 setback

C13 C13

Rear setback

Rear setback, n/a n/a n/a alley Build-to-Zone (BtZ, max setback & min % of lot width) C14 Front setback n/a n/a n/a Building in front C15 street BTZ Side street C16 setback Building in side C17 street BTZ n/a n/a n/a n/a n/a n/a n/a n/a n/a

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D. Height
D1 Principal building D2

Detached House

Duplex Side

Duplex over

townhouse

Apartment /condo mapped and Sec. 4.6.3.B

multi use mapped and Sec. 4.6.3.B

general

mapped and Sec. 4.6.3.B 25' 25' 25' 25' mapped and Sec. 4.6.3.B

Accessory structure

massing Units permitted E1 n/a n/a n/a in one row (max) Building orientation Entrance facing not not not E2 street or open required required required space Entrance spacing E3 n/a n/a n/a (max) transparency, for Walls facing a Street or open Space Ground story, E4 n/a n/a n/a front (min) Ground story, n/a side/rear (min) Upper story E6 n/a (min) Blank wall, front E7 n/a (max) Blank wall, side/ E8 n/a rear (max) Allowed Building Elements E9 Gallery/Awning n/a
E5 E10 Porch/Stoop E11 Balcony

E. form

n/a

required n/a n/a n/a n/a 35' 35' n/a yes yes

required 100' 20% n/a 20% 35' 35' yes yes yes

required 75' 60% 30% 20% 25' 35' yes yes yes

required 100' 40% 25% 20% 35' 35' yes yes yes

n/a n/a n/a n/a n/a yes yes

yes yes

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Article 59-6. Optional Method Regulations

DIV. 6.1. MPDU DEVELOPMENT IN RURAL RESIDENTIAL AND RESIDENTIAL ZONES
Sec. 6.1.1. General Requirements ....................................................6 - 2 Sec. 6.1.2. Development Standards .........................................................6 - 2 Sec. 6.1.3. General Site and Building Type Mix.........................................6 - 3 Sec. 6.1.4. Detached House .......................................................................6 - 4 Sec. 6.1.5. Duplex ......................................................................................6 - 5 Sec. 6.1.6. Townhouse ...............................................................................6 - 6 Sec. 6.1.7. Apartment/Condo ....................................................................6 - 7

DIV.6.6. OPTIONAL METhOD PUbLIC bENEfITS

Sec. 6.6.1 General Provisions ................................................................6 - 20 Sec. 6.6.2 Public Benefit Overview....................................................6 - 21 Sec.6.6.3. Public Benefit Descriptions and Criteria ..............................6 - 21

DIV. 6.2. CLUSTER DEVELOPMENT IN RURAL RESIDENTIAL AND RESIDENTIAL ZONES

Sec. 6.2.1. General Requirements ....................................................6 - 9 Sec. 6.2.2. Development Standards .........................................................6 - 9 Sec. 6.2.3. General Site, Building Type Mix and Height Standards.........6 - 10 Sec. 6.2.4. Detached House and Duplex ................................................6 - 11 Sec. 6.2.5. Townhouse .............................................................................6 - 12

DIV. 6.3. TRANSfERAbLE DEVELOPMENT RIghTS (TDR)

Sec. 6.3.1. Development Requirements...................................................6 - 13

DIV. 6.4. COMMERCIAL/RESIDENTIAL ZONES

Sec. 6.4.1. General Requirements .................................................6 - 16 Sec. 6.4.2. Development Standards .......................................................6 - 16

DIV. 6.5. EMPLOYMENT ZONES

Sec.6.5.1. General Requirements ...................................................6 - 18 Sec.6.5.2. Development Standards ........................................................6 - 18

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Div. 6.4. Commercial/Residential Zones

Sec. 6.4.1. general Requirements
A. Procedure for Approval
A sketch plan must be submitted under Sec. 8.3.3. A site plan must be submitted under Sec. 8.3.4. for any development on a property with an approved sketch plan.

f. general Regulations
The general regulations under Article 59-7 must be satisfied.

Sec. 6.4.2. Development Standards A. Open Space

1. Open space must be provided based on the lot size and number of frontages as described in the table below. The required open space must meet the criteria established under Div. 7.3. 2. In a development with townhouse, apartment/condo, multi use or general building types, open space is calculated on the net site area minus any area used for detached house and duplex unit lots. 3. Open space for the townhouse building type is common outdoor area and for other buildings is public use space under Div. 7.3.
Lot Size (net tract area) # of Existing, Proposed, and Master-Planned Right-of-Way frontages 1 0.50 acres 0.51 to 1.00 acres 1.01 to 3.00 acres 3.01 to 6.00 acres 6.01 acres 0% 0% 0% 5% 10% 2 0% 0% 5% 10% 10% 3 0% 5% 10% 10% 10% 4 or more 5% 10% 10% 10% 10% % of Site Required to be Dedicated for Open Space

b. Public benefit Points and Categories

Public benefits under Div. 6.6 must be provided as follows:
Zone Site Size < 10,000 SF of gross tract area OR with < 1.5 max FAR 10,000 SF of gross tract area OR with 1.5 max FAR < 10,000 SF of gross tract area OR with < 1.5 max FAR 10,000 SF of gross tract area OR with 1.5 max FAR Public benefit Points (min) 25 50 50 100 Number of benefit Categories (min) 2 3 3 4

CRT

C. Master Plan and Design guidelines

1. Development must be consistent with the applicable master or sector plan. 2. Development must comply with any design guidelines approved by the Planning Board that implement the applicable master or sector plan.

D. building Type
All building types allowed under Div. 4.5 are allowed in the CRT and CR zones under optional method development.

b. Lot and Density

1. Lot standards for detached House, duplex and townhouse building types are established by the site plan. 2. The maximum total, nonresidential, and residential FARS are established by the mapped zone.

E. Neighborhood Compatibility
Where a property abuts or confronts an Agricultural, Rural Residential, or Residential Detached zoned property that is vacant or improved with an agricultural or residential use, any building must comply with the setback and angular plane restrictions under Sec. 4.5.3.B.

C. Placement
Setbacks for principal buildings, accessory structures, and parking are established by the site plan.

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D. height
Height is established by the mapped zone.

E. form
Form standards are established by the site plan and must address, at least, transparency, blank walls, and active entrances.

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Div. 6.5. Employment Zones

Sec. 6.5.1. general Requirements
A. Procedure for Approval
A sketch plan must be submitted under Sec. 8.3.3. A site plan must be submitted under Sec. 8.3.4. for any development on a property with an approved sketch plan.

f. general Regulations
The general regulations under Article 59-7 must be satisfied.

Sec. 6.5.2. Development Standards

A. Open Space
1. Open space must be provided based on the lot size and number of frontages as described below. The required open space must meet the criteria established under Div. 7.3. 2. In a development with townhouse, apartment/condo, multi use or general building types, open space is calculated on the net site area minus any area used for detached house and duplex unit lots. 3. Open space for the townhouse building type is common outdoor area and for other buildings is public use space under Div. 7.3.
Lot Size (net tract area) # of Existing, Proposed, and Master-Planned Right-of-Way frontages 1 0.50 acres 0.51 to 1.00 acres 1.01 to 3.00 acres 3.01 to 6.00 acres 6.01 acres 0% 0% 0% 5% 10% 2 0% 0% 5% 10% 10% 3 0% 5% 10% 10% 10% 4 or more 5% 10% 10% 10% 10% % of Site Required to be Dedicated for Open Space

b. Public benefit Points and Categories

Public benefits under Div. 6.6. must be provided as follows:
Zone Site Size < 10,000 SF of gross tract area OR with < 1.5 max FAR 10,000 SF of gross tract area OR with 1.5 max FAR < 10,000 SF of gross tract area OR with < 1.5 max FAR 10,000 SF of gross tract area OR with 1.5 max FAR Public benefit Points (min) 15 30 30 60 Number of benefit Categories (min) 1 2 2 3

ELS

EOf

C. Master Plan and Design guidelines

D. building Type
All building types allowed under Div. 4.6. are allowed in the ELS and EOF zones under optional method development.

b. Lot and Density

1. Lot standards for detached House, duplex and townhouse building types are established by the site plan. 2. The maximum density is established by the mapped zone.

C. Placement
Setbacks for principal buildings, accessory structures, and parking are established by the site plan.

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D. height
Height is established by the mapped zone.

E. form
Form standards are established by the site plan and must address, at least, transparency, blank walls, and active entrances.

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Div. 6.6. Optional Method Public benefits

Sec. 6.6.1. general Provisions
A. Public benefit Categories
1. Public benefits must be provided that enhance or contribute to the objectives of the zone in some or all of the following categories: a. Major Public Facilities; b. Transit Proximity; c. Connectivity and Mobility; d. Diversity of Uses and Activities; e. Quality Building and Site Design; and f. Protection and Enhancement of the Natural Environment. 2. Section 6.6.2. indicates the individual public benefits that may be accepted in each of these categories in each zone.

1. be consistent with the objectives of this Division (Div. 6.6); 2. be in addition to any standards, requirements, or rules of incentive density calculation included in this Division (Div. 6.6), but may not conflict with those provisions; and 3. only allow incentive FAR for those public benefits listed in Sec. 6.6.3.

b. general Public benefit Considerations

Granting points for the provision of any benefit otherwise required by law is prohibited. In approving any incentive FAR based on the provision of public benefits, the Planning Board must consider: 1. the recommendations and objectives of the applicable master or sector plan; 2. the CR Zone Incentive Density Implementation Guidelines; 3. any design guidelines adopted for the applicable master plan area; 4. the size and configuration of the tract; 5. the relationship of the site to adjacent properties; 6. the presence or lack of similar public benefits nearby; and 7. enhancements beyond the elements listed in an individual public benefit that increase public access to, or enjoyment of, the benefit.

C. Public benefit Implementation guidelines

The Planning Board must adopt, publish, and maintain guidelines that detail the standards and requirements for public benefits. The guidelines must:

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Sec. 6.6.2. Public benefit Overview

A. Major Public Facility B. Transit Proximity C. Connectivity & Mobility 1. Advance Dedication 2. Minimum Parking 3. Neighborhood Services 4. Public Parking 5. Through-Block Connection

4. Historic Resource Protection 5. Public Art 6. Public Open Space 7. Structured Parking 8. Tower Step-Back F. Protection and Enhancement of the Natural Environment 1. Building Lot Terminations 2. Building Reuse 3. Cool Roof 4. Energy Conservation 5. Energy Generation 6. Habitat Preservation and Restoration 7. Recycling Facility Plan 8. Transferable Development Rights 9. Tree Canopy 10. Vegetated Area 11. Vegetated Roof 12. Vegetated Wall

The following public benefits may be accepted under optional method development:

6. Transit Access or Streetscape Improvement 7. Trip Mitigation 8. Way Finding D. Diversity of Uses & Activities 1. Adaptive Buildings 2. Affordable Housing 3. Care Centers 4. Dwelling Unit Mix 5. Enhanced Accessibility for the Disabled 6. Enhanced Visitability for Seniors/Disabled 7. Live/Work 8. Small Business Opportunity 9. Workforce Housing E. Quality Building and Site Design 1. Architectural Elevations 2. Enhanced Recreation Facilities 3. Exceptional Design

Sec. 6.6.3. Public benefit Descriptions and Criteria

A. Major Public facilities
1. Major public facilities include, but are not limited to, such facilities as schools, libraries, recreation centers, parks, County service centers, bike share stations, public transportation or utility upgrades, or other resources delineated in an applicable master or sector plan. Major public facilities provide public services at convenient locations where increased density creates a greater need for civic uses and greater demands on public infrastructure.

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2. Where a major public facility is not recommended in the applicable master or sector plan, the Planning Board must find that the facility or improvement provides the community with a resource that is at least as beneficial as other major public facilities recommended in the applicable master or sector plan. Additionally, any infrastructure upgrade may only receive incentive density for improvements beyond those required by any applicable adequate public facilities requirement to complete the proposed development. 3. Due to their significance in placemaking, the Planning Board may approve incentive FAR for the conveyance of a site or floor area for the construction of or making a payment for a major public facility that is accepted for use or operation by an appropriate public agency, community association, or nonprofit organization. a. The following number of points may be awarded provided the requirements of Sec. 6.6.3.A.3 (above) are met: i. 20 points in an ELS zone;

b. A project is adjacent to or confronting a transit station or stop if it shares a property line or easement line, or is separated only by a right-of-way from an existing or master-planned transit station or stop, and 100 percent of the gross tract area in a single sketch plan application is within mile of the transit portal. c. For split proximity-range projects: i. If at least 75 percent of the gross tract area in a single sketch plan application is within the closer of two proximity ranges, the entire project may take the points for the closer range;

ii. If less than 75 percent of the gross tract area in a single sketch plan is within the closer of 2 proximity ranges, the points must be calculated as the weighted average of the percentage of area in each range.
Proximity Transit Service Proximity Level ELS EOF or CRT CR Adjacent or confronting 1 10 25 50 2 5 15 30 Within 1/4 mile 1 8 20 40 2 4 12.5 25 between 1/4 and 1/2 mile 1 6 15 30 2 2 10 20 between 1/2 and 1 mile 1 4 10 20 2 0 7.5 15

ii. 40 points in an EOF or CRT zone; and iii. 70 points in a CR zone.

b. Transit Proximity
1. Development near transit facilities encourages greater use of transit, controls sprawl, and reduces vehicle miles traveled, congestion, and carbon emissions, and is eligible for incentive density. 2. Transit proximity points are granted for proximity to existing or master planned transit stops based on transit service level and CRT and CR zones. a. Transit proximity is categorized in 2 levels: i. Level 1 is proximity to an existing or master planned Metrorail Station.

C. Connectivity and Mobility

Development that enhances connectivity between uses and amenities; increases mobility options; encourages walking, cycling and transit; facilitates social interaction; provides opportunities for healthier living; and stimulates local businesses. 1. Advance Dedication: Up to 8 points in the ELS zone, 15 points in the EOF and CRT zones, and 30 points in the CR zone for dedicating or providing a reservation for dedication for master-planned rights-of-way in advance of a preliminary or site plan application.

ii. Level 2 is proximity to an existing or master planned station or stop along a rail or bus line with a dedicated, fixed path; excluding a site that is within one mile of a MARC station and that is more than one mile from any other transit station serving a dedicated, fixed path transit facility.

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2. Minimum Parking: Up to 10 points for providing less than the maximum allowed number of parking spaces, where a maximum is applicable. 3. Neighborhood Services: When fewer than 10 different basic services are within mile, up to 10 points for providing retail bays resulting in at least 10 different basic services on-site or within mile, of which at least 4 have a retail bay floor area of no greater than 5,000 square feet. 4. Public Parking: Up to 25 points for providing up to the maximum number of parking spaces allowed in the zone as public parking. 5. Through-Block Connections: Up to 10 points for safe and attractive pedestrian connections between streets. 6. Transit Access or Streetscape Improvement: Up to 20 points for creating new or improving existing transit access or for construction of off-site improvements, excluding any streetscape improvements otherwise required. 7. Trip Mitigation: Up to 15 points for entering into a binding Traffic Mitigation Agreement to reduce the number of weekday morning and evening peak hour trips attributable to the site in excess of any other regulatory requirement; the agreement must result in a reduction of at least 50% for trips attributable to the site.

a. If providing no more than 12.5% Moderately Priced Dwelling Units (MPDUs), all development must comply with the applicable requirements of Chapter 25A. b. If providing more than 12.5% MPDUs in an ELS, EOF, CRT, or CR zone, 12 points are granted for every 1% of MPDUs greater than 12.5%. Any fraction of 1% increase in MPDUs entitles the applicant to an equal fraction of 12 points. c. Above 15% of MPDUs, each 1% of additional MPDUs entitles the applicant to an additional 2 benefit points. Any fraction of 1% increase in MPDUs entitles the applicant to an equal fraction of 2 points. d. In any case, for density and points to be awarded, at least one more MPDU than would be required at 12.5% must be provided to take advantage of the MPDU optional method or points in any zone. 3. Care Centers: Up to 20 points for constructing a child, teen, or adult day care facility accommodating at least 15 users in accordance with state standards. 4. Dwelling Unit Mix: Up to 10 points for integrating a mix of residential unit types with at least 7.5% efficiency units, 8% one- and two-bedroom units and 5% three- or more bedroom units. 5. Enhanced Accessibility for Seniors or the Disabled: Up to 20 points for constructing dwelling units with interiors that satisfy American National Standards Institute A117.1 Residential Type A standards or an equivalent County standard. 6. Enhanced Visitability for Seniors or the Disabled: Up to 20 points for constructing dwelling units in accordance with ANSI A117.1, Type C, Visitable Unit, each of which has a kitchen, dining area, living area, full bathroom, and bedroom on the accessible level. 7. Live/Work: Up to 10 points for developments of up to 2.0 FAR total allowed density that provide at least 3 units or, for developments allowed greater than 2.0 FAR, 10% of the total unit count as live/work units. 8. Small Business Opportunities: Up to 20 points for providing on-site space for small, neighborhood-oriented businesses.

8. Way-Finding: Up to 5 points for design and implementation of a way-finding system orienting pedestrians and cyclists to major open spaces, cultural facilities and transit opportunities.

D. Diversity of Uses and Activities

Development that increases the variety and mixture of land uses, types of housing, economic variety and community activities; contributes to development of more efficient and sustainable communities; reduces the necessity for automobile use; and facilitates healthier lifestyles and greater social interaction. 1. Adaptive Buildings: Up to 10 points for constructing commercial or mixed use buildings with minimum floor-to-floor heights of at least 15 feet on any floor that meets grade and 12 feet on all other floors. Internal structural systems must be able to accommodate various types of use with only minor modifications. 2. ffordable Housing A

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9. Workforce Housing: Up to 30 points for providing workforce housing at a rate of 2 points for each percentage of the total units, excluding MPDUs.

7. Structured Parking: Up to 20 points for placing parking within, above or below grade parking structures. 8. Tower Step-Back: Up to 5 points for stepping back a buildings upper floors by a minimum of 6 feet behind the first floor facade. The step-back must begin at a height no greater than 72 feet.

E. Quality building and Site Design

High quality design is especially important in urban, integrated-use settings to ensure that buildings and uses are visually compatible with each other and adjacent communities and to provide a harmonious pattern of development. Due to increased density in these settings, buildings tend to be highly visible and high quality design helps attract residents, patrons and businesses to these areas. Location, height, massing, faade treatments and ornamentation of buildings all affect sense of place, orientation and the perception of comfort and convenience. The quality of the built environment affects light, shadow, wind and noise, as well as the functional and economic value of property. 1. Architectural Elevations: Up to 20 points for providing elevations of architectural facades and agreeing to be bound by particular elements of design that exceed the requirements of this Division, such as minimum amount of transparency, maximum separation between doors, awning provisions, sign restrictions, or lighting parameters that affect the perception of mass, pedestrian comfort or enhance neighborhood compatibility. 2. Enhanced Recreation Facilities: Up to 10 points for providing on-site recreation facilities above the supply required by Div. 7.4. 3. Exceptional Design: Up to 10 points for building or site design whose visual and functional impacts enhance the character of a setting per the purposes delineated in this Division (Div. 6.6). 4. Historic Resource Protection: Up to 20 points for the preservation or enhancement of, or payment towards preservation or enhancement of, a historic resource or a contributing element within an historic district designated in the Master Plan for Historic Preservation. 5. Public Open Space: Up to 20 points for providing, or making a payment for, public open space in excess of the minimum open space requirement of the zone. 6. Public Art: Up to 15 points for installing public art reviewed for comment by, or paying a fee accepted by, the Public Arts Trust Steering Committee.

f. Protection and Enhancement of the Natural Environment

Protection and enhancement of natural systems and decreases in energy consumption help mitigate or reverse environmental impacts such as heat island effects from the built environment, inadequate carbon-sequestration, habitat and agricultural land loss, and air and water pollution caused by reliance on the automobile. 1. Building Lot Termination (BLT): Up to 30 points for the purchase of BLT easements or payment to the Agricultural Land Preservation Fund (ALPF). a. In the CR zone: i. The first 5 points are mandatory for all optional method developments ; up to 25 additional points are allowed as an option.

ii. An applicant must purchase BLT easements, or make payments to the ALPF, in an amount equal to 5% of the incentive density floor area under the following parameters: (a) One BLT must be purchased or equivalent payment made for every 20,000 square feet of gross floor area to qualify for the first 5% incentive density floor area; (b) Any private BLT easement must be purchased in whole units; or (c) BLT payments must be made to the ALPF, based on the amount established by Executive Regulations under Chapter 2B; if a fraction of a BLT easement is needed, a payment based on the gross square footage of incentive density must be made for at least the fraction of the BLT easement. iii. Up to 25 points for the purchase of BLTs or equivalent payments to the ALPF may be made for any incentive density above 5%. Each BLT easement purchase or payment is equal to 30,000 square feet of gross floor area, or such proportionate square footage represented

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by a fractional BLT purchase or payment. This is converted into points by dividing the incentive density floor area covered by the purchase or payment by the total square feet of the incentive density area. b. In the ELS Zone: i. BLTs are mandatory for all optional method developments in the ELS zone and each percent of incentive density achieved is equal to one point. For those projects that dont achieve 30 points under the mandatory calculation, additional BLTs may be purchased or payments made for up to 30 total points.

BLT payments are optional; each BLT easement purchase or payment is equal to 30,000 square feet of gross floor area, or such proportionate square footage represented by a fractional BLT purchase or payment.

2. Building Reuse: Up to 100 points for reuse of an existing building subject to the following: a. 75% of the structural system of the building must be retained; and b. An architectural deconstruction company must be used to remove reusable and recyclable materials prior to any demolition. c. Although 100 points may be obtained, public benefit category minimums must be met. 3. Cool Roof: Up to 5 points for constructing any roof area that is not covered by a vegetated roof with a minimum solar reflectance index (SRI) of 75 for roofs with a slope at or below a ratio of 2:12, and a minimum SRI of 25 for slopes above 2:12. 4. Energy Conservation: Up to 10 points for constructing buildings that exceed the energy-efficiency standards for the building type by 17.5% for new buildings or 10% for existing buildings. 5. Energy Generation: Up to 15 points for providing renewable energy generation facilities on-site or within 2,640 feet of the site for a minimum of 2.5% of the projected energy requirement for the development. 6. abitat Preservation and Restoration: Up to 20 points for protection, resH toration or enhancement of natural habitats, on-site or within the same local watershed, which are in addition to requirements of the Forest Conservation Law or other County laws. 7. Recycling Facility Plan: Up to 5 points for providing a recycling facility plan to be approved as part of a site plan for buildings that complies with Montgomery County Executive Regulation 15-04AM or Montgomery County Executive Regulation 18-04. 8. Transferable Development Right: Up to 20 points for the purchase of or payment towards TDRs. Every TDR purchased is worth 1 point and allows 3,500 square feet of development above the density allowed under the stan-

ii. An applicant must purchase BLT easements, or make payments to the ALPF, under the following parameters: (a) One BLT must be purchased for each 66,000 square feet of gross floor area above 0.5 FAR; (b) Any private BLT easement must be purchased in whole units; or (c) BLT payments must be made to the ALPF, based on the amount established by Executive Regulations under Chapter 2B; if a fraction of a BLT easement is needed, a payment based on the gross square footage of incentive density must be made for at least the fraction of the BLT easement. iii. Floor area restricted to the following uses is subtracted from the total density prior to calculating the required BLTs: (a) Workforce housing units; (b) MPDUs; (c) hospitals, including the hospital's accessory uses, other than medical office buildings; (d) Educational facilities for non-life sciences; and (e) Research and Development; Animal Research Facility; and Medical/Scientific Manufacturing and Production in excess of 50% of the project's total floor area. c. In the CRT & EOF zones:

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dard method of development. If a site is within a TDR Overlay zone, TDRs must be purchased as recommended by the master plan or, if no recommendation is made, at least 5 points must be provided through the purchase of or payment towards TDRs. 9. Tree Canopy: Up to 10 points for protecting tree canopy coverage with at least 20 years of growth per Trees Technical Manual approved by the Planning Board, as amended, on at least 25% of the on-site open space. 10. Vegetated Area: Up to 5 points for installation of plantings in a minimum of 12 inches of soil, covering at least 5,000 square feet. No individual area can be less than 500 square feet. This does not include vegetated roofs or stormwater management facilities. 11. Vegetated Roof: Up to 10 points for installation of a vegetated roof with a soil depth of at least four inches covering at least 33% of a buildings roof, excluding space for mechanical equipment. 12. Vegetated Wall: Up to 5 points for the installation and maintenance of a vegetated wall that covers at least 30% of any blank wall or parking garage facade that is at least 300 square feet in area and is visible from a public street or open space.

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