ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 1

5. SUSTAINABILITY AUDIT
2 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

Introduction
This sustainability audit provides a comprehensive review of the countys agriculture to increase access to local, fresh produce are all components of
zoning code to assess the regulations as they relate to sustainability. Other sustainability.
related regulations have also been reviewed, included the subdivision
The zoning code audit aims to identify potential areas of improvement
regulations, road code, and stormwater manual, although these compo-
related to sustainability for the zoning code. The audit is organized into
nents are not included in the work program, which focuses on the zoning
the nine general topics. Each topic includes a series of recommendations,
code.
some of which are further organized by sub-topic. In some instances,
Some of the concepts included here are already proposed in the Anno- where the county currently has adequate regulations in place to address
tated Outline. Many of the remaining ideas could easily be incorporated in a certain issue, it is recommended that current regulations be continued
the zoning code, provided there is willingness on the part of the elected and carried through to the new zoning code. For other topics, the county
and pointed officials to incorporate the concepts. may have related regulations on the books that can be taken further or
expanded upon and the recommendation will describe how to do so. This
Sustainability may be defined as providing for the needs of our genera-
audit will be used as a starting point for rethinking sections of the existing
tion without compromising the ability of future generations to meet their
zoning code that could enhance Montgomery Countys commitment to
needs. Since our human well-being is integrally connected with the well-
sustainability.
being of the natural world and the responsible use of natural resources,
sustainability focuses on environmental health as a top priority. Key tenets A summary of the audit by topic is provided on the following pages. A
of sustainability related to planning and zoning codes include reducing complete matrix is provided at the end of this chapter (see Full Sustain-
the amount of pollution created by minimizing the amount of vehicle ability Audit on page ).
miles traveled and conserving natural resources. Permitting complete
neighborhoods (compact, mixed-use development) to minimize vehicular
usage and pollution; minimizing parking footprints to decrease impervi-
ous coverage and the urban heat island effect; and permitting urban
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 3

Buildings and Neighborhoods

The purpose of the Buildings and Neighborhoods audit is to consider the Walkability
most sustainable form of development at the neighborhood and lot levels Creating an inviting environment for pedestrians is integral to minimizing
for each context area. Key themes include requiring appropriate density VMT and improving quality of life and aesthetics. There are several ways to
for each context area, encouraging walkability through mixed uses and enhance walkability via the built environment-such as lining commer-
minimizing pedestrian-vehicle conflicts, co-location of jobs to reduce VMT, cial streets with mixed-use storefronts, locating parking in the rear of the
provision of open space, and providing a variety of housing types. building, minimizing the number of curb cuts and visible drive throughs,
and requiring a walkable block length. While some of these components
Requiring Appropriate Density
are present in the current zoning code, scattered amongst various mixed
Focusing density in key areas will aid in creating a sustainable county, as
use zones, walkability will be most enhanced by incorporating these
minimum levels of density are necessary to support neighborhood-scale
features in most if not all mixed use areas. For example, currently drive
commercial uses as well as transit. Having viable public transit in place is
throughs are prohibited only in central business district zones. In all other
essential to reducing Vehicle Miles Travelled (VMT) and automobile-related
zones, drive throughs are not restricted. It is recommended that drive
pollution. The county already has standards in place to support increased
throughs be prohibited in most mixed use commercial areas. In zones
density in mixed use and transit-oriented areas. For example, the Trans-
where drive throughs are to be permitted, standards may be developed
ferable Development Rights (TDR) zones allow developers to shift devel-
to minimize their impact on the pedestrian realmsuch as locating the
opment rights from a rural or preserve area to an area where increased
drive through on the rear or side of the building and using landscaping to
density is encouraged, such as around a transit station. The county should
screen the area from view of the street and adjacent residential uses.
continue to utilize TDRs in appropriate locations. Current single-family
residential standards limit density to around five to six dwelling units per Housing Diversity
acre, which is typically too low to support transit. The zoning code could Another critical aspect of sustainability is ensuring that a wide spectrum
be revised to require or at least permit higher residential density near of people can live and thrive in a community. Housing diversity may also
transit stations. increase density in appropriate areas, making neighborhood commercial
and/or transit more economically feasible. Currently, Montgomery County
4 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

has a few zones (CR Zones and Planned Development Zones) that permit
and even encourage a variety of housing types. However, in some instanc-
es, housing diversity should be required, ranging from a variety of single-
family residential lot sizes in rural and suburban areas to a variety of all
housing types in traditional neighborhoods, TOD areas, and downtowns.
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 5

Stormwater
Montgomery County and the State of Maryland have taken great steps to on-site in all instances. With that said, the amount of infiltration should
effectively manage stormwater, including the creation of a model state or- be maximized by use of the appropriate reuse and retention methods for
dinance and subsequent county stormwater ordinance. The audit aimed to urban sites.
identify any additional opportunities not already being taken advantage of
by the county. The organization of the table contains separate objectives Stormwater Management in Other Context Areas
for urban and suburban/rural areas, recognizing the fact that the density Non-urban sites should be able to meet the state mandate of managing

and imperviousness of urban areas makes it difficult, if not impossible, for 50 percent or 1-2.6 of rainfall by utilizing appropriate reuse and retention

such areas to adhere to the same stormwater management standards as methods. Design standards for many of these methods may be found in

other areas. The table also includes a series of retention methods for han- the Maryland Stormwater Design Manual. For new subdivisions, storm-

dling stormwater both on- and off-site, found in the state Design Manual, water management may be accomplished through the use of a district

and defined their appropriate context areas. stormwater system.

Currently, in the states ordinance, non-structural methods of stormwa-

Urban Stormwater Management
ter management are preferred over structural methods, but structural
According to the Maryland Stormwater Ordinance, all sites must handle a
methods are not limited. It is recommended that single-use structural
minimum amount of stormwater, typically 50 percent or 1-2.6 of rainfall,
stormwater facilities be prohibited; detention and retention ponds should
depending on the context. While this may be an appropriate requirement
serve also as parks or open space, and should incorporate design features
for non-urban areas, in densely populated, highly impervious areas this
to make them more welcoming public space.
standard may be quite difficult to achieve. The countys Stormwater Ordi-
nance states that this requirement may be waived if a watershed manage-
ment plan is in place. Therefore, the creation of watershed management
plans for those watersheds containing urban areas should be a top priority.
In addition, stormwater volume in urban areas should be managed before
it reaches the stream, instead of forcing the stormwater to be managed
6 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

Parking
Excessive surface parking lots are a barrier to sustainability. Parking lots Off-Street Parking Footprint
decrease the amount of buildable land on a site and at the same time, In addition to modifying existing minimum parking requirements, exces-
increase the imperviousness, making stormwater management more sive surface parking can be controlled by implementing a maximum park-
challenging. In more urban areas, parking lots also contribute to the ing allowance. This allowance is typically around 10 percent more than
urban heat island and air quality issues. In addition, parking lots are often the minimum requirement, which gives the developer flexibility but also
unsightly expanses of pavement that contribute little to street activity. The ensures that parking will be provided within an appropriate range. Provid-
audit of Montgomery Countys parking requirements uncovered several ing bicycle parking for commercial and multifamily uses can also help to
areas of potential improvement, including strategies for limiting require- reduce the demand or need for surface parking spaces. The county already
ments for off-street parking and reducing the off-street parking footprint. has some requirements for bicycle parking, but the requirements focus
The following describes some of the highlights from the table. on larger parking lots with over 20 surface parking spaces. Bicycle park-
ing should be provided for all commercial spaces with parking lots and for
Off-Street Parking Requirements
multifamily uses of over 8 units.
Off-street parking requirements should be reconsidered in two steps: first,
the minimum requirements for various uses across different general con-
texts should be reevaluated to ensure that an adequate, but not excessive,
amount of parking is required; second, parking credits should be incor-
porated into the code for sites with carsharing, cooperative parking, and
adjacent public parking. The county already has a great start on offering
parking credits, as the current zoning code including parking reductions
for proximity to transit stations, sharing parking facilities, participating in
the county Share-a-Ride program, and offering private incentives.
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 7

Tree Canopy and Heat Island

Tree canopy and heat island issues are greatly interconnected, as tree per linear feet of frontage, such as 1 street tree per every 40 feet. Such a
canopy helps to absorb sunlight, as it shades paved surfaces and roofs that requirement, in addition to other private parcel requirements, would add
would otherwise emit heat that contributes to the heat island. The Tree greatly to the canopy coverage of the county.
Canopy and Heat Island table focuses on the goals of limiting tree removal,
requiring the planting of new trees when development occurs, providing Healthy Trees
an environment that fosters healthy trees, and mitigating impervious- Requiring the planting of new trees is fruitless unless the trees are given a

ness and the urban heat island effect. The following describes some of the hospitable environment to survive in. Conventionally, trees in parking lots

highlights from the table. or parkways have faced 2 major challenges: a) they are planted in areas
that are too small for them to grow; and b) they are surrounded by imper-
Limiting Tree Removal vious surfaces, making it difficult for their roots to get sufficient irrigation.
The Montgomery County Forest Conservation Law and Maryland State For- It is recommended that the zoning code resolve these difficulties by a)
est Conservation Law currently has several provisions in place to protect increasing the required width of tree planting areas (medians, parkways,
existing tree canopy as well as champion and specimen trees in particular. islands) to be at least 9 feet and b) requiring the use of structural soil and
The county should continue to protect existing tree canopy, emphasizing permeable pavement around trees to improve irrigation.
the preservation of champion and specimen trees.
Imperviousness and Reflectivity
Requiring New Trees Reducing imperviousness and reflectivity are central to reducing the heat
With regard to requiring the planting of new trees, the code audit found island effect. Current code standards do not contain many standards re-
some areas of improvement. For example, street trees are currently co- lated to the use of such materials as reflective pavement and roof surfaces,
ordinated between the Department of Permitting Services, Department or the reduction of impervious coverage. It is recommended that pave-
of Transportation, and Planning Board staff. There is no specificity as to ment and roof surfaces be required to have a level of reflectivity, and that
how many street trees are required per linear feet of frontage. This pro- the amount of impervious coverage is minimized to the extent practicable.
cess could be simplified by designating a standard number of street trees
8 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

Water Reuse and Irrigation

Water conservation is one of the greatest challenges facing the world to- nance. Great amounts of water may be conserved by minimizing the need
day and yet, many common practices are still in place that waste tremen- for such irrigation through the use of xeriscape and native plants. Some
dous amounts of water. Two such practices include the excessive, wasteful, areas of the county code currently encourage native plantings, but use of
and unnecessary irrigation of landscape and the treatment of wastewater, xeriscape and native plants should be required wherever feasible to limit
including greywater (wastewater generated from activities such as wash- wasted water.
ing dishes, doing laundry, and bathing). Enormous amounts of water may
be saved by examining these two key practices. The following describes
some of the highlights from the table.

Greywater
Greywater systems present a way to reuse water that has been used for
common domestic activities, such as dishwashing and bathing. Such water
is far easier to treat and recycle on-site than blackwater (sewage) because
of much lower levels of contamination. Greywater, after being partially
treated, may then be used to irrigate landscape and flush toilets.

The audit could find no evidence of greywater reuse being utilized in

the county, which represents a huge missed opportunity. Identifying any
Building Code barriers and encouraging greywater systems in the county
should be of top priority.

Irrigation
Landscape materials of choice have long been dominated by turf grass
and other non-native plants that require extensive watering and mainte-
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 9

Energy
Encouraging the use of renewable sources of energy is critical to reducing place specific to varying context areas, such as single-family, multifamily,
pollution and greenhouse gases, and creating a more sustainable county. commercial, and rural locations. These regulations should include height,
Surprisingly, the audit did not uncover many regulations on the books for noise, and setback limitations.
the county that pertain to renewable energy, such as geothermal, solar,
and wind power. Facilitating the application and permitting process for Solar
renewable energy sources relies on having streamlined, well-thought out Solar panels are quickly becoming a commonplace way for homeowners

regulations on the books to be prepared for those who may want to install and business owners to generate electricity on-site. Solar panels should be

such facilities. The following describes some of the highlights from the permitted in all zones, with flush-mounted panels permitted in residential

Energy table. areas. Also, for both solar and wind facilities, the county should ensure that
there is a streamlined, clear permitting process to encourage developers
District Energy and others to install such systems.
District energy, such as geothermal systems, can shift entire neighbor-
hoods from the traditional power grid to using renewable energy. Since
geothermal systems are located underground, they also do not have the
same aesthetic impacts or concerns that might be encountered with other
renewable energy sources. District energy systems should be permitted in
all districts, and particularly encouraged where subdivision developments
are occurring.

Wind
While wind access may be a little challenging in some areas of the county,
there has already been demand for wind turbine installation. To accom-
modate the demand, it is essential that the county have regulations in
10 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

Food Production
Enabling more residents of the county to produce local food will reduce Food Sales
vehicle miles traveled and improve access to fresh, healthy food. The fol- Farmers markets are a great way to support local farmers and improve ac-
lowing describes some of the highlights from the Food Production table. cess to fresh produce, but current county code permits them (as Country
markets) only as a Special Exception in some residential zones; they are
Livestock
not allowed in higher density zones. Farmers markets should be permit-
Current regulations include a bias against raising livestock on smaller lots,
ted in most residential and commercial areas to provide a broad base of
as any accessory structure to house animals must be at least 25 feet from
support for the small farms that depend on such markets and to improve
the lot line and 100 feet from a dwelling on another lot. Meeting these re-
access to fresh, local produce for those who live in the county.
quirements may be difficult for compact developments where the homes
could be quite close together. The recommendations include revised buf-
fer distances for such accessory structures, as well as more specific require-
ments related to raising livestock on residential lots (how many animals
per lot, penning of animals, prohibition of slaughtering, etc).

Gardens
Another way to encourage locally grown produce is by permitting com-
munity gardens. Currently, there are no standards defined for community
gardens in the county related to what types of activities of permitted and
whether community gardens qualify as green area. The county should
cultivate the use of community gardens by providing clear and practi-
cal standards for their use and permitting community gardens to count
towards green area requirements.
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 11

Lighting
Lighting standards are crucial to protect mating, migration, and predation
behaviors of many different species, preserve the night sky, minimize the
amount of energy wasted from overlighting, and reduce glare. Lighting
can best be controlled across a large area like Montgomery County by
utilizing lighting zones, which are described below.

Lighting Zones
Lighting zones address the need to have varying lighting standards across
different context areas. Each zone has a different set of standards, includ-
ing maximum lighting standards, maximum allowed initial lamp lumens
per square foot, and required shielding of lighting. Lighting zones include
LZO (no ambient lighting), LZ1 (low ambient lighting), LZ2 (moderate
ambient lighting), LZ3 (moderately high ambient lighting), and LZ4 (high
ambient lighting). These zones should be applied to various context areas;
for example, LZ4 (high ambient lighting) should be applied to the most
urban areas of the county. By applying lighting zones to the context areas,
the county will be able to implement appropriate lighting standards across
the various locations. See the International Dark-Sky Association for more
details.
12 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

Waste Reduction
Construction and demolition waste is one of the worst offenders in
terms of its contribution to landfills. Reducing construction and demoli-
tion waste, as well as requiring the recycling and reuse of such waste
will greatly diminish the amount that ends up in landfills. Smaller-scale
neighborhood recycling centers should also be encouraged. The following
describes some of the highlights from the table.

Construction Waste
Currently, the county does not require the recycling or reuse of construc-
tion and demolition debris. Municipalities and counties across the country
are enacting regulations that require some level of reuse or recycling. The
audit recommends that Montgomery County require a minimum of 50% of
construction and demolition debris produced on a construction site to be
recycled or reused, to divert those materials from decaying in landfills.
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 13

Full Sustainability Audit

The audit lists objectives, references them to specific sections of the exist- into the zoning code than level 1. A level 2 item may require more research
ing code, and proposes code language which could be used to promote or political support prior to its implementation. Priority level 3 is the lowest
more sustainable choices. The following describes the intent of the column priority level, and typically relates to county regulations outside of the zon-
headings found on each table. ing code (stormwater policy, Road Code, Building Code etc).

Sustainability Objective Applicable Context

The objective describes the specific issue at hand across the row. These The county was considered as several broad context areas to provide more
sustainability objectives are culled from experience with sustainability in specificity in the audit analysis and recommendations. The context areas
other communities, and from a variety of available resources (including used are as follows (bold indicates the abbreviation used in the tables):
especially materials from the US Green Building Council), as listed in the
Rural (Rural/Preserve)
tables.
Sub-Res (Suburban residential - single-family pods)

Sub-Com (Suburban auto-oriented commercial corridors, sometimes
Code Section occurring with transit)
The code section refers to the area of the County Code that the objective

TND-Res (TND/older suburban residential - compact, mixed residential
is most applicable to (such as zoning and specific chapters within zoning, type neighborhoods)
subdivision, permitting, lighting ordinance, etc).
TND-Com (TND/Main Street mixed-use commercial corridors)

Urban (Urban Core/downtown - walkable, high intensity core with
Priority Level transit)
Priority levels are utilized to provide a gauge for how critical the recom-
mendation is to achieving the countys goals for sustainability and/or the
ease of the items implementation. Priority level 1 is the highest priority
level, and is typically easy to implement and include in the code. Priority
level 2 is a medium priority level and is a little more difficult to incorporate
14 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

BUILDINGS AND NEIGHBORHOODS

Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
DENSITY
Transit support- Zoning (dis- 1 Sub-Res 59-C-1.3, 59-C-1.53: Most sf housing development REQUIRE minimum housing density to
ed density along tricts and TND-Res standards max out around 5-6 DU/AC support transit type (metro, commuter
transit corridors mapping) Sub-Com Other mixed use and multifamily allows higher rail, bus rapid transit) within a quarter
and stations TND-Com densities sufficient to support transit mile of corridors/stations
Utilize TDRs to Zoning 1 All 59-C-1.33 Transferable Development Rights Zones CONTINUE utilizing Transferable Devel-
increase density 59-C-15.868: CR zones give a density incentive to opment Rights per area Master Plans &
in desired loca- those utilizing TDRs in TDR designated receiving Sector Plans to preserve high quality ag/
tions areas natural land and focus density, espe-
cially near transit
COMMERCIAL MIXED USE
Mixed use com- Zoning 1 Sub-Com Permitted in several districts, including: Central Busi- CONTINUE to permit vertically mixed-
mercial areas, (uses) TND-Com ness Districts, Planned Neighborhood, Mixed Use use buildings in appropriate areas
including offices Urban Neighborhood, Mixed Use Planned Development,
and residential Transit Station Development Areas, Residential
above stores Mixed Use Districts, Mixed Use Town Center, Transit
Oriented Mixed Use Zones, Transit Mixed Use Zone
Walkability to Zoning 1 Sub-Res Central Business Districts, Planned Neighborhood, PERMIT a narrower list of uses within LEED-ND
daily retail/ser- (districts, TND-Res Mixed Use Neighborhood, Mixed Use Planned De- a neighborhood commercial ditrict to (NPD C3);
vices/civic uses mapping, velopment, Transit Station Development Areas, Resi- focus on daily uses such as coffee shop, SmartCode;
(within 1/4 to uses) dential Mixed Use Districts, Mixed Use Town Center, caf, childcare, post office, library Rocky Moun-
1/3 mile radius Transit Oriented Mixed Use Zones, Transit Mixed MAP neighborhood commercial uses tain Land
of most house- Use Zone permit mixed uses; Most other residential adjacent to residential neighborhoods Use Institute
holds) and commercial uses are completely separate from to improve walkability Sustainable
one another - no assurance that commercial will be Code
within walking distance of residential
Third places Zoning 1 Sub-Res Appropriate uses permitted in several districts PERMIT a narrower list of uses within LEED-ND
(informal meet- (uses) TND-Com a neighborhood commercial ditrict to (NPD C3);
ing locations Sub-Com focus on daily uses such as pubs, restau- Project for
outside of home TND-Com rants, cafs, libraries Public Spaces
and work) within Urban
walking distance
of neighbor-
hoods
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 15

BUILDINGS AND NEIGHBORHOODS

Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
Appropriate Zoning 1 TND-Com Combination retail store in C2 & C3 whose floor area PERMIT a variety of commercial scales newrules.org
scale of com- (uses) Sub-Com exceeds 120,000 square feet & includes a pharmacy in Sub-Com and Campus with combina-
mercial Urban & full-line grocery store to obtain Special Exception - tion retail stores permitted with Special
Campus only permitted if adjacent to arterial or highway Exception
REQUIRE stores over 20,000 sf in TND-
Com and Urban areas to seek a special
exception OR
PROHIBIT commercial over 20,000 sf (per
user) in areas TND-Com and Urban areas
except for grocery store uses
Encourage Zoning 2 TND-Com Combination retail store in C2 & C3 whose floor area REQUIRE community and economic Santa Cruz
locally based (uses) Sub-Com exceeds 120,000 square feet & includes a pharmacy impact analysis for large box stores (over (thinklocal-
commercial Urban & full-line grocery store to obtain Special Exception - 50,000 sf ) santacruz.
Campus only permitted if adjacent to arterial or highway org); ne-
wrules.org
Active ground Zoning (de- 2 Sub-Com 59-C-11: Mixed Use Town Center - Off-street parking REQUIRE liner active uses at the ground Nashville, TN;
floor space for velopment TND-Com structures, if located along required street facades, floor level in parking garages in pedes- Fort Lauder-
parking garages standards, Urban must have retail or other pedestrian-oriented uses trian-oriented mixed-use areas dale, FL
uses) at the ground floor level fronting the street with
direct access to the sidewalk or a public use space
JOBS
Jobs-housing Zoning 1 TND-Com Shady Grove Sector Plan & Gaithersburg West REQUIRE some level of office for mixed LEED-ND (SLL
ratio (uses, map- Sub-Com Master Plan call for increased jobs-housing ratio by use as opposed to just residential above Housing and
ping) Urban increasing the amount of housing near existing of- in key areas Jobs Proxim-
Campus fice parks & employment centers MAP for office buildings in appropriate ity)
locations near residential
16 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

BUILDINGS AND NEIGHBORHOODS

Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
Home occupa- Zoning 1 All Sec. 59-A-2.1: Home occupation includes profession- CONTINUE to permit home occupations
tions (uses) als (lawyer, accountant, architect, engineer, or veteri- CONSIDER expanding permitted home
narian) who reside in the dwelling unit in which the occupations uses to include light crafts-
office is located. Does not include bed-and-break- man uses, service uses (hairstylist, day
fast, boardinghouse, day care facility, display of care, etc)
furniture not made in the home, landscape contrac-
tor, private educational institution, tourist home, or
repair & maintenance of motor vehicles.
59-A-3.4, 59-A-6.1, 59-G-2.29: No impact home oc-
cupations permitted by right in residential districts
(not >5 visits per week, no nonresidential employ-
ees, no adverse impacts; Registered uses permitted
by right but have to register; major home occupa-
tions permitted by special exception (don't meet 3.4
& 6.1, so have to meet special exception provisions
in 59-G-2.29)

Permit craftsman Zoning 1 TND-Com 59-C-5.21 I-4 Low intensity, light industrial district PERMIT small scale craftsman industrial Roanoke, VA
industry in mixed (uses) Sub-Com permits less volatile industrial uses, but uses are with development standards in mixed
use/commercial Urban too permissive to be located adjacent to mixed-use use areas and corridors
areas Campus areas
Industrial jobs Zoning 1 TND-Com 59-C-5.21 I-4 Low intensity, light industrial district PERMIT and MAP craftsman industrial Roanoke, VA
located close to (districts, Sub-Com permits less volatile industrial uses, but uses are and small scale, non-noxious, green-
housing uses) Urban still a little too permissive to be located adjacent to friendly industry in districts adjacent to
Campus mixed-use areas residential
Eco-industrial Zoning 3 Urban INCENTIVIZE eco-industrial districts by Eastville, VA;
districts (uses) Campus providing assistance with location of http://gei.
industries that utilize each other ucsc.edu/
eco-industri-
al_parks.html
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 17

BUILDINGS AND NEIGHBORHOODS

Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
OPEN SPACE
Private open Zoning (de- 1 All Most commercial and residential zones set a mini- LIMIT impervious surfaces in the defini-
space velopment mum amount of open space or "green area"; Larger tion of "green area"
standards) commercial and industrial uses generally have a CONTINUE to require adequate amounts
higher minimum % of required green area; In- of green area for single family residential
creased density for residential often requires higher and commercial areas
minimum % of required green area CONSIDER reducing the amount of
59-A-2.1: Current definition of green area includes: green area required for denser housing
lawns, decorative plantings, sidewalks, walkways, types; when possible, do not correlate
active/passive recreational areas including children's increased green area with increased
playgrounds, public plazas, fountains, swimming density
pools, wooded areas, watercourses
59-C-1.34: R-T districts require 50% green area,
except R-T 15.0 which requires 30%
59-C-1.627: For R-200, R-150, R-90, R-60, townhouse
uses must provide 2000 square feet of green area
per unit
HOUSING
Housing diversity Zoning 1 Sub-Res 59-C-1.31: R-40 permits 1 family semi-detached & PERMIT a variety of lot sizes and build- LEED-ND
(districts) TND-Res 2-family detached 59-C-1.53: R-60 & R-90 permit ing styles in residential districts; Cater (NPD C4);
townhouses development standards to context area Rocky Moun-
59-C-1.71: Sf permitted in R-T t'house districts (ie varying single family in Rural, differ- tain Land
59-C-10: Residential Mixed Use Districts permit a ent density levels including some town- Use Institute
variety of building types, such as single-family at- house/multifamily in Sub-Res, TND-Res) Sustainable
tached and detached and multifamily Code; Austin,
TX
Accessory apart- Zoning 1 Rural 59-C-9.3, 59-G-2: Up to 4 accessory dwellings CONTINUE to permit up to 4 accessory Portland, OR;
ments in acces- (uses, de- Sub-Res permitted with Special Exception in Rural, RC, LDRC, dwellings in accessory structure for Seattle, WA
sory structure velopment TND-Res RDT, RS, RNC districts (ag uses only) worker housing in Rural/Ag districts
standards) 59-G-2.00: Accessory Apartments permitted in exist- (Rural areas)
ing accessory structures constructed before 1983, in PERMIT an accessory apartment in
structures constructed after 1983 but only to house Sub-Res and TND-Res in or above rear
caregiver; Accessory apartment must be 50% less in accessory structure. Require acces-
floor area than principal structure or 2,500 square sory apartment to be less than half the
feet, whichever is less square footage of the principal structure
59-A-2, 59-C-10: Carriage house permitted attached or 2,500 square feet, whichever is less,
to main dwelling or as accessory structure in Resi- and with a rear or side entrance
dential Mixed Use Districts; Must be less than 800
square feet or 1/3 the floor area of main dwelling
18 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

BUILDINGS AND NEIGHBORHOODS

Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
Accessory apart- Zoning 1 Rural 59-C-1.31, 59-C-9.3: Permitted with Special Excep- CONTINUE to permit 1 accessory apart-
ments in princi- (uses, de- Sub-Res tion in RE-2, RE-2C, RE-1, R-200, R-150, R-60, R-90, ment with Special Exception within the
pal structure velopment TND-Res RMH-200, Rural, RC, LDRC, RDT, RNC, RNC/TDR (all principal structure in all single-family
standards) single-family districts) districts; Accessory apartment should be
59-A-2, 59-C-10: Carriage house permitted at- less than half the square footage of the
tached to main dwelling or as accessory structure principal structure or 2,500 square feet,
in Residential Mixed Use Districts; Must be less than whichever is less, and with a rear or side
800 square feet or 1/3 the floor area of the main entrance
dwelling
Affordable hous- Zoning 1 Sub-Res MPDU program gives density bonus of up to 22% for
ing (MPDU TND-Com including 12.5-15% affordable housing for projects
Program) Sub-Com over 20 units
TND-Com
Urban
BUILDINGS
LEED-Certified Zoning (de- 3 All 8-49: county buildings (owned by county for at least PROVIDE incentives (such as fast track Aspen and
buildings velopment 30%) must be LEED-Silver permitting) for buildings that achieve Pitkin County,
standards) 59-C-15.81: CR Zones give incentive density for LEED certification (or incorporate com- CO; Seattle,
those buildings achieving LEED certification (10% parable sustainable features) WA; LEED-ND
for LEED Silver, 20% for LEED Gold, 30% for LEED (GIB P1)
Platinum)
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 19

BUILDINGS AND NEIGHBORHOODS

Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
WALKABILITY
Design for walk- Zoning (de- 1 Sub-Com 59-C-7.5: Mixed Use Neighborhood district requires REQUIRE build-to lines in walkable areas LEED-ND
able commercial velopment TND-Com parking away from street frontage, in interior of lot REQUIRE a minimum percentage of (NPD C1 Walk-
(build to lines, standards) Urban 59-C-7.7: Mixed Use Planned Dev't landscape to building frontage along the street in able Streets);
storefronts, screen parking walkable areas Chicago P
parking in rear, 59-C-11: Mixed Use Town Center building faade lo- PROHIBIT parking in front of the build- Streets; Wash-
minimum build- cated 0-10' from lot line, at least 75% building front- ing in walkable locations ington DC &
ing frontage, age along one street, ground floor portion of any REQUIRE developers to utilize alley Forsyth GA
limit curb cuts) street facade in a non-residential development must access in lieu of driveways when alley
have windows and principal entrances to stores and access is available (in all districts)
retail establishments from the adjoining sidewalk or PERMIT a maximum of 1 curb cut per lot
public use space in mixed-use commercial areas when
59-C-13: Transit Oriented Mixed Use Zones side or alleys are not available
rear off-street parking, orient buildings to street, REQUIRE transparency on the ground
avoid blank facades floor in pedestrian-oriented mixed-use
59-C-15.65: CR Zones - if a site is adjacent to an alley, areas
the primary vehicular access to a parking facility
must be from that alley; Curb cuts must be kept to a
minimum
Curb cuts not limited in Road Code
Drive throughs Zoning (de- 1 Sub-Com 59-C-6.22 7: Drive throughs prohibited in CBDs PROHIBIT drive-throughs in key walk- Chicago P
velopment TND-Com 59-C-15.65: CR Zones permit drive throughs but able areas Streets; Ar-
standards) Urban no on front or corner side of building and, if drive REQUIRE development standards for lington, VA
through is present, size of curb cuts limited to 20' for drive-throughs in other areas, such as lo-
2-way traffic and 10' for 1-way traffic cation on the side or rear of the building
and screening from residential uses

STORMWATER
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
RETENTION METHOD: INFILTRATE STORMWATER
Green roofs Zoning (de- 1 All Section 5.3, A-1 of MD Stormwater Manual ENCOURAGE green roofs County's Rainscapes Re-
velopment as an acceptable micro scale practice for on high density buildings wards program gives up to
standards) ESD (M-5); design standards provided which have little oppor- $1,200 per SF lot, $5,000 per
tunity for green space on other lot, $2,200 per SF lot
the ground (Urban areas) in a targeted area (degraded
REVISE definition of green watershed) for use of green
area to include green roof
roofs
20 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

STORMWATER
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
Tree canopy cover for inter- Zoning 1 All SEE TREE CANOPY County's Rainscapes Re-
ception and evapotranspira- (landscape) wards program gives up to
tion $1,200 per SF lot, $5,000 per
other lot, $2,200 per SF lot
in a targeted area (degraded
watershed) for creation of
new tree canopy coverage
Vegetated stormwater plant- Zoning 1 TND-Com Micro bioretention practices (including
ers (parking) Sub-Com stormwater planters) included in MD
Urban Stormwater Manual, Chapter 5, as an ac-
Campus ceptable micro scale practice for ESD (M-5);
design standards provided
Parking lot stormwater filtra- Zoning 1 All 59-E-2.74: Islands at head of parking REQUIRE islands between
tion (parking) spaces must be minimum 8' wide, while bays of parking to provide
islands parallel to parking spaces must be stormwater planters that
minimum 8 1/2' wide will filter and infiltrate
stormwater off paving
surfaces
RETENTION METHOD: REUSE STORMWATER
Reuse of stormwater for Zoning (de- 1 All 59-C-1.326: Cisterns/rainbarrels not in- PERMIT cisterns/rainbar- County's Rainscapes Re-
irrigation velopment cluded in definition of accessory structure rels expressly as accessory wards program gives up to
standards) for setback structure in rear or side $1,200 per SF lot, $5,000 per
59-C-5.434. Enclosed building and tempo- yards as long as setback other lot, $2,200 per SF lot
rary outdoor storage does not expressly requirements are met in a targeted area (degraded
permit expressly cisterns/rainbarrels watershed) for use of green
Rainwater harvesting included in MD roof
Stormwater Manual, Chapter 5, as an ac-
ceptable micro scale practice for ESD (M-5);
design standards provided
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 21

STORMWATER
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
RETENTION METHOD: LIMIT IMPERVIOUS AREAS
Permeable pavement Zoning 1 All No mention of permeable pavement in PERMIT the use of perme- City of Chi- County's Rainscapes Re-
(parking), 59-E. Parking; 59-C-1.353. Streets; 59-C- able pavement (asphalt, cago Green wards program gives up to
7.58. Parking facilities; 59-C-7.772. Surface concrete, pavers) for Alley program; $1,200 per SF lot, $5,000 per
parking parking lots and residen- Portland other lot, $2,200 per SF lot
Included in Section 5.3, A-2 of MD Storm- tial driveways and patios Green Streets in a targeted area (degrad-
water Manual program ed watershed) for use of
permeable pavers
Parking lot pavement Zoning 1 TND-Com 59-E-2.41: All driveways must have mini- LIMIT size of parking
(landscape, Sub-Com mum 10' width for 1-way traffic, 20' width lot drives and parking
parking) Urban for 2-way traffic spaces. SEE PARKING to
Campus reduce required number
of spaces and size of park-
ing spaces
Driveway width Zoning 1 All 59-E-2.41: All driveways must have mini- LIMIT driveways to 11'
(parking) mum 10' width for 1-way traffic, 20' width wide in areas 1,2,3 within
for 2-way traffic the front yard zone
59-C-15.65: CR Zones - If drive-through is LIMIT driveways to 22'
incorporated, maximum 20' driveway for wide in areas 4,5,6,7,
2-way traffic, 10' driveway for 1-way traffic except in industrial areas
(30')
ALLOW driveways to
incorporate a center land-
scape area to decrease
impervious area
ALLOW driveways to
utilize reinforced grass
paving
Additional areas of impervi- Zoning (de- 1 All 59-A-2.1: Current definition of green area LIMIT impervious surfaces
ousness velopment includes: lawns, decorative plantings, side- in "green areas" of lots
standards) walks, walkways, active/passive recreation-
al areas including children's playgrounds,
public plazas, fountains, swimming pools,
wooded areas, watercourses
22 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

PARKING
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
LIMIT REQUIREMENTS FOR OFF-STREET PARKING
Appropriate minimum Zoning 1 All 59-E-3: Existing minimum parking require- REEVALUATE minimum San Francisco - Rincon
parking requirements by (parking) ments parking requirements to Hill; Rocky Mountain
use and context area ensure that an appropri- Land Use Institute Sus-
ate amount of parking is tainable Code
being provided per use &
context area
On-street parking credit Zoning 1 TND-Com 59-C-18.185: In the course of site plan review, PERMIT non-residential Olympia, WA
towards parking require- (parking) Sub-Com Planning Board may allow some on-street on-street parking to
ment Urban parking to fulfill requirement for off-street count toward parking
Campus parking to enhance compatibility, provide requirement
additional green space and reduce impervious
coverage
For home occupations, bed & breakfasts, &
accessory apartments, Board may allow use of
on-street parking in lieu of providing on-street
parking (59-G-2.00(c), 59-G-2.09.2(f ), 59-G-2
.29(j)(2))
Lower requirements for Zoning 1 TND-Com 59-E-3.2, 59-E-3.33: Parking requirements in CONTINUE lower mini- Pasadena, CA; Rocky
proximity to transit (parking) Sub-Com proximity to Metro station are reduced for mum parking within 0.3 Mountain Land Use Insti-
Urban commercial, with one standard for <800' and mile of public transit tute Sustainable Code
Campus another for 800'-1600' from the station (15%) station, suggest maxi-
59-E-3.33: SF attached and MF uses are mum parking at 75% of
granted up to 10% reduction if within CBD or traditional minimum
transit station dev't area, 5% if located within CONSIDER eliminat-
Metro station area (1600') ing minimum parking
59-C-15.65 CR Zones include lower parking requirements for higher
standards for proximity to transit density, more walkable
areas (TND-Com, Urban)
Public parking credit to- Zoning 1 TND-Com 59-E-3.1: Board of Appeals may reduce park- PERMIT public parking Durham, NC; Rocky
wards parking requirement (parking) Sub-Com ing requirement in areas where public parking spaces to count toward Mountain Land Use Insti-
Urban is available or when the meeting center will be minimum parking tute Sustainable Code
Campus utilized only by other commercial or industrial requirement at a rate of 1
uses which are located within 800' of meeting credit per 3 public park-
center and provide their own parking space ing spaces within 800'
 ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 23

PARKING
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
Shared parking Zoning 1 TND-Com 59-C-11.6: MXTC zone: Off-street parking for CONTINUE to permit one Pasedena, CA; Rocky
(parking) Sub-Com two or more properties may be grouped to facility to serve multiple Mountain Land Use In-
Urban serve more than one lot or establishment users when peak demand stitute Sustainable Code;
Campus pursuant to Section 59-E-3.4 differs between the users; Chapel Hill, NC
59-E-3.4 permits joint parking agreements EXPAND where this is
permitted
Cooperative parking Zoning 1 TND-Com 59-E-3.1: Mixed use developments may reduce PERMIT a reduction of Berkeley, CA; Rocky
(parking) Sub-Com the amount of required parking by applying nonresidential parking Mountain Land Use Insti-
Urban different % for different uses requirements for 2 or tute Sustainable Code
Campus more users (within 500' of
each other) with different
peak parking periods who
share parking facilities
Share-a-ride program Zoning 1 TND-Com 59-E-3.31: 15% parking reduction for par- CONTINUE to offer a
(parking) Sub-Com ticipation in county ridesharing assistance reduction in parking for
Urban program (Silver Spring, Bethesda, and big participation in the Share-
Campus employment centers); Other areas not covered a-ride program
by the program may reduce parking by writ-
ten agreement
Carsharing Zoning 1 All 59-C-15.65: CR Zones - every car-share space PERMIT reduction in San Francisco, CA; Austin, 18A-22: Sustain-
(parking) provided reduces total required spaces by required parking by 6 TX; Rocky Mountain Land ability Working
6 spaces for non-residential or 3 spaces for spaces for non-residential Use Institute Sustainable Group directed to
residential and 3 spaces for resi- Code investigate carshare
dential per designated program for county
carshare space
Parking reduction for Zoning 1 TND-Com 59-E-3.31: 1-15% reduction in parking may be CONTINUE to offer a
private incentives (parking) Sub-Com approved for private incentives (including car- reduction in parking for
Urban pool, shuttle, transit pass discount programs) private incentives, and
Campus make them by right (not
discretionary)
Car-free housing Zoning 2 TND-Com County Council supportive of car-free living, PERMIT car-free housing Rocky Mountain Land
(parking) Sub-Com has agreed to give developers discounts to within 1/4 mile of public Use Institute Sustainable
Urban build dense developments near transit sta- transit, approval requires Code; Vienna
Campus tions as long as they also construct bike paths provisions for bike park-
and walkways, put shops and other ameni- ing and car-share
ties nearby, and use environmentally friendly
construction methods
24 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

PARKING
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
REDUCE FOOTPRINT OF OFF-STREET PARKING
Maximum limits for park- Zoning 1 TND-Com 59-C-15.65: CR Zones in transit proximity area REQUIRE parking maxi- Seattle, WA; San Francis-
ing (parking) Sub-Com - maximum number of parking spaces allowed mums consistent with co, CA; Portland, OR; San
Urban for general retail and restaurant uses is 4 level of development, Antonio, TX; Chapel Hill,
Campus spaces for every 1,000 square feet suggest 110% of mini- NC; Rocky Mountain Land
mum requirement Use Institute Sustainable
Code
Bicycle parking spaces for Zoning 1 TND-Res 59-E-2.3: If more than 50 parking spaces, 1 REQUIRE 1 bicycle space Seattle, WA; San Fran-
multi-family units (parking) TND-Com bicycle parking space required for every 20 per every 2 required auto cisco, CA; Portland, OR;
Urban atuo spaces; Not more than 20 bicycle parking spaces for multifam- LEED-ND (NPD Credit 5:
spaces required for any one facility ily buildings containing Reduced Parking Foot-
59-C-15.64 CR Zones At least 0.5 bicycle park- more than 8 units print), San Francisco-
ing spaces per dwelling unit, not to be fewer Rincon Hill; Chapel Hill,
than 4 spaces and up to a maximum of 100 NC
required spaces
Bicycle parking spaces for Zoning 1 TND-Com 59-E-2.3: If more than 50 parking spaces, 1 REQUIRE bicycle spaces San Francisco, CA,
businesses (parking) Sub-Com bicycle parking space required for every 20 based on number of Portland, OR; Seattle, WA;
Urban atuo spaces; Not more than 20 bicycle parking employees and require 1 LEED-ND (NPD Credit 5:
Campus spaces required for any one facility bicycle parking space for Reduced Parking Foot-
59-C-15.64 CR zones require 2 bicycle spaces every 10 required auto print); Chapel Hill, NC
for the first 10,000 square feet plus 1 addi- spaces
tional space for every additional 10,000 square EXPAND districts that
feet, up to maximum of 100 spaces require bicycle parking
to encompass most com-
mercial areas
Increase amount of per- Zoning 1 TND-Com 59-E-2.22: Small car spaces (7.5' x 16.5') PERMIT small car spaces Dallas, TX
mitted small car parking (parking) Sub-Com permitted by director/board for up to 10% of for up to 40% of all spaces
spaces Urban spaces, but only where configuration of site by right
Campus prevents using standard size
Dual use for all surface Zoning 2 All PERMIT dual uses includ-
parking lots (parking) ing Farmers Markets and
Art Fairs
REQUIRE accessible power
outlets for temporary
uses
 ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 25

PARKING
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
MATERIALS
Recycled materials Zoning 2 All REQUIRE new paving to City of Chicago
(parking) use recycled material,
suggest 20%
Regional materials Zoning 2 All REQUIRE new paving LEED-NC
(parking) materials to be extracted
and manufactured within
500 miles
26 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

TREE CANOPY AND HEAT ISLAND

Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
REQUIRE NEW TREES
Parking lot tree cover- Zoning 1 All 59-E-2.71: Minimum of 5% of parking INCREASE minimum shade tree cov- LEED-ND (GIB
age (shade) (landscape) lot must be landscaped with shade erage to 30% of parking lot surfaces Credit 9), Ur-
trees; Islands at head of parking spaces ban Horticul-
must be minimum 8' wide, while ture Institute,
islands parallel to parking spaces must Cornell
be minimum 8 1/2' wide University
59-C-18.232: Rural Village Center Over-
lay - at least 30% of parking lot must be
shaded by trees - calculate using tree
crown area after 15 yrs
59-C-15.869: CR Zones - Tree Canopy
- 25% coverage at 15 yrs, 50% cover-
age at 15 yrs get varying amounts of
density incentive
59-E-2.71: Adjacent to ROW, must have
10' landscape strip w/shade trees every
40' & evergreen hedge at least 3' in
height; Adjacent to other property,
must have 4' landscape strip w/shade
trees every 40'. Support for 30% in Ta-
koma/Langley, Twinbrooks, & Wheaton
CBD master plans
Private parcel tree Zoning 3 All REQUIRE a level of tree canopy Rocky Moun-
canopy requirements (landscape) coverage for all parcels tain Land
Use Institute
Sustainable
Code
IMPERVIOUSNESS & REFLECTIVITY
Require reflective Zoning 1 All 5.6.4 of MD Stormwater Manual - In REQUIRE all pavement surfaces to LEED-ND
pavement surface on (parking) thermally-sensitive watersheds, de- have a Solar Reflective Index of 29 (GIB Credit 9);
driveways, parking lots, signers should consider using materials or greater SmartCode
alleys with SRI values greater than 29 (see Sustainable
Table 5.9) for paving and steep-sloped Urbanism
(2:12) roofing Module
 ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 27

TREE CANOPY AND HEAT ISLAND

Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
Roof surfaces Zoning (de- 1 All REQUIRE reflective roof surfaces on LEED-ND
velopment all buildings. For flatter roofs, the (GIB Credit 9);
standards) Solar Reflective Index rating should SmartCode
be minimum of 78. For sloped roofs, Sustainable
the Solar Reflective Index can be Urbanism
lower, with a minimum of 29 Module
Un-used parking lot Zoning 1 TND-Com 59-E-2.71: Minimum of 5% of parking REQUIRE all parking lot areas that
areas (landscape, Sub-Com lot must be landscaped with shade are not required drive or parking
parking) Urban trees; Islands at head of parking spaces space to be landscape area
Campus must be minimum 8' wide, while
islands parallel to parking spaces must
be minimum 8 1/2' wide
59-C-18.232: Rural Village Center Over-
lay - at least 30% of parking lot must be
shaded by trees - calculate using tree
crown area after 15 yrs
59-C-15.869: CR Zones - Tree Canopy
- 25% coverage at 15 yrs, 50% cover-
age at 15 yrs get varying amounts of
density incentive
59-E-2.71: Adjacent to ROW, must have
10' landscape strip w/shade trees every
40' & evergreen hedge at least 3' in
height; Adjacent to other property,
must have 4' landscape strip w/shade
trees every 40'. Support for 30% in Ta-
koma/Langley, Twinbrooks, & Wheaton
CBD master plans
Require parking lot Zoning 1 TND-Com 59-E-2.71: Minimum of 5% of parking SEE STORMWATER Rocky Moun-
landscape island divi- (parking) Sub-Com lot must be landscaped with shade tain Land
sions Urban trees; Islands at head of parking spaces Use Institute
Campus must be minimum 8' wide, while Sustainable
islands parallel to parking spaces must Code
be minimum 8 1/2' wide
Limit driveway and Zoning 1 All SEE STORMWATER
parking surface areas (parking)
28 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

ENERGY
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
DISTRICT ENERGY
District generation Zoning 1 All 59-C-7.50(h): MXPD zone's objectives in- ALLOW use in all districts; no build- Smart Code
facilities: geothermal clude encouraging cooperatives for energy ing required. Permit in open space Sustainable
production and heating with an easement Urbanism
59-C-15.86: CR Zones - Provision of renew- Module
able energy generation facilities on-site or
within mile of the site for a minimum of
2.5% of the projected energy requirement
(density incentive)
District generation Zoning 1 All 59-C-15.86: CR Zones - Provision of renew- ALLOW use in all districts Smart Code
facilities: nonrenew- able energy generation facilities on-site or REQUIRE similar building style to fit Sustainable
able and renewable within mile of the site for a minimum of within context Urbanism
requiring above ground 2.5% of the projected energy requirement CREATE incentives for areas served Module
structure (density incentive) by district generation facilities inte-
grated with power grid
WIND
Wind turbines on resi- Zoning 1 Rural ALLOW turbines roof-mounted Chicago, IL; 18A-11: Clean Energy Rewards
dential lots Sub-Res (suggest 15' or less in height Minneapolis, Program provides incentive
TND-Res without special exception and MN; Rocky of $0.005/kwh for provid-
special exception for up to 30' (roof- Mountain ers of clean energy; Cap of
mounted)) Land Use Insti- 20,000 kwh for residential and
LIMIT noise (suggest not to exceed tute Sustain- 400,000 kwh for commercial
60dBA at nearest dwelling) able Code
REQUIRE equivalent setbacks from
side property lines, centering the
unit on the property and minimum
15' setback from the front building
face
Wind turbines on com- Zoning 1 TND-Res PERMIT in TND-Res, Sub-Com, AWEA Model 18A-11: Clean Energy Rewards
mercial and multifamily Sub-Com TND-Com, Urban, & Campus areas, Zoning Ordi- Program provides incentive
lots TND-Com limit height (suggest 40' above roof, nance, Plan- of $0.005/kwh for provid-
Urban ground mounted height propor- ning Practice, ers of clean energy; Cap of
Campus tional to lot size up to 80') "Urban Wind 20,000 kwh for residential and
LIMIT noise (suggest not to exceed Turbines" IEE 400,000 kwh for commercial
60 dBA at nearest dwelling) 2007 www.
REQUIRE location of turbines near urbanwind.org
center of building when applicable
 ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 29

ENERGY
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
Wind and solar farms Zoning 1 Rural PERMIT the development of wind RMLUI;
(uses) Campus and solar farms in complementary American
agricultural, infrastructure, or indus- Wind Energy
trial districts Association;
REQUIRE setback of at least 1,000' Manitowoc
for wind farms County, WI
SOLAR
Solar panels in residen- Zoning 1 Rural 59-C-1.326: Permitted in certain residential ALLOW flush-mounted system in all Piedmont, CA; 18A-11: Clean Energy Rewards
tial districts Sub-Res districts (RE-21,RE-2C1,RE-11,R-200,R-1503- residential districts Seattle, WA; Program provides incentive
TND-Res ,R-90,R-60,R-402,R-4), 20' height limit for PERMIT maximum mounting height Rocky Moun- of $0.005/kwh for provid-
accessory structure providing solar energy of one end of system when not vis- tain Land ers of clean energy; Cap of
ible from any street (not alleys) Use Institute 20,000 kwh for residential and
PROHIBIT shading of solar panels Sustainable 400,000 kwh for commercial
by new trees after the panels have Code
been installed
Solar panels in com- Zoning 1 Sub-Com ALLOW in all districts Seattle, WA;
mercial and industrial TND-Com Rocky Moun-
districts Urban tain Land
Campus Use Institute
Sustainable
Code
BUILDING
Shading of glazing Zoning 2 All REQUIRE shading of high levels of SmartCode
glazing on all building faces except Sustainable
north, via roof overhangs, awnings, Urbanism
screens Module,
LEED-ND(GIC
Credit 1:
Certified Green
Buildings, GIB
Credit 2: Build-
ing Energy
Efficiency)
30 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

ENERGY
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
Operable windows Zoning 3 All REQUIRE percentage of operable Smart Code
windows on all buildings, such as Sustainable
20% of windows per building face Urbanism
Module,
LEED-ND(GIC
Credit 1:
Certified Green
Buildings, GIB
Credit 2: Build-
ing Energy
Efficiency)

FOOD PRODUCTION
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
LIVESTOCK
Raising female Zoning 1 Rural 59-C-1.326, 59-C-9.45: "Agricultural" use permit- DEFINE agricultural uses to include Missoula, MT; San
chickens, other (uses) Sub-Res ted in rural and most single family residential raising female chickens, other fowl, Francisco, CA; Ho-
fowl, and rabbits TND-Res districts (agriculture is defined, but not ag and rabbits nolulu, HI; Madison,
(TND-Com, uses); Accessory structure to house animals ALLOW in residential districts: 1) WI; Seattle, WA;
Urban?) must be 25' from lot line & 100' from dwelling Limit 3 animals per lot in TND- Ann Arbor, MI
on another lot Res, TND-Com, & Urban areas & 6
animals per lot in Rural (residential
not agricultural lots), Sub-Com
areas; 2) Must be penned; 3) Any
coop or structure in which a bird is
kept must be 20' from a neighbor-
ing residence (change from current
100')
Raising goats Zoning 1 Rural 59-C-1.326, 59-C-9.45: "Agricultural" use permit- DEFINE agricultural uses to include Morgan Hill, CA;
(uses) Sub-Res ted in rural and most single family residential raising goats Seattle, WA
TND-Res districts (agriculture is defined, but not ag ALLOW in residential districts: 1)
uses); Accessory structure to house animals Limit 1 animal per lot in TND-Res
must be 25' from lot line & 100' from dwelling areas & 3 animals per lot in Rural
on another lot (residential, not agricultural lots),
Sub-Com areas; 2) Must be penned;
3) Any structure in which an animal
is kept must be 25' from a neighbor-
ing residence (change from current
100'); 4) prohibit slaughtering
ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 31

FOOD PRODUCTION
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
Raising farm ani- Zoning 1 Rural 59-C-1.326, 59-C-9.45: "Agricultural" use permit- DEFINE agricultural uses to include Redwood City, CA;
mals (cow, horse, (uses) Sub-Res ted in rural and most single family residential raising farm animals (cow, horse, Seattle, WA
sheep, pig) TND-Res districts (agriculture is defined, but not ag sheep pig)
uses); Accessory structure to house animals ALLOW in residential districts: 1)
must be 25' from lot line & 100' from dwelling Limit 1 per 20,000 sf (or 1/2 acre); 2)
on another lot Must be penned; 3) Any structure
in which an animal is kept must be
40' to 100' from a neighboring resi-
dence; 4) prohibit slaughtering
Beekeeping Zoning 1 Rural 59-C-1.326, 59-C-9.45: Permitted as "agricultur- ALLOW beekeeping in residential Honolulu, HI;
(uses) Sub-Res al" use in rural and most single family residen- districts: 1) maximum 2 hives; 2) Seattle, WA; Ann
TND-Res tial districts (agriculture is defined, but not ag must be in rear 1/3 of lot; 3) 5' Arbor, MI
(TND-Com, uses); Accessory structure to house animals setback from rear/side lines; 4) 6' fly-
Urban?) must be 25' from lot line & 100' from dwelling over barrier required; 5) no outdoor
on another lot storage of bee paraphernalia
GARDENS
Community Zoning 1 All No standards defined ALLOW community gardens within Seattle, WA; Min- Community gardens/
gardens (uses) most open space zones neapolis, MN; open space not defined
PERMIT open space and community LEED-ND (NPD in existing code, no regu-
gardens to count toward green Credit 13: Local lations about whether
area/permeable requirements Food Production); they qualify as green
St. Petersburg, FL space or types of activi-
ties permitted
Residential veg- Zoning 1 Rural Definition of green area does not include veg- ALLOW vegetable gardens in side LEED-ND (NPD
etable gardens (uses) Sub-Res etable gardens yards (amend definition of green C13); Rocky
in side yards TND-Res area to include vegetable gardens). Mountain Land Use
Covenants may not restrict. Institute Sustain-
able Code
Solar access to Zoning (de- 2 TND-Res LIMIT shading of south yards for Ashland, OR; Boul-
backyard area on velopment small-lot development (if blocking der, OR; Clackamas,
small lots standards, solar access with trees with mature OR
landscape) heights of 25' or greater)
32 SUSTAINABILITY AUDIT 4/12/10 ZONING MONTGOMERY

FOOD PRODUCTION
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
FOOD SALES
Farmers' Markets Zoning 1 Rural 59-C-1.31: Country market a Special Exception ALLOW Farmer's Markets in noted Minneapolis, MN;
(uses) Sub-Res in some residential zones and not allowed in context areas as well as open space LEED-ND (NPD
TND-Res higher density zones and civic districts Credit 13: Local
TND-Com SEE PARKING for provisions for dual Food Production),
Urban use parking lots Rocky Mountain
Land Use Institute
Sustainable Code
Farm stand in Zoning 1 Rural ALLOW with permit, no permanent Rocky Mountain
residential areas (uses) Sub-Res structures, setbacks from front Land Use Institute
(selling) TND-Res property line, comply with health Sustainable Code
standards
Fruit bearing Zoning 1 All PERMIT fruit bearing trees to be Yoshino Cherry tree
trees in lieu (landscape) used in lieu of shade tree require- and Callery Pear tree
of shade tree ments included in permitted
requirements tree list

LIGHTING
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
LIGHTING
Control lighting Zoning 2 TND-Com 59-F-4 Permanent Signs: Requires enclosed lamp design or REQUIRE that exterior lighting IDA Lighting
of signage (signage) Sub-Com indirect lighting from shielded source that prevents glare for signage is down directed, Code Hand-
Urban beyond property line shielded and includes lamp book; Tuscon,
Campus 59-F-4.1(e)(5) Illumination of Signs near Residential: Any sign type standards. Exemptions for AZ; Flagstaff,
on lot/parcel within 150' of residential use has a maximum of certain types of signs including AZ
100 sf and must be illuminated only during hours of public temporary and holiday
business
 ZONING MONTGOMERY 4/12/10 SUSTAINABILITY AUDIT 33

WASTE REDUCTION
Sustainability Code Priority Applicable
Objective Section Level Context Existing Code Recommended Changes References Notes
CONSTRUCTION WASTE
Expand permit- Zoning 1 TND-Com Construction debris reclamation facility permit- PERMIT construction debris recla-
ted locations (uses) Sub-Com ted only in I-2 (59-C-5.21) & RS (Rural Service, mation/reuse/recycling centers in
for construction Campus 59-C-9.3) expanded industrial and commer-
debris reclama- cial locations with development
tion facility standards when appropriate
SMALL SCALE REUSE & RECYCLING
Expand permit- Zoning 1 Sub-Res Recycling facility permitted only in I-1, I-2, I-4 PERMIT small-scale recycling col- LEED-ND (GIB
ted locations for TND-Res (59-C-5.21) lection centers with development Credit 16); Dallas,
recycling facility Sub-Com standards in or adjacent to residen- TX; Richmond CA
TND-Com tial areas (Sub-Com, TND-Com)
Reuse of existing Zoning 3 All 50-29(b)(2): Houses greater than 5,000 sf are CONSIDER incentives for re-use or LEED-ND (GIB
buildings subject to Resubdivision Criteria expansion of existing buildings Credit 5 and Credit
59-C-15.84 CR District provides density incen- (Building Code, permit fee waivers) 6); Los Angeles, CA:
tive for building adaptive buildings that can PERMIT houses greater than 5,000 Adaptive Reuse
adjust to diverse uses over time sf to be reused as senior housing, Ordinance
duplexes, or triplexes without being
subject to Resubdivision Criteria (in
Sub-Com, TND-Com)