March 11, 2011

Planning Board Draft CR Zones ZTA

“Clean” version with all proposed amendments incorporated and formatted as of March
11, 2011.

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1 DIVISION 59-C-15. COMMERCIAL/RESIDENTIAL [] ZONES

2
3 59-C-15.1. Zones Established.
4
5 59-C-15.11. The Commercial/Residential zones are established as combinations of a zone
6 category and a sequence of 4 factors: maximum total floor area ratio (FAR), maximum non-
7 residential FAR, maximum residential FAR, and maximum building height.
8
9 (a) There are three commercial/residential (CR) categories with variable uses, density and
10 height limits, general requirements, development standards, and public benefit
11 requirements to respond to different settings. These zone categories are:
12
13 (1) CR Neighborhood (“CRN”);
14
15 (2) CR Town (“CRT”); and
16
17 (3) CR Metro (“CR”).
18
19 (b) The CR category is followed by a number and a sequence of three additional symbols: C,
20 R, and H, each followed by a number where:
21
22 (1) the number following the CR category is the maximum total FAR;
23
24 (2) the number following the “C” is the maximum non-residential FAR;
25
26 (3) the number following the “R” is the maximum residential FAR; and
27
28 (4) the number following the “H” is the maximum building height in feet.
29
30 (c) The Commercial/Residential Zones will be applied on the zoning map that will show, for
31 each property classified under a CR zone, the zone category and the four regulated factors
32 (total, non-residential, and residential density and height).
33
34 (d) This Division uses examples and illustrations to demonstrate the intent of the CR zones.
35 These examples and illustrations do not add, delete, or modify any provision of this
36 Division.
37
38
39

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40 59-C-15.12. Density and Height Allocation.

41
42 59-C-15.121. Density and Height Limits.
43
44 (a) Each unique sequence of CRN, CRT, or CR, and C, R, and H is established as a zone
45 under the following limits:
46
Category Max Total FAR Max C or R FAR Max H
CRN 0.5 to 1.5 0.25 to 1.5 40 to 65
CRT 0.5 to 4.0 0.25 to 3.5 40 to 150
CR 0.5 to 8.0 0.25 to 7.5 40 to 300
47
48 (b) Zones may be established and mapped at densities in increments of 0.25 and heights in
49 increments of 5 feet within the ranges indicated in the table.
50
51 Example: Under the provisions of Sections (a) and (b), above, the CRN zones may establish maximum
52 total densities of 0.5, 0.75, 1.0, 1.25, or 1.5 FAR and maximum heights of 40, 45, 50, 55, 60, or 65. The
53 range of densities and heights from which the various CRN zones can be established and mapped
54 provides guidance to master planners and the County Council in setting zones, and allows a developer to
55 build at any height and density up to the maximum established on the zoning map. For example, a
56 property owner whose land is zoned at CRN1.0 C0.5 R1.0 H45 could elect to build at a 1.0 FAR with a
57 height of 35 feet.
58
59 59-C-15.122. Density Averaging.
60
61 Permitted density may be averaged over 2 or more directly abutting or confronting properties in
62 one or more CRN, CRT, or CR zones, provided that:
63
64 (a) the properties are subject to the same site plan or sketch plan;
65
66 (b) the resulting lots or parcels are created by the same preliminary subdivision plan or
67 satisfy a phasing plan established by an approved sketch plan;
68
69 (c) the maximum total, non-residential, and residential density limits apply to the entire
70 development, not to individual lots or parcels;
71
72 (d) no building may exceed the maximum height set by the zone;
73
74 (e) uses are subject to the provisions of the zone category; and

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75 (f) the total allowed maximum density on a resulting lot or parcel that is adjacent to or
76 confronting a lot or parcel in an applicable residential zone may not exceed that allowed
77 by the zone.
78
79 59-C-15.13. Applicability.
80
81 The CRN, CRT, and CR zones can only be applied when specifically recommended by an
82 approved and adopted master or sector plan and only by sectional map amendment.
83
84 Examples:
85 An area zoned CRN1.5, C1.0, R1.0, H45 allows a total FAR up to 1.5, with maximum non-
86 residential and residential FARs of 1.0, thereby requiring a mix of uses to obtain the total FAR
87 allowed. The height for any building in this zone is limited to 45 feet.
88 An area zoned CR6.0, C3.0, R5.0, H200 allows a non-residential FAR up to 3.0, a residential
89 FAR up to 5.0, and a mix of the two uses could yield a total FAR of 6.0. This combination
90 allows for flexibility in the market and shifts in the surrounding context. The height for any
91 building in this zone is limited to 200 feet.
92 An area zoned CRT3.5, C3.5, R3.5, H100 allows complete flexibility in the mix of uses,
93 including buildings with no mix, because the maximum allowed non-residential and residential
94 FARs are both equivalent to the total maximum FAR allowed. The height for any building in
95 this zone is limited to 100 feet.
96
97 59-C-15.2. Description and Objectives of the CR Zones.
98
99 The CRN, CRT, and CR zones permit a mix of residential and non-residential uses at varying
100 densities and heights. The zones promote economically, environmentally, and socially
101 sustainable development patterns where people can live, work, recreate, and have access to
102 services and amenities while minimizing the need for automobile use. The application of the CR
103 zones is appropriate where ecological impacts can be moderated by co-locating housing, jobs,
104 and services. The objectives of the CRN, CRT, and CR zones are to:
105
106 (a) implement the policy recommendations of applicable master and sector plans;
107
108 (b) target opportunities for redevelopment of single-use areas and surface parking lots with a
109 mix of uses;
110
111 (c) reduce dependence on the automobile by encouraging development that integrates a
112 balanced combination of housing types, mobility options, commercial services, and
113 public facilities and amenities;
114

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115 (d) allow a flexible mix of uses, densities, and building heights appropriate to various
116 contexts to ensure compatible relationships with adjoining neighborhoods;
117
118 (e) integrate an appropriate balance of employment and housing opportunities; and
119
120 (f) standardize optional method development by establishing minimum requirements for the
121 provision of public benefits.
122
123 59-C-15.3. Definitions Specific to the CR Zones.
124
125 The following words and phrases, as used in this Division, have the meaning indicated. The
126 definitions in Division 59-A-2 otherwise apply.
127
128 Applicable Residential Zone: zones governed by Division 59-C-1 and Division 59-C-9 are
129 included in all references in this Division to “an applicable residentially-zoned property” or
130 equivalent phrases.
131
132 Car share space: a parking space that serves as the location of an in-service vehicle used by a
133 vehicle-sharing service.
134
135 Cultural institutions: public or private institutions or businesses including: art, music, and
136 photographic studios; auditoriums or convention halls; libraries and museums; recreational,
137 performance, or entertainment establishments, commercial; theater, indoor; theater,
138 legitimate.
139
140 Day care facilities and centers: facilities and centers that provide daytime care for children
141 and/or adults, including: child daycare facility (family day care, group day care, child day
142 care center); daycare facility for not more than 4 senior adults and persons with disabilities;
143 and day care facility for senior adults and persons with disabilities.
144
145 Frontage: a property line shared with an existing or master-planned public or private road,
146 street, highway, or alley right-of-way or easement boundary.
147
148 Limits of Disturbance: an area defined by a perimeter within which all construction work must
149 occur as established on a certified site plan.
150
151 Live/Work unit: Buildings or spaces within buildings that are used jointly for non-residential
152 and residential purposes.
153

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154 Manufacturing and production, artisan: The manufacture and production of commercial
155 goods by a skilled manual worker or craftsperson, such as jewelry, metalwork, cabinetry,
156 stained glass, textiles, ceramics, or hand-made food products.
157
158 Public Arts Trust Steering Committee: A committee of the Arts and Humanities Council that
159 allocates funds from the Public Arts Trust.
160
161 Public owned or operated uses: Activities that are located on land owned by or leased and
162 developed or operated by a local, county, state, or federal body or agency.
163
164 Recreational facilities, participatory: Facilities used for sports or recreation.
165
166 Reconstruction: Building the same or less floor area on or within the footprint of a demolished
167 or partially demolished building.
168
169 Renovation: An interior or exterior alteration that does not affect a building’s footprint.
170
171 Seasonal Outdoor Sales: A lot or parcel where a use or product is offered annually for a limited
172 period of time during the same calendar period each year. The availability or demand for the
173 use or product is related to the calendar period, such as Christmas trees, pumpkin patches, or
174 corn mazes.
175
176 Tenant Footprint: The horizontal area measured within the exterior walls for the ground floor
177 of the main structure allocated to each non-residential tenant or owner-occupant.
178
179 Transit proximity: Transit proximity is categorized in two levels: 1. proximity to an existing
180 or planned Metrorail Station; 2. proximity to an existing or planned station or stop along a
181 rail or bus line with a dedicated, fixed path. All distances for transit proximity are measured
182 from the transit station or stop portal. To qualify as a planned station or stop the station or
183 stop must be in the Capital Improvement Program queue.
184
185 59-C-15.4. Methods of Development and Approval Procedures.
186
187 The CRN zones allow development only under the standard method. The CRT and CR zones
188 allow development under the standard method and may allow development under the optional
189 method.
190
191
192

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193 59-C-15.41. Standard Method.

194
195 Standard method development is allowed under the following limitations and requirements.
196
197 (a) In the CRN zones, the maximum total, non-residential, and residential density and
198 maximum height for any property is set by the zone shown on the zoning map.
199
200 (b) In the CRT and CR zones, the maximum standard method density is the lesser of the
201 density set by the zone shown on the zoning map or:
202
Category Maximum Total Density
(FAR)
CRT 1.0
CR 0.5
203
204 (c) A site plan approval under Division 59-D-3 is required for a standard method
205 development only if it:
206
207 (1) is a limited use;
208
209 (2) requests a gross floor area exceeding 10,000 square feet;
210
211 (3) requests a building height exceeding 40 feet; or
212
213 (4) contains 10 or more dwelling units.
214
215 59-C-15.42. Optional Method.
216
217 Optional method development is allowed under the following limitations and requirements.
218
219 (a) The maximum total, non-residential, and residential density and height for any property is
220 set by the zone shown on the zoning map.
221
222 (b) A sketch plan must be submitted under Section 59-C-15.43. Site plan(s) must be
223 submitted under Division 59-D-3 for any development on a property with an approved
224 sketch plan.
225
226 (c) Public benefits must be provided under Section 59-C-15.8.
227
228

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229 59-C-15.43. Sketch Plan.

230
231 Any optional method development in the CRT and CR zones requires an approved sketch plan.
232 Any required preliminary plan of subdivision or site plan may not be submitted before a sketch
233 plan has been approved.
234
235 (a) A sketch plan application must contain:
236
237 (1) a justification statement that addresses how the project meets the requirements
238 and standards of this Division and describes how the development will further the
239 objectives of the applicable master or sector plan;
240
241 (2) illustrative plans showing:
242
243 (A) building densities, massing, heights, and the anticipated mix of uses;
244
245 (B) locations of public use and other open spaces;
246
247 (C) pedestrian, bicycle, and vehicular circulation, parking, and loading; and
248
249 (D) relationships between existing or proposed adjacent buildings and rights-
250 of-way;
251
252 (3) a table of proposed public benefits and the incentive density requested for each;
253 and
254
255 (4) a general phasing outline of structures, uses, rights-of-way, sidewalks,
256 dedications, public benefits, and future preliminary and site plan applications.
257
258 (b) Procedure for a sketch plan:
259
260 (1) Before filing a sketch plan application, an applicant must comply with the
261 provisions of the Manual for Development Review Procedures, as amended, that
262 concern the following:
263
264 (A) notice;
265
266 (B) posting the site of the application submittal; and
267

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268 (C) holding a pre-submittal meeting.

269
270 (2) A public hearing must be held by the Planning Board on each sketch plan
271 application no later than 90 days after the filing of an optional method
272 development application, unless a request to extend this period is requested by the
273 applicant, Planning Board staff, or other interested parties. A request for an
274 extension must be granted if the Planning Board finds it not to constitute prejudice
275 or undue hardship on any interested party. A recommendation regarding any
276 request for extension must be acted upon by the Planning Board on or before the
277 90-day hearing period expires. Notice of the extension request and
278 recommendation by Staff must be posted no fewer than 10 days before the item’s
279 agenda date.
280
281 (3) No fewer than 10 days before the public hearing on a sketch plan, Planning Board
282 staff must submit its analysis of the application, including its findings, comments,
283 and recommendations with respect to the requirements and standards of this
284 division and any other matters that may assist the Planning Board in reaching its
285 decision on the application. This staff report must be included in the record of the
286 public hearing.
287
288 (4) The Planning Board must act within 30 days after the close of the record of the
289 public hearing, by majority vote of those present and voting based upon the
290 hearing record, to:
291
292 (A) approve;
293
294 (B) approve subject to modifications, conditions, or binding elements; or
295
296 (C) disapprove.
297
298 (c) In approving a sketch plan, the Planning Board must determine that the following
299 elements are appropriate in concept and appropriate for further detailed review at site
300 plan. The Planning Board must find that the sketch plan:
301
302 (1) meets the objectives, general requirements, and standards of this Division;
303
304 (2) furthers the recommendations and objectives of the applicable master or sector
305 plan;
306

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307 (3) achieves compatible internal and external relationships between existing and
308 proposed buildings, open space, and uses;
309
310 (4) provides satisfactory general vehicular, pedestrian, and bicyclist access,
311 circulation, parking, and loading;
312
313 (5) proposes an outline of public benefits that supports the requested incentive
314 density; and
315
316 (6) establishes a feasible and appropriate provisional phasing plan for all structures,
317 uses, rights-of-way, sidewalks, dedications, public benefits, and future preliminary
318 and site plan applications.
319
320 (d) During site plan review, the Planning Board may approve modifications to the binding
321 elements or conditions of an approved sketch plan.
322
323 (1) If changes to a sketch plan are requested by the applicant, notice of the site plan
324 application must identify those changes requested. The applicant has the burden
325 of persuading the Planning Board that such changes should be approved.
326
327 (2) Other changes may be requested by Planning Board staff or required by the
328 Planning Board. If changes are recommended after the application is made but
329 before posting of Planning Board staff’s recommendation, notice of the site plan
330 hearing must identify changes requested.
331
332 (3) Before approving or requiring a change to a sketch plan element, the Planning
333 Board must find that the changed element better supports the findings necessary
334 for site plan approval.
335
336 59-C-15.5. Land Uses.
337
338 No use is allowed in the CRN, CRT, or CR zones except as indicated below:
339 - Permitted Uses are designated by the letter “P” and are permitted subject to all
340 applicable regulations.
341
342 - Limited Uses are designated by the letter “L” and are permitted subject to all
343 applicable regulations and the additional restrictions under Section 59-C-15.51.
344

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345 - Special Exception Uses are designated by the letters “SE” and may be authorized
346 as special exceptions under Article 59-G.
347
Use CRN CRT CR
(a) Agricultural
Farm and country markets L P P
Farm, limited to crops, vegetables, herbs, and ornamental plants P P P
Nursery, horticultural – retail or wholesale P P
Seasonal outdoor sales P P P
(b) Residential
Dwellings P P P
Group homes, small P P P
Group homes, large L P P
Hospice care facilities L P P
Housing and related facilities for senior adults or persons with disabilities P P P
Life care facilities P P P
Live/Work units P P P
Personal living quarters P P P
(c) Commercial Sales and Service
Advanced technology and biotechnology P P
Ambulance or rescue squads, private L L P
Animal boarding places SE SE SE
Automobile filling stations SE SE
Automobile rental services, excluding storage of vehicles and supplies P P P
Automobile rental services, including storage of vehicles and supplies L L
Automobile repair and services L P
Automobile sales, indoors L P
Automobile sales, outdoors L P
Clinic L P P
Conference centers P P
Eating and drinking establishments L P P
Health clubs and gyms L P P
Home occupations, major SE SE SE
Home occupations, registered and no-impact P P P
Hotels and motels L P P
Laboratories P P
Dry cleaning and laundry pick-up stations P P P
Offices, general P P P
Recreational facilities, participatory L P P
Research, development, and related activities P P
Retail trades, businesses, and services of a general commercial nature with each P P P
tenant footprint up to 5,000sf
Retail trades, businesses, and services of a general commercial nature with each L P P
tenant footprint between 5,000sf and 15,000sf
Retail trades, businesses, and services of a general commercial nature with each P P
tenant footprint between 15,000sf and 60,000sf

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Retail trades, businesses, and services of a general commercial nature with each L P
tenant footprint over 60,000sf
Self-storage facilities SE SE
Veterinary hospitals and offices with boarding facilities SE L P
Veterinary hospitals and offices without boarding facilities P P P
Warehousing, not including self-storage, less than 10,000 square feet P P
(d) Institutional & Civic
Charitable and philanthropic institutions L P P
Cultural institutions L P P
Day care facilities and centers with over 30 users L L P
Day care facilities and centers with up to 30 users P P P
Educational institutions, private L P P
Hospitals P P
Parks and playgrounds, private P P P
Private clubs and service organizations L P P
Publicly owned or publicly operated uses P P P
Religious institutions P P P
(e) Industrial
Manufacturing and production, artisan P P P
Manufacturing, compounding, processing, or packaging of cosmetics, drugs, L P
perfumes, pharmaceuticals, toiletries, synthetic molecules, and projects resulting
from biotechnical and biogenetic research and development
Manufacturing and assembly of medical, scientific, or technical instruments, L P
devices, and equipment
(f) Other
Accessory buildings and uses P P P
Bus terminals, non-public P P
Parking garages, automobile P P
Public utility buildings, structures, and underground facilities P P P
Radio and television broadcast studios P P
Rooftop mounted antennas and related unmanned equipment buildings, cabinets, P P P
or rooms
348
349 59-C-15.51. Limited Uses.
350
351 59-C-15.511. Applicability. Uses designated by an “L” in the land use table are considered
352 limited uses and must comply with the requirements of this Section if they are on properties that
353 are:
354
355 (a) Located adjacent to a property in an applicable residential or agricultural zone; or
356
357 (b) Separated from such a property only by the right-of-way of a primary, secondary, or
358 tertiary residential street.
359

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360 Where these circumstances do not apply, the use is considered a permitted use and Section 59-C-
361 15.41(c)(1) does not apply.
362
363 59-C-15.512. Restrictions and requirements of limited uses.
364
365 Limited uses must meet the site plan findings required under 59-D-3 and comply with the design
366 recommendations of the applicable sector or master plan, and associated design guidelines, to
367 ensure compatible relationships between such uses and proximate residential housing through
368 mitigating factors including, but not limited to, increased setbacks, sound and visual barriers,
369 decreased structural heights, or diminished site lighting.
370
371 59-C-15.6. General Requirements.
372
373 Development in the CRN, CRT, and CR zones must comply with the following requirements.
374
375 59-C-15.61. Master Plan and Design Guidelines Conformance.
376
377 Development that requires a site plan must be consistent with the applicable master or sector
378 plan, unless the Planning Board finds that events have occurred to render the relevant master or
379 sector plan recommendation no longer appropriate, and must substantially conform to any design
380 guidelines approved by the Planning Board that implement the applicable plan.
381
382 59-C-15.62. Bicycle Parking Spaces and Commuter Shower/Change Facility.
383
384 In place of the requirements of Article 59-E regarding bicycle parking spaces, development in the
385 CRN, CRT, and CR zones must comply with the following provisions.
386
387 (a) Bicycle Parking Spaces
388
Use Publicly Accessible Private, Secure Bike
Bike Spaces Spaces
(1) Residential
In a building containing less than 20 2 4
dwelling units
In a building containing 20 or more 0.1 per unit to a 0.5 per unit to a
dwelling units maximum maximum
requirement of 10 requirement of 100
In any group living arrangement 0.1 per unit, not 0.1 per unit, not
expressly for senior citizens fewer than 2, to a fewer than 2, to a
maximum maximum
requirement of 100 requirement of 100
389

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Use Publicly Accessible Private, Secure Bike

Bike Spaces Spaces
(2) Non-Residential
Total non-residential floor area under 2 2
10,000sf
Total non-residential floor area between 2 per 10,000sf 1 per 10,000sf, not
10,000sf and 100,000sf fewer than 2, to a
maximum
requirement of 10
Total non-residential floor area greater 20 1 per 10,000sf, not
than 100,000sf fewer than 10, to a
maximum
requirement of 100.
390
391 (b) For office uses with a total non-residential floor area of 100,000sf or greater, one
392 shower/change facility is required for each gender available only to employees when the
393 building is accessible.
394
395 59-C-15.63. Parking.
396
397 In place of the requirements of Article 59-E regarding parking space numerical requirements,
398 landscaping, and surface parking design, development in the CRN, CRT, and CR zones must
399 comply with the following provisions. All standards and requirements of Article 59-E that are
400 not modified by this Section must be followed.
401
402 59-C-15.631. Parking Ratios.
403
404 Parking spaces must be provided according to the following minimums and maximums. The
405 minimum number of spaces required is equal to the number of parking spaces that would
406 otherwise be required by Division 59-E-3 multiplied by the applicable factor in the table, or to
407 the ratio indicated. When maximums are imposed, no more parking than would otherwise be
408 required by Division 59-E-3 may be provided.
409
Use CRN CRT CR
Distance from a level Up to Greater Up to Greater Up to ¼ to ½ to Greater
1 or 2 transit station ½ mile than ½ ½ than ½ ¼ ½ 1 than 1
or stop mile mile mile mile mile mile mile
(a) Residential
Maximum: None None 59-E None 59-E 59-E 59-E None
Minimum: 0.8 1.0 0.7 0.8 0.6 0.7 0.8 0.9
410
411
412
413

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Use CRN CRT CR

(b) Retail and restaurant non-residential uses (gross leasable indoor area; no parking spaces are
required for outdoor patron area)
Maximum: 59-E None 59-E None 59-E 59-E 59-E None
Minimum: 0.6 0.8 0.4 0.6 4 per 4 per 4 per 0.8
1,000 1,000 1,000
sf sf sf
(c) All other non-residential uses
Maximum: 59-E None 59-E None 59-E 59-E 59-E None
Minimum: 0.6 0.8 0.4 0.6 0.2 0.4 0.6 0.8
414
415 (d) The appropriate parking rates apply to the gross floor area of each use within each
416 distance category.
417
418 59-C-15.632. Accepted Parking Spaces
419
420 Parking requirements must be met by any of the following:
421
422 (a) providing the spaces on site;
423
424 (b) constructing publicly available on-street parking; or
425
426 (c) participating in:
427
428 (1) a parking lot district;
429
430 (2) a shared parking program established by municipal resolution or;
431
432 (3) entering into an agreement for shared parking spaces in a public or private facility
433 within ¼ mile of the subject lot, if the off-site parking facility is not in an
434 agricultural (Division 59-C-9), planned unit development (Division 59-C-7), or
435 residential (Division 59-C-1) zone, unless otherwise allowed by this Chapter.
436
437 Every “car-share” space provided reduces the total number of required spaces by 6 spaces for a
438 non-residential use or 3 spaces for a residential use.
439
440 Example: A non-residential project on a CR-zoned site requiring at least 100 spaces under Article 59-E
441 would be required to provide a maximum of 100 spaces on site. If that site was within ¼ to ½ mile of a
442 transit station, the minimum requirement for parking would be 40 spaces (100 x 0.40 = 40). If 2 car-
443 share spaces were provided, that requirement would be 28 for non-residential use or 34 for residential
444 use.
445

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446 59-C-15.633. Parking Space Location and Access.

447
448 The design of surface parking spaces must comply with the following:
449
450 (a) parking spaces on or above grade must not be located between the street and the main
451 front wall of the building or the side wall of the main building on a corner lot; and
452
453 (b) if a site is adjacent to an alley, the primary vehicular access to the parking facility must be
454 from that alley.
455
456 59-C-15.634. Drive-Through Facility Design.
457
458 Any drive-through facility must comply with the following:
459
460 (a) no part of a drive-through service facility, including the stacking area, may be located
461 within 100 feet of a property line shared with an applicable residentially-zoned property;
462
463 (b) no drive-through service window, drive aisle, or stacking area may be located between the
464 street and the main front wall of the main building;
465
466 (c) no drive-through service window, drive aisle, or stacking area may be located between the
467 street and the side wall of the main building on a corner lot unless permanently screened
468 from any street by a 5-foot or higher wall or fence; and
469
470 (d) any development with a drive-through service facility must submit a site plan under
471 Section 59-D-3.
472
473 59-C-15.635. Landscaping and Lighting.
474 Except for areas used for internal driveway or sidewalk connections between lots or parcels that
475 are not in applicable residential zones, landscaping for surface parking spaces must satisfy the
476 following requirements:
477
478
479
480
481
482
483
484

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Minimum Landscape Standards for Surface Parking

Subject Requirement
(a) Property line adjacent No less than 6-foot wide continuous soil panel (excluding any
to a right-of-way easements) with stormwater facilities, planting bed, or lawn including a
minimum 3-foot high continuous evergreen hedge or fence; plus one
deciduous tree per 30 feet of street frontage or per the applicable
streetscape standards.
(b) Property line adjacent No less than 10-foot width continuous soil panel (excluding any
to a lot or parcel in an easements) with stormwater facilities, planting bed, or lawn including a
applicable residential minimum 6-foot high continuous evergreen hedge or fence; plus one
zone deciduous tree per 30 feet of frontage.
(c) Property line adjacent No less than 4-foot width continuous soil panel (excluding any
to a lot or parcel in easements) with stormwater facilities, planting bed, or lawn; plus one
any zone not subject to deciduous tree per 30 feet.
(b), above
(d) Internal Pervious Area No less than 10 percent of the parking facility area comprised of
individual areas of at least 100 square feet each.
(e) Tree Canopy Coverage No less than 30 percent of the parking facility area (at 15 years
growth).
(f) Lighting Per the Illuminating Engineering Society of North America standards,
or County equivalent, with full or partial cut-off fixtures and no more
than 0.5 foocandle illumination at any property line subject to (b),
above.
485

486
487 Surface Parking Landscape Requirements Illustrative
488
489 59-C-15.636. Waiver of parking provisions.
490
491 The Director, Planning Board, or Board of Appeals may waive any requirement of Section 59-C-
492 15.63 not necessary to accomplish the objectives of this Division and Section 59-E-4.2, and in
493 conjunction with such a waiver may adopt reasonable mitigating requirements above the

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494 minimum standards. At least 10 days notice of any request for a waiver under this Section must
495 be provided to all adjoining property owners, affected citizen associations, and Planning
496 Department Staff, if applicable, before a decision may be made.
497
498 59-C-15.7. Development Standards.
499
500 Development in the CRN, CRT, and CR zones must comply with the following standards.
501
502 59-C-15.71. Density and Height.
503
504 Maximum density and height are specified by the zone established on the zoning map under the
505 provisions of Section 59-C-15.1.
506
507 59-C-15.72. Setbacks.
508
509 (a) Where a property is adjacent to a lot or parcel in an applicable residential zone any
510 building:
511
512 (1) must have a minimum setback of 25 feet or the setback required by the adjacent
513 property, whichever is greater; and
514
515 (2) must not project beyond a 45 degree angular plane projecting over the subject
516 property measured from a height of 55 feet in the CR zones, 45 feet in the CRT
517 zones, or 35 feet in the CRN zones at the setback line determined above, with the
518 exception of those features exempt from height and setback restrictions under
519 Section 59-B-1.
520

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Required Building Setback

Height Limit

45 degrees
35-55’
(per Zoning Boundary
zone)

CRN, CRT, or CR Zone Agricultural or Residential Zone

521
522 Angular Plan Setback Illustration
523
524 (b) The development of a new building in place of a building existing when a CRN, CRT, or
525 CR zone is applied may be built to the previously allowed setback if the height of the new
526 building is not increased above the height of the former building.
527
528 59-C-15.73. Public Use Space.
529
530 (a) Public use space is not required for any standard method project that does not require a
531 site plan. If a site plan is required for the proposed project, public use space is required as
532 follows:
533
Gross Tract Area Minimum Public Use Space
Up to 10,000sf None
10,001sf up to 3 acres 10% of net tract area
Over 3 acres 10% of limits of disturbance
534
535 (b) Projects using the optional method of development must provide public use space as
536 follows:
537

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Minimum Required Public Use Space (% of net tract area)

Acres (Gross) Number of Existing, Proposed, and Master-Planned Right-of-Way
Frontages
1 2 3 4+
<½ 0 0 0 5
½ - 1.00 0 0 5 10
1.01 - 3.00 0 5 10 10
3.01 – 6.00 5 10 10 10
6.01 + 10 10 10 10
538
539 (c) Public use space must be:
540 (1) rounded to the next highest 100 square feet;
541 (2) be easily and readily accessible to the public; and
542 (3) contain amenities such as seating options, shade, landscaping, artwork, or
543 fountains.
544
545 (d) Instead of providing on-site public use space, an applicant may satisfy all or part of the
546 requirement by one or more of the following means, subject to Planning Board approval:
547
548 (1) implementing public park or public use space improvements of an equal or greater
549 size within or near the applicable master or sector plan area; or
550
551 (2) making a payment in part or in full for design, construction, renovation,
552 restoration, installation, and/or operation within or near the applicable master or
553 sector plan area if the payment is:
554
555 (A) equal to the cost of constructing an equal amount of public use space and
556 associated amenities on-site per square foot plus the fair market value of
557 the application property per square foot;
558
559 (B) used to implement the open space, recreation, and cultural goals of the
560 applicable master or sector plan; and
561
562 (C) made within 30 days of the release of any building permit for the subject
563 application.
564
565 59-C-15.74. Residential Amenity Space.
566 (a) Any building containing 20 or more dwelling units must provide amenity space for its
567 residents as follows:
568

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Required Residential Amenity Space

Type of Amenity Space Area of Amenity Space
Indoor space in a multi-purpose room, fitness A minimum of 20 square feet per market-rate unit
room, or other common community room(s), at up to 5,000sf.
least one of which must contain a kitchen and
bathroom.
Passive or active outdoor recreational space. A minimum of 20 square feet per market-rate unit,
of which at least 400 square feet must adjoin or be
directly accessible from the indoor amenity space,
up to 5,000sf.
569
570 (b) Additional amenity space is not required for Moderately Priced Dwelling Units (MPDUs)
571 or Workforce Housing Units (WFHUs) on a site within a metro station policy area or
572 where the Planning Board finds adequate recreation facilities and open space area
573 available within ½ mile of the subject site. If such a finding cannot be made, amenity
574 space must be provided for each MPDU and WFHU per the rate in the table above.
575
576 (c) The provision of residential amenity space may be counted towards meeting the required
577 recreation calculations under the M-NCPPC Recreation Guidelines, as amended.
578
579 59-C-15.8. Special Regulations for the Optional Method of Development
580
581 This section establishes incentives for optional method projects to provide public benefits in
582 return for increases in density and height above the standard method maximums[, consistent with
583 the applicable master or sector plan,] up to the maximum permitted by the zone.
584
585 59-C-15.81. Incentive Density Categories.
586
587 Public benefits must be provided that enhance or contribute to the objectives of the CRT and CR
588 zones in some or all of the following categories:
589
590 (a) Major public facilities;
591
592 (b) Transit proximity;
593
594 (c) Connectivity between uses, activities, and mobility options;
595
596 (d) Diversity of uses and activities;
597
598 (e) Quality of building and site design; and
599

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600 (f) Protection and enhancement of the natural environment.

601
602 Section 59-C-15.85 indicates the individual public benefits that may be accepted in each of these
603 categories.
604
605 59-C-15.82. Public Benefits Required.
606
607 Any optional method development must provide public benefits from at least 4 of the 6
608 categories listed in Section 59-C-15.81and:
609
610 (a) Development in the CRT zones must provide public benefits worth a minimum total of
611 50 points; and
612
613 (b) Development in the CR zones must provide BLTs required under Section 59-C-15.856(a)
614 for 5 points and additional public benefits worth a minimum total of 95 points (100
615 minimum points in sum).
616
617 59-C-15.83. General Incentive Density Considerations.
618
619 In approving any incentive density based on the provision of public benefits, the Planning Board
620 must consider:
621
622 (a) The recommendations and objectives[policy objectives and priorities] of the applicable
623 master or sector plan;
624
625 (b) The CR Zone Incentive Density Implementation Guidelines and any design guidelines
626 adopted for the applicable master plan area;
627
628 (c) The size and configuration of the tract;
629
630 (d) The relationship of the site to adjacent properties;
631
632 (e) The presence or lack of similar public benefits nearby; and
633
634 (g) Enhancements beyond the elements listed in the individual public benefit descriptions or
635 criteria that increase public access to or enjoyment of the benefit.
636
637 Examples: Pedestrian activation along a through-block connection, greater vegetated roof or tree
638 canopy area than required, tower step-backs at a lower height or deeper into the site than the

22
 March 11, 2011

639 minimum necessary to qualify for the benefit, or provision of neighborhood services for more
640 smaller businesses than required.
641
642 59-C-15.84. CR Zones Incentive Density Implementation Guidelines.
643 The Planning Board must adopt, publish, and maintain guidelines that detail the standards and
644 requirements for public benefits. The guidelines must be:
645
646 (a) Consistent with the objectives of this Division;
647
648 (b) In addition to any standards, requirements, or rules of incentive density calculation
649 included in this Division, but may not conflict with those provisions; and
650
651 (c) Only allow incentive density for those public benefits listed in Section 59-C-15.85.
652
653
654 59-C-15.85. Individual Public Benefit Descriptions and Criteria.
655
656 59-C-15.851. Major Public Facilities.
657
658 Major public facilities provide public services at convenient locations and where increased
659 density creates a greater need for civic uses and greater demands on public infrastructure.
660
661 (a) Major public facilities include, but are not limited to, such facilities as schools, libraries,
662 recreation centers, parks, county service centers, public transportation or utility upgrades,
663 or other resources delineated in an applicable master or sector plan.
664
665 (b) If a major public facility is not recommended in the applicable master or sector plan, the
666 Planning Board must find that the facility or improvement provides the community with a
667 resource that is at least as beneficial as other major facilities recommended in the
668 applicable master or sector plan. Additionally, any infrastructure upgrade may only
669 receive incentive density for improvements beyond those required by any applicable
670 adequate public facilities requirement to complete the proposed development.
671
672 (c) Because of their significance in place-making, the Planning Board may approve incentive
673 density of up to 40 points in the CRT zones and 70 points in the CR zones for (1) the
674 conveyance of a site or floor area for, (2) construction of, and/or (3) making a payment
675 for a major public facility that is accepted for use and/or operation by an appropriate
676 public agency, community association, or nonprofit organization.
677
678

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 March 11, 2011

679 59-C-15.852. Transit Proximity.

680
681 Development near transit facilities encourages greater use of transit, controls sprawl, and reduces
682 vehicle miles traveled, congestion, and carbon emissions. Transit proximity points are granted
683 for proximity to existing or planned transit based on transit service level and CR category as
684 follows:
685
Proximity Adjacent or Within ¼ mile Between ¼ and ½ Between ½ and 1
confronting mile mile
Transit Service 1 2 1 2 1 2 1 2
Level
CRT 25 15 20 12.5 15 10 10 7.5
CR 50 30 40 25 30 20 20 15
686
687 (a) A project is adjacent to or confronting a transit station or stop if it shares a property line
688 or easement line, or is separated only by a right-of-way from an existing or planned transit
689 station or stop and 100 percent of the gross tract area in a single sketch plan application is
690 within ¼ mile of the transit portal.
691
692 (b) For split proximity-range projects:
693
694 (1) If at least 75 percent of the gross tract area in a single sketch plan application is
695 within the closer of two proximity ranges, the entire project may take the points
696 for the closer range; but
697
698 (2) If less than 75 percent of the gross tract area in a single sketch plan is within the
699 closer of two proximity ranges, the points must be calculated as the weighted
700 average of the percentage of area in each range.
701
702 59-C-15.853. Connectivity and Mobility.
703
704 Development that enhances connectivity between uses and amenities; increases mobility options;
705 encourages non-automotive travel; facilitates social interaction; provides opportunities for
706 healthier living; and stimulates local businesses.
707
708 (a) Neighborhood Services: At least 10 points for safe and direct pedestrian access to at
709 least 10 different retail services on site or within ¼ mile, of which at least 4 have a retail
710 bay floor area of no greater than 5,000 square feet.
711

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712 (b) Minimum Parking: Up to 10 points for providing less than the maximum allowed
713 number of parking spaces, if a maximum is applicable under Section 59-C-15.631.
714
715 (c) Through-Block Connections: Up to 20 points for safe and attractive pedestrian
716 connections between streets.
717
718 (d) Public Parking: Up to 25 points for providing up to the maximum number of parking
719 spaces allowed in the zone as public parking.
720
721 (e) Transit Access Improvement: Up to 20 points for ensuring that access to transit
722 facilities meets County standards for handicapped accessibility.
723
724 (f) Trip Mitigation: At least 15 points for entering into a binding Traffic Mitigation
725 Agreement to reduce the number of weekday morning and evening peak hour trips
726 attributable to the site in excess of any other regulatory requirement; the agreement must
727 result in a non-auto driver mode share of at least 50% for trips attributable to the site.
728
729 (g) Streetscape: Up to 20 points for construction of off-site streetscape excluding any
730 streetscape improvements required by this Division.
731
732 (h) Advance Dedication: Up to 30 points for dedicating or providing a reservation for
733 dedication for master-planned rights-of-way in advance of a preliminary or site plan
734 application.
735
736 (i) Way-Finding: At least 5 points for design and implementation of a way-finding system
737 orienting pedestrians and cyclists to major open spaces, cultural facilities, and transit
738 opportunities.
739
740 59-C-15.854. Diversity of Uses and Activities.
741
742 Development that increases the variety and mixture of land uses, types of housing, economic
743 variety, and community activities; contributes to development of more efficient and sustainable
744 communities; reduces the necessity for automobile use; and facilitates healthier lifestyles and
745 greater social interaction.
746
747 (a) Affordable Housing:
748 (1) All residential development must comply with the requirements of Chapter 25A
749 for the provision of Moderately Priced Dwelling Units (MPDUs) except that
750 achieving bonus density under Section 25A-5(c)(3), as amended from time to

25
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751 time, entitles an applicant to incentive density points under this Division equal to
752 the bonus density percentage.
753
754 Example: Provision of 14.5% MPDUs is awarded 20 points; provision of 13.0% MPDUs is
755 awarded 5 points.
756
757 (2) Up to 30 points for providing Workforce Housing Units (WFHUs) at a rate of 2
758 times the percentage of total units, excluding MPDUs.
759
760 Example: Provision of 5% WFHUs is awarded 10 points; provision of 12% WFHUs is awarded
761 24 points.
762
763 (b) Adaptive Buildings: Up to 15 points for constructing commercial or mixed use buildings
764 with minimum floor-to-floor heights of at least 15 feet on any floor that meets grade and
765 12 feet on all other floors. Internal structural systems must be able to accommodate
766 various types of use with only minor modifications.
767
768 (c) Care Centers: Up to 20 points for constructing a child or adult day care facility with
769 spaces for at least 15 users.
770
771 (d) Small Business Opportunities: Up to 20 points for providing on-site space for small,
772 neighborhood-oriented businesses.
773
774 (e) Dwelling Unit Mix: At least 5 points for integrating a mix of residential unit types with
775 at least 7.5% efficiency units, 8% 1-bedroom units, 8% 2-bedroom units, and 5% 3-or-
776 more bedroom units.
777
778 (f) Enhanced Accessibility for the Disabled: Up to 20 points for constructing dwelling
779 units that satisfy American National Standards Institute A117.1 Residential Type A
780 standards or an equivalent County standard.
781
782 (g) Live/Work: Up to 10 points for developments of up to 2.0 FAR total density that
783 provide at least the greater of 3 units or 10% of the total unit count as live/work units.
784
785 59-C-15.855. Quality Building and Site Design.
786
787 High quality design is especially important in urban, integrated-use settings to ensure that
788 buildings and uses are visually compatible with each other and adjacent communities and to
789 provide a harmonious pattern of development. Due to increased density in these settings,

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790 buildings tend to be highly visible and high quality design helps attract residents, patrons, and
791 businesses to these areas. Location, height, massing, façade treatments, and ornamentation of
792 buildings affect sense of place, orientation, and the perception of comfort and convenience. The
793 quality of the built environment affects light, shadow, wind, and noise, as well as the functional
794 and economic value of property.
795
796 (a) Historic Resource Protection: Up to 20 points for the preservation and/or enhancement
797 of or payment towards preservation and/or enhancement of a historic resource or a
798 contributing element within an historic district designated in the Master Plan for Historic
799 Preservation.
800
801 (b) Structured Parking: Up to 20 points for placing parking within above- or below-grade
802 structures.
803
804 (c) Tower Step-Back: At least 5 points for stepping back a building’s upper floors by a
805 minimum of 6 feet behind the first floor façade. The step-back must begin at a height no
806 greater than 72 feet.
807
808 (d) Public Art: Up to 15 points for installing public art reviewed for comment by, or paying
809 a fee accepted by, the Public Arts Trust Steering Committee.
810
811 (e) Public Open Space: Up to 20 points for providing, or making a payment for, open space
812 in addition to the minimum public use space required by this Division.
813
814 (f) Exceptional Design: Up to 10 points for building and/or site design whose visual and
815 functional impacts enhance the character of a setting per the purposes delineated in this
816 Section.
817
818 (g) Architectural Elevations: Up to 20 points for providing elevations of architectural
819 façades and agreeing to be bound by particular elements of design, such as minimum
820 amount of transparency, maximum separation between doors, awning provisions, sign
821 restrictions, or lighting parameters that affect the perception of mass, pedestrian comfort,
822 or enhance neighborhood compatibility.
823
824 59-C-15.856. Protection and Enhancement of the Natural Environment.
825
826 Protection and enhancement of natural systems and decreases in energy consumption help
827 mitigate or reverse environmental impacts such as heat island effects from the built environment,

27
 March 11, 2011

828 inadequate carbon-sequestration, habitat and agricultural land loss, and air and water pollution
829 caused by reliance on the automobile.
830
831 (a) Building Lot Termination(BLT): Up to 30 points for the purchase of BLT easements or
832 payment to the Agricultural Land Preservation Fund (ALPF). The first 5 points are
833 mandatory for all developments in the CR zones; up to 25 additional points are allowed
834 as an option.
835
836 (1) In the CR zones, an applicant must purchase BLT easements, or make payments
837 to the ALPF, in an amount equal to 5% of the incentive density floor area under
838 the following parameters:
839
840 (A) One BLT must be purchased or equivalent payment made for every 20,000
841 square feet included in the 5% incentive density floor area; and
842
843 (B) Any private BLT easement must be purchased in whole units; or
844
845 (C) BLT payments must be made to the ALPF, based on the amount established
846 by Executive Regulations under Chapter 2B; if a fraction of a BLT
847 easement is needed, a payment based on the gross square footage of
848 incentive density must be made for at least the fraction of the BLT
849 easement.
850
851 (2) Up to 25 points for the purchase of BLTs, or equivalent payments to the ALPF for
852 any incentive density above 5%. Each BLT easement purchase or payment is
853 equal to 30,000 square feet of floor area, or such proportionate square footage
854 represented by a fractional BLT purchase or payment. This is converted into
855 points by dividing the incentive density floor area covered by the purchase or
856 payment by the total square feet of the incentive density area.[must be made to the
857 Agricultural Land Preservation Fund, based on the amount established by
858 Executive Regulations under Chapter 2B; if a fraction of a BLT easement is
859 needed, a payment based on the gross square footage of incentive density must be
860 made to the Agricultural Land Preservation Fund for at least the fraction of the
861 BLT easement.
862
863 (3) In the CRT zones, BLT payments are optional; each BLT easement purchase or
864 payment is equal to 30,000sf of floor area, or such proportionate square footage
865 represented by a fractional BLT purchase or payment.
866

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 March 11, 2011

867 Example: If a 50,000 square-foot CR3.0 site is fully developed, the incentive density available to
868 be earned equals 125,000sf (150,000sf - 25,000sf = 125,000sf). The 5% BLT requirement for
869 125,000sf equals 6,250sf, which equals 0.32 BLT (6,250sf / 20,000sf = 0.32). If the applicant
870 seeks an additional 10 points through the purchase of BLTs, 10% of the incentive density is
871 calculated, which in this case is 12,500sf (125,000sf x 0.10 = 12,500sf). Because 1 BLT, above
872 the required 5%, is equivalent to 30,000sf, the 12,500sf requires a payment for an additional 0.42
873 BLTs (12,500sf / 30,000sf = 0.42). Together, the required and incentive BLTs equal 0.74 BLTs
874 for 15 points in the Environment category.
875
876 (b) Energy Conservation and Generation: At least 10 points for constructing buildings that
877 exceed the energy-efficiency standards for the building type by 17.5% for new buildings
878 or 10% for existing buildings. At least 15 points for providing renewable energy
879 generation facilities on-site or within ½ mile of the site for a minimum of 2.5% of the
880 projected energy requirement for the development.
881
882 (c) Vegetated Wall: At least 5 points for the installation and maintenance of a vegetated wall
883 that covers at least 30% of any blank wall or parking garage façade that is at least 300 feet
884 in area and is visible from a public street or open space.
885
886 (d) Tree Canopy: At least 10 points for tree canopy coverage at 15 years of growth of at
887 least 25% of the on-site open space.
888
889 (e) Vegetated Area: At least 5 points for installation of plantings in a minimum of 12 inches
890 of soil, covering at least 5,000 square feet. This does not include vegetated roofs.
891
892 (f) Vegetated Roof: At least 10 points for installation of a vegetated roof with a soil depth of
893 at least 4 inches covering at least 33% of a building’s roof, excluding space for
894 mechanical equipment.
895
896 (g) Cool Roof: At least 5 points for constructing any roof area that is not covered by a
897 vegetated roof with a minimum solar reflectance index (SRI) of 75 for roofs with a slope
898 at or below a ratio of 2:12, and a minimum SRI of 25 for slopes above 2:12.
899
900 (h) Recycling Facility Plan: At least 5 points for providing a recycling facility plan to be
901 approved as part of a site plan for buildings that must comply with Montgomery County
902 Executive Regulation 15-04AM or Montgomery County Executive Regulation 18-04.
903
904 (i) Habitat Preservation and Restoration: Up to 20 points for protection, restoration, or
905 enhancement of natural habitats, onsite or within the same local watershed, which are in
906 addition to requirements of the Forest Conservation Law or other county laws.

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907
908 59-C-15.9. Existing Approvals.
909
910 (a) One or more lawfully existing buildings, structures, or uses that predate the application of
911 the CR zone to the site are conforming structures or uses, and may be continued,
912 renovated, repaired, or reconstructed to the same size and configuration, or enlarged up to
913 a total of 10 percent above the total existing floor areas of all buildings and structures on
914 site or 30,000 square feet, whichever is less, and such development does not require a site
915 plan. Expansions in excess of the limitations in this Subsection will require compliance
916 with the full provisions of this Division. Uses located in a building or structure deemed
917 conforming under the provisions of this Subsection may be converted to any permitted
918 non-residential or residential use(s) up to the density limits established by the zone.
919
920 (b) A project that received an approved development plan under Division 59-D-1 or
921 schematic development plan under Division 59-H-2 before the application of the CR
922 zones to the site may proceed under the binding elements of the development plan and
923 will thereafter be treated as a lawfully existing building, and may be renovated or
924 reconstructed under Subsection (a) above. Such development plans or schematic
925 development plans may be amended as allowed under Division 59-D-1 or 59-H-2 under
926 the provisions of the previous zone; however, any incremental increase in the total floor
927 area beyond that allowed by Subsection (a) above or any incremental increase in building
928 height greater than 15 feet requires, with respect to the incremental increase only, full
929 compliance with the provisions of this Division. Any failure to fully comply with the
930 binding elements of the development plan will require full compliance with the
931 provisions of this Division.
932
933 (c) At the option of the owner, any portion of a project subject to an approved development
934 plan or schematic development plan described in Subsection (b) above may be developed
935 under this Division. The remainder of that project continues to be subject to the approved
936 development plan or schematic development plan, under Subsections (a) and (b).
937
938 (d) A project which has had a preliminary or site plan approved before the applicable
939 sectional map amendment may be built or altered at any time, subject to either the full
940 provisions of the previous zone or this division, at the option of the owner. If built under
941 the previous approval, it will be treated as a conforming building, structure, or use and
942 may be renovated or reconstructed under Subsection (a) above. If built with an
943 incremental increase over the previous approval, only that incremental increase must
944 comply with this Division.
945

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946 (e) A project that has had a special exception approved before application of the CR zone to
947 the site may continue as a lawfully existing use as long as it fully complies with the terms
948 and conditions of its approval. Any failure to fully comply with the terms and conditions
949 of the special exception approval will require full compliance with the provisions of this
950 Division. If a special exception holder chooses to operate under this Division instead of
951 under the special exception, written notice must be provided to the Board of Appeals that
952 the special exception has been abandoned.

31