[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Article 59-3. Uses and Use Standards

[Div. 3.1. Use Table

[Div. 3.4. Civic and Institutional Uses

Sec. 3.1.1. Key to Use Table . ......................................................................33

Sec. 3.4.1. Ambulance, Rescue Squad (Private).......................................335

Sec. 3.1.2. Use Classifications...................................................................33

Sec. 3.4.2. Charitable, Philanthropic Institution..................................335

Sec. 3.1.3. Uses Listed As Accessory ........................................................ 34

Sec. 3.4.3. Cultural Institution...............................................................336

Sec. 3.1.4. Temporary Uses........................................................................ 34

Sec. 3.4.4. Day Care Facility..................................................................... 337

Sec. 3.1.5. Transferable Development Rights......................................... 35

Sec. 3.4.5. Educational Institution (Private)..........................................338

Sec. 3.1.6. Use Table................................................................................. 36]

Sec. 3.4.6. Hospital................................................................................. 340

[Div. 3.2. Agricultural Uses

Sec. 3.4.7. Playground, Outdoor Area (Private)....................................341

Sec. 3.4.8. Private Club, Service Organization.......................................341

Sec. 3.2.1. Agricultural Auction Facility................................................ 313

Sec. 3.4.9. Public Use (Except Utilities)...................................................341

Sec. 3.2.2. Agricultural Processing....................................................... 313

Sec. 3.4.10. Religious Assembly...............................................................341

Sec. 3.2.3. Community Garden ................................................................. 313

Sec. 3.4.11. Swimming Pool (Community)............................................... 342]

Sec. 3.2.4. Equestrian Facility ................................................................314

Sec. 3.2.5. Farm Supply or Machinery Sales, Storage, and Service.......315

[Div. 3.5. Commercial Uses

Sec. 3.2.6. Farming...................................................................................316

Sec. 3.5.1. Animal Services.......................................................................343

Sec. 3.2.7. Nursery ..................................................................................316

Sec. 3.5.2. Communication Facility......................................................... 345

Sec. 3.2.8. Slaughterhouse..................................................................... 317

Sec. 3.5.3. Eating and Drinking............................................................... 349

Sec. 3.2.9. Urban Farming........................................................................ 317

Sec. 3.5.4. Funeral and Interment Services........................................... 349

Sec. 3.2.10. Winery................................................................................... 317

Sec. 3.5.5. Landscape Contractor...........................................................351

Sec. 3.2.11. Accessory Agricultural Uses...............................................318

Sec. 3.5.6. Lodging...................................................................................351

Sec. 3.2.12. Temporary Agricultural Uses............................................ 319]

Sec. 3.5.7. Medical and Dental............................................................... 352

[Div. 3.3. Residential Uses

Sec. 3.5.8. Office and Professional........................................................353

Sec. 3.5.9. Parking................................................................................... 354

Sec. 3.3.1. Household Living................................................................... 320

Sec. 3.5.10. Recreation and Entertainment............................................355

Sec. 3.3.2. Group Living............................................................................321

Sec. 3.5.11. Retail Sales and Service...................................................... 359

Sec. 3.3.3. Accessory Residential Uses................................................. 325]

Sec. 3.5.12. Vehicle/Equipment Sales and Rental...................................361

Sec. 3.5.13. Vehicle Service..................................................................... 362
Sec. 3.5.14. Accessory Commercial Uses.................................................365
Sec. 3.5.15. Temporary Commercial Uses................................................367]

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

[Div. 3.6. Industrial Uses

Sec. 3.6.1. Animal Research Facility....................................................... 369
Sec. 3.6.2. Contractor Storage Yard..................................................... 369
Sec. 3.6.3. Dry Cleaning Facility ............................................................ 369
Sec. 3.6.4. Manufacturing and Production.......................................... 369
Sec. 3.6.5. Mining, Excavation.................................................................370
Sec. 3.6.6. Transportation...................................................................... 371
Sec. 3.6.7. Utilities................................................................................... 373
Sec. 3.6.8. Warehouse..............................................................................374
Sec. 3.6.9. Waste-Related.......................................................................375]

[Div. 3.7. Miscellaneous Uses

Sec. 3.7.1. Noncommercial Kennel..........................................................378
Sec. 3.7.2. Solar Collection System........................................................378
Sec. 3.7.3. Wildlife, Game Preserve, and Other Conservation Areas....378
Sec. 3.7.4. Accessory Miscellaneous Uses........................................... 379]

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Chapter 59: Zoning Code

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 3.1. Use Table

Section 3.1.1. Key to Use Table
The Use Table (Section 3.1.6) in [this] Division [(Div. 3.1)] 3.1 identifies uses allowed in
each zone. The key for this table is:

A. Permitted Use (P)

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

B. Limited Use (L)

An "L" indicates that the use is permitted if it meets the limited use standards in
Division [Div] 3.2 through Division [Div] 3.7.

C. Conditional Use (C)

A "C" indicates that the use must meet the conditional use standards in Division
[Div] 3.2 through Division [Div] 3.7 and requires approval by the Hearing Examiner [or Board of Appeals] under Section [Sec.] [[8.3.1]] 7.3.1.

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

Section 3.1.2. Use Classifications

A. Use Categories
1. There are 6 use categories: Agricultural, Residential, Civic and Institutional,
Commercial, Industrial, and Miscellaneous.
2. When calculating density, any use in the Residential category counts toward
residential density; any use in the Agricultural, Civic and Institutional, Commercial, Industrial, or Miscellaneous category counts toward nonresidential
density.

B. Use Groups and Individual Uses

Under each category in the Use Table, some rows contain individual uses, while
other rows represent a use group (a group of uses characterized by a single term
or phrase). Where standards are provided for a use group, these standards apply
to all individual uses within the group, in addition to any standards provided for
individual uses.

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C. Use Definitions
Where a use definition in Division [Div] 3.2 through Division [Div] 3.7 contains a
list of included uses, these are to be considered typical or example uses, and not
all-inclusive.

D. Grandfathered Uses Not Indicated with a P, L, or C in Section

3.1.6
1. Conditional Uses
a. The following conditional uses that were lawfully existing on October 29,
2014 that are not indicated as permitted (P), limited (L), or conditional
(C) in Section 3.1.6, Use Table, may, at the option of the owner, be continued, renovated, repaired, or enlarged under the conditional use requirements and Section [[8.3.1]] 7.3.1, Conditional Use:
Educational Institution (Private) in the AR zone
b. Any other conditional use that was lawfully existing on October 29, 2014
that is not indicated as permitted (P), limited (L), or conditional (C) in
Section 3.1.6, Use Table, must satisfy Section [[8.7.1]] 7.7.1, Exemptions.

2. Permitted Uses
a. The following permitted uses that were lawfully existing on October 29,
2014 that are not indicated as permitted (P), limited (L), or conditional
(C) in Section 3.1.6, Use Table, may, at the option of the owner, be continued, renovated, repaired, or enlarged:
Camp retreat, nonprofit in the RC zone
b. Any other permitted use that was lawfully existing on October 29, 2014
that is not indicated as permitted (P), limited (L), or conditional (C) in
Section 3.1.6, Use Table, must satisfy Section [[8.7.1]] 7.7.1, Exemptions.

E. Uses Not Specifically Listed

1. [Any use not specifically listed is prohibited unless DPS determines that the
use is similar in impact, nature, function, and duration to an allowed use
listed in this Division. Where the similar allowed use must satisfy a limited

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

or conditional use standard and approval, the proposed use must meet
such standard and obtain such approval.] Uses listed are general. DPS must
determine whether a specific use falls within the general use or is similar in
impact, nature, function and duration. Uses that are not allowed as permitted, limited, or conditional are prohibited, unless the use is deemed similar in
impact, nature, function, and duration.
2. [To determine if the proposed use is similar in impact, nature, function, and
duration to the other use types allowed in a specific zone, DPS must review
relevant characteristics of the proposed use, including but not limited to the
following:] Some factors DPS may consider in determining if a proposed use
is similar in impact, nature, function and duration to an existing use include
but are not limited to:
a. The [size,] type [and volume] of items or services sold and the nature and
quantity of inventory on the premises;
b. Any processing done on the premises, including assembly, manufacturing, [warehousing, shipping,] and distribution;
c. The amount and nature of any adverse impacts generated on the premises, including but not limited to noise, smoke, odor, illumination, glare,
vibration, radiation, and fumes;
d. Any [dangerous,] hazardous[, toxic, or explosive] materials used on the
premises;
[e. The nature and location of storage and display of merchandise, whether
enclosed, open, inside or outside the principal building; predominant
types of items stored (such as business vehicles, work-in-process, inventory and merchandise, construction materials, scrap and junk, and raw
materials including liquids and powders);]

j. Any special public infrastructure needed to serve the proposed use,

including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions, and any significant power structures and
communications towers or facilities.]

Section 3.1.3. Uses Listed as Accessory

Uses listed under an accessory use group in the Use Table are uses that are incidental and subordinate to the principal use of a lot, site, or the principal building, and
located on the same lot or site as the principal use or building.

Section 3.1.4. Temporary Uses

A. In General
Temporary uses
1. are temporary in nature;
2. are established for a fixed period of time with the intent to discontinue the
use when that period of time is over;
3. do not involve the construction or alteration of any permanent structure; and
4. require a temporary use permit under Section [Sec.] [[8.4.2]] 7.4.2, with the
following exceptions.

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

b. Garage or Yard Sales

f. [g.]The number of employees and customers in relation to business

hours and employment shifts; and

i. A garage sale or yard sale is the sale, on residential property, of

goods previously used by a resident of the property. This also includes
all similar sales activities such as moving sales, estate sales, and community sale.

[h. Transportation requirements, including the modal split for people and
freight, by volume and type of traffic generation to and from the site;]

ii. A garage sale is not a vending activity unless it exceeds the limits in
Chapter 47.

e. [f.] The type[,] and size[, and nature of buildings and] of structures;

g. [i.]Parking requirements, turnover [and generation], and the potential

for shared parking with other use types. [; and

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

c. Self-Storage Containers
i. A storage container for household or other goods located in any
yard is permitted for a maximum of 30 consecutive days twice per
calendar year.
ii. The storage container must be placed completely on-site (and cannot
be placed in any public right-of-way).
iii. The storage container must be placed on a paved surface.

B. Benefit Performance
A benefit performance, under Chapter 30 (Section [Sec.] 30-4), is permitted in
any zone, including on property regulated by a conditional use, without requiring a modification of the conditional use plan. Unless the benefit performance
is conducted on property that is occupied by a private club operating in compliance with this Chapter, a religious institution, a fire department, a public school,
or a nationally chartered service or veterans organization not organized for gain
or profit of any individual member of such groups, it must satisfy the following
standards:
1. In any Residential, EOF, or NR zone, a benefit performance is a maximum of
15 days.
2. The benefit performance must be a minimum of 600 feet from any dwelling,
measured from the perimeter of the performance area as [delineated] listed
in the license application, unless a minimum of 75% of the occupants of the
dwellings within the 600 feet measurement consent to the performance in
writing.

C. Landing of Rotorcraft

a. the person or organization intending to use a rotorcraft has received approval from the Federal Aviation Administration and the Chief of Police;
and
b. the Chief of Police refers each application to the Department of Fire and
Rescue Services, Department of Environmental Protection, and DPS for
review and recommendations before approving the time and place of the
use.
4. The landing and takeoff areas for temporary helistops must satisfy the
heliport surface dimensions recommended in the most recent Federal Aviation Administration Heliport Design Guide. An application for a temporary
helistop must obtain approval by the Chief of Police, who must refer the
application to the Department of Fire and Rescue Services, Department of
Environmental Protection, and DPS for review and recommendations before
making any decision on the application.

Section 3.1.5. Transferable Development Rights

A. The following uses are prohibited if the lot or parcel on which the use is located
is in the AR zone and is encumbered by a recorded Transfer of Development
Rights easement:

1. Agricultural
Agricultural Auction Facility

2. Residential
a. Attached Accessory Apartment
b. Detached Accessory Apartment

The takeoff and landing of rotorcraft may be allowed, [notwithstanding] in spite

of any other provision of this Chapter, under the following circumstances:

c. Residential Care Facility (Up to 8 Persons)

1. The landing and use of air ambulances and other emergency rotorcraft is a
permitted use in any zone during any emergency.

e. Residential Care Facility (Over 16 Persons)

2. Emergency helipads for hospitals are a permitted use in any zone.

3. A rotorcraft may land for special events, such as athletic contests, holiday
celebrations, parades, political campaigning, advertising promotions, fairs,
carnivals or similar activities if:
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d. Residential Care Facility (9 - 16 Persons)

f. Guest House
g. Home Health Practitioner (Low Impact)
h. Home Health Practitioner (Major Impact)
i. Home Occupation (Low Impact)

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

j. Home Occupation (Major Impact )

3. Civic and Institutional

a. Ambulance, Rescue Squad[s] (Private)
b. Charitable, Philanthropic Institution
c. Group Day Care (9 - 12 Persons)
d. Day Care Center (13 - 30 Persons)
e. Day Care Center (Over 30 Persons)
f. Private Club, Service Organization
g. Religious Assembly

4. Commercial
a. Veterinary Office/Hospital
b. Bed and Breakfast (if not accessory to Farming)
c. Cemetery
d. Funeral Home, Undertaker
e. Lawn Maintenance Service
f. Rural Antique Shop
g. Shooting Range (Outdoor)
h. Transitory Use

5. Industrial
Mining, Excavation
B. However, any building existing on October 2, 2007 may be repaired or reconstructed if the floor area of the building is not increased and the use is not
changed.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Section 3.1.6. Use Table

The following Use Table identifies uses allowed in each zone. Uses may be modified in Overlay zones under Division [Div] [[4.8]] 4.9.
Residential
Definitions
and
Standards

AR

Agricultural Auction Facility

3.2.1

Use or Use Group

Agricultural

Rural
Residential

Ag
R

RC

RNC

Residential
Multi-Unit

Commercial/
Residential

RE-2 RE-2C RE-1 R-200 R-90 R-60 R-40 TLD TMD THD R-30 R-20 R-10 CRN CRT

Agricultural Processing

3.2.2

Community Garden

3.2.3

Equestrian Facility

3.2.4

L/C

L/C

L/C

L/C

Farm Supply, Machinery Sales,

Storage, and Service

3.2.5

3.2.6[.]

P [L]

Farming

Residential
Townhouse

Residential Detached

P
[L]

Industrial

CR

GR

NR

LSC

EOF

C
P
[L]

Employment

IL

IM

IH

P
[L]

3.2.7

Nursery
Nursery (Retail)

3.2.7.A

Nursery (Wholesale)

3.2.7.B

Slaughterhouse

3.2.8

Urban Farming

3.2.9

Winery

3.2.10

Accessory Agricultural Uses

3.2.11

L/C

[[Agricultural Education/Tourism

3.2.11.A

L]]

[Animal Husbandry

3.2.11.A

Farm Airstrip, Helistop

3.2.11.
[[B]]A

Farm Market, On-site

3.2.11.
[[C]]B

Temporary Agricultural Uses

3.2.12.A

Seasonal Outdoor Sales

3.2.12.B

Residential

L]

L/C

L/C

[P]
L

[P]
L

[P]
L

[P]
L

[P]
L

[P]
L

[P]
L

C
L

[P] [P]
L
L

3.3.1

Single-Unit Living

3.3.1.B

Two-Unit Living

3.3.1.C

Townhouse Living

3.3.1.D

Multi-Unit Living

3.3.1.E

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3.2.12

Agricultural Vending

Household Living

Key:

P = Permitted Use

L = Limited Use

C = Conditional Use

Blank Cell = Use Not Allowed

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Residential

Use or Use Group

Group Living

Definitions
and
Standards

Rural
Residential

Ag
AR

RC

Residential
Townhouse

Residential Detached

RNC

Residential
Multi-Unit

Commercial/
Residential

RE-2 RE-2C RE-1 R-200 R-90 R-60 R-40 TLD TMD THD R-30 R-20 R-10 CRN CRT

CR

Employment
GR

NR

3.3.2.B

Independent Living Facility

for Seniors or Persons with
Disabilities

3.3.2.C

IL

IM

IH

Personal Living Quarters

(Up to 50 Individual Living Units)

P
L

3.3.2.D

Personal Living Quarters

(Over 50 Individual Living Units)

3.3.2.D

Residential Care Facility

(Up to 8 Persons)

3.3.2.E

Residential Care Facility

(9 - 16 Persons)

3.3.2.E

Residential Care Facility

(Over 16 Persons)

3.3.2.E

Accessory Residential Uses

3.3.3

L/C

L/C

L/C

L/C

L/C

L/C

L/C

L/C

L/C

L/C

Attached Accessory Apartment

3.3.3.B

L/C

L/C

L/C

Detached Accessory Apartment

3.3.3.C

Dwelling for Caretaker/

Watchkeeper

3.3.3.D

Farm Tenant Dwelling

3.3.3.E

Guest House

3.3.3.F

Home Health Practitioner (Low

Impact)

3.3.3.G

Home Health Practitioner (Major

Impact)

3.3.3.G

Home Occupation (No Impact)

3.3.3.H

Home Occupation (Low Impact)

3.3.3.H

Home Occupation (Major

Impact)

3.3.3.H

[[Live/Work Unit

3.3.3.I

Ambulance, Rescue Squad (Private)

3.4.1

Charitable, Philanthropic Institution

3.4.2

Cultural Institution

3.4.3

38

EOF

3.3.2

Dormitory

Civic AND Institutional

LSC

Industrial

P
L

[L]

[L]

[L]

P]]

C
C

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14

P = Permitted Use

L = Limited Use

C = Conditional Use

Blank Cell = Use Not Allowed

Chapter 59: Zoning Code

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Residential

Use or Use Group

Definitions
and
Standards

Day Care Facility

Rural
Residential

Ag

Residential
Townhouse

Residential Detached

AR

RC

RNC

Residential
Multi-Unit

Commercial/
Residential

RE-2 RE-2C RE-1 R-200 R-90 R-60 R-40 TLD TMD THD R-30 R-20 R-10 CRN CRT

Employment

Industrial

CR

GR

NR

LSC

EOF

IL

IM

Family Day Care (Up to 8

Persons)

3.4.4.C

Group Day Care (9 - 12 Persons)

3.4.4.D

Day Care Center (13 - 30

Persons)

3.4.4.E

Day Care Center (Over 30

Persons)

3.4.4.F

Educational Institution (Private)

3.4.5

Hospital

3.4.6

Playground, Outdoor Area (Private)

3.4.7

Private Club, Service Organization

3.4.8

Public Use (Except Utilities)

3.4.9

Religious Assembly

3.4.10

Swimming Pool (Community)

3.4.11

Commercial

Animal Services

Veterinary Office/Hospital

3.5.1.C

L/C

L/C

P
L

3.5.2

Cable Communications System

3.5.2.A

Media Broadcast Tower

3.5.2.B

Telecommunications Tower

3.5.2.C

L/C

L/C

L/C

L/C

L/C

C
L/C

L/C

3.5.3

Country Inn

3.5.3.A

Restaurant

3.5.3.B

L/C

3.5.4

Cemetery

3.5.4.A

Crematory

3.5.4.B

Funeral Home, Undertaker

3.5.4.C
3.5.5

C
C

C
C
Key:

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3.5.1
C

Landscape Contractor

Funeral and Interment Services

3.5.1.B

Eating and Drinking

[P] [P]
L
L

[P]

Animal Boarding and Care

Communication Facility

IH

3.4.4

C
C

P = Permitted Use

L = Limited Use

C
P

C = Conditional Use

Blank Cell = Use Not Allowed

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Residential

Use or Use Group

Lodging

Definitions
and
Standards

Rural
Residential

Ag

Residential
Townhouse

Residential Detached

AR

RC

RNC

Residential
Multi-Unit

Commercial/
Residential

RE-2 RE-2C RE-1 R-200 R-90 R-60 R-40 TLD TMD THD R-30 R-20 R-10 CRN CRT

Employment

CR

GR

NR

Industrial

LSC

EOF

IL

IM

IH

3.5.6

Bed and Breakfast

3.5.6.B

Hotel, Motel

3.5.6.C

Medical and Dental

3.5.7

Clinic (Up to 4 Medical

Practitioners)

3.5.7.A

Clinic (More than 4 Medical

Practitioners)

3.5.7.B

Medical, Dental Laboratory

3.5.7.C

Office and Professional

3.5.8

Life Sciences

3.5.8.A

Office

3.5.8.B

Research and Development

3.5.8.C

P
C

3.5.9

Parking
Structured Parking

3.5.9.B

Surface Parking for Use Allowed

in the Zone

3.5.9.C

Surface Parking for Commercial

Uses in an Historic District

3.5.9.D

Recreation and Entertainment

3.5.10

Adult Entertainment

3.5.10.A

Campground

3.5.10.B

Conference Center

3.5.10.C

Golf Course, Country Club

3.5.10.D

Health Clubs and Facilities

3.5.10.E

Recreation and Entertainment

Facility, Indoor (Capacity up to
1,000 Persons)

3.5.10.F

Recreation and Entertainment

Facility, Outdoor (Capacity up to
1,000 Persons)

3.5.10.G

Recreation and Entertainment

Facility, Major (Capacity over
1,000 Persons)

3.5.10.H

310

L
C

[L]

C
P

C
Key:

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P = Permitted Use

L = Limited Use

C = Conditional Use

Blank Cell = Use Not Allowed

P
C

L/
C

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Residential

Use or Use Group

Definitions
and
Standards

Shooting Range (Indoor)

3.5.10.I

Shooting Range (Outdoor)

3.5.10.J

Retail Sales and Service

3.5.11

Combination Retail

3.5.11.A

Rural
Residential

Ag
AR

RC

Residential Detached

RNC

Residential
Townhouse

Residential
Multi-Unit

Commercial/
Residential

RE-2 RE-2C RE-1 R-200 R-90 R-60 R-40 TLD TMD THD R-30 R-20 R-10 CRN CRT

CR

Employment
GR

NR

LSC

Industrial
EOF

IL

IM

IH

3.5.11.[A]B

Retail/Service Establishment
(15,001 - 50,000 SF)

3.5.11.[A]B

Retail/Service Establishment
(50,001 - 85,000 SF)

3.5.11.[A]B

Retail/Service Establishment
(85,001-120,000 SF)

3.5.11.[A]B

Retail/Service Establishment
(120,001 SF and Over)

3.5.11.[A]B

Retail/Service Establishment (Up

to 5,000 SF)

3.5.11.[A]B

Retail/Service Establishment
(5,001 - 15,000 SF)

Rural Antique Shop

3.5.11.[B]C

Rural Country Market

3.5.11.[B]D

Vehicle/Equipment Sales and

Rental

3.5.12

Heavy Vehicle Sales and Rental

3.5.12.A

Light Vehicle Sales and Rental

(Indoor)

3.5.12.B

Light Vehicle Sales and Rental

(Outdoor)

3.5.12.C

Vehicle Service

3.5.13

Automobile Storage Lot

3.5.13.A

Car Wash

3.5.13.B

Filling Station

3.5.13.C

Repair (Commercial Vehicle)

3.5.13.D

Repair (Major)

3.5.13.E

Repair (Minor)

3.5.13.F

Key:
C h a p t e r 59 : Z o n i n g C o d e
M o n t g o m e r y C o u n t y, M a r y l a n d

P = Permitted Use

L = Limited Use

C = Conditional Use

L
C

C
C

L
P

Blank Cell = Use Not Allowed

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Residential

Use or Use Group

Accessory Commercial Uses

Definitions
and
Standards

Rural
Residential

Ag

Residential
Townhouse

Residential Detached

AR

RC

RNC

Residential
Multi-Unit

Commercial/
Residential

RE-2 RE-2C RE-1 R-200 R-90 R-60 R-40 TLD TMD THD R-30 R-20 R-10 CRN CRT

Employment

Industrial

CR

GR

NR

LSC

EOF

IL

IM

IH

3.5.14

Amateur Radio Facility (Up to 65

Feet in Height)

3.5.14.A

Amateur Radio Facility (Over 65

Feet in Height)

3.5.14.B

Antenna on Existing Structure

3.5.14.C

Commercial Kitchen

3.5.14.D

L
L/
C

L/
C

L/
C

L/
C

L
/C

L/
C

L/
C

Drive-Thru
Helistop

3.5.14.E
3.5.14.F

Lawn Maintenance Service

3.5.14.G

Live/Work Unit

3.5.14.H

Temporary Commercial Uses

3.5.15.A

Special Event Parking

3.5.15.B

Transitory Use

3.5.15.C

Animal Research Facility

3.6.1

Contractor Storage Yard

3.6.2

Dry Cleaning Facility (Up to 3,000

SF)

3.6.3.A

Dry Cleaning Facility (Over 3,000

SF)

3.6.3.B

Manufacturing and Production

3.6.4.A

Heavy Manufacturing and

Production

3.6.4.B

Light Manufacturing and

Production

3.6.4.C

Medical/Scientific
Manufacturing and Production

3.6.4.D

312

L
L

L
L

3.6.4

Artisan Manufacturing and

Production

Mining, Excavation

3.5.15

Construction Administration or
Sales Office

Industrial

3.6.5

L
C
Key:

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

P = Permitted Use

L/C
L = Limited Use

P
C = Conditional Use

Blank Cell = Use Not Allowed

Chapter 59: Zoning Code
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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Residential

Use or Use Group

Definitions
and
Standards

Transportation

Rural
Residential

Ag
AR

RC

Residential
Townhouse

Residential Detached

RNC

Residential
Multi-Unit

Commercial/
Residential

RE-2 RE-2C RE-1 R-200 R-90 R-60 R-40 TLD TMD THD R-30 R-20 R-10 CRN CRT

Employment

Industrial

CR

GR

NR

LSC

EOF

IL

IM

IH

3.6.6

Bus, Rail Terminal/Station

3.6.6.A

Helipad, Heliport

3.6.6.B

Railroad Tracks

3.6.6.C

Taxi/Limo Facility

3.6.6.D

C
P

3.6.7

Utilities
Distribution Line (Above
Ground)

3.6.7.A

Distribution Line (Below Ground)

3.6.7.B

Pipeline (Above Ground)

3.6.7.C

Pipeline (Below Ground)

3.6.7.D

Public Utility Structure

3.6.7.E

Warehouse

3.6.8

Freight Movement

3.6.8.A

Hazardous Material Storage

3.6.8.B

Mineral Storage

3.6.8.C

Self-Storage

3.6.8.D

Storage Facility

3.6.8.E

Waste-Related

L
P

P
P

3.6.9

Landfill, Incinerator, or Transfer

Station

3.6.9.A

Recycling Collection and

Processing

3.6.9.B

MISCELLANEOUS

L
P

C
L

Noncommercial Kennel

3.7.1

Solar Collection System

3.7.2

Wildlife, Game Preserve, and Other

Conservation Areas

3.7.3

Accessory Miscellaneous Uses

3.7.4

Accessory Structures

3.7.4.A

Accessory Use

3.7.4.B

Security Pavilion

3.7.4.C

Key:
C h a p t e r 59 : Z o n i n g C o d e
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P = Permitted Use

L = Limited Use

C = Conditional Use

Blank Cell = Use Not Allowed

3 1 3

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 3.2. Agricultural Uses

Section 3.2.1. Agricultural Auction Facility
A. Defined
[[An]] Agricultural Auction Facility [is] means any structure and land where farmrelated merchandise is sold to a bidder.

B. Use Standards
Where an Agricultural Auction Facility is allowed as a conditional use, it may
be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use, and the following standards:
1. The minimum lot area is 5 acres.
2. The minimum setback of the auction facility (whether enclosed within a
building or not) and the parking area is 50 feet from any lot line where the
subject lot abuts [abutting] property [is] in residential use.
3. The Hearing Examiner [Board of Appeals] may specify the types of goods to
be auctioned.
4. Evening and weekend operations may be permitted under the limits established by the Hearing Examiner [Board of Appeals].
5. Where [any abutting property is] the subject lot abuts property in residential
use, the noise level at the lot line must [not exceed the requirements of]
satisfy Chapter 31B.
6. The agricultural exemption of State law (Section [Sec.] 31B-14(c)) is not applicable.
7. If the subject lot abuts [abutting] property in the AR zone, screening under
Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.
8. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5, Transferable Development Rights.

Section 3.2.2. Agricultural Processing

A. Defined

consumption, including goods for non-food use, such as the products of forestry.
Agricultural Processing includes milk plant, grain elevator, and mulch or compost production and manufacturing, but does not include Slaughterhouse (see
Section [Sec.] 3.2.8, Slaughterhouse).

B. Use Standards
Where Agricultural Processing is allowed as a conditional use, it may be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]]
7.3.1, Conditional Use, and the following standards:
1. The minimum lot area is 10 acres.
2. The minimum setback for an Agricultural Processing structure from any lot
line is 75 feet.
3. The lot must front on and have access to a road built to primary residential
road or higher standards unless processing materials are produced on-site.
4. If the subject lot abuts [abutting] property in the AR zone, screening under
Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.

Section 3.2.3. Community Garden

A. Defined
[[A]] Community Garden [is] means land cultivated by a group of people to grow
products for personal use or limited distribution and not for sale on-site. Community Garden includes cultivation of fruits, vegetables, flowers, ornamental
plants, and beekeeping, but does not include [Animal Husbandry] Farming (see
[Sec. 3.2.11.A, Animal Husbandry] Section 3.2.6, Farming) or Urban Farming (see
Section [Sec.] 3.2.9, Urban Farming).

B. Use Standards
Where a Community Garden is allowed as a limited use, it must satisfy the following standards:
1. The total gross floor area of all structures, except greenhouses, [must not exceed] is limited to 10% of the lot or parcel used for the Community Garden.

Agricultural Processing [is] means any operation that transforms, packages,

sorts, or grades farm products into goods that are used for intermediate or final
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Chapter 59: Zoning Code

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

2. The maximum height for any accessory structure, including any pitched roof,
is 12 feet.
3. Only manual or walk-behind mechanical equipment and practices commonly
used in residential gardening may be used.

Section 3.2.4. Equestrian Facility

A. Defined
[[An]] Equestrian Facility [is] means any structure or land [area] that is used
primarily for the care, breeding, boarding, rental, riding, or training of horses or
the teaching of equestrian skills. Equestrian Facility includes events such as competitions, exhibitions, or other displays of equestrian skills.

B. Use Standards
1. Where an Equestrian Facility is allowed as a limited use, it must satisfy the
following standards:
a. The minimum gross acreage per horse is as follows:
i. for 1-2 horses, 2 acres;

d. Each building, show ring, paddock, outdoor arena, and manure storage
area must be located at least 100 feet from any existing dwelling on an
abutting property.
e. Amplified sound must [meet all requirements of] satisfy Chapter 31B.
f. Any outdoor arena lighting must direct light downward using full cutoff
fixtures; producing any glare or direct light onto nearby properties is prohibited. Illumination is prohibited after 10:00 p.m. on Friday or Saturday,
and after 9:00 p.m. on Sunday through Thursday.
g. Equestrian events are restricted as follows:
Number of Participants and Spectators
Hours of
Operation

Event

Informal Event

Minor
Event

Major
Event

Site
Requirements

Su-Th

Fr-Sa

0-25

26-50

51-150

151-300

Up to 17.9
acres

6am9pm

6am10pm

Unlimited
on any day

None

None

None

18 - 24.9 acres

6am9pm

6am10pm

Unlimited
on any day

Unlimited on Sat,
Sun and holidays;
maximum of 6
weekdays per
month

None

None

25 - 74.9 acres

6am9pm

6am10pm

Unlimited
on any day

Unlimited on Sat,
Sun and holidays;
maximum of 6
weekdays per
month

Maximum
of 7 per
year

None

75+ acres and

direct access
to a roadway
with an arterial
or higher
classification

6am9pm

6am10pm

Unlimited
on any day

Unlimited on Sat,
Sun and holidays;
maximum of 6
weekdays per
month

Maximum
of 7 per
year

Maximum
of 3 per
year lasting
up to 3
consecutive
days each

ii. for 3-10 horses, one acre per horse; and

iii. for more than 10 horses, 10 acres plus an additional one-half acre for
each horse over 10.
b. In the RNC zone, a maximum of 5 horses is allowed.
c. Any Equestrian Facility that keeps or boards more than 10 horses must
meet all nutrient management, water quality, and soil conservation standards of the County and State. A nutrient management plan prepared
by a qualified professional and a soil conservation and water quality plan
prepared by the Montgomery Soil Conservation District Board must be
submitted through a letter of certification by the landowner to DPS, or
other relevant agency. Enforcement of the nutrient management, water
quality, and soil conservation plans is the responsibility of the State of
Maryland. The landowner must obtain all plans within one year after
[commencement of] starting operations.

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h. A permit must be obtained from DPS for each event involving between
151 and 300 participants and spectators, per day. The applicant must
3 1 5

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

specify the nature of the event, the anticipated attendance of spectators

and participants, the number of days the event will take place, the hours
during which the event will take place, the area to be used for parking,
any traffic control measures intended to be put in place, and any other
information determined by DPS to be relevant to the issuance of the
permit. A fee for issuance of the permit may be set by DPS.
i. An Equestrian Facility conditional use application may be filed with the
Hearing Examiner [Board of Appeals] to deviate from any limited use
standard regarding: number of participants and spectators; number of
events each year; event acreage; or hours of operation. An Equestrian Facility conditional use approval must be renewed every 5 years. [, at which
time] Before the conditional use is renewed the Hearing Examiner [Board
of Appeals] must evaluate the effectiveness of the terms and conditions
of the original approval.
2. Where an Equestrian Facility is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under all applicable
limited use standards, Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and the
following standards:
a. If the subject lot abuts [abutting] property in the AR zone, screening
under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.
b. In the AR, R, RC, and RNC zones:
i. The Equestrian Facility must not adversely affect abutting land uses
or the surrounding road network.
ii. In evaluating the compatibility of an Equestrian Facility on the surrounding land uses, the Hearing Examiner [Board of Appeals] must
consider that the impact of an agricultural use on surrounding land
uses in an Agricultural or Rural Residential zone does not necessarily need to be controlled as stringently as the impact in a Residential
zone.
c. In the RE-2, RE-2C, RE-1, and R-200 zones:
i. Any Equestrian Facility on less than 5 acres must establish through a
pasture maintenance plan, feeding plan, and any other documentation the Hearing Examiner [Board of Appeals] requires, that the site

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contains sufficient open pasture to ensure proper care of the horses

and proper maintenance of the site.
ii. The Hearing Examiner [Board of Appeals] may limit or regulate more
stringently than limited use standards the following:
(a) the number of horses that may be kept or boarded;
(b) the number of horses that may be rented out for recreational riding or instruction;
(c) the number and type of equestrian events that may be held in a
one-year period; and
(d) the hours of operation of any equestrian event or activity.
iii. [All animal waste must be handled according to] The facility operator must satisfy the state requirements for nutrient management
concerning animal waste.

Section 3.2.5. Farm Supply or Machinery Sales, Storage, and

Service
A. Defined
Farm Supply or Machinery Sales, Storage, and Service [is] means the sales,
storage, or service of farm supply materials and machinery used in farming for
agricultural purposes. Farm Supply or Machinery Sales, Storage, and Service
does not include sales, storage, or service of vehicles and other machinery not
associated with farming.

B. Use Standards
1. Where Farm Supply or Machinery Sales, Storage, and Service is allowed as a
limited use and the subject lot abuts property in the AR zone, this use is limited to farm building supply and services that construct, stabilize, and repair
farm accessory buildings, structures, and fences.
2. Where Farm Supply or Machinery Sales, Storage, and Service is allowed as a
conditional use, it may be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.] [[8.3.1]] 7.3.1, Conditional Use, and the following
standards:

Chapter 59: Zoning Code

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

a. The minimum lot area is 5 acres. The Hearing Examiner [Board of Appeals] may require a larger area if warranted by the size and characteristics of the inventory.

B. The sale of products of agriculture and agricultural processing, if products are

produced on-site or on property owned, rented, or controlled [in Montgomery
and adjacent counties] by the farmer.

b. The minimum setback from any lot line for parking, buildings, or inventory storage is 75 feet, except that the minimum setback from the street
may be reduced to 50 feet if the Hearing Examiner [Board of Appeals]
finds that:

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

i. the confronting property is in an Agricultural or Rural Residential

zone; and
ii. the smaller setback would be compatible with surrounding uses.
c. The Hearing Examiner [Board of Appeals] may reduce the required number of parking spaces to a minimum of 2 spaces for every 1,000 square
feet of gross floor area, excluding storage area, if it finds that the reduction can be made without adverse impact on abutting uses.

Section 3.2.6. Farming

[A.] Defined
Farming [is] means the practice of agriculture on a property, [with or without] and
any associated buildings. Agriculture [is] means the business, science, and art of
cultivating and managing the soil[[,]]; composting, growing, harvesting, and selling
crops [[and livestock]], and the products of forestry, horticulture, and hydroponics;
breeding, raising, [[or]] managing, or selling livestock, including horses, poultry,
fish, game, and fur-bearing animals[[,]]; dairying, beekeeping, and similar activities[[,]]; and equestrian events and activities. Agriculture includes processing on
the farm of an agricultural product [in the course of preparing the] to prepare the
product for market and may [or may not] cause a change in the natural form or state
of the product. Farming includes the following accessory uses:
A. Accessory agricultural processing and storage of products grown or raised
on-site or on property owned, rented, or controlled [within Montgomery or
adjacent counties] by the farmer. Accessory agricultural processing includes a
milk plant, grain elevator, on-farm animal slaughtering, and mulch or compost
production and manufacturing.

C h a p t e r 59 : Z o n i n g C o d e
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D. The delivery and installation of horticultural products grown on the farm.

E. The production and manufacturing of mulch or compost where up to 20% of the
materials used in accessory processing can come from off-site sources.
F. Accessory agricultural education and tourism activities conducted as a part of a
farm's regular operations, with emphasis on hands-on experiences and events
that foster increased knowledge of agriculture, including cultivation methods,
animal care, water conservation, Maryland's farming history, the importance of
eating healthy, and locally grown foods. Allowed activities include corn mazes,
hay rides, and educational tours, classes, and workshops. The maximum footprint for any structure and the total footprint of all structures primarily used for
education or tourism is limited to 10% of the total footprint square footage of
all structures on the site used for agriculture. The property must have DPS approved sanitation facilities for this accessory use.

[B. Use Standards

Where Farming is allowed as a limited use, it must satisfy the following standards:
1. Sod farming is prohibited.
2. The breeding, raising, or managing of livestock is prohibited, except as allowed under Animal Husbandry (see Sec. 3.2.11.A, Animal Husbandry).]

Section 3.2.7. Nursery

A. Nursery (Retail)
1. Defined
[[A]] Nursery (Retail) [is] means an establishment for selling plants and plant
materials to the public, as well as garden supplies, equipment, and related
items. Nursery (Retail) does not include Landscape Contractor (see Section
[Sec.] 3.5.5, Landscape Contractor).

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

2. Use Standards
a. Where Nursery (Retail) is allowed as a limited use, [for] any Nursery
(Retail) over 5,000 square feet of gross floor area, may be a maximum of
50% of the [allowed gross floor area] mapped FAR. [may be for the use]

Where a Nursery (Wholesale) is allowed as a conditional use, it may be

permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use, and the following standards:

b. Where a Nursery (Retail) is allowed as a conditional use, it may be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use, and the following standards:

a. The minimum lot area is 2 acres.

b. The minimum building setback from any lot line is 50 feet; the minimum
outdoor storage setback is 25 feet.

i. The minimum lot area is 2 acres.

Section 3.2.8. Slaughterhouse

ii. The minimum building setback from any lot line is 50 feet; the minimum outdoor storage setback is 25 feet.

A. Defined

iii. The lot must front on and have access to a road built to primary residential or higher standards. In the AR, R, and RC zones, this standard
is not required if the Hearing Examiner [Board of Appeals] finds that:
(a) Road access will be safe and adequate for the anticipated traffic
to be generated; and
(b) The use at this location will not be an intrusion into an established
residential neighborhood.
iv. Tools and equipment for sale must not be displayed outdoors.
v. The incidental sale of seasonal items is allowed.
vi. The sale of general hardware or power equipment is prohibited.
vii. The manufacture of mulch, other than by composting of plant material, is prohibited.

B. Nursery (Wholesale)
1. Defined
[[A]] Nursery (Wholesale) [is] means an establishment for selling plants and
plant materials to other businesses, as well as garden supplies, equipment,
and related items. Nursery (Wholesale) includes the [stocking and] sale of
fertilizers, plant food, and pesticides that are produced off-site and storing
such items. Nursery (Wholesale) does not include Landscape Contractor (see
Section [Sec.] 3.5.5, Landscape Contractor).

318

2. Use Standards

[ [D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

[[A]] Slaughterhouse [is] means any structure and land where livestock raised
off-site are slaughtered for commercial purposes.

B. Use Standards
Where a Slaughterhouse is allowed as a conditional use, it may be permitted
by the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]] 7.3.1,
Conditional Use, and the following standards:
1. The minimum lot area is 20 acres.
2. The minimum setback from any lot line is 75 feet.
3. If the subject lot abuts [abutting] property in the AR zone, screening under
Division[[7.5]] 6.5 [Sec. 7.4.5] is not required.
4. The lot must front on and have direct access to a road built to primary residential or higher standards.

Section 3.2.9. Urban Farming

A. Defined
Urban Farming [is] means the cultivation of fruits, vegetables, flowers, and
ornamental plants, as well as the limited keeping and raising of fowl or bees and
the practice of aquaculture.

B. Use Standards
Where Urban Farming is allowed as a limited use, it must satisfy the following
standards:

Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d

[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

1. The minimum area for an urban farm is 2,500 square feet. This standard does
not apply to the keeping of bees.
2. One fowl may be kept for every 1,000 square feet of [land] lot or parcel area;
roosters are prohibited.
3. Aquaculture is permitted in tanks or pools.
4. The maximum total gross floor area of all structures, including aquaculture
tanks or pools but excluding greenhouses, is 10% of the lot or parcel on any
urban farm.
5. The minimum setback for accessory structures from any lot line is 15 feet.
6. The maximum height for any accessory structure, including any pitched roof,
is 14 feet.
7. Only manual or walk-behind mechanical equipment and practices commonly
used in residential gardening may be used.

Section 3.2.10. Winery

A. Defined
[[A]] Winery [is] means any structure and land for processing grapes or other
fruit into wine for sale on-site or through wholesale or retail outlets where a
minimum of 5 acres of grapes or other fruit must be grown on the same parcel or
lot as the processing facility.

B. Use Standards
1. Where a Winery is allowed as a limited use, it must satisfy the following
standards:
a. In the AR zone:
i. A maximum of 9 days of events that require an entrance ticket or a
cover charge is allowed each calendar year. Additional events require
conditional use approval by the Hearing Examiner [Board of Appeals]
under Section [Sec.][[8.3.1]] 7.3.1.
ii. The maximum lighting level at any lot line is 0.1 footcandle.
b. In the R and RC zone, a maximum of 2 special events such as a wedding,
festival, or other similar event are allowed each calendar year. Additional

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events require conditional use approval by the Hearing Examiner [Board

of Appeals] under Section [Sec.][[8.3.1]] 7.3.1.
2. Where a Winery is allowed as a conditional use, it may be permitted by the
Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]] 7.3.1,
Conditional Use, and the following standards:
a. The minimum lot area is 10 acres.
b. The minimum setback for any structure from any lot line is 75 feet,
except that the minimum front setback may be reduced to 50 feet if the
Hearing Examiner [Board of Appeals] finds the reduced setback is compatible with abutting and confronting agricultural uses.
c. The lot must front on and have access to a road built to primary or higher
standards.

Section 3.2.11. Accessory Agricultural Uses

[[A. Agricultural Education/Tourism
1. Defined
Agricultural Education/Tourism means agricultural and accessory activities
conducted as a part of a farms regular operations with emphasis on handson experiences and events that foster increased knowledge of agriculture,
including cultivation methods, animal care, water conservation, Marylands
farming history, the importance of eating healthy, locally grown foods, and
includes corn mazes, hay rides, and educational tours, classes, and workshops.

2. Use Standards
Where Agricultural Education/Tourism is allowed as a limited use, it must
satisfy the following standards:
a. The property must be farmed and agriculturally assessed.
b. A minimum of 80% of the property is maintained in agricultural cultivation, pasture land, woodland, or natural features.
c. Impervious area is a maximum of 8% of the portion of the site where the
Agricultural Education/Tourism area is located.
d. The property must have proper sanitation facilitates approved by DPS.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

e. The use must be an accessory use to a farm.]]

[B. Animal Husbandry

1. Defined
Animal Husbandry is the practice of raising hens, ducks, miniature goats,
rabbits, or bees.

2. Use Standards
Where Animal Husbandry is allowed as a limited use, it must satisfy the following standards:
a. Any accessory structure used to house hens, ducks, miniature goats, or
rabbits must meet the setback requirements of an accessory structure
for the zone.
d. One miniature goat may be kept for every 2,000 square feet of land
area and one hen, duck, or rabbit may be kept for every 1,000 square
feet of land area. A combined total of 8 animals is allowed per lot. When
calculating the number of animals allowed per lot, the square footage
designated for one animal cannot be used to satisfy the square footage
requirement of another animal.
e. Roosters are prohibited.
f. In the CRN, CRT, CR, GR, NR, LSC, EOF, IL, IM, and IH zones, only bees
are allowed.]

A. Farm Airstrip, Helistop

1. Defined
[[A]] Farm Airstrip, Helistop [is] means an accessory take-off and landing
facility for aircraft associated with farming operations.

2. Use Standards
Where a Farm Airstrip, Helistop is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use, and the following standards:
a. Only one aircraft is permanently [housed] parked at the airstrip or helistop.

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b. The applicant must obtain a favorable air space determination from the
Federal Aviation Administration (FAA) in response to an application filed
on Form 33 FAA 7480.1 titled Notice of Proposed Landing Area Established, or whatever form number and title the FAA may require.
c. The minimum setback from any lot line is 1,000 feet.
d. The aircraft using the airstrip or helistop must aid farming operations.
e. The airstrip or helistop must be unpaved.
f. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.

B. Farm Market, On-site

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

2. Use Standards
Where a Farm Market, On-site is allowed as a limited use, it must satisfy the
following standards:
a. In the AR, R, RC, RNC, RE-2, RE-2C, RE-1, and R-200 zones:
i. The minimum setback for the sale and display area is 25 feet from the
paved edge of the roadway.
ii. Firewood sold at a Farm Market, On-site must be cut and split on the
farm where the wood is harvested.
iii. A maximum of 25% of the Farm Market, On-site display and sales
area may be used for agricultural products not produced on a farm
under the control of the owner or operator of the Farm Market,
On-site. In the event of crop failure due to drought, insect damage,
disease, or other cause beyond the control of the owner or operator
of the Farm Market, On-site DPS may, upon the recommendation
of the Department of Economic Development and the Montgomery
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County Agricultural Advisory Committee and, for a limited period

of time, permit more than 25% of the Farm Market, On-site display
and sales area to be used for agricultural products not produced on a
farm under the control of the owner or operator of the Farm Market,
On-site.
b. In the R-90, R-60, R-40, TLD, TMD, THD, R-30, R-20, R-10, CRN, CRT, CR,
GR, NR, LSC, EOF, IL, and IM zones:
i. All of the agricultural products for display and retail sale must be
produced on-site.
ii. The minimum setback for the sale and display area is 25 feet from
any lot line [shared with a property] where the subject lot abuts property in a Residential zone.

Section 3.2.12. Temporary Agricultural Uses

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

2. Use Standards
Where Agricultural Vending is allowed as a limited use, it must satisfy the
following standards:
a. A temporary use permit from DPS is required.
b. The maximum time the structure or vehicle used for sales may remain in
the same location is 24 hours.
c. In the Residential, CRN, Employment, IL, and IM zones:
i. The minimum setback from any dwelling is 100 feet.

[3. The maximum time the structure or vehicle used for sales may remain in the
same location is 24 hours.]

B. Seasonal Outdoor Sales

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

2. Use Standards
Where Seasonal Outdoor Sales is allowed as a limited use, it must satisfy the
following standards:
a. A temporary use permit from DPS is required. Temporary use permit
duration is a maximum of 45 days. A maximum of 2 temporary permits
can be issued per site annually.
b. A plan must be submitted by the applicant demonstrating adequate
vehicular circulation, parking, and queuing.
c. Any obstruction that adversely affects visibility at an intersection or to
any Seasonal Outdoor Sales driveway is prohibited.
d. Evergreen trees may only be sold beginning the first Saturday following
Thanksgiving Day through December 24th, and are exempt from Section
3.2.12.B.2.b and Section 3.2.12.B.2.e.ii.
e. [d.] In the Agricultural, Rural Residential, Residential, LSC, and EOF
zones:
i. The property must be vacant or used for nonresidential purposes.
ii. Except where Seasonal Outdoor Sales occur on the site of a Religious
Assembly use, the site must front on and have access to a road built
to primary or higher standards.

ii. The site must:

(a) be a minimum of 2 acres;
(b) be used for nonresidential purposes; and
(c) front on a roadway with a minimum of [[4]] 2 travel lanes.

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Division 3.3. Residential Uses

Section 3.3.1. Household Living
A. Defined, In General
Household Living [is] means the residential occupancy of a dwelling unit by a
household on a monthly or longer basis.

B. Single-Unit Living
1. Defined
Single-Unit Living [is] means one dwelling unit contained in a detached
house building type.

2. Use standards
Where Single-Unit Living is allowed as a limited use, it must satisfy the following standards:
a. In the GR, NR, and EOF zones, the gross floor area of all Household Living uses [in an application] on a site [must not exceed] is limited to 30%
of the [maximum allowed FAR mapped] total gross floor area on the
subject site.
b. In the LSC zone[, if the tract is larger than 5 acres, the gross floor area
of] all Household Living uses [in an application] [must not exceed] are
limited to 30% of the maximum allowed FAR mapped on the subject site.

C. Two-Unit Living
1. Defined
Two-Unit Living [is] means 2 dwelling units contained in a duplex building
type.

2. Use Standards
Where Two-Unit Living is allowed as a limited use, it must satisfy the following standards:
a. In the RE-2C and RE-1 zones, Two-Unit Living is permitted as part of a development including optional method Moderately Priced Dwelling Units

(see Division [Div] [[6.1]] 4.4[[, MPDU Development in Rural Residential

and Residential Zones]]) if it is
i. served by public sewer service; or
ii. designated for sewer service in the applicable master plan.
b. In the R-200 zone, Two-Unit Living is permitted as part of a development including optional method Moderately Priced Dwelling Units (see
Division [Div][[6.1]] 4.4[[, MPDU Development in Rural Residential and
Residential Zones]]).
c. In the R-90 and R-60 zones, Two-Unit Living is permitted as part of a
development including optional method Moderately Priced Dwelling
Units [[(see Division [Div]6.1, MPDU Development in Rural Residential
and Residential Zones),]] or [a] optional method Cluster Development
(see Division [[6.2]] 4.4[[, Cluster Development in Rural Residential and
Residential Zones]]).
d. In the GR, NR, and EOF zones, the gross floor area of all Household Living uses [in an application] on a site [must not exceed] is limited to 30%
of the [maximum allowed FAR mapped] total gross floor area on the
subject site.
e. In the LSC zone[, if the tract is larger than 5 acres, the gross floor area
of] all Household Living uses [in an application] [must not exceed] are
limited to 30% of the maximum allowed FAR mapped on the subject site.

D. Townhouse Living
1. Defined
Townhouse Living [is] means 3 or more dwelling units in a townhouse building type.

2. Use Standards
Where Townhouse Living is allowed as a limited use, it must satisfy the following standards:
a. In the RE-2C and RE-1 zones, Townhouse Living is permitted as part of
a development including optional method Moderately Priced Dwelling

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Units (see Division [Div][[6.1]] 4.4[[, MPDU Development in Rural Residential and Residential Zones]]) if it is
i. served by public sewer service; or
ii. designated for sewer service in an applicable master plan.
b. In the R-200 and R-40 zones, Townhouse Living is permitted as part of
a development including optional method Moderately Priced Dwelling
Units (see Division [Div][[6.1]] 4.4[[, MPDU Development in Rural Residential and Residential Zones]]).
c. In the R-90 and R-60 zones, Townhouse Living is permitted as part of the
following:
i. a development including optional method Moderately Priced Dwelling Units (see Division [Div][[6.1]] 4.4[[, MPDU Development in Rural
Residential and Residential Zones]]); [[or]]
ii. [a] optional method cluster development (see Division [Div][[6.2]]
4.4[[, Cluster Development in Rural Residential and Residential
Zones]]) that is a minimum of 10 acres in size; or
iii. [a] optional method cluster development (see Division [Div][[6.2]]
4.4[[, Cluster Development in Rural Residential and Residential
Zones]]) that is a minimum of 3 acres or more in size and recommended in a master plan.
d. In the GR, NR, and EOF zones, the gross floor area of all Household Living uses [in an application] on a site [must not exceed] is limited to 30%
of the [maximum allowed FAR mapped] total gross floor area on the
subject site.
e. In the LSC zone[, if the tract is larger than 5 acres, the gross floor area
of] all Household Living uses [in an application] [must not exceed] are
limited to 30% of the maximum allowed FAR mapped on the subject site.

E. Multi-Unit Living
1. Defined
Multi-Unit Living [is] means dwelling units in an apartment[/condo] or multi
use building type. Multi-Unit Living includes ancillary offices to manage,
service, and maintain the development.

2. Use Standards
Where Multi-Unit Living is allowed as a limited use, it must satisfy the following standards:
a. In the GR, NR, and EOF zones, the gross floor area of all Household Living uses [in an application] on a site [must not exceed] is limited to 30%
of the [maximum allowed FAR mapped] total gross floor area on the
subject site.
b. In the LSC zone[, if the tract is larger than 5 acres, the gross floor area
of] all Household Living uses [in an application] [must not exceed] are
limited to 30% of the maximum allowed FAR mapped on the subject site.

Section 3.3.2. Group Living

A. Defined, In General
Group Living [is] means the residential occupancy of a structure by a group of
people that does not meet the definition of any Household Living use under
Section [Sec.] 3.3.1, where tenancy is arranged on a monthly or longer basis.

B. Dormitory
Defined
[[A]] Dormitory [is] means a building or portion of a building used for sleeping
purposes in connection with a school, college, or other institution.

C. Independent Living Facility for Seniors or Persons with Disabilities

1. Defined
[[An]] Independent Living Facility for Seniors or Persons with Disabilities [is]
means a building containing dwelling units and related services for senior
adults or persons with disabilities. Independent Living Facility for Seniors
or Persons with Disabilities includes meal preparation and service, day care,

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personal care, nursing or therapy, or any service to the senior adult or disabled population of the community that is an ancillary part of one of these
operations.

2. Use Standards
a. Where an Independent Living Facility for Seniors or Persons with Disabilities is allowed as a limited use, it must satisfy the following standards:
i. The facility must meet all applicable Federal, State, and County licensure, certificate, and regulatory requirements.
ii. Resident staff necessary for the operation of the facility are allowed
to live on-site.
iii. Occupancy of a dwelling unit is restricted to the following:
(a) a senior adult or person with disabilities, as defined in Section
[Sec.] 1.4.2, Defined Terms;
(b) the spouse of a senior or disabled resident, regardless of age or
disability;
(c) a resident care-giver, if needed to assist a senior or disabled
resident; or
(d) in a development designed primarily for persons with disabilities
rather than senior adults, one parent, daughter, son, sister, or
brother of a handicapped resident, regardless of age or disability.
(e) Age restrictions must [[comply with]] satisfy at least one type
of exemption for housing for older persons from the familial
status requirements of the federal Fair Housing Act, Title VIII
of the Civil Rights Act of 1968, [and subsequent amendments] as
amended.
b. Where an Independent Living Facility for Seniors or Persons with Disabilities is allowed as a conditional use, it may be permitted by the Hearing
Examiner [Board of Appeals] under all limited use standards, Section
[Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:
i. The site or the proposed facility has adequate accessibility to or provides on-site public transportation, medical service, shopping areas,

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recreation and other community services frequently desired by senior

adults or persons with disabilities. The application must [contain]
include a vicinity map showing major thoroughfares, public transportation routes and stops, and the location of commercial, medical and
public services within a one-mile radius of the proposed facility.
ii. The Hearing Examiner [Board of Appeals] may restrict the availability
of ancillary services to nonresidents and specify the manner in which
this is publicized. Retail facilities may be included for the exclusive
use of the residents of the building.
iii. A minimum of 15% of the dwelling units is permanently reserved
for households of very low income, or 20% for households of low
income, or 30% for households of MPDU income. If units are reserved
for households of more than one of the specified income levels,
the minimum percentage must be determined by agreement with
the Department of Housing and Community Affairs under Executive regulations. Income levels are defined in Section 1.4.2 [Div 1.4],
Defined Terms.
iv. Height, density, coverage, and parking standards must be compatible
with surrounding uses and the Hearing Examiner [Board of Appeals]
may modify any standards to maximize the compatibility of buildings
with the residential character of the surrounding neighborhood.
v. [Notwithstanding the maximum building height requirements of
Sec. 4.3.3 through Sec. 4.3.5 and Sec. 4.4.3 through Sec. 4.4.13, the]
The maximum building height of an Independent Living Facility for
Seniors or Persons with Disabilities is 60 feet in spite of any other
limitation in this Chapter.
vi. The minimum front setback is 50 feet. Except for an access driveway,
this setback area must be maintained as green area; however, if
development does not exceed the height limit of the applicable Residential zone, the minimum setback specified by the zone applies.
vii. The minimum side and rear setback is 25 feet or as specified by the
relevant zone, whichever is greater.
viii. The minimum green area is:

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(a) 70% in the RE-2, RE-2C, and RE-1 zone, except where the minimum green area requirement is established in a master plan;
(b) 60% in the R-200 zone; and
(c) 50% in the R-60, R-90, and Residential Townhouse zones.
ix. The Hearing Examiner [Board of Appeals] may reduce the green area
requirement by up to 15% if it is necessary to accommodate a lower
building height for compatibility reasons.

D. Personal Living Quarters

1. Defined, In General
Personal Living Quarters [is] means any building or portion of a building
containing more than 5 individual living units, [which must have] with shared
cooking facilities and may have shared sanitation facilities. Personal Living
Quarters does not include Multi-Unit Living or Hotel, Motel.
2. Use Standards

a. Personal Living Quarters (Up to 50 Individual Living Units)

Where Personal Living Quarters (Up to 50 Individual Living Units) are allowed as a limited use, it must satisfy the following standards:
i. Each individual living unit must have a minimum gross floor area of
150 square feet and a maximum gross floor area of 385 square feet.
ii. Each individual living unit is prohibited from having complete cooking facilities such as a stove, oven, or similar device, but may contain
equipment for incidental food preparation, such as small portable
kitchen appliances.

(b) in the R-20 zone, 43 units per acre; and

(c) in the R-10 zone, 87 units per acre.
vi. If individual living units are constructed on a lot or included in a building with complete dwelling units, the density standard for dwelling units in the zone applies to that portion of the lot that contains
complete dwelling units.

b. Personal Living Quarters (Over 50 Individual Living Units)

Where Personal Living Quarters (Over 50 Individual Living Units) are allowed as a conditional use, it may be permitted by the Hearing Examiner
[Board of Appeals] under all limited use standards for Personal Living
Quarters (Up to 50 Individual Living Units), Section [Sec.][[8.3.1]] 7.3.1,,
Conditional Use, and the following standards:
i. An applicant for Personal Living Quarters must submit evidence
which shows how the maintenance and management of the Personal
Living Quarters will be provided. The Hearing Examiner [Board of Appeals] may require on-site management and maintenance.
ii. Common open space may be required by the Hearing Examiner
[Board of Appeals] as follows:
(a) 10% of the gross floor area of the Personal Living Quarters if the
smallest individual living unit has a gross floor area of less than
200 square feet; and
(b) 5% of the gross floor area of the Personal Living Quarters if the
smallest individual living unit has a gross floor area of 200 square
feet or greater.

iii. Each individual living unit may contain separate sanitation facilities.

E. Residential Care Facility

iv. Each individual living unit must have a rental agreement with a minimum lease term of at least 30 days. Copies of the rental agreement
must be available for inspection by, and provided upon demand to
the County.

1. Defined, In General

v. The maximum number of individual living units per acre is as follows:

[[A]] Residential Care Facility [is] means a group care or similar arrangement
for the care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual, in which:

(a) in the R-30 zone, 29 units per acre;

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a. the facility must meet all applicable Federal, State, and County certificate, licensure, and regulatory requirements;
b. resident staff necessary for operation of the facility are allowed to live
on-site; and
c. the number of residents includes members of the staff who reside at the
facility, but does not include infants younger than 2 months old.
Residential Care Facility includes a nursing home, an assisted living facility, a continuing care retirement community, a hospice, and a group home.
Residential Care Facility does not include a Hospital (see Section [Sec.] 3.4.6,
Hospital) or Independent Living Facility for Seniors or Persons with Disabilities (see Section [Sec.] 3.3.2.C, Independent Living Facility for Seniors or
Persons with Disabilities).

2. Use Standards
a. Residential Care Facility (Up to 8 Persons)
Where a Residential Care Facility (Up to 8 Persons) is allowed as a limited
use it may be prohibited under Section [Sec.] 3.1.5, Transferable Development Rights.

b. Residential Care Facility (9 - 16 Persons)

i. Where a Residential Care Facility (9 - 16 Persons) is allowed as a limited use, and the subject lot abuts or confronts [abutting or confronting] a property zoned Agricultural, Rural Residential, or Residential
Detached that is vacant or improved with an agricultural or residential use, site plan approval is required under Section [Sec.][[8.3.4]]
7.3.4.
ii. Where a Residential Care Facility (9 - 16 Persons) is allowed as a conditional use, it may be permitted by the Hearing Examiner [Board of
Appeals] under Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and the
following standards:
(a) A group home for children must provide ample outdoor play
space, free from hazard and appropriately equipped for the age
and number of children to be cared for.

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(b) Height, density, coverage, and parking standards must be

compatible with surrounding uses and the Hearing Examiner
[Board of Appeals] may modify any standards to maximize the
compatibility of the building with the residential character of the
surrounding neighborhood.
(c) In the AR zone, this use may be prohibited under Section [Sec.]
3.1.5, Transferable Development Rights.

c. Residential Care Facility (Over 16 Persons)

i. Where a Residential Care Facility (Over 16 Persons) is allowed as
a limited use, and the subject lot abuts or confronts [abutting or
confronting] a property zoned Agricultural, Rural Residential, or
Residential Detached that is vacant or improved with an agricultural
or residential use, site plan approval is required under Section [Sec.]
[[8.3.4]] 7.3.4.
ii. Where a Residential Care Facility (Over 16 Persons) is allowed as a
conditional use, it may be permitted by the Hearing Examiner [Board
of Appeals] under Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and
the following standards:
(a) The facility may provide ancillary services such as transportation,
common dining room and kitchen, meeting or activity rooms,
convenience commercial area or other services or facilities for the
enjoyment, service or care of the residents. Any such service may
be restricted by the Hearing Examiner [Board of Appeals].
(b) A group home for children must provide ample outdoor play
space, free from hazard and appropriately equipped for the age
and number of children [[to be cared for]] who will use the facility.
(c) Where residential dwelling units are provided
(1) the maximum residential density per lot area is 15 units per
acre or the maximum density allowed in the zone, whichever
is greater; and
(2) the minimum green area is 50%.

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(d) Where facility size is based on the number of beds, not dwelling
units, the following lot area is required:
(1) In the R, RC, and RNC zones, 2,000 square feet per bed or 5
acres, whichever is greater.
(2) In all other zones, the minimum lot area is 2 acres or the following, whichever is greater:
(i) in RE-2, RE-2C, RE-1, and R-200 zone: 1,200 square feet
per bed;
(ii) in R-60, R-90, and R-40 zone: 800 square feet per bed;
(iii) in TLD, TMD, THD, R-30, and R-20 zone: 600 square feet
per bed; and
(iv) in R-10: 300 square feet per bed.
(e) The minimum side setback is 20 feet.
(f) Independent dwelling units must satisfy the [residential portions
of the] MPDU provisions of Chapter 25 ( Section [Sec.] 25.A-5).
(g) In a continuing care retirement community, occupancy of any
independent dwelling unit is restricted to persons 62 years of age
or older, with the following exceptions:
(1) the spouse of a resident, regardless of age;
(2) another relative of a resident, 50 years of age and older;
(3) the resident widow, widower, or other surviving relative of
a resident who dies while residing at the continuing care
retirement community, is allowed to remain even though the
resident widow, widower, or other surviving relative has not
reached the age of 62.
A minimum of 80% of the dwelling units must be occupied by at
least one person per unit who is 55 years of age or older.
(h) Height, density, coverage, and parking standards must be
compatible with surrounding uses and the Hearing Examiner
[Board of Appeals] may modify any standards to maximize the

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compatibility of the building with the residential character of the

surrounding neighborhood.
(i) In the AR zone, this use may be prohibited under Section [Sec.]
3.1.5, Transferable Development Rights.

Section 3.3.3. Accessory Residential Uses

A. Accessory Apartment, In General
1. Defined, In General
[[An]] Accessory Apartment [is] means a second dwelling unit that is
subordinate to the principal dwelling. An Accessory Apartment includes an
Attached Accessory Apartment and a Detached Accessory Apartment.

2. Use Standards for all Accessory Apartments

a. Where an Accessory Apartment is allowed as a limited use, it must satisfy
the following standards:
i. Only one Accessory Apartment is permitted for each lot.
ii. The Accessory Apartment was approved as a conditional use before
May 20, 2013 and satisfies the conditions of the conditional use approval; or
iii. The Accessory Apartment is licensed by the Department of Housing
and Community Affairs under Chapter 29 (Sec 29-19); and
(a) the apartment has the same street address as the principal dwelling;
(b) one on-site parking space is provided in addition to any required
on-site parking space for the principal dwelling; however, if a new
driveway must be constructed for the Accessory Apartment, then
2 on-site parking spaces must be provided;
(c) the maximum gross floor area for an Accessory Apartment,
including any floor area used for an Accessory Apartment in a
cellar, must be less than 50% of the total floor area in the principal
dwelling, including any floor area used for an Accessory Apart-

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ment in the cellar of the principal dwelling, or 1,200 square feet,

whichever is less;
(d) the maximum floor area used for an Accessory Apartment in a
proposed addition to the principal dwelling must not be more
than 800 square feet if the proposed addition increases the footprint of the principal dwelling; and
(e) the maximum number of occupants is limited by Chapter 26 (Section [Sec.] 26-5); however, the total number of occupants residing
in the Accessory Apartment who are 18 years or older is limited
to 2.
iv. An Accessory Apartment must not be located on a lot where any
other allowed rental Residential use exists; however, an Accessory
Apartment may be located on a lot in an Agricultural or Rural Residential zone that includes a Farm Tenant Dwelling or a Guest House.
v. In the Agricultural and Rural Residential zones, [it] an Accessory
Apartment is excluded from any density calculations. If the property
associated with an Accessory Apartment is subsequently subdivided,
[these provisions no longer apply] the Accessory Apartment is included in the density calculations.
vi. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.
vii. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.
b. An Accessory Apartment conditional use application may be filed with
the Hearing Examiner to deviate from the following limited use standards:
i. the number of on-site parking spaces; or
ii. the minimum distance from any other Attached or Detached Accessory Apartment.
c. Where an Accessory Apartment conditional use application is filed under
Section [Sec.] 3.3.3.A.2.b, the Accessory Apartment may be permitted by
the Hearing Examiner under the limited use standards in Section [Sec.]

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3.3.3.A.2.a, Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:
i. Fewer off-street spaces are allowed if there is adequate on-street
parking. On-street parking is inadequate if:
(a) the available on-street parking for residents within 300 feet of the
proposed Accessory Apartment would not permit a resident to
park on-street near his or her residence on a regular basis; and
(b) the proposed Accessory Apartment is likely to reduce the available on-street parking within 300 feet of the proposed Accessory
Apartment.
ii. When considered in combination with other existing or approved
Accessory Apartments, the deviation in distance separation does not
result in an excessive concentration of similar uses, including other
conditional uses, in the general neighborhood of the proposed use.

B. Attached Accessory Apartment

1. Defined
[[An]] Attached Accessory Apartment [is] means a second dwelling unit that
is part of a detached house building type and [provides] includes facilities for
cooking, eating, sanitation, and sleeping. An Attached Accessory Apartment
is subordinate to the principal dwelling.

2. Use Standards
Where an Attached Accessory Apartment is allowed as a limited use, it must
satisfy the use standards for all Accessory Apartments under Section [Sec.]
3.3.3.A.2 and the following standards:
a. A separate entrance is located:
i. on the side or rear of the dwelling;
ii. at the front of the principal dwelling, if the entrance existed before
May 20, 2013; or
iii. at the front of the principal dwelling, if it is a single entrance door for
use of the principal dwelling and the Attached Accessory Apartment;

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b. The detached house in which the Accessory Apartment is to be created

or to which it is to be added must be at least 5 years old on the date of
application for a license or a conditional use.
c. In the RE-2, RE-2C, RE-1, and R-200 zones the Attached Accessory Apartment is located at least 500 feet from any other Attached or Detached
Accessory Apartment, measured in a line from side lot line to side lot line
along the same block face;
d. In the RNC, R-90, and R-60 zones the Attached Accessory Apartment is
located at least 300 feet from any other Attached or Detached Accessory
Apartment, measured in a line from side lot line to side lot line along the
same block face;

C. Detached Accessory Apartment

1. Defined
[[A]] Detached Accessory Apartment [is] means a second dwelling unit that
is located in a separate accessory structure on the same lot as a detached
house building type and [provides] includes facilities for cooking, eating,
sanitation, and sleeping. A Detached Accessory Apartment is subordinate to
the principal dwelling.

2. Use Standards
a. Where a Detached Accessory Apartment is allowed as a limited use, it
must satisfy the use standards for all Accessory Apartments under Section [Sec.] 3.3.3.A.2 and the following standards:
i. In the RE-2, RE-2C, and RE-1 zones the Detached Accessory Apartment is located a minimum distance of 500 feet from any other
Attached or Detached Accessory Apartment, measured in a line from
side lot line to side lot line along the same block face.
ii. A Detached Accessory Apartment built after May 30, 2012 must
have the same minimum side setback as the principal dwelling and
a minimum rear setback of 12 feet, unless more restrictive accessory
building or structure setback standards are required under [[Division
[Div] 4.2 through Division [Div] 4.4]] Article 59-4.
iii. The minimum lot area is one acre.

b. Where a Detached Accessory Apartment is allowed as a conditional use,

it may be permitted by the Hearing Examiner under all limited use standards and Section [Sec.][[8.3.1]] 7.3.1, Conditional Use.

D. Dwelling for Caretaker/Watchkeeper

Defined
[[A]] Dwelling for a Caretaker/Watchkeeper [is] means a dwelling unit for a caretaker or watchkeeper and their families.

E. Farm Tenant Dwelling

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

2. Use Standards
Where a Farm Tenant Dwelling is allowed as a limited use, it must satisfy the
following standards:
a. In the Agricultural and Rural Residential zones, it is excluded from any
density calculations, if it remains accessory to a farm. If the property
associated with a Farm Tenant Dwelling is subsequently subdivided, the
Farm Tenant Dwelling is included in the density calculations.
b. The maximum number of tenants in a single dwelling is limited by well
and septic capacity.
c. In the RE-2C zone only one Farm Tenant Dwelling is allowed and it must
be a mobile home.
d. In the Agricultural, Rural Residential, RE-2, and RE-1 zones, a Farm Tenant Dwelling in existence before June 1, 1958, may be rented to a tenant
other than an agricultural worker, if the dwelling meets all applicable
health and safety regulations.
e. In the RE-2, RE-1, and R-200 zones, only one mobile home is allowed.
[f. In the R-90, R-60, and R-40 zones, mobile homes are prohibited.]

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F. Guest House
1. Defined
[[A]] Guest House [is] means a detached dwelling that is intended, arranged,
or designed for occupancy by transient, nonpaying visitors of the resident
owner of the principal dwelling.

2. Use Standards
Where a Guest House is allowed as a limited use, it must satisfy the following
standards:
a. A Guest House must not be located on a lot:
i. that is occupied by a renter;
ii. that has an accessory apartment; or
iii. where the owner of the lot resides off-site for more than 6 months in
any calendar year.
b. In the Agricultural and Rural Residential zones, [it] a Guest House is excluded from any density calculations, if it remains accessory to a farm. If
the property associated with a Guest House is subsequently subdivided,
the Guest House is included in the density calculations.
c. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.

G. Home Health Practitioner

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

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2. Use Standards for All Home Health Practitioners

a. A Home Health Practitioner is prohibited in an apartment[/condo], multi
use, and general building type.
b. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.
c. To maintain the residential character of the dwelling:
i. The use must be conducted by an individual or individuals residing in
the dwelling unit.
ii. The use must be conducted within the dwelling unit or any accessory
building and not in any open yard area. The use must be subordinate
to the use of the dwelling for residential purposes and any external
modifications must be consistent with the residential appearance of
the dwelling unit.
iii. Exterior storage of goods or equipment is prohibited.
iv. The maximum amount of floor area used for the Home Health
Practitioner is 33% of the eligible floor area of the dwelling unit plus
any existing accessory building on the same lot, or 1,500 square feet,
whichever is less.
v. An existing accessory building may be used for the home health
practice, but external evidence of such use is prohibited. Only one
accessory building may be used and it must be an eligible area.
vi. Equipment or facilities are limited to:
(a) office equipment; or
(b) medical equipment.
vii. Any equipment or process that creates a nuisance or violates any
law is prohibited in connection with the operation of a home health
practice.
viii. Disposal of medical waste must be regulated by State laws and
regulations.
ix. Truck deliveries are prohibited, except for parcels delivered by public
or private parcel services that customarily make residential deliveries.

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x. Appointments are required for visits, but emergency patients may

visit outside the specified hours or without appointment.
xi. Clients, patients, or other visitors must be informed of the correct
address and parking location.
xii. In a Residential zone, any additional parking must be located behind
the front building line.
d. [xiii.] The applicant [M]must provide valid proof of home address as established by Executive regulations under Method 2 of Chapter 2 (Section
[Sec.] 2A-15).
e. [xiv.] In the AR zone, this use may be prohibited under Section [Sec.]
3.1.5, Transferable Development Rights.

3. Home Health Practitioner (Low Impact)

a. Defined
[[A]] Home Health Practitioner (Low Impact) [is] means a Home Health
Practitioner that is limited to 2 resident health practitioners and one nonresident support person in a 24-hour period.

b. Use Standards

v. Parking must be screened under Section [Sec.] [[7.2.9.B]] 6.2.9.B

or Section [[7.2.9.C]] 6.2.9.C, depending on the number of parking
spaces provided.

c. Registration
Any Home Health Practitioner (Low Impact) must register with DPS.

i. Application Requirements
An application for registration must include the following:
(a) a signed affidavit of compliance that affirms that the applicant:
(1) satisfies the applicable standards in Section [Sec.] 3.3.3.G; and
(2) will take whatever action is required by DPS to bring the
Home Health Practitioner (Low Impact) into compliance if
complaints of noncompliance are received and verified;
(b) the manner in which the operation of the Home Health Practitioner (Low Impact) satisfies the use standards in Section [Sec.]
3.3.3.G;
(c) the location of the lot by street address and either lot and block
number or liber and folio;

Where a Home Health Practitioner (Low Impact) is allowed as a limited

use, it must satisfy the following standards:

(d) the zone in which the lot is located;

i. Treatment of more than one patient or client at a time is allowed, but

not more than 5 vehicle trips containing not more than 10 patients
may come or leave at the same appointment time.

(f) the total floor area of the dwelling unit and the amount of floor
area to be used for the Home Health Practitioner (Low Impact),
as well as the floor area of any existing accessory building to be
used for the Home Health Practitioner (Low Impact);

ii. The sale of goods on the premises is prohibited, except for medication prescribed by the health practitioner or a prescribed remedial
device that cannot be obtained from a commercial source.
iii. A maximum of one Home Occupation (Low Impact) and one Home
Health Practitioner (Low Impact) is allowed.
iv. An indoor waiting room must be provided if more than one patient or
client will be on the premises at the same time.

(e) area of the lot or parcel, in square feet or acres;

(g) the location and number of off-street parking spaces;

(h) proof of home address;
(i) other pertinent information required by DPS;
(j) a copy of the use-and-occupancy permit required under Section
[[8.4.2]] 7.4.2; and
(k) the location of any indoor waiting room for patients, if more than
one patient will be on the premises at the same time.

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ii. Approval

Home Health Practitioner (Low Impact) must cease immediately or operate under the requirements for a Home Health
Practitioner (Low Impact).

(a) DPS must issue a Certificate of Registration if the applicant:

(1) satisfies Section [Sec.] 3.3.3.G; and
(2) has an approved on-site inspection.
(b) DPS must maintain a Home Health Practitioner Registry that is
readily available for public inspection.

iii. Compliance and Enforcement

(a) If DPS receives a complaint about a Home Health Practitioner
(Low Impact), an inspector must inspect the property and determine, [no later than] within 90 days after receipt of the complaint, whether there is a violation of the provisions of Section
[Sec.] 3.3.3.G.
(b) If DPS determines that there is a violation, DPS may issue a warning notice, and the violation must be corrected [no later than]
within 30 days after the warning notice is issued.
(1) In the case of any violation that could be remedied with a
conditional use [application] approval, a petition must be
filed [no later than] within 60 days after the warning notice
is issued for a conditional use for a Home Health Practitioner
(Major Impact) under Section 3.3.3.G.4 [Sec. 3.3.3.G.]
(2) A hearing on a petition for a conditional use filed in the case
of a Home Health Practitioner (Low Impact) found to be in
violation of Section [Sec.] 3.3.3.G must be scheduled within 30
days, or as soon as the Hearing Examiner's calendar permits.
The Hearing Examiner does not have authority to grant the
applicant any extension of the hearing in such a case.
(3) Operation of the Home Health Practitioner (Low Impact) may
continue until the Hearing Examiner [Board of Appeals] has
acted on the petition, if the violation is corrected before the
application for conditional use is filed. If the Hearing Examiner
[Board of Appeals] denies the conditional use application, the

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(c) DPS may issue a citation under Division [Div] [[8.8]] 7.8:
(1) immediately, instead of a warning notice under Section [Sec]
3.3.3.G.3.c.iii(b); or
(2) 30 days or more after the warning notice was issued under
Section 3.3.3.G.3.c.iii(b).

4. Home Health Practitioner (Major Impact)

a. Defined
[[A]] Home Health Practitioner (Major Impact) [is] means a Home Health
Practitioner limited to 2 resident health practitioners and 2 or more nonresident support persons in [a] any 24-hour period.

b. Use Standards
Where a Home Health Practitioner (Major Impact) is allowed as a
conditional use, it may be permitted by the Hearing Examiner [Board
of Appeals] under Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and the
following standards:
i. The hours of operation and number of clients, customers, patients or
other visitors allowed during that time are determined by the Hearing Examiner [Board of Appeals].
ii. The maximum number of deliveries is determined by the Hearing
Examiner [Board of Appeals].
iii. On-site sale of goods is determined by the Hearing Examiner [Board
of Appeals].
iv. The Hearing Examiner [Board of Appeals] may grant a conditional
use for a Home Health Practitioner (Major Impact) on the same site
as a Home Health Practitioner (Low Impact), a Home Occupation
(Low Impact), or a Home Occupation (No Impact) if it finds that both
together can be operated in a manner that satisfies Section [Sec.]
3.3.3.G.4 and Section [Sec.][[8.3.1]] 7.3.1,Conditional Use.

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v. The Hearing Examiner [Board of Appeals] must not grant a conditional use for a Home Health Practitioner (Major Impact) where the site is
already approved for any other conditional use under Section [Sec.]
[[8.3.1]] 7.3.1,Conditional Use.

iv. The maximum amount of floor area used for the Home Occupation
must not exceed 33% of the total eligible area of the dwelling unit
and any existing accessory building on the same lot, or 1,500 square
feet, whichever is less.

vi. An indoor waiting room must be provided.

v. An existing accessory building may be used for the Home Occupation, but external evidence of such use is prohibited. Only one accessory building may be used and it must be an eligible area.

vii. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.

H. Home Occupation
1. Defined, In General
[[A]] Home Occupation [is] means any occupation that provides a service or
product and is conducted within a dwelling unit by a resident of the dwelling unit. Home Occupation does not include Home Health Practitioner (see
Section [Sec.] 3.3.3.G, Home Health Practitioner), Bed and Breakfast (see
Section [Sec.] 3.5.6.B, Bed and Breakfast), Day Care Facility (see Section
[Sec.] 3.4.4, Day Care Facility), display of furniture not made in the home for
sale in the home or at an off-site location, Landscape Contractor (see Section
[Sec.] 3.5.5, Landscape Contractor), or Educational Institution (Private) (see
Section [Sec.] 3.4.5, Educational Institution (Private)).

2. Use Standards for all Home Occupations

a. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.
b. To maintain the residential character of the dwelling:
i. The use must be conducted by an individual or individuals residing in
the dwelling unit.
ii. The use must be conducted within the dwelling unit or any accessory
building and not in any open yard area[, except for the loading and
unloading of tools and equipment associated with a lawn maintenance service from not more than 2 single axle trailers or trucks]. The
use must be subordinate to the use of the dwelling for residential
purposes and require no external modifications that detract from the
residential appearance of the dwelling unit.
iii. Exterior storage of goods or equipment is prohibited.

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vi. Equipment or facilities are limited to:

(a) domestic[[,]]or household [,or lawn maintenance service] equipment;
(b) office equipment; or
(c) any equipment reasonably necessary for art production, handcrafts, or making beer or wine.
vii. Any equipment or process that creates a nuisance or violates any law
is prohibited in [connection with] the operation of a Home Occupation.
viii. A Home Occupation is prohibited to use, store, or dispose of:
(a) a quantity of a petroleum product sufficient to require a special
license or permit from The Fire [Chief] Marshal; or
(b) any material defined as hazardous or required to have a special
handling license under State and County law.
ix. Truck deliveries are prohibited, except for parcels delivered by public
or private parcel services that customarily make residential deliveries.
x. Display or storage of merchandise to be delivered must not be visible
outside of the residence and must be contained within the maximum
floor area available for the Home Occupation.
xi. The storage of equipment or merchandise for collection by employees who will use or deliver it at off-site locations is prohibited.
xii. A second kitchen in the home for catering or making food for off-site
delivery or sales is prohibited.

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xiii. The maintenance or repair of motor vehicles for compensation is

prohibited.

3. Home Occupation (No Impact)

a. Defined
[[A]] Home Occupation (No Impact) [is] means a Home Occupation that
is not required to register with DPS, prohibits non-resident employees,
and is not regulated under Section [Sec.][[8.3.1]] 7.3.1, Conditional Use.

b. Use standards

(a) handcrafts, art products or similar hand-made products or services such as dressmaking, hand-weaving, block-printing, jewelry,
pottery, and musical instruments, which are produced on-site by
a resident of the dwelling; and
(b) no more than 5 sales per month of items ordered for delivery at a
later date to customers at other locations (delivery of goods must
occur off-site).
iii. Display or storage of goods is limited to:

Where a Home Occupation (No Impact) is allowed as a limited use, it

must satisfy the following standards:

(a) products [enumerated] listed in Section [Sec.] 3.3.3.H.4.b.ii.(a);

and

i. The maximum number of visits and deliveries for all Home Occupations (No Impact) on-site is 5 per week. In R-90 and R-60 zones, a
maximum of 2 vehicles visiting the Home Occupation (No Impact)
may be parked on the lot at the same time.

(b) samples of merchandise that may be ordered by customers for

delivery at other locations.

ii. In-person sale of goods is prohibited.

iii. Display or storage of goods is limited to samples of merchandise that
may be ordered by customers for delivery at other locations.

4. Home Occupation (Low Impact)

a. Defined
[[A]] Home Occupation (Low Impact) [is] means a Home Occupation that
is limited to one non-resident employee [per] in any 24-hour period and
is required to register with DPS.

b. Use Standards
Where a Home Occupation (Low Impact) is allowed as a limited use, it
must satisfy the following standards:
i. The maximum number of visits is 20 per week, and no more than 5
per day (excluding deliveries and the arrival and departure of any
non-resident employee) for all Home Occupations on-site. In R-90
and R-60 zones , a maximum of 2 vehicles visiting the Home Occupation (Low Impact) may be parked on the lot at the same time.

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ii. In-person sale of goods is limited to:

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iv. The maximum number of Home Occupations (Low Impact) allowed

in a single dwelling unit is 2.
v. The applicant [M]must provide valid proof of home address as established by Executive regulations under Method 2 of Chapter 2 (Section
[Sec.] 2A-15).
vi. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.

c. Registration
Any Home Occupation (Low Impact) must register with DPS.

i. Application Requirements
An application for registration must include the following:
(a) a signed affidavit of compliance that affirms that the applicant:
(1) satisfies the applicable standards in Section [Sec.] 3.3.3.H; and
(2) will take whatever action is required by DPS to bring the
Home Occupation (Low Impact) into compliance if complaints
of noncompliance are received and verified;

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(b) the manner in which the operation of the Home Occupation (Low
Impact) satisfies the use standards in Section [Sec.] 3.3.3.H;
(c) the location of the lot by street address and either lot and block
number or liber and folio;
(d) the zone in which the lot is located;
(e) area of the lot or parcel, in square feet or acres;
(f) the total floor area of the dwelling unit and the amount of floor
area to be used for the Home Occupation (Low Impact), as well as
the floor area of any existing accessory building to be used for the
Home Occupation (Low Impact);
(g) the location and number of off-street parking spaces;
(h) proof of home address; and
(i) other pertinent information required by DPS.

ii. Approval
(a) DPS must issue a Certificate of Registration if the applicant:
(1) satisfies Section [Sec.] 3.3.3.H; and
(2) has an approved on-site inspection.
(b) DPS must maintain a Home Occupation Registry that is readily
available for public inspection.

iii. Compliance and Enforcement

notice is issued for a conditional use for a Home Occupation

(Major Impact) under Section [Sec.] 3.3.3.H.
(2) A hearing on a petition for a conditional use filed in the case
of a Home Occupation (Low Impact) found to be in violation
of Section [Sec.] 3.3.3.H must be scheduled within 30 days,
or as soon as the Hearing Examiner's calendar permits. The
Hearing Examiner does not have authority to grant the applicant any extension of the hearing in such a case.
(3) Operation of the Home Occupation (Low Impact) may
continue until the Hearing Examiner [Board of Appeals] has
acted on the petition, if the violation is corrected before the
application for conditional use is filed. If the Hearing Examiner
[Board of Appeals] denies the conditional use application, the
Home Occupation (Low Impact) must cease immediately or
operate under the requirements for a Home Occupation (Low
Impact).
(c) DPS may issue a citation under [[Div 8.8]] Division 7.8:
(1) immediately, instead of a warning notice under Section [Sec.]
[[3.3.3.H.3.c.iii(b)]] 3.3.3.H.4.c.iii.(b); or
(2) 30 days or more after the warning notice was issued under
Section [Sec.] [[3.3.3.H.3.c.iii(b)]] 3.3.3.H.4.c.iii.(b).

5. Home Occupation (Major Impact)

(a) If DPS receives a complaint about a Home Occupation (Low Impact), an inspector must inspect the property and determine, [no
later than] within 90 days after receipt of the complaint, whether
there is a violation of the provisions of Section [Sec.] 3.3.3.H.

a. Defined

(b) If DPS determines that there is a violation, DPS may issue a warning notice, and the violation must be corrected [no later than]
within 30 days after the warning notice is issued.

b. Use Standards

(1) In the case of any violation that could be remedied with a

conditional use [application] approval, a petition must be
filed [no later than] within 60 business days after the warning

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[[A]] Home Occupation (Major Impact) [is] means a Home Occupation

that is limited to 2 non-resident employees [per] in any 24-hour period
and is regulated under Section [Sec.] [[8.3.1]] 7.3.1, Conditional Use.

Where a Home Occupation (Major Impact) is allowed as a conditional

use, it may be permitted by the Hearing Examiner [Board of Appeals]
under Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following
standards:

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i. The maximum number of visits and deliveries is determined by the

Hearing Examiner [Board of Appeals].
ii. An indoor waiting room must be provided.
iii. In-person sale of goods is limited to:
(a) the products of dressmaking, hand-weaving, block-printing, the
making of jewelry, pottery or musical instruments by hand, or
similar arts or hand-crafts performed by a resident of the dwelling; and
(b) a maximum of 5 sales per month of items ordered for delivery at a
later date to customers at other locations (delivery of goods must
occur off-site).

ix. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.
x. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.
[[I. Live/Work Unit

Defined
A Live/Work Unit [is] means a building, or a space within a building, that combines space for a commercial or manufacturing activity that is allowed in the
zone with a dwelling unit for the owner of the commercial or manufacturing
business, or the owners employee, and that persons household.]]

iv. Display or storage of goods is limited to:

(a) the products [[enumerated]] listed in Section [Sec.] 3.3.3.H.5.b.iii.
(a); and
(b) samples of merchandise that may be ordered by customers for
delivery at other locations.
v. Display or storage of merchandise to be delivered must not be visible
outside of the residence and must be contained within the maximum
floor area available for the Home Occupation.
vi. The Hearing Examiner [Board of Appeals] may grant a conditional
use for a Home Occupation (Major Impact) on the same site as a
Home Occupation (Low Impact), a Home Occupation (No Impact), or
a Home Health Practitioner (Low Impact) if it finds that both together
can be operated in a manner that satisfies Section [Sec.] 3.3.3.H.5
and Section [Sec.][[8.3.1]] 7.3.1,, Conditional Use.
vii. The Hearing Examiner [Board of Appeals] must not grant a conditional use for a Home Occupation (Major Impact) where the site is already
approved for any other conditional use under Section [Sec.] [[8.3.1]]
7.3.1,Conditional Use.
viii. The applicant [M]must provide valid proof of home address as established by Executive regulations under Method 2 of Chapter 2 (Section
[Sec.] 2A-15).

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Division 3.4. Civic and Institutional Uses

Section 3.4.1. Ambulance, Rescue Squad (Private)
A. Defined
[[An]] Ambulance, Rescue Squad (Private) [is] means a volunteer, privately
supported, or non-profit facility providing emergency fire protection, rescue, or
ambulance services. Ambulance, Rescue Squad (Private) does not include nonemergency ambulance transportation services.

B. Use Standards
1. Where an Ambulance, Rescue Squad (Private) is allowed as a limited use, [if
it is abutting or confronting] and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is
vacant or improved with an agricultural or residential use, site plan approval
is required under Section [Sec.][[8.3.4]] 7.3.4.
2. Where an Ambulance, Rescue Squad (Private) is allowed as a conditional use,
it may be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]] 7.3.1,Conditional Use, and the following standards:
a. The minimum lot area is 20,000 square feet

specifically defined or regulated in this Chapter such as a: Religious Assembly

(See Section [Sec.] 3.4.10, Religious Assembly), public or private educational
institution (See Section [Sec.] 3.4.5, Educational Institution (Private) and
Section [Sec.] 3.4.9, Public Use (Except Utilities)), library or museum (See
Section [Sec.] 3.4.3, Cultural Institution), Private Club, Service Organization
(See Section [Sec.] 3.4.8, Private Club, Service Organization), Hospital (See
Section [Sec.] 3.4.6, Hospital), Residential Care Facility (See Section [Sec.]
3.3.2.E, Residential Care Facility), or Independent Living Facility for Senior
Adults or Persons with Disabilities (See Section [Sec.] 3.3.2.C, Independent
Living Facility for Seniors or Persons with Disabilities).

B. Use Standards
Where a Charitable, Philanthropic Institution is allowed as a conditional use, it
may be permitted by the Hearing Examiner [Board of Appeals] under Section
[Sec.] [[8.3.1]] 7.3.1,Conditional Use, and the following standards:
1. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is required for outdoor recreation facilities. [Buildings are exempt from this requirement.]

b. The minimum lot width at the front lot line is 100 feet.

2. Any lighting associated with outdoor recreation facilities [meets the requirements of] must satisfy Section [[7.4.4]] 6.4.4 [Sec. 7.5.4].

c. The minimum front setback is 30 feet.

3. In the AR, R, RC, and RNC:

d. The minimum side setback and rear setback is 25 feet.

Section 3.4.2. Charitable, Philanthropic Institution

A. Defined
1. [[A]] Charitable, Philanthropic Institution [is] means a private, tax-exempt
organization whose primary function is to provide services, research, or
educational activities in areas such as health, social service, recreation, or
environmental conservation.
2. Charitable, Philanthropic Institution does not include a trade or business
whose primary purpose or function is promoting the economic advancement of its members, such as a professional or trade association or a labor
union. Charitable, Philanthropic Institution also does not include other uses
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a. A Charitable, Philanthropic Institution must re-use an existing building.

The Hearing Examiner [Board of Appeals] may waive this restriction to
approve a residential camp for seriously ill children and their immediate family members, operated or sponsored by a non-profit organization under the following conditions. Immediate family members may
attend sessions jointly with or separate from the sessions attended by
the children. Separate sessions for immediate family members are only
permitted as a secondary camp activity. The camp may include facilities
for overnight accommodations and for support services related to camp
activities. The camp must be compatible with adjacent land uses.
b. The site fronts on and has direct access to a public road built to arterial
or higher road standards. Frontage on and access to an arterial or higher

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standard is not required where the Hearing Examiner [Board of Appeals]

finds that road access [via] by a primary or secondary road will be safe
and adequate for the anticipated traffic to be generated.
c. The minimum side setback is twice that required for a detached house.
d. The minimum lot width at the front lot line is twice that required for a
detached house.
e. The minimum green area is 50%.
f. The maximum coverage is half of the maximum allowed for a detached
house.
g. The maximum FAR is 0.2.
4. [h.] In the R and RC zones, the maximum lot area is 5 acres.
5. [4.] In the AR and RNC zones, the minimum lot area is twice that required for
a detached house and the maximum lot area is 2 acres.
6. [5.] In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.
7. [6.] In the RE-2, RE-2C, RE-1, R-200, R-90, and R-60 zones:
a. The site fronts on and has direct access to a road built to primary residential road or higher standards. Access to a corner lot may be from an
abutting primary street, constructed to primary standards, if the Hearing
Examiner [Board of Appeals] finds this access to be appropriate and not
detrimental to existing residential uses on that primary street.

10. [9.] In the RE-2, RE-2C, RE-1 zones, the minimum green area is 70%.

C. Waivers
1. If a property is designated as an historic resource by the Master Plan for
Historic Preservation, the Hearing Examiner [Board of Appeals] may waive
the standards in Section [Sec.] 3.4.2.B.3.b through Section 3.4.2.B.3.g [Sec.
3.4.2.B.3.h] and Section [Sec.] 3.4.2.B.4 through Section 3.4.2.B.10 [Sec.
3.4.2.B.9].
2. If the Charitable, Philanthropic Institution conditional use approval is for a
new building located on the property of an existing Religious Assembly, the
Hearing Examiner [Board of Appeals] may waive the standards in Section
[Sec.] 3.4.2.B.3.b and Section 3.4.2.B.7.a [Sec. 3.4.2.B.6.a].
3. To grant a waiver under Section [Sec.] 3.4.2.C.1 and Section [Sec.] 3.4.2.C.2,
the Hearing Examiner [Board of Appeals] must find that:
a. Road access will be safe and adequate for the anticipated traffic to be
generated;
b. Road access will not have a significantly adverse impact on the surrounding neighborhood; and
c. The grant of the waiver will not cause other significant adverse impacts
on the surrounding neighborhood.

b. The minimum side setback is twice that required for a detached house.

Section 3.4.3. Cultural Institution

c. The minimum lot width at the front lot line is twice that required for a
detached house.

A. Defined

d. The maximum FAR is 0.25.

e. For residential and office uses, if located in a lawfully existing building,
the standards in Section [Sec.] 3.4.2.B. [6] 7.b and Section [Sec.] 3.4.2.B.
[6] 7.d do not apply.
8. [7.] In the R-90 and R-60 zones, the minimum green area is 50% and the
maximum building height is 35 feet.

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9. [8.] In the R-200 zone, the minimum green area is 60% and the maximum
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[[A]] Cultural Institution [is] means any [private] privately owned or operated
structure and land where works of art or other objects are kept and displayed,
or where books, periodicals, and other reading material is offered for reading,
viewing, listening, study, or reference, but not typically offered for sale. Cultural
Institution includes a museum, cultural or art exhibit, and library.

B. Use Standards
Where a Cultural Institution is allowed as a limited use, it must satisfy the following standards:

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1. In the RC and RNC zone, when main and accessory structures exceed a total
floor area of 5,000 square feet, site plan approval is required under Section
[Sec.][[8.3.4]] 7.3.4, unless designated as resources in the Master Plan for
Historic Preservation.
2. In the CRN zone, the gross floor area is a maximum of 5,000 square feet.

Section 3.4.4. Day Care Facility

A. Defined, In General
[[A]] Day Care Facility [is] means an establishment where care is provided for
less than 24 hours a day, for which the provider is paid, for any of the following:
children under the age of 17 years; developmentally disabled persons; handicapped individual; or any elderly individual. Day Care Facility includes accessory
preschool and kindergarten educational programs that are accredited by the
State. [Day Care Facility does not include a non-public kindergarten in which
an instructional program is offered or provided for children who are at least 5
years old; or a non-public elementary school in which an instructional program
is offered or provided for children who are in grades one through eight (see Sec.
3.4.5. Educational Institution (Private)).]

B. Exemptions
The conditional use standards in Section [Sec.] 3.4.4.E.2.b and Section [Sec.]
3.4.4.F.2.b.i through Section [Sec.] 3.4.4.F.2.b.v. do not apply to a Day Care Center operated by a nonprofit organization and located in:
1. a structure owned or leased by a religious organization and used for worship,
or a structure located on premises owned or leased by a religious organization that is adjacent to premises regularly used as a place of worship;
2. a structure used for private, parochial education purposes that is exempted
from the conditional uses standards under Section [Sec.] 3.4.5, Educational
Institution (Private); or
3. a publicly-owned building.

C. Family Day Care (Up to 8 Persons)

the provider and a resident, or the registrant is not a resident but more than half
the children cared for are residents. The providers own children under the age
of 6 are counted within the group of 8. For care of senior adults or persons with
disabilities the registrant is the provider. Family Day Care (Up to 8 Persons) does
not include more than 2 non-resident staff members on-site at any time or a provider that is not a resident and does not meet the requirement for a non-resident
provider (see Section [Sec.] 3.4.4.E, Day Care Center (13-30 Persons)).

D. Group Day Care (9 -12 Persons)

1. Defined
[[A]] Group Day Care (9-12 Persons) [is] means a Day Care Facility for 9 to
12 [persons] people where staffing, operations, and structures comply with
State and local regulations and the providers own children under the age of
6 are counted towards the maximum number of people allowed [persons].

2. Use Standards
a. Where a Group Day Care (9-12 Persons) is allowed as a limited use, it
must satisfy the following standards:
i. The facility must not be located in a townhouse or duplex building
type.
ii. In a detached house, the registrant is the provider and a resident. If
the provider is not a resident, the provider may file a conditional use
application for a Day Care Center (13-30 Persons) (see Section [Sec.]
3.4.4.E).
iii. In a detached house, no more than 3 non-resident staff members are
on-site at any time.
iv. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.
b. Where a Group Day Care (9-12 Persons) is allowed as a conditional use,
it may be permitted by the Hearing Examiner under all limited use standards and Section [Sec.][[8.3.1]] 7.3.1, Conditional Use.

Defined
[[A]] Family Day Care (Up to 8 Persons) [is] means a Day Care Facility for a maximum of 8 [persons] people in a dwelling where for child day care the registrant is
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E. Day Care Center (13 - 30 Persons)

1. Defined
[[A]] Day Care Center (13-30 Persons) [is] means a Day Care Facility for 13
to 30 [persons] people where staffing, operations, and structures [[comply
with]] satisfy State and local regulations. A Day Care Center (13-30 Persons)
includes a Family Day Care (Up to 8 Persons) and Group Day Care (9-12 Persons) where the provider is not a resident and cannot meet the non-resident
provider requirement.

2. Use Standards
Where a Day Care Center (13-30 Persons) is allowed as a conditional use, it
may be permitted by the Hearing Examiner under Section [Sec.][[8.3.1]]
7.3.1,, Conditional Use, and the following standards:
a. The facility must not be located in a townhouse or duplex building type.
b. An adequate area for the discharge and pick up of children is provided.
c. The number of parking spaces under Division [Div] [[7.2]] 6.2 may be
reduced if the applicant demonstrates that the full number of spaces is
not necessary because:
i. existing parking spaces are available on abutting property or on
the street abutting the site that will satisfy the number of spaces
required; or
ii. a reduced number of spaces would be sufficient to accommodate the
proposed use without adversely affecting the surrounding area or
creating safety problems.
d. For a Family Day Care where the provider is not a resident and cannot
meet the non-resident provider requirement, screening under [[Section
[Sec.] 7.4.5]] Division 6.5 is not required.
e. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.

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F. Day Care Center (Over 30 Persons)

1. Defined
[[A]] Day Care Center (Over 30 Persons) [is] means a Day Care Facility for
over 30 [persons] people where staffing, operations, and structures comply
with State and local regulations and is not located in a townhouse or duplex
building type.

2. Use Standards
a. Where a Day Care Center (Over 30 Persons) is allowed as a limited use,
[if it is abutting or confronting] and the subject lot abuts or confronts
property zoned Agricultural, Rural Residential, or Residential Detached
that is vacant or improved with an agricultural or residential use, site plan
approval is required under Section [Sec.][[8.3.4]] 7.3.4.
b. Where a Day Care Center (Over 30 Persons) is allowed as a conditional
use, it may be permitted by the Hearing Examiner [Board of Appeals]
under Section [Sec.][[8.3.1]] 7.3.1,Conditional Use, and the following
standards:
i. All required parking must be behind the front building line; however,
required parking may be located between the structure and the
street where the Hearing Examiner [Board of Appeals] finds that such
parking is safe, not detrimental to the neighborhood, accessible, and
compatible with surrounding properties.
ii. An adequate area for the discharge and pick up of children is provided.
iii. The Hearing Examiner [Board of Appeals] may limit the number of
children outside at any one time.
iv. In the RE-2, RE-2C, RE-1, R-200, R-90, R-60, and R-40 zones, the Day
Care Center (Over 30 Persons) must be located on a site containing
a minimum of 500 square feet of land area per person. The Hearing
Examiner [Board of Appeals] may reduce the area requirement to less
than 500 square feet, but not less than 250 square feet, per person
where it finds that:

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(a) the facility will predominately serve persons of an age range that
requires limited outdoor activity space;
(b) the additional density will not adversely affect adjacent properties; and
(c) additional traffic generated by the additional density will not
adversely affect the surrounding streets.
v. The Hearing Examiner [Board of Appeals] may limit the number of
[persons permitted] people allowed for overnight care.
vi. In the AR zone, this use may be prohibited Section [Sec.] 3.1.5, Transferable Development Rights.

Section 3.4.5. Educational Institution (Private)

A. Defined
[[An]] Educational Institution (Private) [is] means a private school or educational
or training academy providing instruction or programs of learning. Educational
Institution (Private) includes tutoring and college entrance exam preparatory
courses, art education programs, artistic performances, indoor and outdoor
recreation programs and summer day camps, any of which may serve individuals
who are not enrolled as students in the institutions academic program. Educational Institution (Private) does not include schools operated by the County
Board of Education or education conducted in the provider's home as a Home
Occupation (See Section [Sec.] 3.3.3.H, Home Occupation).

B. Exemptions
1. The conditional use standards in Section 3.4.5.C.2 do not apply for any private educational institution or parochial school that is located in a building
or on premises owned or leased by any church or religious organization, the
government of the United States, the State of Maryland or any State agency,
Montgomery County or any incorporated village or town within Montgomery
County. This exemption does not apply to any Educational Institution (Private) that received conditional use approval by the Hearing Examiner [Board
of Appeals] to operate in a building or on a property that was not owned or
leased by any church or religious organization at the time the decision of the
Hearing Examiner [Board of Appeals] was issued.

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2. A conditional use is not required for any Educational Institution (Private) that
is located in a building or on [[premises]] land that [[have]] has been used for
a public school or that [[are]] is owned or leased by the County; however, site
plan approval is required under Section [Sec.][[8.3.4]] 7.3.4, for:
a. construction of an Educational Institution (Private) on vacant land owned
or leased by the County; or
b. any cumulative increase that is greater than 15% or 7,500 square feet,
whichever is less, in the gross floor area, as it existed on February 1,
2000, of an Educational Institution (Private) located in a building that has
been used for a public school or that is owned or leased by Montgomery
County. Site plan approval is not required for: (i) an increase in floor
area of an Educational Institution (Private) located in a building that has
been used for a public school or that is owned or leased by Montgomery
County if a request for review under mandatory referral was submitted
to the Planning Board on or before February 1, 2000, or (ii) any portable
classroom used by a private educational institution that is located on
property owned or leased by Montgomery County and that is in place for
less than one year.

C. Use Standards
1. Where an Educational Institution (Private) is allowed as a limited use, it must
satisfy the following standards: [if it is abutting or confronting property
zoned Agricultural, Rural Residential, or Residential Detached that is vacant
or improved with an agricultural or residential use, site plan approval is
required under Sec 8.3.4.]
a. In the CRN zone, if the subject lot abuts or confronts property zoned
Agricultural, Rural Residential, or Residential Detached that is vacant
or improved with an agricultural or residential use, site plan approval is
required under Section [[8.3.4]] 7.3.4.
b. In the IL and IM zones, Educational Institution (Private) is limited to
trade, artistic, or technical instruction.
2. Where an Educational Institution (Private) is allowed as a conditional use, it
may be permitted by the Hearing Examiner [Board of Appeals] under Section
[Sec.][[8.3.1]] 7.3.1,Conditional Use, and the following standards:
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a. The Educational Institution (Private) will not constitute a nuisance

because of traffic, number of students, noise, type of physical activity, or
any other element that is incompatible with the environment and character of the surrounding neighborhood.

i. the program of instruction, special characteristics of students, or

other circumstances justify reduced space and facility requirements;

b. The Educational Institution (Private) will be in a building compatible

with the residential character of the surrounding neighborhood, and, if
the Educational Institution (Private) is located on a lot of 2 acres or less,
in either an undeveloped area or an area substantially developed with detached houses, the exterior architecture of the building must be similar
to a detached house design, and at least comparable to any existing
homes in the immediate neighborhood.

iii. additional traffic generated by the additional density will not adversely affect the surrounding streets.

c. The Educational Institution (Private) will not, in and of itself or in combination with other existing uses, affect adversely or change the present
character or future development of the surrounding residential community.
d. The [allowable] number of pupils per acre [permitted] allowed to occupy
the premises at any one time must be specified by the Hearing Examiner
[Board of Appeals] considering the following factors:
i. traffic patterns, including:
(a) impact of increased traffic on residential streets;
(b) proximity to transit services, arterial roads, and major highways;
and
(c) provision of measures for Transportation Demand Management
[as defined] in Chapter 42 (Section [Sec.] 42A-21).
ii. adequacy of drop-off and pick-up areas for all programs and events,
including on-site stacking space and traffic control to effectively deter vehicle queues [from spilling over onto] on adjacent streets;
iii. adequacy of student and visitor parking; and
iv. noise or type of physical activity.
e. Density greater than 87 pupils per acre may be permitted only where the
Hearing Examiner [Board of Appeals] finds that:

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ii. the additional density will not adversely affect adjacent properties;
and

f. Outdoor recreation facilities are screened from abutting residential properties under Division [[7.5]] 6.5 [Sec. 7.4.5].
g. Any lighting associated with outdoor recreation facilities [meets the
requirements of] must satisfy Section [[7.4.4]] 6.4.4 [Sec. 7.5.4].
h. If an Educational Institution (Private) operates or allows its facilities
by lease or other arrangement to be used for: (i) tutoring and college
entrance exam preparatory courses; (ii) art education programs; (iii)
artistic performances; (iv) indoor and outdoor recreation programs; or (v)
summer day camps, the Hearing Examiner [Board of Appeals] must find,
in addition to the other required findings for the grant of a conditional
use, that the activities in combination with other activities of the institution, will not have an adverse effect on the surrounding neighborhood
due to traffic, noise, lighting, or parking, or the intensity, frequency, or
duration of activities. In evaluating traffic impacts on the community, the
Hearing Examiner [Board of Appeals] must take into consideration the
total cumulative number of expected car trips generated by the regular
academic program and the after school or summer programs, whether
or not the traffic exceeds the capacity of the road. A transportation
management plan that identifies measures for reducing demand for road
capacity must be approved by the Hearing Examiner [Board of Appeals].
i. The Hearing Examiner [Board of Appeals] may limit the number of participants and frequency of events [authorized in Sec. 3.4.5].

Section 3.4.6. Hospital

A. Defined
[[A]] Hospital [is] means an institution providing health services primarily for the
sick or injured and offering inpatient medical or surgical care. Hospital includes

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accessory facilities, such as laboratories, medical/dental clinics, helistops, training facilities, classrooms, central service facilities, and staff offices integral to
the Hospital. Hospital does not include a stand-alone hospice (see Section [Sec.]
3.3.2.E, Residential Care Facility).

B. Use Standards
1. Where a Hospital is allowed as a limited use, it must abut property zoned
Commercial/Residential, Employment, or Industrial.
2. Where a Hospital is allowed as a conditional use, it may be permitted by
the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]] 7.3.1,
Conditional Use, and the following standards:
a. The Hearing Examiner [Board of Appeals] finds that the Hospital will not
create a nuisance because of traffic, noise, or the number of patients or
persons cared for; that it will not affect adversely the present character
or future development of the surrounding residential community.
b. The minimum lot area is 5 acres.
c. The minimum lot width at the front lot line is 200 feet. This requirement
does not apply in the GR and EOF zones.
d. Where the [abutting or nearest adjacent] subject lot abuts land that is
zoned Residential Detached or is used solely for detached houses, no
portion of a building must be nearer to the lot line than a distance equal
to the height of that portion of the building, and [in all other cases] a
minimum of 50 feet from a lot line when the subject lot abuts all other
zones and nonresidential uses.
e. Off-street parking must be located to achieve a maximum of coordination between the proposed development and the surrounding uses and
a maximum of safety, convenience, and amenity for the residents of
neighboring areas.
f. Parking must be limited to a minimum between the front lot line and the
front building line.
g. [Notwithstanding the maximum building height requirements in Sec.
4.4.4 through Sec. 4.4.15, Sec. 4.6.4, Sec. 4.6.5, or Sec. 4.7.4 the] The

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maximum height of a Hospital building is 145 feet in spite of any other

limitation in this Chapter.
h. In the [[Residential and]] Industrial zones, the maximum FAR of a Hospital building is established by the conditional use approval in spite of any
other limitation in this Chapter.

Section 3.4.7. Playground, Outdoor Area (Private)

[A.]Defined
[[A]] Playground, Outdoor Area (Private) [is] means an area used for outdoor
recreation, often containing recreational equipment such as slides or swings.
Playground, Outdoor Area (Private) includes both passive and active facilities,
trails, and greenways.

Section 3.4.8. Private Club, Service Organization

A. Defined
[[A]] Private Club, Service Organization [is] means an association for civic, social,
cultural, religious, literary, political, recreational or like activities, operated for
the benefit of its members and not open to the public.

B. Use Standards
1. Where a Private Club, Service Organization is allowed as a limited use, [if it
is abutting or confronting a] and the subject lot abuts or confronts property
zoned Agricultural, Rural Residential, or Residential Detached that is vacant
or improved with an agricultural or residential use, site plan approval is
required under Section [Sec.][[8.3.4]] 7.3.4.
2. Where a Private Club, Service Organization is allowed as a conditional use, it
may be permitted by the Hearing Examiner [Board of Appeals] under Section
[Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:
a. The minimum lot area required is twice the minimum required for a detached house building type in the zone, up to a maximum of 3 acres.
b. The minimum lot width at the front lot line is twice that required for a
detached house.
c. The maximum coverage allowed is 15%, including accessory buildings, or
20,000 square feet, whichever is less.
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d. The minimum open space requirement is 50%.

e. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.

Section 3.4.9. Public Use (Except Utilities)

Defined
[[A]] Public Use (Except Utilities) [is] means a publicly-owned or publicly operated
use. Public Use (Except Utilities) includes County office buildings, maintenance
facilities, public schools and parks, post office, State and Federal buildings. Public
Use (Except Utilities) does not include a Public Utility Structure (see Section [Sec.]
3.6.7.E, Public Utility Structure).

Section 3.4.10. Religious Assembly

A. Defined
Religious Assembly [is] means a meeting area for religious practices, including a church, synagogue, mosque, convent, or monastery. Religious Assembly
includes a memorial garden on the premises.

B. Use Standards
Where Religious Assembly is allowed as a limited use [in the AR zone], it must
satisfy the following standards:
1. [this] This use may be prohibited under Section [Sec.] 3.1.5, Transferable
Development Rights.

cessory use. Swimming Pool (Community) does not include swimming pools
owned by a homeowners association, operated as part of an apartment complex, or pools that are accessory to a dwelling.

B. Use Standards
Where a Swimming Pool (Community) is allowed as a conditional use, it may
be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1,, Conditional Use (excluding Section [Sec.][[8.3.1.E]] 7.3.1.E.1 and
7.3.1.E.3), and the following standards:
1. The swimming pool, including the pool deck and any buildings, is set back a
minimum of 75 feet from any lot line shared with a property zoned Agricultural, Rural Residential, or Residential or at least 125 feet from any existing
residential dwelling, whichever is greater.
2. The swimming pool, including the pool deck and any buildings, is set back
a minimum of 25 feet from any public right-of-way or lot line shared with a
property zoned Commercial/Residential, Employment, or Industrial.
3. Buildings must [[comply with]] satisfy the requirements of the zone in which
the pool is located.
4. Where a public water supply is available, it must be used for the pool. Use of
a private supply of water for the pool is allowed only where no public water
supply is available and the pool will not have an adverse effect on the private
water supply for the community.

2. This use is exempt from the minimum site area requirement in Section
[[4.2.5.A]] 4.2.1.F.1 and the maximum density requirement of 1 lot per 25
acres in Section [[4.2.5.B]] 4.2.1.F.2 if the lawful use existed in a building on
the parcel on September 17 ,2013 and the parcel has not changed in size or
shape since September 17, 2013. If the parcel size or shape is modified by
deed or plat, then the use no longer qualifies for this exemption.

Section 3.4.11. Swimming Pool (Community)

A. Defined
[[A]] Swimming Pool (Community) [is] means a private swimming pool shared
by its members, including recreational facilities such as tennis courts as an ac-

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Division 3.5. Commercial Uses

Section 3.5.1. Animal Services
A. Defined, In General
Animal Services [is] means the [provision of] structures or land used for the care
[for] of animals. Animal Services does not include any use considered accessory
to an agricultural use.

B. Animal Boarding and Care

1. Defined
Animal Boarding and Care [is] means the structures or land used for the
boarding, breeding, or care of dogs, cats, pets, fowl, or other domestic
animals at a location other than a Veterinary Office/Hospital, not including
animals raised for agricultural purposes.

2. Use Standards
a. Where Animal Boarding and Care is allowed as a limited use, it must
satisfy the following standards:
i. [All interior areas for the keeping of animals] Any part of a building
used for animal boarding or care must be soundproofed.
ii. If it is abutting or confronting a property zoned Agricultural, Rural
Residential, or Residential Detached that is vacant or improved with
an agricultural or residential use, site plan approval is required under
Section [Sec.] [[8.3.4]] 7.3.4.
iii. An outdoor exercise yard is allowed if:
(a) it is fenced and set back a minimum of 50 feet from any Residential zone; and
(b) any animal is prohibited from being outdoors between 9:00 p.m.
and 7:00 a.m.
b. Where Animal Boarding and Care is allowed as a conditional use, it may
be permitted by the Hearing Examiner [Board of Appeals] under Section
[Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:

(a) The minimum lot area is 2 acres or the minimum lot area required
for a detached house building type in the zone, whichever is
greater.
(b) Exterior areas used to exercise, walk, or keep animals must be set
back a minimum of 200 feet from any lot line and screened under
Division [[7.5]] 6.5 [Sec. 7.4.5]. [Buildings are exempt from this
requirement.]
(c) All exterior exercise areas and runs must be fenced.
(d) Animals are prohibited from being outdoors between 9:00 p.m.
and 7:00 a.m.
(e) Animals must [not] only be walked or exercised in on-site outdoor
areas [that are off-site].
(f) The sound level at the nearest property line [cannot exceed 60
dBA] must satisfy Chapter 31B.
(g) All buildings and accessory structures must be set back a minimum of [50] 75 feet from any lot line.
[(h) For all buildings in which animals will be contained, sound levels
emanating from the interior of the building must satisfy Chapter
31B as measured at the property line.]
(h) (i) All litter and animal waste must be contained and controlled
on the site.
(i) (j) Any accessory operation, such as the sale of pet food and supplies, must be in the statement of operations and must be limited
as an accessory activity to a maximum of 20% of sales.
(j) (k) The Hearing Examiner [Board of Appeals] may regulate hours
of operation. The Hearing Examiner [Board of Appeals] may also
regulate the number of animals that may be boarded, exercised,
walked, or kept in runs or similar areas, and how the animals are
boarded, exercised, walked or kept.

i. In the AR, R, RC, RNC, RE-2, RE-2C, RE-1, and R-200 zones:
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(k) (l) If the proposed use is located in an area that uses well water
and septic facilities, the applicant must prove that the use will not
have any negative effect on groundwater or septic systems.
(l) (m) The applicant must submit the following:
(1) Acoustical engineering studies that demonstrate that the proposed use will meet required noise levels. The studies must
show the worst case scenario sound level (for example, full
occupancy). The statement of operations must be sufficiently
detailed to allow determination of how often the worst case
scenario sound level occurs.

a. Where a Veterinary Office/Hospital is allowed as a limited use, it must

satisfy the following standards:
i. In the Commercial/Residential and Employment zones, an outdoor
exercise yard is allowed if:
(a) it is fenced and set back a minimum of 50 feet from any Residential zone; and
(b) any animal is prohibited from being outdoors between 9:00 p.m.
and 7:00 a.m.

(2) Detailed floor plans that show all the interior areas, including
runs and kennels.

ii. [All interior areas for the keeping of animals] Any part of a building
used for animal boarding must be soundproofed.

(3) Site plans that show the layout of all exterior areas used to
exercise, walk, or keep animals.

iii. In the Commercial/Residential and Employment zones, where the

[use] subject lot abuts or confronts a property zoned Agricultural,
Rural Residential, or Residential Detached that is vacant or improved
with an agricultural or residential use, site plan approval is required
under Section [Sec.][[8.3.4]] 7.3.4.

(m) (n) In the AR zone, this use may be prohibited under Section
[Sec.] 3.1.5, Transferable Development Rights.
ii. In the Commercial/Residential and Employment zones [all interior areas for the keeping of animals] any part of a building used for animal
boarding or care must be soundproofed.
iii. In the CRT, CR, and NR zones an outdoor exercise yard is allowed if:
(a) it is fenced and set back a minimum of 50 feet from any Residential zone; and
(b) any animal is prohibited from being outdoors between 9:00 p.m.
and 7:00 a.m.

C. Veterinary Office/Hospital
1. Defined
[[A]] Veterinary Office/Hospital [is] means any structure and land where
medical, surgical, and other veterinary care is provided to domestic animals,
which may stay overnight only for medical purposes. Veterinary Office/Hospital does not include Animal Boarding and Care (see Section [Sec.] 3.5.1.B,
Animal Boarding and Care)

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b. Where a Veterinary Office/Hospital is allowed as a conditional use, it may

be permitted by the Hearing Examiner [Board of Appeals] under Section
[Sec.][[8.3.1]] 7.3.1,Conditional Use, and the following standards:
i. Exterior areas used to exercise, walk, or keep animals must be set
back a minimum of 75 feet from any lot line and screened under Division [[7.5]] 6.5 [Sec. 7.4.5]. [Buildings are exempt from this requirement.]
ii. All exterior exercise areas and runs must be fenced.
iii. Animals are prohibited from being outdoors between 9:00 p.m. and
7:00 a.m.
iv. Animals must [not] only be walked or exercised in on-site outdoor
areas [that are off-site].
v. The sound level at the nearest property line [cannot exceed 60 dBA]
must satisfy Chapter 31B.

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vi. All buildings and accessory structures must be set back a minimum of
50 feet from any residential lot line.

(b) Detailed floor plans that show all the interior areas, including runs
and kennels.

[vii.For all buildings in which animals will be contained, sound levels

emanating from the interior of the building must satisfy Chapter 31B
as measured at the property line.]

(c) Site plans that show the layout of all exterior areas used to exercise, walk, or keep animals.

vii. [viii.] All litter and animal waste must be contained and controlled on
the site.
viii. [ix.] Any accessory operation, such as the sale of pet food and supplies, must be in the statement of operations and must be limited as
an accessory activity to a maximum of 20% of sales.
ix. [x.] The Hearing Examiner [Board of Appeals] may regulate hours of
operation. The Hearing Examiner [Board of Appeals] may also regulate the number of animals that may be boarded, exercised, walked
or kept in runs or similar areas, and how the animals are boarded,
exercised, walked or kept.
x. [xi.] The Hearing Examiner [Board of Appeals] may regulate the
number of appointments. Animals may be seen by appointment
only. Emergency patients and visits to pick up prescriptions and petrelated items may also occur, within office hours only and without a
scheduled appointment; abuse of this exemption may lead to revocation of the conditional use. A written log of all appointments and
drop-in and emergency client activities must be kept, to be available
for inspection by [County authorities] DPS.
xi. [xii.] If the proposed use is located in an area that uses well water and
septic facilities, the applicant must prove that the use will not [have
any negative] adversely effect [on] groundwater or septic systems.
xii. [xiii.] The applicant must submit the following:
(a) Acoustical engineering studies that demonstrate that the proposed use will meet required noise levels. The studies must show
the worst case scenario sound level (for example, full occupancy).
The statement of operations must be sufficiently detailed to
allow determination of how often the worst case scenario sound
level occurs.
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xiii. [xiv.] In the R-90 and R-60 zones:

(a) The minimum lot area is one-half acre; and
(b) In the R-60 zone, the Veterinary Office/Hospital must be located
on a site with frontage on a road with a minimum existing rightof-way width of 90 feet, that confronts a property zoned Commercial/Residential or Employment.
xiv. [xv.] In the AR zone, this use may be prohibited under Section [Sec.]
3.1.5, Transferable Development Rights.

Section 3.5.2. Communication Facility

A. Cable Communications System
1. Defined
[[A]] Cable Communications System [is] means an arrangement of antennas, cables, amplifiers, towers, microwave links, lines, wires, waveguides,
laser beams, satellites, or any other conductors, converters, equipment, or
structures designed, constructed and operated with the purpose of producing, transmitting, receiving, amplifying, storing, processing, or distributing audio, video, digital or other forms of electronic or electrical signals,
programs and services in which the signals are distributed by wire or cable
to subscribing members of the public. Cable Communications System does
not include any similar system with cables that do not touch public rightsof- way and that serve only the occupants of a single property of land under
common ownership or management.

2. Use Standards
Where a Cable Communications System is allowed as a conditional use, it
may be permitted by the Hearing Examiner [Board of Appeals] under Section
[Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:

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a. Any proposed tower must be set back one foot for every foot of height
of a tower from all property lines, measured from the base of the support
structure.
b. The location of the proposed community access centers or studios are
consistent with the cable communications plan approved by the District
Council.
c. Structures, buildings, and facilities in which or on which component elements of a Cable Communications System are located or which otherwise support the system, and which are operated by the entity operating the Cable Communications System [pursuant to] under a franchise
awarded by Montgomery County, may be allowed [upon approval] if
approved by the Hearing Examiner [Board of Appeals].
d. Offices are prohibited in Residential zones as part of the Cable Communications System.
e. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.
f. The transmission and distribution lines, wires, and cables that are component elements of a cable communications system are permitted uses
in all zones and are not required to obtain conditional use approval.

B. Media Broadcast Tower

1. Defined
[[A]] Media Broadcast Tower [is] means any structure used to transmit radio
or television communications that are intended to be received by the public.
Media Broadcast Tower does not include amateur radio antenna (see Section
[Sec.] 3.5.14.A and Section [Sec.] [[6.5.14.B]] 3.5.14.B, Amateur Radio Facility) or Telecommunications Tower (see Section [Sec.] 3.5.2.C, Telecommunications Tower).

2. Use Standards
a. Where a Media Broadcast Tower is allowed as a limited use, it is a maximum height of 199 feet and is set back one foot for every foot of height
from any property zoned Agricultural, Rural Residential, or Residential.

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b. Where a Media Broadcast Tower is allowed as a conditional use, it may

be permitted by the Hearing Examiner [Board of Appeals] under Section
[Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:
i. Before the Hearing Examiner [Board of Appeals] grants any conditional use for a Media Broadcast Tower, the proposed facility must
be reviewed by the County Transmission Facility Coordinating Group.
The applicant for a conditional use must file a recommendation from
the Transmission Facility Coordinating Group with the Hearing Examiner [Board of Appeals] regarding the tower with the application. The
recommendation must be no more than one year old.
ii. Any antenna that is collocated on an existing tower is [not required to
obtain] allowed without a conditional use permit. A modification of a
Media Broadcast Tower conditional use permit is only required for a
change to any use within the conditional use area directly related to
the conditional grant.
iii. A Media Broadcast Tower must be set back from the property line, as
measured from the base of the support structure, as follows:
(a) In the Agricultural, Rural Residential, and Residential Detached
zones, a distance of one foot for every foot of height or 275 feet
from an existing dwelling, whichever is greater.
(b) In the Employment and Industrial zones, a distance of one foot
for every foot of height.
(c) The Hearing Examiner [Board of Appeals] may reduce the
setback requirement to not less than the building setback for
a detached house building type in the applicable zone or to a
distance of one foot from an off-site dwelling for every foot of
height of the support structure, whichever is greater, if evidence
indicates that a reduced setback will allow the support structure
to be located on the property in a less visually obtrusive location
than locations on-site where all setback requirements can be met
after considering the height of the structure, topography, existing
vegetation, nearby residential properties, and visibility from the
street. A reduced setback may [not] be approved only if there is

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[no] a location on the property where the setback requirements

can be met.
iv. The maximum height of the support structure is 275 feet, except
where it can be demonstrated that the additional height is necessary
to [[comply with]] satisfy the minimum requirements established
by the Federal Communications Commission. At the completion of
construction, before the support structure may be used to transmit
any signal, and before the final inspection [pursuant to] required by
the building permit, the applicant must certify to DPS that the height
and location of the support structure as built conforms with the
height and location of the support structure [as authorized in] on the
building permit.
v. The support structure must be located to minimize its visual impact. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required;
however, the Hearing Examiner [Board of Appeals] may require the
support structure to be less visually obtrusive by use of screening,
coloring, stealth design, or other visual mitigation options, after
considering the height of the structure, topography, existing vegetation and environmental features, and abutting and nearby residential
properties.
vi. The property owner is an applicant for the conditional use for each
support structure.
vii. The equipment compound has sufficient area to accommodate
equipment sheds or cabinets associated with a station or tower. The
outdoor storage of equipment or other items is prohibited.
viii. Signs or illumination are prohibited on the antennas or support structure unless required by the Federal Communications Commission,
the Federal Aviation Administration, or the County.
ix. The Media Broadcast Tower will be removed at the cost of the owner
when no longer in use for more than 12 months.
x. Any support structure is identified by a sign [no larger than] 2 square
feet or smaller, affixed to the support structure or any equipment
building. The sign must identify the owner and the maintenance

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service provider of the support structure or any attached antenna

and provide the telephone number of a person to contact regarding
the structure. The sign must be updated and the Hearing Examiner
[Board of Appeals] notified within 10 days of any change in ownership.
xi. The owner of the facility is responsible for maintaining the facility in a
safe condition.

C. Telecommunications Tower
1. Defined
[[A]] Telecommunications Tower [is] means any structure other than a
building, providing wireless voice, data or image transmission within a
designated service area. Telecommunications Tower consists of one or more
antennas attached to a support structure and related equipment, but does
not include amateur radio antenna (see Section [Sec.] 3.5.14.A and Section
[Sec.] 3.5.14.B, Amateur Radio Facility), radio or TV tower (see Section [Sec.]
3.5.2.B, Media Broadcast Tower), or an antenna on an existing structure (See
Section [Sec.] 3.5.14.C, Antenna on Existing Structure).

2. Use Standards
a. Where a Telecommunications Tower is allowed as a limited use, it must
satisfy the following standards:
i. It must not be staffed.
ii. Antennas are limited to the following types and dimensions:
(a) omni-directional (whip) antennas with a maximum height of 15
feet and a maximum diameter of 3 inches ;
(b) directional or panel antennas with a maximum height of 8 feet
and a maximum width of 2 feet; and
(c) satellite or microwave dish antennas with a maximum diameter
of 8 feet.
iii. Signs or illumination on the antennas or support structure are prohibited unless required by the Federal Communications Commission, the
Federal Aviation Administration, or the County.

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iv. In the AR, R, and RC zones, the tower must be located within an overhead transmission line right-of-way and is a maximum height of 199
feet. The tower must be a minimum of 300 feet from any residence. A
Telecommunications Tower conditional use application may be filed
with the Hearing Examiner [Board of Appeals] to deviate from this
standard.
v. In the LSC, IL, IM, and IH zones, the tower is a maximum height of
199 feet with a setback of one foot for every foot of height from all
properties zoned Agricultural, Rural Residential, or Residential.
vi. In the GR and EOF zones, the tower is a maximum height of 150 feet
with a setback of one foot for every foot of height from all properties
zoned Agricultural, Rural Residential, or Residential. A Telecommunications Tower conditional use application may be filed with the Hearing Examiner [Board of Appeals] to deviate from this standard.
b. Where a Telecommunications Tower is allowed as a conditional use, it
may be permitted by the Hearing Examiner [Board of Appeals] under all
applicable limited use standards, Section [Sec.][[8.3.1]] 7.3.1,Conditional
Use, and the following standards:
i. Before the Hearing Examiner [Board of Appeals] [grants] approves
any conditional use for a Telecommunications Tower, the proposed
facility must be reviewed by the County Transmission Facility
Coordinating Group. The applicant for a conditional use must file a
recommendation from the Transmission Facility Coordinating Group
with the Hearing Examiner [Board of Appeals] at least 5 days before
the date set for the public hearing. The recommendation must be no
more than 90 days old.
ii. A Telecommunications Tower must be set back from the property
line, as measured from the base of the support structure, as follows:
(a) A Telecommunications Towers is prohibited in any scenic setback
indicated in a master plan.
(b) In the Agricultural, Rural Residential, and Residential Detached
zones, a distance of one foot for every foot of height or 300 feet
from an existing dwelling, whichever is greater.

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(c) In the Employment and Industrial zones, a distance of one-half

foot for every foot of height when abutting Commercial/Residential, Employment, or Industrial zoned properties, and one foot for
every foot of height when abutting Agricultural, Rural Residential,
or Residential zoned properties.
(d) The Hearing Examiner [Board of Appeals] may reduce the
setback requirement to not less than the building setback for
a detached house building type in the applicable zone or to a
distance of one foot from an off-site dwelling for every foot of
height of the support structure, whichever is greater, if evidence
indicates that a reduced setback will allow the support structure
to be located on the property in a less visually obtrusive location
than locations on-site where all setback requirements can be met
after considering the height of the structure, topography, existing
vegetation, nearby residential properties, and visibility from the
street. A reduced setback may [not] be approved only if there is
[no] a location on the property where the setback requirements
can be met.
iii. The maximum height of a support structure and antenna is 155 feet,
unless it can be demonstrated that additional height up to 199 feet is
needed for service, collocation, or public safety communication purposes. At the completion of construction, before the support structure may be used to transmit any signal, and before the final inspection [pursuant to] required by the building permit, the applicant must
certify to DPS that the height and location of the support structure
conforms with the height and location of the support structure [as
authorized in] on the building permit.
iv. The support structure must be located to minimize its visual impact. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required,
however, the Hearing Examiner [Board of Appeals] may require the
support structure to be less visually obtrusive by use of screening,
coloring, stealth design, or other visual mitigation options, after considering the height of the structure, topography, existing vegetation
and environmental features, and nearby residential properties.

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v. The property owner must be an applicant for the conditional use for
each support structure.
vi. A modification of a conditional use is only required for a change to
any use within the conditional use area directly related to the conditional use approval.
vii. A support structure must be constructed to hold a minimum of 3
wireless communication carriers unless the Hearing Examiner [Board
of Appeals] finds:
(a) that collocation at the proposed location is not essential to the
public interest; and
(b) that construction of a lower support structure with fewer wireless
communication carriers will promote community compatibility.
viii. The equipment compound must have sufficient area to accommodate equipment sheds or cabinets associated with all the carriers.
Outdoor storage of equipment or other items is prohibited.
ix. The support structure must be removed at the cost of the owner of
the Telecommunications Tower when the Telecommunications Tower
is no longer in use by any wireless communication carrier for more
than 12 months.
x. The support structure must be identified by a sign [no larger than] 2
square feet or smaller, affixed to the support structure or any equipment building. The sign must identify the owner and the maintenance service provider of the support structure or any attached
antenna and provide the telephone number of a person to contact
regarding the structure. The sign must be updated and the Hearing
Examiner [Board of Appeals] notified within 10 days of any change in
ownership.
xi. Each owner of the Telecommunications Tower is responsible for
maintaining the wireless communications tower in a safe condition.
xii. The Hearing Examiner [Board of Appeals] must make a separate,
independent finding as to need and location of the facility. The ap-

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plicant must submit evidence sufficient to demonstrate the need for

the proposed facility.

Section 3.5.3. Eating and Drinking

A. Country Inn
1. Defined
[[A]] Country Inn [is] means an establishment for dining in a rural area that
may include a maximum of 12 overnight guest rooms and the following subordinate uses: rural antique shop; handicrafts or art sales; equestrian-related
retail sales and service; and recreational facilities primarily for the use of
guests.

2. Use Standards
a. Where a Country Inn is allowed as a limited use, it must satisfy the following standards:
i. [It] The property on which the use is located must [be legally existing]
have been in the Country Inn zone and be the subject of an approved
development plan or development plan amendment before October 30, 2014, and must [fully comply with] satisfy the [schematic]
development plan and any associated binding element or covenant
applicable to the property as of October 29, 2014.
ii. A conditional use application for a Country Inn may be filed with the
Hearing Examiner [Board of Appeals] if this use standard can not be
met.
[iii. [The minimum lot area is 2 acres, or a lesser area if a master plan
recommends a lesser area.
iv. The maximum coverage is 10%.
v. A minimum of 50% of the lot must be open space.
vi. The minimum setback from any street is 50 feet. The minimum setback from any other lot line is 75 feet.
vii. A lawfully existing structure may be used that does not meet requirements iii. through vi.]

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b. Where a Country Inn is not legally existing before October 30, 2014, it
may be allowed as a conditional use by the Hearing Examiner under Section [[8.3.1]] 7.3.1, Conditional Use and the following standards:
i. The minimum lot area is 2 acres, or a lesser area if a master plan
recommends a lesser area.
ii. The maximum coverage is 10%.
iii. A minimum of 50% of the lot must be open space.
iv. The minimum setback from any street is 50 feet. The minimum setback from any other lot line is 75 feet.

B. Restaurant
1. Defined
[[A]] Restaurant [is] means any structure and land for the preparation and
sale of food or drink for consumption. Restaurant includes catering, take-out
services, and banquet facilities, but does not include a Drive-Thru (see Section [Sec.] 3.5.14.E, Drive-Thru).

2. Use Standards
a. Where a Restaurant is allowed as a limited use, it must satisfy the following standards:
i. In the CRN zone, if [it is abutting or confronting] the subject lot abuts
or confronts a property zoned Agricultural, Rural Residential, or
Residential Detached that is vacant or improved with an agricultural
or residential use, site plan approval is required under Section [Sec.]
[[8.3.4]] 7.3.4.
ii. In the IL and IM zone, a maximum of 3,500 square feet or [25] 35%
of the [allowed gross floor area] mapped FAR, whichever is greater,
may be for Restaurant use or a combination of Office, Retail/Service
Establishment, or Restaurant uses.
b. Where a Restaurant is allowed as a conditional use, it may be permitted
by the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]]
7.3.1,Conditional Use.

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Section 3.5.4. Funeral and Interment Services

A. Cemetery
1. Defined
[[A]] Cemetery [is] means a place used for the permanent interment of
deceased persons or animals or their cremated remains. Cemetery does not
include a memorial garden on the premises of a religious institution (see Section [Sec.] 3.4.10, Religious Assembly).

2. Use Standards
Where a Cemetery is allowed as a conditional use, it may be permitted by
the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]] 7.3.1,
Conditional Use, and the following standards:
a. The proposed location must be compatible with adjacent land uses, and
will not adversely affect the public health, safety, and welfare of the
inhabitants of the area.
b. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required; [except
that] however, all grave sites must be sufficiently set back from surrounding properties to establish a buffer.
c. Where the subject property is located in an area not served by public water and sewer, water table tests must be conducted to assure that there
is adequate filtration of drainage between burial depth and the level of
high water table.
d. In the AR, R, and RC zones, a family burial site is allowed as an accessory
use on a residentially developed property and may be approved on a lot
or parcel that is appropriate to the circumstances and is a minimum of 25
acres in size. A family burial site must be set back a minimum of 100 feet
from any abutting property in a Residential zone and a minimum of 50
feet from any existing or master-planned street. The use of any property
for a family burial site must be recorded in the lands records of Montgomery County.

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B. Crematory
1. Defined
[[A]] Crematory [is] means a structure in which cremation occurs.

2. Use Standards
Where a Crematory is allowed as a conditional use, it may be permitted by
the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]] 7.3.1,
Conditional Use.

C. Funeral Home, Undertaker

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

2. Use Standards
a. Where a Funeral Home, Undertaker is allowed as a limited use, it must
satisfy the following standards:
i. The cremation of remains is prohibited.
ii. The funeral home may include a dwelling or sleeping facilities either
as a separate building or a portion of the main building to be occupied by the owner or an employee of the establishment.
iii. If public water and sewer are available they must be used for the
operation of the facility. Where public water and sewer are not available, chemicals used for burial preparation are prohibited.
iv. Queuing of motor vehicles is prohibited in the public right-of-way.
v. If [it is abutting or confronting] the subject lot abuts or confronts a
property zoned Agricultural, Rural Residential, or Residential Detached that is vacant or improved with an agricultural or residential
use, site plan approval is required under Section [Sec.][[8.3.4]] 7.3.4.

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b. Where a Funeral Home, Undertaker is allowed as a conditional use, it

may [satisfy Sec. 3.5.4.C.2.a.i through Sec. 3.5.4.C.2.a.iii,] be permitted
by the Hearing Examiner [Board of Appeals] under Section 3.5.4.C.2.a.i
through Section 3.5.4.C.2.a.iii, Section [Sec.][[8.3.1]] 7.3.1, Conditional
Use, and the following standards:
i. The minimum side setback is 50 feet.
ii. The minimum rear setback is 50 feet.
iii. Frontage upon and access to a street or roadway having more than
one through travel lane in each direction of travel.
iv. In the RE-2, RE-1, R-200, and R-90 zones, the minimum lot area is 2
acres.
v. In the AR zone, this use is allowed only where it is operating [in
conjunction] with a Cemetery established by conditional use approval
before August 20, 2001. Also, this use may be prohibited under Section [Sec.] 3.1.5, Transferable Development Rights.

Section 3.5.5. Landscape Contractor

A. Defined
[[A]] Landscape Contractor [is] means the business of designing, installing,
planting, or maintaining lawns, gardens, or other landscaping and providing
snow removal services with vehicles, equipment, and supplies that are stored,
parked, serviced, or loaded at the business location. Landscape Contractor
includes tree installation, maintenance, or removal. Landscape Contractor does
not include Lawn Maintenance Service (see Section 3.5.14.G, Lawn Maintenance
Service).

B. Use Standard
Where a Landscape Contractor is allowed as a conditional use, it may be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]]
7.3.1, Conditional Use, and the following standards:
1. In the Agricultural, Rural Residential, and Residential Detached zones the
minimum lot area is 2 acres. The Hearing Examiner [Board of Appeals] may
require a larger area if warranted by the size and characteristics of the inventory or operation.
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2. Building and parking setbacks, including loading areas and other site operations, are a minimum of 50 feet from any lot line.

iv. A guest must only remain in a Bed and Breakfast for a maximum of
14 days in any one visit.

3. The number of motor vehicles and trailers for equipment and supplies operated in connection with the contracting business or parked on-site must
be limited by the Hearing Examiner [Board of Appeals] to avoid an adverse
impact on abutting uses. Adequate parking must be provided on-site for the
total number of vehicles and trailers permitted.

v. A record of all overnight visitors must be maintained.

4. Sale of plant materials, garden supplies, or equipment is prohibited unless

the contracting business is associated with a Nursery (Retail) or Nursery
(Wholesale).
5. The Hearing Examiner [Board of Appeals] may regulate hours of operation
and other on-site operations to avoid adverse impact on abutting uses.

Section 3.5.6. Lodging

A. Defined, In General
Lodging [is] means a building used for the short-term overnight accommodation
[for compensation] of paying guests.

B. Bed and Breakfast

1. Defined
[[A]] Bed and Breakfast [is] means a detached house that is owner-occupied
with no more than 5 guest rooms for rent and customarily serves breakfasts
to guests.

2. Use Standards
a. Where a Bed and Breakfast is allowed as a limited use, it must satisfy the
following standards:
i. A Bed and Breakfast is prohibited in a dwelling unit that also provides
guest rooms for roomers, or in a Farm Tenant Dwelling, or on a site
that includes an Accessory Apartment.
ii. The display of a sign must include the official house number.
iii. Breakfast is the only meal that may be served and only to overnight
guests.

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vi. The Bed and Breakfast must be registered with DPS.

vii. In the Agricultural, Rural Residential, and Residential zones, the minimum lot area is the greater of 9,000 square feet or the minimum lot
area for a detached house building type in the zone.
viii. In the Agricultural, Rural Residential, and Residential zones, on a lot
of less than 2 acres, a maximum of 3 bedrooms may be designated as
guest rooms for which compensation is charged.
ix. In the Agricultural and Rural Residential zones, a Bed and Breakfast
may be allowed in an accessory building designated as historic on the
Master Plan for Historic Preservation.
x. Parking must be located behind the front building line.
xi. In the AR zone, this use may be prohibited if not accessory to Farming under Section [Sec.] 3.1.5, Transferable Development Rights.
b. Where a Bed and Breakfast is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under all limited
use standards, Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:
i. The Hearing Examiner [Board of Appeals] may deny a petition for a
Bed and Breakfast with frontage on and access to a road built to less
than primary residential standards if it finds that road access will be
unsafe and inadequate for the anticipated traffic to be generated
or the level of traffic would have an adverse impact on neighboring
residences.
ii. If there is inadequate space for parking behind the front building line,
the Hearing Examiner [Board of Appeals] may approve an alternative
placement for parking.
iii. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.
iv. To avoid an adverse neighborhood impact and assure that the
residential use remains predominant, the Hearing Examiner [Board
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of Appeals] may limit the number of transient visitors who may be

accommodated at one time or the number of visits in any 30-day
period.

C. Hotel, Motel
Defined
[[A]] Hotel, Motel [is] means a building containing guest rooms arranged for
short-term [stays] accommodations of less than 30 days for compensation and
may contain one or more restaurants, meetings rooms, or banquet facilities.
Hotel, Motel includes a hostel.

Section 3.5.7. Medical and Dental

A. Clinic (Up to 4 Medical Practitioners)
1. Defined
[[A]] Clinic (Up to 4 Medical Practitioners) [is] means a building occupied by
up to 4 medical practitioners and related services to provide healthcare on
an outpatient basis.

2. Use Standards
Where a Clinic (Up to 4 Medical Practitioners) is allowed as a conditional use,
it may be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.] [[8.3.1]] 7.3.1, Conditional Use, and the following standards:
a. The minimum lot width at the front lot line is 100 feet.
b. The minimum setback from [an abutting] a lot that is vacant or residentially improved is 40 feet. The minimum setback from all other abutting
lots is 20 feet.
c. The site must front on and have direct access to a business district
street[[, arterial,]] or higher classification [[standard roadway]]; [except
that] however, access to a corner lot may be from an abutting primary
street, if the Hearing Examiner [Board of Appeals] finds the access to
be appropriate and not detrimental to existing residential uses on the
primary street.
d. Office space suitable for the practice of the profession must be unavailable in either the nearest Commercial/Residential or Employment zone
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or the nearest medical clinic office building constructed [according to a

conditional use grant].
e. A maximum of 4 additional medical practitioners may be present at any
one time, and only if the presence of the additional practitioners will not
generate additional patient-related traffic. The additional practitioners
are only allowed to assist a practitioner in a specific surgical or diagnostic
procedure or perform administrative work related to the treatment of
patients on-site the same day. A written record must be kept for inspection by County enforcement staff identifying the physicians on-site and
their schedules of seeing patients and performing administrative work.

B. Clinic (More than 4 Medical Practitioners)

1. Defined
[[A]] Clinic (More than 4 Medical Practitioners) [is] means a building occupied by more than 4 medical practitioners and related services to provide
healthcare on an outpatient basis. Clinic (More than 4 Medical Practitioners)
does not include emergency medical care accessory to a Hospital.

2. Use Standards
a. Where a Clinic (More than 4 Medical Practitioners) is allowed as a limited
use, [if it is abutting or confronting] and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential
Detached that is vacant or improved with an agricultural or residential
use, site plan approval is required under Section [Sec.][[8.3.4]] 7.3.4.
b. Where a Clinic (More than 4 Medical Practitioners) is allowed as a
conditional use, it may be permitted by the Hearing Examiner [Board of
Appeals] under Section [Sec.][[8.3.1]] 7.3.1, Conditional Use.

C. Medical, Dental Laboratory

Defined
[[A]] Medical, Dental Laboratory [is] means a private, non-profit, or research
facility for the testing of blood and other clinical specimens, including a blood or
plasma donation center. Medical, Dental Laboratory includes the fabrication of
medical or dental appliances.[[.]]

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Section 3.5.8. Office and Professional

A. Life Sciences
Defined
Life Sciences [is] means the research, development, and manufacturing
activities in one or more of the following scientific fields: biology, biophysics,
biochemistry, bioelectronics, biotechnology, biomedical engineering, bioinformatics, medicine, immunology, embryology, clinical engineering, diagnostics,
therapeutics, nutriceuticals, pharmacogenomics, drug production, genetic testing, or gene therapy activities. For a business, institution, or government agency
conducting such activities in a Life Sciences Center, Life Sciences also includes
related activities and supporting services, such as administrative offices, educational facilities, libraries, data services, nanotechnology, informational technology, and robotics.

B. Office

i. In the R-200, R-90, and R-60 zones:

(a) The Office must be in an existing detached house.
(b) Parking of more than one light commercial vehicle is prohibited.
(c) Exterior storage of goods or equipment is prohibited.
(d) Truck deliveries are prohibited, except for parcels delivered by
public or private parcel services that customarily make residential
deliveries.
(e) The storage of equipment or merchandise for collection by employees is prohibited.
(f) A minimum of 25% of the lot area is devoted to open space.
(g) In the R-60 zone, the site must be:

1. Defined
[[An]] Office [is] means a room, set of rooms, or a building where the business of a commercial or industrial organization or of a professional person
is conducted. Office includes a chancery, but does not include medical or
dental services (see Section [Sec.] 3.5.7, Medical and Dental) or Veterinary
Office/Hospital (see Section [Sec.] 3.5.1.C, Veterinary Office/Hospital).

2. Use Standards
a. Where an Office is allowed as a limited use, it must satisfy the following
standards:
i. In the LSC zone, an Office for a company that is not principally engaged in health services, research and development, or high technology industrial activities is limited to 40% of the gross floor area.
ii. In the IL and IM zone, a maximum of [50] 35% of the [allowed gross
floor area] mapped FAR may be for Office use or a combination of
Office, Retail/Service Establishment, or Restaurant uses.

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b. Where an Office is allowed as a conditional use, it may be permitted by

the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]]
7.3.1,Conditional Use, and the following standards:

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(1) designated as suitable for an Office or nonresident professional office in a master plan; and
(2) located along a highway with an existing right-of-way with
a minimum width of 90 feet or along a portion of an arterial
road designated as a boundary of a Central Business District
area.
(h) In the R-90 zone, the site must:
(1) be designated as historic in the Master Plan for Historic Preservation;
(2) be located along a highway with an existing right-of-way
[[of]] that is at least 120 feet wide; and
(3) contain a structure formerly used for nonresidential purposes.
(i) In the R-200 zone, the site must abut a fire station, police station,
ambulance squad, or rescue squad on more than one lot line.

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C. Research and Development

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

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

Section 3.5.9. Parking

A. Defined, In General
Parking [is] means a lot or structure that provides parking for motor vehicles
where the facility is the principal use and a fee may be charged.

B. Structured Parking
Defined
Structured Parking [is] means a one or more level free-standing structure for
parking or storing motor vehicles that does not share a common floor or ceiling
with another use allowed in the zone. Structured Parking does not include Surface Parking. [Structured Parking does not include Surface Parking.]

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C. Surface Parking for Use Allowed in the Zone

1. Defined
Surface parking for Use Allowed in the Zone [is] means surface parking in
connection with any permitted or limited use allowed in the zone where no
building or other use requiring parking is on the same lot.

2. Use Standards
Where Surface Parking for Use Allowed in the Zone is allowed as a limited
use, it must satisfy the following standards:
a. Where a sketch plan is required, the surface parking is only allowed as
part of an approved phasing plan and [if] the Planning Board finds that
the layout is safe, efficient, and compatible with adjacent development.
b. Where a sketch plan is not required,
i. the parking setbacks must accommodate the landscaping required
under Section [Sec.] [[7.2.9]] 6.2.9, and
ii. [Additionally, in] In the CRT, CR, LSC, and EOF zones:
(a) the surface parking must be providing parking for a use on an
abutting lot or be a municipal public parking lot; and
(b) for properties on a business district street, [a site plan, if not
otherwise required, must be filed] site plan approval is required
under Section [Sec.][[8.3.4]] 7.3.4. [showing] The Planning Board
must find that the surface parking supports commercial or residential uses that substantially conform with the recommendations of the applicable master plan.

D. Surface Parking for Commercial Uses in an Historic District

1. Defined
Surface Parking for Commercial Uses in an Historic District [is] means the
parking of motor vehicles on land zoned Agricultural, Rural Residential, or
Residential in a master plan-designated historic district, where the parking
must abut land zoned Commercial/Residential or Employment in the same
master plan-designated historic district.

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2. Use Standards
a. Where Surface Parking for Commercial Uses in an Historic District is allowed as a limited use, it must satisfy the following standards:
i. The land zoned Agricultural, Rural Residential, or Residential is currently vacant. Removing or relocating structures to provide parking is
prohibited.
ii. The amount of parking proposed is the minimum required under
Division [[7.2]] 6.2 [Sec. 7.2.9], Parking, Queuing, and Loading for the
commercial use proposed. Providing extra spaces is prohibited.
iii. The parking area must be located behind the front building line of
the commercial structure being served by the parking; [except that in
the case of] however, for a through lot with 2 front setbacks, parking
must normally front on the road with the lesser classification.
iv. Review and approval of the proposed parking must be obtained from
the Historic Preservation Commission through the Historic Area Work
Permit process under Chapter 24 (Section [Sec.] 24A-7).
v. In the AR, R, RE-2, RE-2C, RE-1, and R-200 zones, site plan approval is
required under Section [Sec.][[8.3.4]] 7.3.4.
b. Where Surface Parking for Commercial Uses in an Historic District is allowed as a conditional use, it may be permitted by the Hearing Examiner
[Board of Appeals] under all applicable limited use standards and Section
[Sec.][[8.3.1]] 7.3.1, Conditional Use. Screening under Division [[7.5]] 6.5
[Sec. 7.4.5] is not required.

Section 3.5.10. Recreation and Entertainment

A. Adult Entertainment
1. Defined
Adult Entertainment [is] means an establishment that:
a. sells, rents, exhibits, or displays adult entertainment materials using a
floor area that is more than 10% of the total floor area for selling, renting, exhibiting, or displaying all materials;

c. otherwise requires a County license as an Adult Entertainment business.

2. Use Standards
Where Adult Entertainment is allowed as a limited use, it must satisfy the
following standards:
a. The adult entertainment materials must not be visible from outside the
establishment.
b. Access to the adult entertainment materials must be prohibited to any
person under the age of 18 years.
c. The Adult Entertainment business must be located a minimum of 750
feet from any property that is
i. located in a Residential zone; or
ii. on which a school, library, park, playground, recreational facility, day
care center, place of worship, or other Adult Entertainment business
is located as a principal use.
The distance must be measured in a straight line from the nearest lot line
of the subject property to the nearest point of the boundary line of any
property located in a Residential zone, or on which a school, library, park,
playground, recreational facility, day care center, place of worship or
other Adult Entertainment business is located.
d. An Adult Entertainment business may continue as a nonconforming use
if a school, library, park, playground, recreational facility, day care center,
place of worship, or Agricultural or Residential zone is established within
750 feet of the Adult Entertainment business after the business was
established.
e. An Adult Entertainment business may operate only between the hours of
9:00 a.m. and 11:00 p.m.
f. If adult booths are located on the premises:
i. The booths must be physically arranged so that the entire interior
portion of the booth is visible from the common areas of the premises;

b. features nude persons in adult entertainment performances; or

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

B. Campground
1. Defined
[[A]] Campground [is] means a parcel, lot, or tract of land used for 2 or more
tent or recreational vehicle campsites. Campground does not include sites
for manufactured homes.

2. Use Standards
[a. Where a campground is allowed as a limited use, it must be established
before April 11, 2005.]
[b.] Where a Campground is allowed as a conditional use, it may be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.] [[8.3.1]]
7.3.1,Conditional Use, and the following standards:
a. [i.] The maximum density of campsites is 15 campsites per acre of the
developed portion of the Campground, inclusive of service roads, toilet
facilities and service buildings.
b. [ii.] Each campsite, excluding parking space, [provides] is a minimum of
900 square feet.
c. [iii.] The site is a minimum of 10 acres and has a minimum frontage of 150
feet abutting a public right-of-way; unless the Hearing Examiner [Board
of Appeals] waives the requirement for a minimum frontage where it
finds that access for vehicular traffic is adequate.
d. [iv.] All campsites are located a minimum of 100 feet from any property
line, and a minimum of 125 feet from the centerline of any public rightof-way.

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e. [v.] Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.

C. Conference Center
1. Defined
[[A]] Conference Center [is] means a facility for conducting meetings, discussions, and conferences. Conference Center includes meeting rooms, auditoriums, cafeterias, dining rooms, recreational uses, and supporting services
designed to accommodate planned meetings. Conference Center does not
include a Hotel, Motel (see Section [Sec.] 3.5.6.C, Hotel, Motel).

2. Use Standards
Where a Conference Center is allowed as a conditional use, it may be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]]
7.3.1, Conditional Use.

D. Golf Course, Country Club

1. Defined
[[A]] Golf Course , Country Club [is] means the course and surrounding land
maintained for the game of golf, including accessory maintenance facilities,
putting greens and driving ranges, and club houses that may contain locker
rooms, restaurants, pro shops, tennis courts, and pools. Golf Course , Country Club includes the provision of food, refreshments, and entertainment for
club or organization members and their guests.

2. Use Standards
Where a Golf Course, Country Club is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1,Conditional Use, and the following standards:
a. The maximum coverage is no more than 3%.
b. The minimum setback for a principal building is 50 feet.
c. In a Residential zone, [a] the minimum frontage [of] is 200 feet on a road
of arterial or higher classification [is required].
d. All major outdoor activity areas, golf course playing surfaces, and accessory uses such as tennis courts and swimming pools must be set back a
minimum of 100 feet from lot lines abutting a property in a Residential
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Detached zone. The Hearing Examiner [Board of Appeals] may reduce

this setback where it finds that landscaping, screening, fencing or other
measures can mitigate the adverse effects on the abutting residential
use.
e. Screening under Division[[7.5]] 6.5 [Sec. 7.4.5] is not required.

E. Health Clubs and Facilities

1. Defined
Health Clubs and Facilities [is] means any establishment designed to enhance the physical conditioning and general health of participants. Health
Clubs and Facilities includes dance, martial arts, and yoga studios.

2. Use Standards
Where Health Clubs and Facilities is allowed as a limited use, it must satisfy
the following standards:
a. In the CRN zone, if [it is abutting or confronting] the subject lot abuts or
confronts a property zoned Agricultural, Rural Residential, or Residential
Detached that is vacant or improved with an agricultural or residential
use, site plan approval is required under Section [Sec.][[8.3.4]] 7.3.4.
b. In the NR zone, the maximum size is 14,500 square feet of gross floor
area.

F. Recreation and Entertainment Facility, Indoor (Capacity up to 1,000

Persons)
1. Defined
[[A]] Recreation and Entertainment Facility, Indoor (Capacity up to 1,000
Persons) [is] means a building with a capacity up to 1,000 [persons] people
that provides recreation or entertainment activities [in an indoor setting,]
such as sport facilities, theaters, and dance clubs. Recreation and Entertainment Facility, Indoor does not include Shooting Range (Indoor) (see Section
[Sec.] 3.5.10.I, Shooting Range (Indoor)) or Health Clubs and Facilities (see
Section [Sec.] 3.5.10.E, Health Clubs and Facilities).

2. Use Standards
a. Where a Recreation and Entertainment Facility, Indoor (Capacity up to
1,000 Persons) is allowed as a limited use, its capacity is limited to 250
[persons] people. A conditional use application may be filed with the
Hearing Examiner [Board of Appeals] to increase capacity up to 1,000
[persons] people.
b. Where a Recreation and Entertainment Facility, Indoor (Capacity up to
1,000 Persons) is allowed as a conditional use, it may be permitted by the
Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]] 7.3.1,
Conditional Use and the following standard:
The Hearing Examiner [Board of Appeals] may deny the application if it
finds the use would be inconsistent with the intent of the zone due to the
facilitys size, intensity, level of noise, traffic activity, hours of operation,
or lighting.

G. Recreation and Entertainment Facility, Outdoor (Capacity up to 1,000

Persons)
1. Defined
[[A]] Recreation and Entertainment Facility, Outdoor (Capacity up to 1,000
Persons) [is] means a structure or land with a capacity up to 1,000 [persons] people providing [outdoor] recreation activities outside of a building.
Recreation and Entertainment Facility, Outdoor includes golf driving range,
but does not include Golf Course, Country Club (see Section [Sec.] 3.5.10.D,
Golf Course, Country Club), or Shooting Range (Outdoor) (see Section [Sec.]
3.5.10.J, Shooting Range (Outdoor)).

2. Use Standard
Where a Recreation and Entertainment Facility, Outdoor (Capacity up to
1,000 Persons) is allowed as a conditional use, it may be permitted by the
Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]] 7.3.1,
Conditional Use and the following standards:
a. In the RE-2C zone:
i. Only a group picnic, catering and recreation facility is allowed.

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ii. The site must be a minimum of 80 acres.

iii. The maximum building height is 50 feet.
iv. Any structure or building must be set back from any lot line a minimum of 50 feet.
v. The site must have direct access to a public road that is built to primary or higher standards.
vi. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is only required for
outdoor catering and recreational facilities.
vii. Off-street parking must be sufficient to accommodate the number of
people participating in the events.
b. In the R-200 zone:
i. Only an outdoor catering facility is allowed. An enclosed food
preparation building is allowed but all catering parties must be held
under pavilions, or in the open, and may include various recreational
activities.
ii. The site must be a minimum of 80 acres.
iii. The maximum building height is 20 feet.
iv. Any structure, building, or parking area must be setback from any lot
line a minimum of 100 feet.
v. The site must have direct access to a public road that is built to primary or higher standards.
[vi. Other than a permanent food preparation building, permanent
structures are limited to open pavilions. Screening under Sec. 7.4.5 is
only required for a permanent food preparation building.]
c. In the Commercial/Residential, Employment, and Industrial zones, in
addition to screening under Division [[7.5]] 6.5 [Sec. 7.4.5], when the use
abuts a lot in any Residential zone, a solid wall or solid fence a minimum
of 6 feet in height must be constructed and maintained between the use
and the lot line.
d. Parking must be sufficient to accommodate the number of people participating in the events.

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e. The Hearing Examiner [Board of Appeals] may deny the application if it

finds the use would be inconsistent with the intent of the zone due to the
facilitys size, intensity, level of noise, traffic activity, hours of operation,
or lighting.

H. Recreation and Entertainment Facility, Major (Capacity over 1,000

Persons)
1. Defined
[[A]] Recreation and Entertainment Facility, Major (Capacity over 1,000
Persons) [is] means a structure or land for performances, cultural or sporting
events, or general public interest events that is a place of assembly for over
1,000 participants or attendees.

2. Use Standards
Where a Recreation and Entertainment Facility, Major (Capacity over 1,000
Persons) is allowed as a conditional use, it may be permitted by the Hearing
Examiner [Board of Appeals] under Section [Sec.] [[8.3.1]] 7.3.1, Conditional
Use, and the following standards:
a. In the RE-2C zone:
i. Only a group picnic, catering and recreation facility is allowed.
ii. The site must be a minimum of 80 acres.
iii. The maximum building height is 50 feet.
iv. Any structure or building must be set back from any lot line a minimum of 50 feet.
v. The site must have direct access to a public road that is built to primary or higher standards.
vi. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is only required for
outdoor catering and recreational facilities.
vii. Off-street parking must be sufficient to accommodate the number of
people participating in the events and adequately screened.
b. In the Commercial/Residential, Employment, and Industrial zones, in
addition to screening under Division [[7.5]] 6.5 [Sec. 7.4.5], when the use
abuts a lot in any Residential zone, a solid wall or solid fence a minimum

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of 6 feet in height must be constructed and maintained between the use

and the lot line.
c. If the use is outdoors, parking must be sufficient to accommodate the
number of people participating in the events.
d. The Hearing Examiner [Board of Appeals] may deny the application if it
finds the use would be inconsistent with the intent of the zone due to the
facilitys size, intensity, level of noise, traffic activity, hours of operation,
or lighting.

I. Shooting Range (Indoor)

1. Defined
[[A]] Shooting Range (Indoor) [is] means an area in a building with targets
for rifle or handgun practice.

2. Use Standard
Where a Shooting Range (Indoor) is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use.

J. Shooting Range (Outdoor)

1. Defined
[[A]] Shooting Range (Outdoor) [is] means any structure, not including a
building, or land with targets for rifle, pistol, skeet, or trap shooting practice.

2. Use Standard
Where a Shooting Range (Outdoor) is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use, and the following standards:
a. Adjacent areas are predominantly undeveloped.
b. The hours of operation are compatible with an existing uses.
c. The use is established for a maximum [period] of 3 years, but may be
renewed by the Hearing Examiner [Board of Appeals].
d. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.

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Section 3.5.11. Retail Sales and Service

A. Combination Retail
1. Defined
Combination Retail means a department or retail store that exceeds 85,000
square feet and that includes a pharmacy and a full line of groceries. Combination Retail does not include a grocery store, or a club or membership store
that charges a membership or access fee and sells primarily bulk merchandise (See Section [Sec.] 3.5.11.B, Retail/Service Establishment).

2. Use Standards
Where Combination Retail is allowed as a conditional use, it may be permitted by the Hearing Examiner under Section [Sec.] [[8.3.1]] 7.3.1,Conditional
Use, and the following standards:
a. The building must be designed in a way that reduces its scale and contributes to its visual interest. Long building walls should have projections, recessions, or other effective treatments that improve building
design.
b. Where Combination Retail is located within 1/2 mile of a Metro station
entrance and has a minimum 50,000 square [[feet]] foot footprint or a
minimum of 100,000 square feet of all gross floor area designed for a
single user it must satisfy the following standards:
i. In addition to any street-facing entrance requirement, all sides of a
building that front an abutting public right-of-way must have at least
one active entrance.
ii. Parking facilities, excluding access driveways, must be located belowgrade or in a structure behind or within the primary building.
iii. The maximum building footprint of the area designed for a single
Combination Retail use is 80,000 square feet.
iv. Additional floor area equal to at least 20% of the footprint designed
for the Combination Retail must be provided as street level retail
spaces with less than 5,000 square feet of tenant gross floor area
each. These spaces must be located at street level, and a second-

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ary entrance accessing the Combination Retail use is prohibited. At

least 50% of the additional tenant space(s) must be located along the
facade where the primary active customer entrance for the Combination Retail is located.
v. If applicable, full architectural parapets or equivalent features must
be used around the entire building to conceal rooftop mechanical
equipment.

(c) Only small-scale retail sales and personal service establishments

are permitted. Small-scale retail sales and personal service
establishments provide convenience goods and services typically
requiring frequent purchase and a minimum of travel by occupants of the nearby commercial area and adjacent residential
neighborhood.
ii. In the CRN zone:

vi. [[There must be]] Any residential floor area or office floor area [[that
is]] must be equal to or greater than the gross floor area designed
for the Combination Retail. At least 50% of the gross floor area of the
non-retail component must be located above the street level retail
footprint.

(a) If [it is abutting or confronting] the subject lot abuts or confronts

a property zoned Agricultural, Rural Residential, or Residential
Detached that is vacant or improved with an agricultural or
residential use, site plan approval is required under Section [Sec.]
[[8.3.4]] 7.3.4.

vii. Section 3.5.11.A.2.b.iii through Section 3.5.11.A.2.b.vi do not apply

if more than 75% of the gross floor area of the Combination Retail is
a cellar.

(b) A Retail/Service Establishment over 15,000 square feet of gross

floor area must be a grocery store.

B. Retail/Service Establishment
1. Defined
[[A]] Retail/Service Establishment [is] means a business providing personal
services or sale of goods to the public. Retail/Service Establishment does not
include Animal Services (see Section [Sec.] 3.5.1, Animal Services) or DriveThru (see Section [Sec.] 3.5.14.E, Drive-Thru).

2. Use Standards
a. Where a Retail/Service Establishment is allowed as a limited use, it must
satisfy the following standards:
i. In the R-10 zone:
(a) The apartment[/condo] building type must contain a minimum of
150 dwelling units, be a minimum of 60 feet in height, and be on a
site with a minimum of 5 acres.
(b) A maximum of 10% of the gross floor area of the building or 5,000
square feet, whichever is less, may be used for the Retail/Service
Establishment use.

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iii. In the CRT, GR, and NR zones, if [it is abutting or confronting] the
subject lot abuts or confronts a property zoned Agricultural, Rural
Residential, or Residential Detached that is vacant or improved with
an agricultural or residential use, site plan approval is required under
Section [Sec.] [[8.3.4]] 7.3.4.
iv. In the CRT, CR, GR, and NR zones, where a development is located
within 1/2 mile of a Metro station entrance and has a minimum
50,000 square [[feet]] foot footprint or a minimum of 100,000 square
feet of all gross floor area designed for a single user it must satisfy
the following standards:
(a) In addition to [the] any street-facing entrance requirement, all
sides of a building that front an abutting public right-of-way must
have at least one active entrance.
(b) Parking facilities, excluding access driveways, must be located
below-grade or in a structure behind or within the primary building.
(c) The maximum building footprint of the area designed for a single
Retail/Service Establishment use is 80,000 square feet.

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(d) Additional floor area equal to at least 20% of the footprint

designed for the largest Retail/Service Establishment must be
provided as street level retail spaces with less than 5,000 square
feet of tenant gross floor area each. These spaces must be located
at street level, and a secondary entrance accessing the primary
Retail/Service Establishment use is prohibited. At least 50% of
the additional tenant space(s) must be located along the facade
where the primary active customer entrance for the largest single
Retail/Service Establishment is located.
(e) If applicable, full architectural parapets or equivalent features
must be used around the entire building to conceal rooftop mechanical equipment.
(f) [[There must be]] Any residential floor area or office floor area
[[that is]] must be equal to or greater than the gross floor area
designed for the subject Retail/Service Establishment. At least
50% of the gross floor area of the non-retail component must be
located above the street level retail footprint.
(g) Section [Sec.] 3.5.11.B.2.a.iv.(c) through Section [Sec.]
3.5.11.B.2.a.iv.(f) do not apply if more than 75% of the gross floor
area of the Retail/Service Establishment is a cellar.
(h) For a project greater than 500,000 square feet of total gross
floor area, the Planning Board may approve a development
that does not satisfy Section 3.5.11.B.2.a.iv.(a) through Section
3.5.11.B.2.a.iv.(f) if it finds that the project, through an alternative
design, results in a more appropriate configuration of the site.
(i) [h.] Section [Sec.] 3.5.11.B.2.a.iv does not apply to a regional
shopping center.
v. In the EOF zone, Retail/Service Establishment is limited to a maximum of 30% of the gross floor area of development approved under
one application.
vi. In the LSC zone, if the tract is larger than 5 acres, Retail/Service
Establishment is limited to a maximum of 10% of the gross floor
area of development approved under one application. If [a] site plan

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approval is required under Section [Sec.][[8.3.4]] 7.3.4, the Planning

Board may approve a maximum of 15% of the gross floor area for
Retail/Service Establishment if the Planning Board finds that unique
circumstances are present and the area would be enhanced by additional retail activity.
vii. In the IL and IM zones, Retail/Service Establishment is limited to:
(a) building and food service supply, home design and furnishings,
wholesale or retail;
(b) computer programming and software sales and service, including
data banks, and data retrieval;
(c) wholesale trades limited to sale or rental of products intended
for industrial or commercial users; and
(d) other Retail/Service Establishment uses or a combination of Office, Retail/Service Establishment, or Restaurant uses that occupy
a maximum of [50] 35% of the [allowed gross floor area] mapped
FAR.
viii. In the IH zone, Retail/Service Establishment is limited to:
(a) building and food service supply, home design and furnishings,
wholesale or retail;
(b) computer programming and software sales and service, including
data banks, and data retrieval; and
(c) wholesale trades limited to sale or rental of products intended
for industrial or commercial users.
b. Where a Retail/ Service Establishment is allowed as a conditional
use, it may be permitted by the Hearing Examiner [Board of Appeals]
under Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following
standard[s]:
i. The building must be designed in a way that reduces [the building's]
its scale and contributes to its visual interest. Long building walls
should have projections, [or] recessions, or other effective treatments that improve building design.

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[ii. Parking areas must provide safe, convenient, and efficient access,
and be landscaped to define vehicular drives and pedestrian areas.
iii. The site must have direct vehicular access to an existing arterial or
major highway and the streets and roads adjoining the site must
be adequate to accommodate the increased traffic generated. The
applicant must provide a traffic impact study to demonstrate that
acceptable peak hour levels of service will result after taking into account existing and programmed roads, and any improvements to be
provided by the applicant.
iv. Product displays, parked vehicles and other obstructions that adversely affect visibility at intersections or at entrances and exits to
and from the site are prohibited.]

C. Rural Antique Shop

1. Defined
[[A]] Rural Antique Shop [is] means the sale in a rural or residential area of
items belonging to, made in, or typical of an earlier period.

2. Use Standards
Where a Rural Antique Shop is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use, and the following standards:
a. The shop must be located in an existing building or part of an existing
building.
b. The original character of the building must be maintained.
c. The structure must be 5 or more years old.
d. If the property is located in the R-200 zone, it must abut land in the AR
zone.
e. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.

D. Rural Country Market

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

2. Use Standards
Where a Rural Country Market is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use, and the following standards:
a. The minimum tract area is 2 acres.
b. The maximum height is 20 feet, unless located in an existing building.
c. The minimum setback from the street and from any side or rear lot line
is 50 feet, except that the minimum setback from the street may be
reduced to 25 feet if the Hearing Examiner [Board of Appeals] finds that
the smaller setback would be compatible with surrounding uses. The
Hearing Examiner [Board of Appeals] may approve the use of an existing
structure that does not meet these requirements if the [[Board]] Hearing
Examiner finds that the use is suitable and compatible with the surrounding area.

Section 3.5.12. Vehicle/Equipment Sales and Rental

A. Heavy Vehicle Sales and Rental
1. Defined
Heavy Vehicle Sales and Rental [is] means the sales, rental, or leasing of
heavy equipment, manufactured homes, and commercial vehicles, including

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18-wheelers, commercial box trucks, high-lifts, and construction and heavy

earth-moving equipment.

2. Use Standards
Where Heavy Vehicle Sales and Rental is allowed as a limited use, it must
satisfy the following standards:
a. Vehicles must be stored or parked only on a surfaced parking area that
is constructed of material resistant to erosion, is adequately treated to
prevent dust emission, and is surrounded by a raised curb. The parking
and storage area must be set back a minimum of 15 feet from any rightof-way, 30 feet from any lot line abutting land in a Residential zone, and 3
feet from any other lot line.
b. A minimum of 20 feet between access driveways on each street is required, and all driveways must be perpendicular to the curb or street line.
c. On a corner lot, the access driveway must be located a minimum of 20
feet from the intersection of the [front and side street] rights-of-way,
and is a maximum of 30 feet in width.
d. Product displays, parked vehicles and other obstructions, which would
adversely affect visibility at intersections or to driveways are prohibited.

B. Light Vehicle Sales and Rental (Indoor)

1. Defined
Light Vehicle Sales and Rental (Indoor) [is] means a building for the indoor
sales, rental, or leasing of light equipment and vehicles, including vehicles
for hauling and moving. Light Vehicle Sales and Rental (Indoor) includes the
[minor] repair of vehicles and equipment for sale, rent, or lease as an incidental use if conducted indoors. Light Vehicle Sales and Rental (Indoor) includes
indoor storage of vehicles for sale, and an accessory car wash for vehicles
and equipment for sale, rent, or lease.

2. Use Standards
Where Light Vehicle Sales and Rental (Indoor) is allowed as a limited use, [if
it is abutting or confronting] and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential Detached that is

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vacant or improved with an agricultural or residential use, it must satisfy the

following standards:
a. Access to the site from a street with a residential classification is prohibited.
b. Site plan approval is required under Section [Sec.][[8.3.4]] 7.3.4.

C. Light Vehicle Sales and Rental (Outdoor)

1. Defined
Light Vehicle Sales and Rental (Outdoor) [is] means the [outdoor] sales, rental, or leasing of light equipment and vehicles, including vehicles for hauling
and moving, outside of a building. Light Vehicle Sales and Rental (Outdoor)
includes the [minor] repair of vehicles and equipment for sale, rent, or lease
as an incidental use if conducted indoors. Light Vehicle Sales and Rental
(Outdoor) includes outdoor storage of vehicles for sale, and an accessory car
wash for vehicles and equipment for sale, rent, or lease.

2. Use Standards
a. Where Light Vehicle Sales and Rental (Outdoor) is allowed as a limited
use, [if it is abutting or confronting] and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential
Detached that is vacant or improved with an agricultural or residential
use, it must satisfy the following standards:
i. Access to the site from a street with a residential classification is
prohibited.
ii. Vehicles must be stored or parked only on a hard surface that is
constructed of material resistant to erosion, is adequately treated
to prevent dust emission, and is surrounded by a raised curb. The
parking and storage area must be set back 15 feet from any right-ofway, 15 feet from any lot line abutting land in an Agricultural, Rural
Residential, or Residential Detached zone, and 3 feet from any other
lot line.
iii. There must be a minimum of 20 feet between access driveways [on
each street], and all driveways must be perpendicular to the curb or
street line.
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iv. When such use occupies a corner lot, an access driveway is prohibited
within 20 feet from the intersection of the [front and side street]
rights-of-way, and cannot exceed 30 feet in width.

i. When a Car Wash occupies a corner lot, [the ingress or egress] driveways [are] must be located a minimum of 20 feet from the intersection of the rights-of-way. [front and side street lines of the lot.]

v. Product displays, parked vehicles, and other obstructions, which

would adversely affect visibility at intersections or to driveways, are
prohibited.

ii. Obstructions which adversely affect visibility at intersections or to

the Car Wash driveways are prohibited.

vi. In the CRT zone, site plan approval is required under Section [Sec.]
[[8.3.4]] 7.3.4.

iv. Vehicle stacking space must be equivalent to 5 times the vehicle

capacity of the automatic car wash or 3 times the vehicle capacity of
the manual car wash bays.

b. Where Light Vehicle Sales and Rental (Outdoor) is allowed as a conditional use, it may be permitted by the Hearing Examiner under all applicable
limited use standards, and Section [[8.3.1]] 7.3.1, Conditional Use.

Section 3.5.13. Vehicle Service

A. Automobile Storage Lot
1. Defined
[[An]] Automobile Storage Lot [is] means the storage of automobiles in connection with a towing operation. Automobile Storage Lot does not include
the storage of junked cars.

2. Use Standards
Where an Automobile Storage Lot is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use.

B. Car Wash
1. Defined
[[A]] Car Wash [is] means any structure or land with mechanical or handoperated facilities used for cleaning, washing, polishing, or waxing of motor
vehicles.

2. Use Standards
a. Where a Car Wash is allowed as a limited use, it must satisfy the following standards:

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iii. All driveways must be perpendicular to the curb or street line.

v. [Demonstrate] The applicant must demonstrate that the vehicles using the Car Wash will not queue off-site.
vi. Where [abutting or confronting] the subject lot abuts or confronts a
property zoned Residential that is vacant or improved with a residential use:
(a) All buildings must be set back a minimum of 100 feet from the
abutting residential lot line; and
(b) All parking and drive aisles for vehicles must be set back a minimum of 50 feet from the abutting residential lot line.
b. Where a Car Wash is allowed as a conditional use, it may be permitted by
the Hearing Examiner [Board of Appeals] under all limited use standards
and Section [Sec.][[8.3.1]] 7.3.1,, Conditional Use.

C. Filling Station
1. Defined
[[A]] Filling Station [is] means a facility used primarily to dispense motor
vehicle fuels [to the consumer] or otherwise provide energy to a consumers
vehicle by any technology. Filling Station includes minor repair services as
an accessory use and an accessory car wash where mechanical or handoperated facilities used for the cleaning, washing, polishing, or waxing of
motor vehicles are limited to 2 bays. Filling Station does not include storage
or parking offered for rent, except for car-share space.

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2. Use Standards
Where Filling Station is allowed as a conditional use, it may be permitted by
the Hearing Examiner [Board of Appeals] under Section [Sec.] [[8.3.1]] 7.3.1,
Conditional Use, and the following standards:
[a. The minimum site is 20,000 square feet.]
a. [b.] Access to the site from a street with a residential classification is
prohibited if:
i. it is the only access to the Filling Station, or
ii. it is the primary entrance to a Filling Station with more than 1 entrance.
The Hearing Examiner may allow a Filling Station with access on a residential street as a secondary entrance if it finds that the access will not
have an adverse impact on neighboring residential houses.
b. [c.] Site lighting is a maximum of 0.1 footcandles at the lot line when the
subject lot abuts [abutting] a Residential [Detached] zone. Site lighting is
a maximum of 0.5 footcandles at the lot line when the subject lot abuts
[abutting] all other zones.
c. [d.] Any Filling Station facility designed to dispense a minimum of 3.6
million gallons per year must be located at least 300 feet from the lot line
of any public or private school, or any park, playground, day care center,
or any outdoor use categorized as a civic and institutional use or a Recreation and Entertainment use.
d. [e.] Product displays, parked vehicles, and other obstructions that
adversely affect visibility at intersections or to station driveways are
prohibited.
e. [f.] When such use occupies a corner lot, the [ingress or egress] driveways must be located a minimum of 20 feet from the intersection of the
rights-of-way and must not exceed 30 feet in width.
f. [g.] Each gasoline pump or other service appliance must be located on
the lot a minimum of 10 feet behind the setback line; and all service, storage, or similar activities in connection with the use must be conducted
entirely within the building, except for car-share space.

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g. [h.] There must be a minimum of 20 feet between driveways on each

street, and each driveway must be perpendicular to the curb or street
line. The Hearing Examiner [Board of Appeals] may waive the perpendicular driveway requirement if the Department of Transportation deems
the alternative safe.
h. [i.] Vehicle parking that overhangs the public right-of-way is prohibited.
i. [j.] If the Filling Station facility includes a car wash, it must:
i. provide vehicle stacking space equivalent to 5 times the vehicle capacity of the automatic car wash and 3 times the vehicle capacity of
the manual car wash bays [must be provided]; and
ii. demonstrate that the vehicles using the car wash will not queue offsite.
j. The Hearing Examiner must find there is adequate parking for all accessory uses.

D. Repair (Commercial Vehicle)

Defined
Repair (Commercial Vehicle) [is] means the repair, service, or accessory installation for aircraft or commercial vehicles, including box trucks, 18-wheelers, and
construction and other heavy equipment. Repair (Commercial Vehicle) includes
the sale of fuel for aircraft.

E. Repair (Major)
1. Defined
Repair (Major) [is] means an establishment where general vehicle repair
and service is conducted, including engine and transmission replacement
or rebuild, body, and paint shops. Repair (Major) does not include repair or
services for commercial vehicles or heavy equipment (see Section [Sec.]
3.5.13.D, Repair (Commercial Vehicle)).

2. Use Standards
a. Where Repair (Major) is allowed as a limited use, [if it is abutting or
confronting] and the subject lot abuts or confronts a property zoned

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Residential that is vacant or improved with a residential use, it is subject

the following standards:

iv. Access to the site from a street with a residential classification is

prohibited.

i. All buildings must be set back a minimum of 100 feet from the abutting residential lot line.

v. [Additionally, in] In the CRT zone, site plan approval is required under
Section [Sec.][[8.3.4]] 7.3.4.

ii. All parking and storage for vehicles must be set back a minimum of
50 feet from the abutting residential lot line.
iii. The minimum site is 20,000 square feet if not fully contained in a
structure.
iv. Access to the site from a street with a residential classification is
prohibited.
b. Where Repair (Major) is allowed as a conditional use, it may be permitted by the Hearing Examiner [Board of Appeals] under all limited use
standards and Section [Sec.][[8.3.1]] 7.3.1, Conditional Use.

F. Repair (Minor)
1. Defined
Repair (Minor) [is] means an establishment where minor vehicle repair and
service is conducted, including audio and alarm installation, custom accessories, quick lubrication facilities, scratch and dent repair, bed-liner installation,
tires, brakes, mufflers, and glass repair or replacement. Repair (Minor) does
not include repair or services for commercial vehicles or heavy equipment
(see Section [Sec.] 3.5.13.D, Repair (Commercial Vehicle)).

2. Use Standards
a. Where Repair (Minor) is allowed as a limited use, [if it is abutting or confronting] and the subject lot abuts or confronts a property zoned Agricultural, Rural Residential, or Residential that is vacant or improved with an
agricultural or residential use, it must satisfy the following standards:
i. All buildings must be set back a minimum of 50 feet from the abutting residential lot line.
ii. All parking and storage for vehicles must be set back a minimum of
25 feet from the abutting residential lot line.

b. Where Repair (Minor) is allowed as a conditional use, it may be permitted

by the Hearing Examiner [Board of Appeals] under all applicable limited
use standards, Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:
In the NR zone:
i. This use must be conducted entirely within a building containing a
maximum of 3 service bays.
ii. Product displays, parked vehicles, and other obstructions that
adversely affect visibility at intersections or to station driveways are
prohibited.
iii. When a Repair (Minor) use occupies a corner lot, the [ingress or
egress] driveways must be located a minimum of 20 feet from the intersection of the rights-of-way and must not exceed 30 feet in width.
iv. There must be a minimum of 20 feet between driveways [on each
street], and each driveway must be perpendicular to the curb or
street line. The Hearing Examiner [Board of Appeals] may waive the
perpendicular driveway requirement if the Department of Transportation deems the alternative safe.
v. Vehicle parking that overhangs the public right-of-way is prohibited.

Section 3.5.14. Accessory Commercial Uses

A. Amateur Radio Facility (Up to 65 Feet in Height)
Defined
[[An]] Amateur Radio Facility (Up to 65 Feet in Height) [is] means any structure
used for personal, noncommercial radio communications licensed by the Federal
Communications Commission up to 65 feet in height.

iii. The minimum site is 20,000 square feet.

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B. Amateur Radio Facility (Over 65 Feet in Height)

1. Defined
[[An]] Amateur Radio Facility (Over 65 Feet in Height) [is] means any structure used for personal, non-commercial radio communications licensed by
the Federal Communications Commission over 65 feet in height.

2. Use Standards
Where an Amateur Radio Facility (Over 65 Feet in Height) is allowed, it may
be permitted by the Hearing Examiner [Board of Appeals] under Section
[Sec.][[8.3.1]] 7.3.1, Conditional Use and the following standards:
a. The applicant must demonstrate that the additional height is the minimum needed to engage in radio communications under a license issued
by the Federal Communications Commission.
b. Screening under Division [[7.5]] 6.5 [Sec. 7.4.5] is not required.

C. Antenna on Existing Structure

1. Defined
[[An]] Antenna on Existing Structure [is] means one or more antennas attached to an existing support structure, such as a building, a transmission
tower, a monopole, a light pole, a water tank, a silo, a barn, or an overhead
transmission line support structure. Antenna on Existing Structure includes
related equipment.

2. Use Standards
Where an Antenna on Existing Structure is allowed as a limited use, it must
satisfy the following standards:
a. Antennas are limited to the following types and dimensions:
i. omni-directional (whip) antennas with a maximum height of 15 feet
and a maximum diameter of 3 inches ;
ii. directional or panel antennas with a maximum height of 8 feet and a
maximum width of 2 feet; and
iii. satellite or microwave dish antennas with a maximum diameter of 8
feet.

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b. Signs or illumination on the antennas or support structure are prohibited

unless required by the Federal Communications Commission, the Federal
Aviation Administration, or the County.
c. Associated equipment must be located in an unmanned building, equipment cabinet, or equipment room in an existing building. An equipment
building must satisfy the following standards:
i. It is a maximum of 560 square feet in area; however, a single equipment building in excess of 560 square feet, located at ground level,
may be used if:
(a) the overall maximum square footage is 1,500 square feet and the
maximum height is 12 feet;
(b) the building is used for more than one telecommunication provider operating from the same monopole or tower; and
(c) the building is reviewed by the Telecommunications Transmission
Facility Coordinating Group under Chapter 2 (Section 2-58E).
ii. It is a maximum of 12 feet in height if located on the ground or 14
feet in height for a rooftop structure, including the support structure
for the equipment building.[; however, a single equipment building in
excess of 560 square feet, located at ground level, may be used if:
(a) the overall maximum square footage is 1,500 square feet and the
maximum height is 12 feet;
(b) the building is used for more than one telecommunication provider operating from the same monopole or tower; and
(c) the building is reviewed by the Telecommunications Transmission
Facility Coordinating Group under Chapter 2 (Sec. 2-58E).]
iii. If the equipment building or cabinet is at ground level in a Residential
zone, or the nearest abutting property is in a Residential zone, the
building or cabinet must be faced with brick or other compatible material on all sides and surrounded by landscaping providing a screen
of at least 3 feet in height.
d. When mounted on a rooftop or structure located on privately owned
land, the antenna must meet the following standards:

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i. An antenna is prohibited:
(a) on any detached house or duplex building type or an accessory
structure associated with either building type; and
(b) in any scenic setback indicated in a master plan.
ii. An antenna and a related unmanned equipment building or cabinet
may be installed on a rooftop if a building is a minimum height of:
(a) 50 feet in any Residential Detached zone; or
(b) 30 feet in any Residential Multi-Unit, Commercial/Residential,
Employment, or Industrial zone.
iii. An antenna may be mounted on the facade of a building at a minimum height of:
(a) 50 feet in a Residential Detached zone; or
(b) 30 feet in any Residential Multi-Unit, Commercial/Residential,
Employment, and Industrial zone.
iv. The antenna must not be attached to the support structure for:
(a) an antenna that is part of an Amateur Radio Facility licensed by
the Federal Communications Commission; or
(b) an antenna to receive television imaging in the home.

D. Commercial Kitchen
1. Defined
[[A]] Commercial Kitchen [is] means a part of a building that is accessory
to Religious Assembly (Section [Sec.] 3.4.10) or Public Use (Except Utilities)
(Section [Sec.] 3.4.9) and satisfies the requirements of Chapter 15 for the
preparation of food that could be sold to the public.

2. Use Standards
Where a Commercial Kitchen is allowed as a limited use, it must satisfy the
following standards:
a. The Commercial Kitchen must occupy less than 5% of the floor area of
the building in which it is located.

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b. The Commercial Kitchen cannot be used as part of an on-site Eating and

Drinking establishment (Section [Sec.] 3.5.3).
c. A minimum of one parking space, on-site or off-site, per kitchen user is
required.
d. The Commercial Kitchen can be used for the preparation of food for public consumption off-site only between the hours of 6:00 a.m. to 9:00 p.m.
weekdays and 8:00 a.m. to 9:00 p.m. weekends.

E. Drive-Thru
1. Defined
[[A]] Drive-Thru [is] means a facility where the customer is served while
sitting in a vehicle. Drive-Thru includes drive-thru restaurants, banks, and
pharmacies, but does not include Filling Station (see Section [Sec.] 3.5.13.C,
Filling Station).

2. Use Standards
a. Where a Drive-Thru is allowed as a limited use, it must satisfy the following standards:
i. A Drive-Thru, including the queuing area, must be located a minimum of 100 feet from any property that is vacant or improved with
a residential use in the Agricultural, Rural Residential, or Residential
Detached zones.
ii. For a Restaurant with a Drive-Thru, access to the site from a street
with a residential classification is prohibited.
iii. [b.] A drive-thru service window, drive aisle, or queuing area located
between the street and the front main wall of the main building is
prohibited.
iv. [c.]A drive-thru service window, drive aisle, or stacking area may be
located between the street and the side wall of the main building on
a corner lot if permanently screened from any street by a minimum
[[5]] 3 foot high wall or fence.
v. [d.]Site plan approval is required under Section [Sec.][[8.3.4]] 7.3.4.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

vi. A conditional use application for a Drive-Thru may be filed with

the Hearing Examiner if the limited use standards under Section
3.5.14.E.2.a.i through Section 3.5.14.E.2.a.iv cannot be met.
b. Where a Drive-Thru is allowed as a conditional use, it may be permitted
by the Hearing Examiner under Section 7.3.1, Conditional Use, and the
following standards:
i. The use at the proposed location will not create a traffic hazard or
traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads
and intersections, or its location in relation to other buildings or proposed buildings on or near the site and the traffic patterns from such
buildings or cause frequent turning movements across sidewalks and
pedestrian ways, thereby disrupting pedestrian circulation within a
concentration of retail activity.
ii. The use of the proposed location will not preempt frontage on any
highway or public road in a way that reduces the visibility and accessibility of an interior commercial area zoned or proposed for commercial use that is oriented to the same highway or public road.
iii. Product displays, parked vehicles, and other obstructions that adversely affect visibility at intersections, or at entrances and exits to
and from the Drive-Thru are prohibited.
iv. When a Drive-Thru occupies a corner lot, the ingress or egress driveways must be located a minimum of 20 feet from the intersection
of the rights-of-way, and such driveways must not exceed 25 feet in
width. In areas where no master plan of highways has been adopted,
the street line must be considered to be a minimum of 60 feet from
the centerline of any abutting street or highway.

F. Helistop
1. Defined
[[A]] Helistop [is] means a designated area, either at ground level or elevated
on a structure, used for the landing and takeoff of helicopters. Helistop
includes a small fuel tank for a ground level facility and minor support facili-

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ties such as a small sheltered waiting or loading area, a small administrative

office, and one permanent tie-down space. Helistop does not include major
support facilities (see Section [Sec.] 3.6.6.B, Helipad, Heliport).

2. Use Standards
Where a Helistop is allowed as a conditional use, it may be permitted by
the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]] 7.3.1,
Conditional Use.

G. Lawn Maintenance Service

1. Defined
[[A]] Lawn Maintenance Service means a home-based business of cutting
grass, raking leaves, snow removal, and other activities associated with
maintaining a yard. Lawn Maintenance Service does not include Landscape
Contractor (see Section 3.5.5, Landscape Contractor).

2. Use Standards
Where a Lawn Maintenance Service is allowed as a limited use, it must satisfy the following standards:
a. The Lawn Maintenance Service must satisfy the use standards for all
Home Occupations under Section 3.3.3.H.2, the use standards for a
Home Occupation (Low Impact) under Section 3.3.3.H.4.b, and the registration requirements under Section 3.3.3.H.4.c.
b. The loading and unloading of tools and equipment from not more than 2
single axle trailers or trucks is allowed.
c. Equipment or facilities are limited to lawn maintenance service equipment.

H. Live/Work Unit
Defined
Live/Work Unit means a building, or a space within a building, that combines
space for a commercial or manufacturing activity that is allowed in the zone with
a dwelling unit for the owner of the commercial or manufacturing business, or
the owners employee, and that persons household.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Section 3.5.15. Temporary Commercial Uses

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

2. Use Standards
Where a Construction Administration or Sales Office is allowed as a limited
use, it must satisfy the following standards:
a. A temporary use permit and an use-and-occupancy permit are required.
b. The use is limited to the construction, development, or sale of buildings
or structures within the same site or subdivision.
c. The use is allowed only for the duration of construction and sale of a
project.
d. A temporary outdoor storage yard for construction equipment or building materials and supplies that is located within 300 feet of any occupied
residentially developed property and is to be maintained in the same
general location for a minimum of one year must be effectively screened
from the residential development by natural features or a solid fence
with a maximum height of 6.5 feet.
e. A Construction Administration or Sales Office, including any associated
trailer, building, or portable toilet, that is located within 100 feet of an
occupied residentially developed property:
i. must be landscaped and maintained; and
ii. may be approved for a maximum of one year. Extensions may be
approved by DPS for additional one year periods. If a public hearing
is held on the extension, the applicant must demonstrate to DPS that
a more appropriate location for such use, farther removed from the
residential development, does not exist on the site. This finding will
not be required if the extension requested does not exceed 6 months.
f. Any Construction Administration or Sales Office, including an outside
storage area, located a minimum of 100 feet from an occupied residen-

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tially developed property may be approved for a maximum of 3 years.

Extensions may be approved by DPS for additional 2 year periods.
g. The procedure to request an extension of a temporary use-and-occupancy permit for a Construction Administration or Sales Office is as follows:
i. The request must be filed with DPS.
ii. The applicant must demonstrate compliance with the landscaping
and screening requirements of the original approval.
iii. If the use moves more than 200 feet from the originally approved
location, then the applicant must apply for a new temporary use-andoccupancy permit.
iv. The applicant must provide notice by certified mail to all owners of
property that adjoin such use stating that an extension has been requested and that the owners, if they wish to comment, must submit
their comments concerning the extension to DPS within 20 days.
v. If any abutting property owner opposes continuance of the use, DPS
must hold a public hearing before making a decision on the requested extension. A notice of such public hearing must be sent to all
abutting property owners.
vi. DPS must decide on the extension within 5 days of the closing of the
hearing record. In approving an extension, DPS may add additional
reasonable conditions to the use-and-occupancy permit. DPS may
deny an extension, with reasons for the denial stated in writing.

B. Special Event Parking

1. Defined
Special Event Parking [is] means off-street parking of [automobiles] motor
vehicles in connection with a sporting or cultural event.

2. Use Standards
Where Special Event Parking is allowed as a limited use, it must satisfy the
following standards:
a. The use is limited to one event a year for a maximum of 10 days.

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b. A written permit authorizing such parking must be obtained from DPS a

minimum of 10 days before the event.
c. DPS is authorized to impose a reasonable fee and other requirements on
the permittee to assure that the parking is safe and free from hazard, and
the community interest and welfare are protected.

C. Transitory Use
1. Defined
[[A]] Transitory Use [is] means a use on private property or the public rightof-way conducted from a vehicle or from a movable structure that remains
in the same location for less than 24 hours. Transitory Use includes a food
service truck.

2. Use Standards
Where a Transitory Use is allowed as a limited use, it must satisfy the following standards:
a. A Transitory Use must be registered under Chapter 47.
b. A Transitory Use may be located in the public right-of-way where it satisfies Chapter 47.
c. A Transitory Use may be allowed on private property only if it would be
allowed as a permanent use in the applicable zone under Section [Sec.]
3.1.6.
d. A Transitory Use is prohibited on any portion of the open space required
by the zone in which the property is located.
e. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 3.6. Industrial Uses

Section 3.6.1. Animal Research Facility

B. Dry Cleaning Facility (Over 3,000 SF)

Defined

Defined

[[An]] Animal Research Facility [is] means any structure or land for the use of [nonhuman] animals in scientific experimentation.

[[A]] Dry Cleaning Facility (Over 3,000 SF) [is] means [an establishment] a building or part of a building over 3,000 square feet of gross floor area used for the
mechanical cleaning of garments, articles, or goods of fabric. Dry Cleaning Facility (Over 3,000 SF) includes a linen, diaper, or uniform laundering service and
may perform work on the premises for other dry cleaning and laundry services
and serve retail customers.

Section 3.6.2. Contractor Storage Yard

A. Defined
[[A]] Contractor Storage Yard [is] means a parcel or lot for storing [an outdoor
storage yard for] construction equipment or building materials and supplies.

B. Use Standards
Where a Contractor Storage Yard is allowed as a limited use, [if it is abutting or
confronting] and the subject parcel or lot abuts or confronts a property zoned
Residential Detached that is vacant or improved with a residential use, it must
satisfy the following standards:
1. The minimum site is 20,000 square feet.
2. Access to the site from a street with a residential classification is prohibited.

Section 3.6.3. Dry Cleaning Facility

A. Dry Cleaning Facility (Up to 3,000 SF)
1. Defined
[[A]] Dry Cleaning Facility (Up to 3,000 SF) [is] means [an establishment] a
building or part of a building up to 3,000 square feet of gross floor area used
for the mechanical cleaning of garments, articles, or goods of fabric for retail
customers. Dry Cleaning Facility (Up to 3,000 SF) does not include a laundromat or dry cleaning and laundry pick-up station, (see Section 3.5.11.B [Sec.
3.5.11.A], Retail/Service Establishment).

2. Use Standards
Where a Dry Cleaning Facility (Up to 3,000 SF) is allowed as a limited use,
work for other similar dry cleaning or laundering establishments is prohibited.

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Section 3.6.4. Manufacturing and Production

A. Artisan Manufacturing and Production
Defined
Artisan Manufacturing and Production [is] means a structure used for the manufacture and production of commercial goods by a manual worker or craftsperson, such as jewelry, metalwork, cabinetry, stained glass, textiles, ceramics,
or hand-made food products. Artisan Manufacturing and Production does not
include any activity that causes noise, odor, or vibration to be detectable on a
neighboring property.

B. Heavy Manufacturing and Production

Defined
Heavy Manufacturing and Production [is] means a building used for the processing, manufacturing, or compounding of materials or products predominately
from raw materials, which may include the storage of large volumes of highly
flammable, toxic matter or explosives, and may involve outdoor operations
as part of their manufacturing process. Heavy manufacturing processes have
greater than average impacts on the environment or significant impacts on the
use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors,
glare, or health and safety hazards. Heavy Manufacturing and Production does
not include arsenals; blast furnaces; boiler works; distillation of bones; dumps;
fat rendering; forge plants; incinerators, except when operated or licensed by a
duly authorized public agency; ore reduction; packing houses, including meat
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canning or curing houses; petroleum refining, or storage in more than tank car
lots; rolling mills; smelting; tanning, curing or dyeing of leather, rawhides or
skins, or storage of skins; and wool pulling or scouring. Heavy Manufacturing
and Production also does not include acetylene; ammonia, bleaching powder,
chlorine; asphalt; celluloid or pyroxylin (or treatment of celluloid or pyroxylin);
disinfectants; emery cloth or sandpaper; explosives, fireworks or gunpowder;
fertilizers; gas for illumination or heating; glue, size, or gelatin; insecticides;
lampblack; leather goods; linoleum; matches; mortar, lime, plaster, cement,
gypsum; oil cloth or oiled products; paint, oil, shellac, turpentine or varnish employing a boiling or rendering process; potash; rubber or products made [therefrom] from rubber; soap; shoeblacking or polish; soda or soda compound; acids
or other corrosive or offensive substances; tar or tar roofing or water proofing or
other tar products or distillation [[thereof]] of tar; and yeast, except as part of
medical and biotechnical research and development.

C. Light Manufacturing and Production

1. Defined
Light Manufacturing and Production [is] means a building used for the
manufacturing of finished products or parts including processing, fabrication, assembly, treatment, and packaging of such products and parts, and
incidental storage, sales, and distribution, where all manufacturing processes and noise, odor, smoke, heat, glare and vibration resulting from the
manufacturing processes are contained entirely within a building.

2. Use Standards
Where Light Manufacturing and Production is allowed as a limited use, [if it
is abutting or confronting] and the subject lot abuts or confronts a property
zoned Agricultural, Rural Residential, or Residential Detached that is vacant
or improved with an agricultural or residential use, site plan approval is
required under Section [Sec.][[8.3.4]] 7.3.4.

D. Medical/Scientific Manufacturing and Production

1. Defined
Medical/Scientific Manufacturing and Production [is] means a building used
for the manufacturing, compounding, processing, assembly, or packaging,

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including incidental storage, sales, and distribution, of cosmetics, drugs, perfumes, pharmaceuticals, toiletries, synthetic molecules, products resulting
from biotechnical and biogenetic research and medical, scientific, or technical instruments, devices, and equipment.

2. Use Standards
Where Medical/Scientific Manufacturing and Production is allowed as a
limited use, [if it is abutting or confronting] and the subject lot abuts or
confronts a property zoned Agricultural, Rural Residential, or Residential
Detached that is vacant or improved with an agricultural or residential use,
site plan approval is required under Section [Sec.][[8.3.4]] 7.3.4.

Section 3.6.5. Mining, Excavation

A. Defined
Mining, Excavation [is] means any use that extracts minerals and other natural
resources from land. Mining, Excavation includes borrow pit and gravel mining.

B. Use Standards
1. Where Mining, Excavation is allowed as a limited use, it must satisfy the following standards:
a. It must be recommended as appropriate in the applicable master plan,
be in existence before 1958, and have a maximum of 4,000 square feet of
enclosed structures in the aggregate; and
b. It includes the extraction, processing, storage and sale of mineral
resources and products (which may include incidental sales of mineral
resources not extracted on the premises), and accessory uses such as a
storage yard, a facility for the maintenance and repair of equipment, a
loading facility, crushing, mixing, washing and screening of stone quarried on-site, stone works for the cutting and polishing of dimensional
stone, and sale of equipment and building supplies associated with the
installation of mineral products.
c. Mining, Excavation that is recommended as appropriate in the applicable
master plan, is in existence before 1958, and has a minimum of 4,000
square feet up to a maximum of 7,500 square feet, in the aggregate of
enclosed structures requires conditional use approval under Section
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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

[Sec.][[8.3.1]] 7.3.1. The conditional use standards in Section [Sec.]

3.6.5.B.2 do not apply.
2. Where Mining, Excavation is allowed as a conditional use, it may be allowed
by the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]]
7.3.1, Conditional Use, and the following standards:
a. The lot area has been determined by the sum of the area to be extracted
plus that area required to meet the minimum setback standards, or the
area required to meet the performance standards of the zone, whichever
is greater; however, the minimum lot area is 10 acres.
b. A maximum of 10% of the lot is covered by buildings, including accessory
buildings.
c. All quarries, pits, open mines, processing plants, screening, sorting, storage, stoneworks, stone cutting, stone polishing, loading, batching, mixing, maintenance, service and repair equipment, facilities and structures
will be set back from property lines an amount sufficient to achieve the
performance standards established by the Hearing Examiner [Board of
Appeals].
d. Access to a public road must be available.
e. The maximum height of a building or structure is 90 feet above the natural grade of the portion of the site upon which the building or structure
is situated,but facilities for rail loading abutting the right-of-way of a
railroad are permitted to extend to a height of 25 feet above the grade of
the railroad at the property line abutting the railroad right-of-way.
f. A minimum of 25% of the lot area designated for mining and excavation
will be maintained in open space, including required buffer areas, landscaped or planted berms, forested areas, or areas devoted to agriculture.
g. Access roads, security patrol roads, railroad sidings, identifications,
directional and safety warning signs, security fences and acoustical or
visual screens, berms, or walls are permitted within the setback area.
h. The use is valid for a maximum of 3 years, and the use may be renewed
by the Hearing Examiner [Board of Appeals].
i. In the AR zone, this use may be prohibited under Section [Sec.] 3.1.5,
Transferable Development Rights.
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Section 3.6.6. Transportation

A. Bus, Rail Terminal/Station
1. Defined
[[A]] Bus, Rail Terminal/Station [is] means any structure and land used for
bus and train arrivals and departures. Bus, Rail Terminal/Station does not
include bus or train maintenance (see Section [Sec.] 3.5.13.D, Repair (Commercial Vehicle)).

2. Use Standards
Where a Bus, Rail Terminal/Station is allowed as a limited use, bus or train
storage is prohibited.

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

2. Use Standards
Where a Helipad, Heliport is allowed as a conditional use, it may be permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]]
7.3.1, Conditional Use, and the following standards:
a. All applications for Helipad, Heliport must provide noise analysis sufficient to make a finding of noise compatibility around the facility (the primary impact area) and along and under the principal access routes (the
secondary impact area). The primary impact area includes the rotorcraft
facility and the area within a 4,000[[-]] foot radius from the helipad. The
secondary impact area includes all areas in the County along and under
the principal access routes to the rotorcraft facility excluding the primary
impact area.
b. The Helipad, Heliport noise analysis must include a description of detailed operational procedures that would minimize noise levels affecting

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sensitive land uses in both the primary and secondary impact areas (fly
neighborly procedures). Based on use of these procedures and worstday noise scenario with peak usage of the facility, projected rotorcraft
noise level (in terms of day-night average sound level or DNL) must be
developed using models approved by the Federal Aviation Administration (see FAA Advisory Circular 150/5020-2). This worst-day operational
scenario becomes the maximum allowable limit for the type, weight, and
noise characteristics of the rotorcraft proposed to use the facility; proposed number of operations; and approximate time of day that landings
and departures could occur.
c. Rotorcraft operations are noise compatible if ambient DNL noise levels
at noise sensitive areas with rotorcraft operations (post-rotorcraft ambient noise levels) exceed pre-rotorcraft ambient DNL levels by one decibel
or less. If rotorcraft operations already exist in the vicinity, the cumulative impact of all operations must be calculated to determine compliance.
d. Instead of monitoring ambient conditions, the following noise-compatible land use planning goals for various land use types and densities must
be used, as shown in the following table:
i. Maximum Compatible Sound Levels
Approximate Density
Residential

Day/Night Average Sound Level (DNL) in

A-Weighted Decibels

Less than or equal to 1 unit

per acre

55 dBA

2 units to 15 units per acre

60 dBA

Multi-unit and high rise

65 dBA

ii. Based on this table and the compatibility standard of allowing only a
one-decibel increase in the ambient levels, the following table designates maximum rotorcraft sound levels:

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Maximum Rotorcraft Sound Levels

Approximate Density
Residential

Day/Night Average Sound Level (DNL) in

A-Weighted Decibels

Less than or equal to 1 unit

per acre

49 dBA

2 units to 15 units per acre

54 dBA

Multi-unit and high rise

59 dBA

iii. Where ambient noise levels significantly differ from those in the
Maximum Compatible Sound Levels table, measurements or modeling may be performed to establish compatibility standards appropriate to the ambient environment. Office, commercial, and industrial
land uses will not be reviewed for noise impacts with the following
2 exceptions: (1) situations where it appears likely that workers will
be subjected to noise levels in excess of LEQ1 = 75 dBA for an 8-hour
period; (2) in CBD or Transit Station areas, where amenity spaces are
provided, if it appears that noise impacts may be of such magnitude
as to significantly reduce the usefulness or inhibit the proper function of these spaces for their intended purpose. In addition to the
cumulative noise standards, the Hearing Examiner [Board of Appeals]
may designate additional conditions for use in the public interest
which may include, but not be limited to, restricting the number of
rotorcraft operations, restricting the hours of operation of the facility, restricting operations of high noise generating rotorcraft during
noise-sensitive hours, or any combinations of these restrictions.
e. With the exception of operations on the helipad, all on-ground operations must satisfy the standards of Chapter 31B. In particular, heliport
maintenance operations must satisfy these standards.
f. All applications for a Helipad/Heliport must also contain the following
information:
i. An aerial photograph showing the primary impact area, as defined in
Section [Sec.] 3.6.6.B.2.a, at a scale no less than one inch equals 400
feet showing the location of the proposed Helipad/Heliport; the approach and departure routes and altitudes within the primary impact
area; the location of all residences, schools, churches, hospitals, and
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other areas used for the open assembly of people, and other noise
sensitive uses that exist, have been approved for development, or are
master planned within the primary impact area.
ii. A map showing the intended flight paths and altitudes within the
secondary impact area, as defined in Section [Sec.] 3.6.6.B.2.a. This
map must indicate the proposed routes and altitude restrictions, if
any, found to be acceptable by the Federal Aviation Administration.
iii. Information concerning the type of rotorcraft facility proposed
(helipad/heliport); the nature of the use (public use/private use); type,
weight and noise characteristics of rotorcraft that would use the facility; the proposed number of operations and approximate time of day
that landings and departures would occur for each type of rotorcraft;
and finally, the facility's proposed operating hours.
iv. A plan must be submitted for the [[Board of Appeal's]] Hearing Examiner's approval that complies with all the heliport design guideline
recommendations in the Federal Aviation Administration's Heliport
Design Guide, Advisory Circular No. 150/5390-1B, dated August 22,
1977, [and] as [subsequently] amended. These guidelines are the
minimum standards for the design and approval of a Helipad/Heliport plan. Exemptions to specific standards contained in the heliport
design guide may be approved by the Hearing Examiner [Board of
Appeals], but only after receiving a recommendation for approval of
the requested exemption from the Federal Aviation Administration.
v. For elevated facilities, an architectural drawing must be submitted
which has been certified by a structural engineer licensed by the
State of Maryland as demonstration that the structure will support the static and dynamic loads of rotorcraft proposed to use the
facility, and that the fire safety regulations, as established in NFPA
Publication #418, current edition, or any other regulations in effect at
the time of application, have been satisfied.
vi. A copy of the Notice of Landing Area Proposal, a copy of the
Federal Aviation Administration's response to the Notice of Landing
Area Proposal, and a copy of the Air Space Determination from the
Federal Aviation Administration must be submitted.
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vii. In addition to the above requirements, the Hearing Examiner [Board

of Appeals] may require any additional information and analyses that
may be relevant as the evidence of record and the public interest
require.
g. Permission for a private use Helipad, Heliport may be granted by the
Hearing Examiner [Board of Appeals] for a 5-year period or such shorter
period as the Hearing Examiner [Board of Appeals] may specify in granting the conditional use. The conditional use may be renewed by the
Hearing Examiner [Board of Appeals] for additional periods, a maximum
of 5 years each, if the same findings required for the initial approval by
the Hearing Examiner [Board of Appeals] can still be made.
h. Operators of approved Helipad, Heliport must maintain an accurate log
of all rotorcraft operations, specifying each operation that occurs including the type of rotorcraft and the date and time of the operation. This
log must be available for inspection by DPS as part of any inspection of
operations for conditional uses. Failure to maintain the log or failure to
make the log available to DPS as part of an inspection is a violation of the
conditional use approval.

C. Railroad Tracks
Defined
Railroad Tracks [is] means fixed guideways [tracks and lines] for the movement
of trains.

D. Taxi/Limo Facility
1. Defined
[[A]] Taxi/Limo Facility [is] means any structure or land for the dispatch or
storage of taxis, limousines, or other vehicles for hire.

2. Use Standards
Where a Taxi/Limo Facility is allowed as a limited use, vehicle storage is
prohibited.

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Section 3.6.7. Utilities

A. Distribution Line (Above Ground)
1. Defined
[[A]] Distribution Line (Above Ground) [is] means an above ground electric
line (carrying under 69,000 volts), cable line, or telephone line.

2. Use Standards
Where a Distribution Line (Above Ground) is allowed as a limited use, only
electric distribution lines are allowed.

B. Distribution Line (Below Ground)

Defined
[[A]] Distribution Line (Below Ground) [is] means an underground electric line,
cable line, or telephone line.

C. Pipeline (Above Ground)

1. Defined
[[A]] Pipeline (Above Ground) [is] means an above ground conduit for the
distribution of liquids or gas.

2. Use Standards
Where a Pipeline (Above Ground) is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use, and the following standards:
a. The proposed pipeline is necessary for public convenience and service.
b. The proposed pipeline will not endanger the health and safety of workers
and residents in the community and will not substantially impair or prove
detrimental to neighboring properties.

D. Pipeline (Below Ground)

Defined
[[A]] Pipeline (Below Ground) [is] means an underground conduit for the distribution of liquids or gas.

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E. Public Utility Structure

1. Defined
[[A]] Public Utility Structure [is] means a utility structure other than transmission lines or pipelines. Public Utility Structure includes structures for the
occupancy, use, support, or housing of switching equipment, regulators,
stationary transformers, and other such devices for supplying electric service
or other public utilities.

2. Use Standards
a. Where a Public Utility Structure is allowed as a limited use, [if it is abutting or confronting] and the subject lot abuts or confronts a property
zoned Agricultural, Rural Residential, or Residential Detached that is
vacant or improved with an agricultural or residential use, site plan approval is required under Section [Sec.][[8.3.4]] 7.3.4.
b. Where a Public Utility Structure is allowed as a conditional use, it may
be permitted by the Hearing Examiner [Board of Appeals] under Section
[Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:
i. The proposed structure at the location selected is necessary for public convenience and service.
ii. The proposed structure at the location selected will not endanger the
health and safety of workers and residents in the community and will
not substantially impair or prove detrimental to neighboring properties.
iii. A Public Utility Structure allowed in any Rural Residential or Residential zone, must, whenever practicable, have the exterior appearance
of a residential building and must have suitable landscaping, screen
planting and fencing, wherever deemed necessary by the Hearing
Examiner [Board of Appeals].
iv. The Hearing Examiner [Board of Appeals] may waive the height limits
of the applicable zone where, in the opinion of the Hearing Examiner
[Board of Appeals], adjacent residential uses will not be adversely
affected by the increased height.

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v. An applicant for a Public Utility Structure [is considered an interested

person for purposes of filing] may file a conditional use application if
the applicant states in writing under oath that a bona fide effort has
been made to obtain a contractual interest in the subject property
for a valid consideration without success, and that there is an intent
to continue negotiations to obtain the required interest or in the
alternative to file condemnation proceedings should the conditional
use be approved.

Section 3.6.8. Warehouse

A. Freight Movement
Defined
Freight Movement [is] means any structure or land [an establishment] involved
in the movement of goods or equipment, including temporary storage, for delivery to other facilities or the final consumer. Freight Movement does not include
on-site sales activity.

B. Hazardous Material Storage

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

2. Use Standards
Where Hazardous Material Storage is allowed as a conditional use, it may be
permitted by the Hearing Examiner [Board of Appeals] under Section [Sec.]
[[8.3.1]] 7.3.1, Conditional Use.

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C. Mineral Storage
1. Defined
Mineral Storage [is] means any structure and land for the off-loading, transfer, or storage or sand, gravel, or rocks.

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

D. Self-Storage
1. Defined
Self-Storage [is] means a structure providing separate storage areas for personal or business use designed to allow private access by the tenant.

2. Use Standards
a. Where Self-Storage is allowed as a limited use, [site plan approval is
required under Sec. 8.3.4] it must satisfy the following standards:
i. In the GR zone, site plan approval is required under Section [[8.3.4]]
7.3.4.
ii. In the CR zone, Self-Storage is allowed only under the standard
method of development under Section [[4.5.2.A]] 4.5.3 and only:
(a) in a basement or cellar of a building used for other purposes;
(b) with the provision of on-site loading and unloading facilities;
(c) with doors for individual storage units in the interior of the building; and
(d) if signage is limited to a wall sign under Section [[7.7.9.A.2]]
6.7.9.A.2 and the maximum area of the sign is 40 square feet.
b. Where Self-Storage is allowed as a conditional use, it may be permitted
by the Hearing Examiner [Board of Appeals] under Section [Sec.][[8.3.1]]
7.3.1, Conditional Use.

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E. Storage Facility
1. Defined
[[A]] Storage Facility [is] means any structure and land for the short- or
long-term storage of goods or equipment, not including Self-Storage (See
Section [Sec.] 3.6.8.D, Self-Storage).

2. Use Standards
Where a Storage Facility is allowed as a limited use, it must satisfy the following standards:
a. Outdoor storage is prohibited.
b. In the [CRN,] CRT, CR, and EOF zones, only a facility up to 10,000 square
feet of gross floor area is allowed.

Section 3.6.9. Waste-Related

A. Landfill, Incinerator, or Transfer Station
1. Defined
[[A landfill]] Landfill [is] means a facility that collects and disposes of waste
[according to] under State of Maryland requirements for landfills. A landfill
includes land clearing debris landfills, rubble landfills, and industrial waste
landfills. [[An incinerator]] Incinerator [is] means a facility intended to
reduce waste to ash through combustion and may produce energy or heat
for re-use. An incinerator includes medical incinerator. [[A transfer]] Transfer
station [is] means a facility that receives solid or liquid wastes from others for transfer to another location [according to] under State of Maryland
requirements for transfer stations. Landfill, Incinerator, or Transfer Station is
included in the Comprehensive Solid Waste Management Plan for Montgomery County.

2. Use Standards
Where a Landfill, Incinerator, or Transfer Station is allowed as a conditional
use, it may be permitted by the Hearing Examiner [Board of Appeals] under
Section [Sec.][[8.3.1]] 7.3.1, Conditional Use, and the following standards:

b. The applicant must provide a detailed plan showing the proposed truck
haul route to the nearest major highway and traffic engineering studies
and analyses demonstrating the effects of the proposed conditional use
on present and projected levels of service, adequacy of the present and
planned road system, road safety conditions, bridge capacity, and other
factors related to traffic flow and safety. The detailed plan submitted by
the applicant must include:
i. a map of the hauling route indicating the classification of all roads
and the width of the respective rights-of-way, as well as the number
of lanes as built.
ii. the load limits of all bridges which the hauling route will cross,
iii. the segments of the road which are "closed" by curb and gutters, and
"open" to roadside swales or ditches,
iv. the hours and days when the property will accept vehicles, and
v. the steps which the applicant will take to maintain the hauling route
free of debris from vehicles accessing or leaving applicant's facility
and control the number of vehicles accessing and leaving the site on
a daily, weekly, monthly, and extraordinary basis, and
vi. designation of on-site queuing spaces sufficient to accommodate the
anticipated hauling vehicles without causing the vehicles to queue
into the public right-of-way. The number of queuing spaces must be
at least one-half of the number of trucks expected during the peak
hours of operation.
c. The applicant must have and adhere to an emergency notification and
mitigation plan, acceptable to DPS, for instances when the presence of
toxic, hazardous, or special medical wastes is discovered or suspected.
d. To protect the public health, safety and welfare, the applicant must
provide on-site and off-site monitoring of air pollution, noise, ground water, and surface waters in a plan acceptable to DPS. The applicant must
describe how the transfer station operations will conform to the water
quality and quantity requirements of Chapter 19, without any waiver.

a. The proposed use must meet all applicable requirements and conditions
for State of Maryland permits.
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e. The site must conform to the National Fire Protection Association

(NFPA) Standard 46, "Recommended Safe Practice for Storage of Forest
Products". The standards are mandatory and not recommendations.
f. Any transfer of solid waste or sorting of recyclable materials must occur
only in a wholly enclosed building.

2. Use Standard
Where Recycling Collection and Processing is allowed as a limited use, recycling of construction and demolition debris is prohibited unless the use was
lawfully existing on October 29, 2014. [, and] The recycling of automobiles is
also prohibited.

g. The outdoor storage of solid waste or recyclable materials must be in

leakproof, fly-and- rodent proof containers.
h. Impervious surfaces must be provided for all areas where the handling,
sorting, storage, or transporting of solid waste or recyclable materials
occurs.
i. Any water that comes into contact with solid waste must be discharged
to the sanitary sewer system that satisfies an industrial discharge permit.
j. Water runoff must be discharged only into the sanitary sewer system.
k. A solid waste transfer station operation must not be located on any part
of a floodplain or wetland, or within 300 feet of a stream.
l. Each site must be accessible directly from a roadway consisting of sufficient lanes to provide separate turning lanes and through lanes for large
trucks to assure safe ingress and egress and not impede through traffic.
m. There must be at least a 200 foot buffer between the proposed sorting
and storage operations and any lot line.

B. Recycling Collection and Processing

1. Defined
Recycling Collection and Processing [is] means any structure or land used for
the collection and recovery of paper, metals, plastic, glass, lumber, presorted
construction or demolition debris, or other marketable scrap where the
materials are separated, collected, processed, or marketed in the form of
raw materials or products and result in less than 10% non-marketable waste
by volume and inventory stored on-site must be turned over at least once
every 3 months. Recycling Collection and Processing includes an automobile
recycling facility, but does not include a transfer station (See Section [Sec.]
3.6.9.A, Landfill, Incinerator, or Transfer Station).

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Division 3.7. Miscellaneous Uses

Section 3.7.1. Noncommercial Kennel
A. Defined
[[A]] Noncommercial Kennel [is] means any County-licensed establishment
used for the keeping, breeding, or care of dogs, cats, or other domestic animals
belonging to the site's owner and kept for purposes of show, hunting, breeding,
or as pets. Noncommercial Kennel does not include an Equestrian Facility (see
Section [Sec.] 3.2.4, Equestrian Facility).

B. Use Standards
Where a Noncommercial Kennel is allowed as a limited use, construction or use
of accessory buildings, enclosures, or runs for these dogs is prohibited.

Section 3.7.2. Solar Collection System

A. Defined
[[A]] Solar Collection System [is] means an arrangement of panels or other solar
energy devices that provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling,
or water heating. A Solar Collection System includes freestanding or mounted
devices.

B. Use Standards
Where a Solar Collection System is allowed as a limited use, it must satisfy the
following standards:
1. In the Agricultural, Rural Residential, Residential, Commercial/Residential,
and Employment zones a Solar Collection System must be an accessory use
as defined in [Sec] Section 3.1.3
2. Written authorization from the local utility company must be provided for a
Solar Collection System that will be connected to the utility grid.
3. Removal of trees or landscaping otherwise required or attached as a condition of approval of any plan, application, or permit for the installation or
operation of a Solar Collection System is prohibited.
4. In the Commercial/Residential, Employment, and Industrial zones, a roof-

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mounted system may exceed the maximum height by 8 feet under Section
4.1.7.C.3 [Sec. 4.1.5.D.3].
5. The following standards apply to a freestanding Solar Collection System:
a. In the Agricultural, Rural Residential, Residential, Commercial/Residential, and Employment zones, it is allowed only as an accessory use where
the system produces a maximum of 120% of on-site energy consumption
and must satisfy the same development standards as an accessory structure;[, with the following exception:] however it [It] may be located in
the side yard of a property in a Rural Residential or Residential Detached
zone if the main building is set back a minimum of 70 feet from the side
lot line and the Solar Collection System is setback a minimum of 50 feet
from a side lot line and the height of the Solar Collection System is a
maximum of 20 feet.
b. In the Residential Multi-Unit, Commercial/Residential, Employment, and
Industrial zones, a Solar Collection System installed above a parking lot
or other paved surface does not count towards the maximum coverage.
c. Signs are prohibited, except for a flush-mounted sign identifying the
manufacturer of the system.
d. The Solar Collection System must be removed within 12 months of the
date when the use is discontinued or abandoned by the system owner or
operator, or upon termination of the useful life of the system. The Solar
Collection System will be presumed to be discontinued or abandoned if
no electricity is generated by the system for a period of 12 continuous
months.

Section 3.7.3. Wildlife, Game Preserve, and Other

Conservation Areas
Defined
Wildlife, Game Preserve, and Other Conservation Areas [is] means a public or private area used for raising, protecting, breeding or hunting wildlife within a natural
environment. Wildlife, Game Preserve, and Other Conservation Areas includes a
regulated shooting ground licensed by the Maryland Wildlife Administration.
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Section 3.7.4. Accessory Miscellaneous Uses

A. Accessory Structure
1. Defined
[[An]] Accessory Structure [is] means a structure subordinate to and located
on the same lot as a principal building, the use of which is incidental to the
use of the principal building or to the use of the land. An Accessory Structure
is not attached by any part of a common wall or common roof to the principal building.

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

C. Security Pavilion
1. Defined
[[A]] Security Pavilion [is] means a single-room building designed and arranged for [housing] sheltering security personnel and surveillance equipment.

2. Use Standards
Where a Security Pavilion is allowed as a limited use, it must satisfy the following standards:
a. A Security Pavilion cannot be designed or used as a dwelling unit and
cannot be used for the storage of goods, materials, or automobiles.
b. The minimum lot area is 2 acres.
c. The maximum size is 196 square feet of total floor area, with maximum
linear dimensions of 14 feet per side.
d. The maximum height is 12 feet.
e. The minimum front setback is 30 feet.
f. The minimum side setback is 15 feet.
g. The Security Pavilion is placed within 5 feet of the main driveway that
provides access to the main dwelling located on the same lot.

B. Accessory Use
Defined
[[An]] Accessory Use [is] means a use that is incidental and subordinate to the
principal use of a lot or site or the principal building, and located on the same
lot or site as the principal use or building. Any permitted or limited use in a zone
may be an accessory use to any other use in the same zone; any applicable use
standards must be satisfied.

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