New Zning Cde: Cmpanin Dcument An Article by Article Summary f Changes Made in the New Zning Cde September 2014 1
ARTICLE 59-1. GENERAL ZONING ORDINANCE PROVISIONS DIVISION 1.2. PURPOSE Sectin 1.2.1. Purpse f Chapter 59 The purpse clause has been mdified fr cnsistency with the Maryland Land Use Article 4-202. DIVISION 1.3. APPLICABILITY Sectin 1.3.3 Annexatins Remved a paragraph regarding the July 1, 1997 annexatin f Takma Park that included prvisins abut hw t apply fr zning under Mntgmery Cunty regulatins during the transitin perid f March 31, 1997 t July 1, 1997. DIVISION 1.4. DEFINED TERMS Sectin 1.4.2. Specific Terms and Phrases Defined Definitins fr uses are referenced in this Sectin, but are actually defined in Article 3 (Uses and Use Standards). Similarly, terms related t develpment standards are referenced in this sectin, but are actually defined in Article 4 (Develpment Standards fr Euclidean Znes). Mdified usable area definitin Eliminated the required deductin fr All land indicated n the master plan f highways as a right-f-way with a width f 100 feet r mre. Als mdified the required deductin fr area within envirnmental buffers. The new deductin is based n a percentage f tract within the envirnmental buffer rather than the subjective standard in the ld cde. ARTICLE 59-2. ZONES AND ZONING MAP DIVISION 2.1. ZONES ESTABLISHED Sectin 2.1.2. Zning Categries Znes are clearly divided int zning categries that are used thrughut the text f the rdinance and Euclidean and Flating znes are clearly identified: Euclidean Znes Agricultural zne: AR Rural Residential znes: R, RC, RNC (the ld cde classifies these as Agricultural znes) Residential znes Residential Detached znes: RE-2, RE-2C, RE-1, R-200, R-90, R-60, R-40 Residential Twnhuse znes: TLD, TMD, THD Residential Multi-Unit znes: R-30, R-20, R-10 2
Cmmercial/ Residential znes: CRN, CRT, CR Emplyment znes: GR, NR, LSC, EOF Industrial znes: IL, IM, IH Overlay znes Flating Znes (the Flating znes are entirely new) Residential Flating: RDF, TF, AF Cmmercial/Residential Flating: CRNF, CRTF, CRF Emplyment Flating: GRF, NRF, EOFF, LSCF Industrial Flating: ILF, IMF Sectin 2.1.3. Establishment f Znes The RDT zne has a new name- the Agricultural Reserve (AR) zne. The fllwing Residential znes are cnslidated with ther Residential znes as fllws: RMH- 200 and R-150 are nw R-200; R-MH is nw R-60. There are new Euclidean Twnhuse znes (TLD, TMD, THD). All f the cmmercial znes are nw ne f the Cmmercial/Residential r Emplyment znes (see zne translatin table fr details). The RMX, MXTC, TOMX, TMX-2, CBD, TS-R, TS-M, MXN, and MXPD znes are nw either CRT r CR znes. I-1, I-2, I-4, R&D, and RS are nw ne f the new Industrial znes. I-3 is nw the Emplyment Office (EOF) zne. DIVISION 2.2. ZONING MAP Sectin 2.2.1. Zning Maps This sectin authrizes the adptin f a digital zning map that will replace the mylar maps that have been used as the Cunty s fficial zning recrd. It als details hw authrized changes can be made t the digital zning layer, hw changes t the digital zning layer are t be recrded, and hw a certified cpy f the digital zning layer can be btained frm the Planning Department. Sectin 2.2.4. Zning and Develpment within Rights-f Way In the new cde, zne bundaries run t the centerline f each right-f-way, cmpared t the ld cde, which znes the rights-f-way t the least intensive zne f the prperties n either side f the right-f-way. Sectin 2.2.5. Znes Retained frm Previus Ordinance This Sectin identifies the znes frm the ld cde that are retained n the zning map, but that can n lnger be requested by a prperty wner under a Lcal Map Amendment r applied t 3
any additinal prperty under a Sectinal Map Amendment. These znes are: R-H, PCC, PD, PNZ, PRC, T-S, RT-6.0, RT-8.0, RT-10.0, RT-12.5, and RT-15.0. ARTICLE 59-3. USES AND USE STANDARDS DIVISION 3.1. USE TABLE Sectin 3.1.1. Key t the Use Table The new cde has three levels f use apprval: Permitted (P), Limited (L), and Cnditinal (C). Permitted use is the same as in the ld cde. These uses are allwed by right in the use table by the letter P. Limited use is a new term; it indicates a use that is allwed by right, but requires the applicant t meet specific, bjective use standards as indicated in this Article. Many f the uses indicated as a limited use represent permitted uses in the ld cde that reference ftntes regarding specific use standards. Cnditinal use is als a new term; it replaces the ld term special exceptin. The apprval prcess fr a cnditinal use is similar t that f a special exceptin, but the decisin n a cnditinal use is made by the Hearing Examiner, and nly an appeal f the Hearing Examiner s decisin ges t the Bard f Appeals. Sectin 3.1.2. Use Classificatins There are nw six categries f uses: Agricultural, Residential, Civic and Institutinal, Cmmercial, Industrial, and Miscellaneus. The use table lists bth individual uses and use grups (a grup f uses characterized by a single term r phrase (i.e., Nursery r Accessry Agricultural Uses). Use grups are in small caps and the rw is shaded in a light grey. There are sme grandfathered uses that are nt indicated with a P, L, r C in the use table. These are uses that appeared in the use table in the ld cde, but had ftntes assciated with them that nly allwed their peratin if they were already in existence. This includes an Educatinal Institutin (Private) in the AR zne and a Camp Retreat, nnprfit in the RC zne. See Sectin 3.1.2.D fr mre infrmatin. The new cde includes parameters that DPS shuld cnsider when determining if a prpsed use is similar enugh in impact, nature, functin, and duratin t be cnsidered a use listed in the use table. 4
Sectin 3.1.5. Transferable Develpment Rights The new cde allws a Bed and Breakfast in the AR zne if the lt is encumbered by a recrded TDR if the Bed and Breakfast is accessry t Farming. The ld cde always prhibited a Bed and Breakfast n a prperty encumbered by a recrded TDR. Sectin 3.1.6. Use Table The new cde cntains ne use table that shws the uses allwed in each zne. The use table prvides a reference t the definitin f each use and any applicable use standards. Summary f Use Changes Fr detailed infrmatin regarding use changes in each zne see the Use Cmparisn Tables. Belw are examples f sme f the majr use changes in the new cde. New Uses Cmmunity Garden is allwed in all znes except Heavy Industrial (IH). Urban Farming is allwed as a limited use in the Residential Multi-Unit, Cmmercial/ Residential, Emplyment, and Industrial znes. Use Cnslidatin: In several cases, a number f uses listed in the ld cde are cnslidated under ne term in the new cde Agricultural Prcessing nw includes Grain Elevatr, Manufacturing f Mulch and Cmpst, Milk Plant, and Saw Mill. Agricultural Prcessing is a cnditinal use in the AR, R, and RC znes. Residential Care Facility nw includes Grup Hme, Respite Care Hme, Adult Fster Care Hme, Dmiciliary Care Hme, Hspice Care Facility, Life Care Facility, Nursing Hme, and Sanitarium. Residential Care Facilities are regulated by the number f residents in the new cde. Retail/Service Establishment replaces a number f specific uses such as Appliance stres, Banks and financial institutins, Barber and beauty shps, Department stres, Furniture stres, Millinery shps, Specialty shps, Wearing apparel stres, etc. Retail/Service Establishments are regulated by the size f the establishment in the new cde. Office replaces General ffices; Offices, banking r financial; Offices, business; Offices, insurance claims; Offices, general; Offices, prfessinal, etc. 5
Uses Nt Retained Registered Living Units Guest huses are n lnger allwed in R-200, R-90, r R-60. Clinic, medical r dental, fr 5 r mre medical practitiners in the Residential znes. Use Mdificatin Cuntry Inns are nw allwed by Cnditinal Use instead f Lcal Map Amendment. Drive-thru nw applies t pharmacies and banks in additin t restaurants. Use Standards Use standards incrprate many f the ftntes in the ld cde; hwever, sme use standards have been updated in the new cde. Fr sme uses, bth general and specific use standards apply. Fr example, bth an Attached Accessry Apartment and a Detached Accessry Apartment must meet the use standards fr all accessry apartments under Sectin 3.3.3.A.2. An Attached Accessry Apartment must als meet its wn specific set f use standards under Sectin 3.3.3.B.2 while the use standards specific t a Detached Accessry Apartment are under Sectin 3.3.3.C.2. Make sure t identify all f the applicable use standards. ARTICLE 59-4. DEVELOPMENT STANDARDS FOR EUCLIDEAN ZONES DIVISION 4.1. RULES FOR ALL ZONES Sectin 4.1.1. Develpment Optins Optinal methd MPDU develpment nw applies when a develpment f mre than 20 units prvides mre than 12.5% MPDUs, cmpared t the ld cde where prviding the required 12.5% enabled a develper t take advantage f ptinal methd develpment standards and building types. Sectin 4.1.3. thru 4.1.6. Building Types Building types are a new additin t the zning cde. They regulate the frm applicable t develpment within each zne. Instead f having just ne set f develpment standards fr all building types within a zne (as is typically the case in the ld cde), the new cde prvides develpment standards fr each building type allwed within the zne. Illustratins and tables related t building types have been added as well. 6
Sectin 4.1.7. Measurement and Exceptins Area, Lt, and Density The definitin f lt is mdified t address issues f private street and pen space frntage and remve unnecessary language abut develpment standards that are addressed by the dimensinal standards in the zne and prvisins fr nncnfrmities. The new cde includes definitins fr tract and site. Lt width, with varius qualifiers (at the frnt prperty line, at the frnt setback line, and at the frnt building line) has replaced the definitin fr lt frntage with n substantive change in intent. Lt width at the frnt setback line is a new measurement. Placement Setbacks replace the yard requirements frm the ld cde. Crner Lts have a frnt setback and a side street setback. Applicants may chse which side f the crner lt is the frnt; hwever, in the Agricultural, Rural Residential, and Residential znes the frnt and side street setbacks are equivalent. Build-t Area is a new requirement fr standard methd develpment in Cmmercial/Residential, LSC, and EOF znes. The build-t-area is the area n the lt where a certain percentage f the building facade must be lcated. Parking setbacks are a new requirement fr standard methd develpment in the Residential Multi-Unit and LSC znes. The definitin f Cverage clarifies which structures shuld nt be included in the cverage calculatin (e.g. walkways, bay windw, uncvered prches r patis). A prvisin fr envirnmental site design facilities has been added t the setback encrachment sectin t allw rainwater cllectin r harvesting systems t prject 3 feet int side and rear setbacks. Building Height In all znes, the number f stries is n lnger a cmpnent f measuring height. In the Agricultural, Rural Residential, and Residential znes: In the ld cde, height is measured differently in the R-60 and R-90 znes then in the rest f the Agricultural, Rural Residential, and Residential znes. The new cde takes the measurement f height in the R-60 and R-90 znes and applies it t all f the Agricultural, Rural Residential, and Residential znes. Height is still measured t the mean height level between the eaves and ridge f a gable, hip, mansard, r gambrel 7
rf r t the highest pint f rf surface f a flat rf, but fr all Agricultural, Rural Residential, and Residential znes, it is nw measured frm average grade regardless f hw far set back frm the street the building is. The new cde als discurages terracing in these znes as it des nt allw fr a building s height t be increased by the height f the terrace. In the Cmmercial/Residential, Emplyment, and Industrial znes: The new cde measures height frm the level f apprved curb grade, instead f the level f apprved street grade, ppsite the middle f the frnt f the building. Added rftp renewable energy systems t the height encrachments sectin t mdernize the cde and be flexible in allwing fr ther energy surces. Frm standards are included in the new zning cde. Building elements (gallery/awning, prch/stp, and balcny) are regulated building elements in standard methd develpment acrss all znes. Building rientatin, transparency requirements, and limitatins n blank walls are elements f standard methd develpment in the Cmmercial/Residential, LSC, and EOF znes. Sectin 4.1.8. Cmpatibility Requirements Setback and height cmpatibility requirements are adapted frm the Cmmercial/Residential requirements in the ld cde. Setback cmpatibility requirements will nw apply t a prperty in a Residential Multi- Unit, Cmmercial/Residential, Emplyment, r Industrial zne that: abuts a prperty in an Agricultural, Rural Residential, r Residential zne that is vacant r imprved with an agricultural r residential use and; prpses develpment f an apartment, multi use, r general building type. Height cmpatibility requirements will nw apply t a prperty in a Cmmercial/Residential, Emplyment, Industrial, r Flating zne that: abuts r cnfrnts a prperty in an Agricultural, Rural Residential, r Residential zne that is vacant r imprved with an agricultural r residential use and; prpses develpment f any building type. DIVISION 4.2 AND DIVISION 4.3. AGRICULTURAL AND RURAL RESIDENTIAL ZONES General Changes Deleted the sum f side yards requirement because it is redundant with the side setback requirements. 8
Deleted the standard pertaining t the percent f rear yard that the accessry structure is allwed t cver because it is redundant with the ther cverage requirements fr the lt. The accessry structure still needs t be placed behind the rear building line f the principal building n residential lts. Increased the rear setback fr accessry structures frm 10 t 15 t prvide added prtectin fr neighbring prperties given that an accessry structure can be the same height as a huse, r higher if it s an agricultural structure. Sectin 4.2.1. AR (frmerly RDT) zne Added a vluntary cnservatin lt alternative. This alternative maintains the density f ne dwelling unit per 25 acres, but caps the lt size at 3 acres, and requires the remainder f the 25- acre site t be placed in a cnservatin r agricultural easement, r a land trust. This change was made t cdify a methd f develpment encuraged by the planning department, which is a way f preserving mre agricultural land. Sectin 4.3.5. RNC zne Created develpment standards fr the duplex and twnhuse building type in standard and ptinal methd. Added an actual minimum (5%) fr the required cmmn pen space. The ld cde says that cmmn utdr area is required in additin t rural pen space, but it desn t prvide a minimum requirement. DIVISION 4.4. RESIDENTIAL ZONES Sectin 4.4.1. thru Sectin 4.4.10. Residential Detached Znes General Changes Deleted the standard pertaining t the percent f rear yard that the accessry structure is allwed t cver because it is redundant with the ther cverage requirements fr the lt. The accessry structure still needs t be placed behind the rear building line f the principal building n residential lts. Deleted the fllwing frm the definitin f Infill Develpment: the cnstructin prpsed is mre than ne stry, excluding any basement if the average elevatin f the finished grade is higher alng the frnt f the dwelling than the average elevatin alng the rear f the dwelling. This language was remved because stries are n lnger being used t determine height therefre infill cmpatibility standards will t apply t all huses regardless f the number f stries. 9
Optinal Methd MPDU Develpment New requirement fr a minimum amunt f useable area fr MPDU ptinal methd develpment. MPDU ptinal methd nw requires the prvisin f mre than 12.5% MPDUs. Remved the different lt size and setback requirements that detached huse MPDU units can take advantage f, which are captured in ftnte 7 f the ld cde. Instead, the new cde recmmends slight reductins in lt sizes fr duplex, and twnhuse units under MPDU ptinal methd develpment; there is n distinctin anymre in allwable minimum lt size fr MPDU lts and nn-mpdu lts fr detached huses. Side and rear setbacks within the develpment are determined at site plan; hwever, where abutting a prperty nt included in the applicatin, then the setbacks equal thse f a detached huse in the abutting zne (rather than increasing the setback by 2 feet fr every ft in height ver 35 feet, height is capped at 40 feet). Accessry structure setbacks are treated in a fashin similar t principle dwelling setbacks; side and rear setbacks are determined at site plan except, where abutting a prperty nt included in the applicatin, then the setbacks equal that f a detached huse in the abutting zne. Maximum cverage standards prvided fr each zne are new. Under the ptinal methd the maximum lt cverage is greater than that allwed under the standard methd. This mdificatin is cmpatible with the reduced lt size requirement prviding mre flexibility in design and placement while als ensuring adequate buildable area. Cmmn pen space is required fr all MPDU develpment in a Residential Detached zne. In the ld cde, the amunt f "green area" required is a fixed number f square feet per duplex r twnhuse unit. The new cde requires a percentage f usable area be prvided as cmmn pen space. This mdificatin prvides mre flexibility in design and prvides an utdr area that better fits the scale f develpment. Optinal Methd Cluster Develpment A specificatin is prvided that allws the Planning Bard t apprve cluster develpment n a smaller site if cluster develpment is recmmended fr the site in a master plan (allwed under R-90 and R-60 in the ld cde), r if the Bard finds the smaller site wuld be mre suitable fr envirnmental reasns (allwed in the ld cde under RE-2C and RE-1), which is mre bradly written than the ld language. 10
Mdified minimum lt sizes (reducing them all, except fr detached huse in the R-90 zne), reduced minimum lt width fr twnhuses, and required pen space (increasing this since a specific amunt is nt required in the ld cde). Setback frm a public street has been decreased by 5' fr RE-2C and RE-1 and increased by 5' in the R-60. Frnt setback frm a private street r pen space is new, as is side street setback. Side and rear setbacks are determined at site plan except, where abutting a prperty nt included in the applicatin, then the side setback equals that f a detached huse in the abutting zne. Accessry structure setbacks are treated in a similar fashin; side and rear setbacks are determined at site plan except, where abutting a prperty nt included in the applicatin, then, fr mst building types, the side setback equals that f a detached huse in the abutting zne. Sectin 4.4.7. R-200 (includes frmer R-150 and RMH-200 znes) Decreased the height f accessry structures frm 50 t 35 fr better cmpatibility and neighbr prtectin and t prevent an accessry structure in this residential area frm being the same height as a huse. Sectin 4.4.11 thru Sectin 4.4.13. Twnhuse Znes The Euclidean Twnhuse znes are new. The develpment standards are based n, but nt identical t, the ld flating RT znes. These new Twnhuse znes can be applied by Sectinal Map Amendment during the master plan prcess. Sectin 4.4.14. thru Sectin 4.4.16. Multi-Unit Znes Added height maximum t the R-10 zne because nne existed in the ld cde. Added accessry structure setbacks fr MPDU ptinal methd develpment. Added parking setback requirements. Deleted the standard fr the minimum lt width at frnt building line fr a crner lt and fr any lt used fr multiple-grup dwellings. This requirement was deleted t simplify the develpment standards. Deleted the standard fr the setback frm the street center line. This requirement was deleted fr simplificatin and cnsistency with setback measure fr ther znes. Deleted the standard fr distance between buildings. 11
Mdified the side setback fr cmpatibility requirements t apply when abutting an Agricultural, Rural Residential, r Residential zne. Deleted the standard fr maximum building height n a lt f less than 5 acres. Added develpment standards fr detached huse, duplex, and twnhuses as all f these building types are nw allwed in the Multi-Unit znes. DIVISION 4.5. COMMERCIAL/RESIDENTIAL ZONES Key Changes t Prperties Translated t a Cmmercial/Residential zne thrugh the DMA Mdificatin/ mdernizatin f many develpment standards. N minimum lt area required fr develpment. Maximum height and density are designated n the zning map. Optinal methd develpment in CR and CRT znes requires the prvisin f public benefit pints. In the CR zne, ptinal methd develpment requires the purchase f BLTs. Changes t develpment apprval prcedures. Develpment standards fr all building types included fr standard methd develpment. General Changes t the Cmmercial/Residential znes frm the Old Cde The applicability and requirements f limited uses have been mdified. In the new cde, a limited use indicates that the use is permitted if it meets the applicable limited use standards in Divisin 3.2 thugh Divisin 3.7. The limited use standards may require the apprval f a site plan fr a specific use. Specific requirements fr residential amenity space nt retained. Increased incentive fr MPDUs abve 12.5% (see Divisin 4.7.) Sectin 4.5.2. Density and Height Allcatin CRT and CR may be mapped at a height f 35 in the new cde (they must be mapped at a height f at least 40 in ld cde) FAR Averaging is allwed ver 2 r mre nn-cntiguus prperties in CR and CRT. Mixed-use znes remapped thrugh the DMA are designated with a T. The T designatin allws these prperties t take advantage f the MPDU density bnus in Chapter 25A in additin t a few ther prvisins frm the ld cde. Cmmercial/Residential znes that existed prir t the DMA may take advantage f a new density bnus fr prviding greater than 12.5% f residential units as MPDUs (see Divisin 4.7. Optinal Methd Public Benefits). 12
Sectin 4.5.3. Standard Methd Develpment New develpment standards, including frm standards fr all building types are included DIVISION 4.6. EMPLOYMENT ZONES The NR, GR, and EOF znes are new. Key Changes t Prperties Translated t an Emplyment Zne thrugh the DMA (including LSC zne) Mdificatin/ mdernizatin f many develpment standards. N minimum lt area required fr develpment. Maximum height and density are designated n the zning map. FAR averaging is allwed. Optinal methd develpment in LSC and EOF znes requires the prvisin f public benefit pints. Changes t develpment apprval prcedures. In the NR, GR, and EOF znes, up t 30% f the grss flr area built n the subject site may be fr Husehld Living uses. Certain industrially-zned prperties that were remapped thrugh the DMA are designated with a T. The T designatin allws these prperties t take advantage f the MPDU density bnus in Chapter 25A. DIVISION 4.7. PUBLIC BENEFIT DESCRIPTIONS AND CRITERIA In General Mdified public benefit pints t include the LSC and EOF znes. Diversity f Uses and Activities- Mderately Priced Dwelling Units Prjects can earn mre pints fr prviding mre than 15% f the ttal units as MPDUs. There is n distinctin in the number f public benefit pints achieved if prviding mre than 15% MPDUs cmpared t mre than 12.5% MPDUs. Instead, fr prjects that prvide at least 15% MPDUs, ne less benefit categry must be satisfied. If a prject prvides at least 20% MPDUs des nt have t satisfy any ther benefit categry. 13
Additinal pints are granted fr every 2 bedrm MPDU that is prvided that is nt therwise required and every 3 bedrm MPDU prvided. Fr znes withut a T designatin: If a prject prvides mre than 12.5% MPDUs, the height limit f the zne and master plan des nt apply t the extent required t prvide the MPDUs. If a prject prvides mre than 12.5% MPDUs, but less than 15%, the grss flr area f any MPDUs prvided abve 12.5% is exempt frm the calculatin f FAR. If a prject prvides at least 15% MPDUs, the grss flr area f all MPDUs is exempt frm the calculatin f FAR. Prtectin and Enhancement f the Natural Envirnment Mdificatin f the BLT requirement calculatin in the CR zne, LSC zne, and TMX-2 zne cnverted t CR thrugh the DMA. In the CR zne, an applicant must purchase BLT easements, r make payments t the ALPF, in an amunt equal t 7.5% f the incentive density flr area. One BLT, equivalent t 9 pints, must be made fr every 31,500 sf f grss flr area cmprising the 7.5% incentive density flr area. In the LSC zne, an applicant must purchase BLT easements, r make payments t the ALPF, fr any flr area abve 0.5 FAR, in an amunt equal t 50% f the incentive density fr (1) each 31,500 square feet f flr area f residential, nn-residential, and Life Sciences between 0% and 40% f the prject s flr area; and (2) each 60,000 square feet f Life Sciences between 40% and 50% f the prject s flr area. An Overlay has been added t accmmdate the BLT prvisins f the TMX zne in Germantwn, which was cnverted t a Cmmercial/Residential zne (See Sectin 4.9.7, Germantwn Transit Mixed Use Overlay Zne). An applicant can accrue pints fr the purchase f TDRs if the prject is lcated within a TDR Overlay zne. DIVISION 4.8. INDUSTRIAL ZONES Key Changes t Prperties Translated t a New Industrial Zne thrugh the DMA Mdificatin/ mdernizatin f many develpment standards (except height and density). Maximum height and density are designated n the zning map. 14
FAR Averaging is allwed. Changes t develpment apprval prcedures DIVISION 4.9. OVERLAY ZONES The fllwing Overlay znes are nt retained in the new cde: The US 29/Cherry Hill Rad Emplyment Area Overlay zne f the Fairland Master Plan was nt retained in the White Oak Science Gateway Master Plan. The Chevy Chase Cmparisn Retail Overlay zne is n lnger necessary fr the fllwing reasns: the purpses f the verlay zne are directly related t the recmmendatins f the master plan, which is nw a cnsideratin f every site plan, standard methd develpment thrugh zne cnversin will result in a lwer maximum square ftage than that established in the Overlay zne, and the mix f develpment, as indicated in the Overlay, will be set by the C, R, and H elements in the new zne. In additin, a site plan is nw required at a lwer threshld (generally required f prjects greater than 10,000 SF r 40 in height that abuts r cnfrnts a prperty in an Agricultural, Rural Residential, Residential, r Residential Flating zne) and the findings required by the Overlay zne are nw findings required f all site plans. The Retail Preservatin Overlay zne fr the Wheatn CBD was remved by the recent sectr plan. The Retail Preservatin Overlay zne fr the Arlingtn Rad District f the Bethesda CBD sectr plan was nt retained, as the recmmended 0.5 FAR is captured by new zning limit in the Cmmercial/Residential znes. The requirement f a site plan will be captured fr all develpment abve 10,000 sf r 40 in height that abuts r cnfrnts prperties in an Agricultural, Rural Residential, Residential, r Residential Flating zne. The fllwing Overlay zne has been renamed in the new cde Sectin 4.9.6. Cmmunity-serving Retail (CSR) Overlay zne renamed the Neighbrhd Retail Overlay zne t the Cmmunity-serving Retail (CSR) Overlay zne, t avid cnfusin with the NR zne. The new cde includes 4 new Overlay znes t retain certain prvisins frm the ld cde Sectin 4.9.9. Germantwn Transit Mixed Use (GTMU) Overlay Zne- preserves a prvisin in the ld cde that requires applicants with an ptinal methd develpment prject t purchase BLT easements equal t 50% f the incentive density flr area. 15
Sectin 4.9.10. Reginal Shpping Center (RSC) Overlay Zne- allws Mntgmery and Wheatn Malls t retain certain zning prvisins frm the ld cde. Sectin 4.9.15. Transferable Develpment Rights (TDR) Overlay Zne- replaces the varius TDR znes. The maximum residential density allwed n each prperty, with the purchase f TDRs, is designated n the zning map (in units/acre fr Rural Residential and Residential znes and in FAR in the Cmmercial/Residential and Emplyment znes). Change in TDR develpment frm dwelling units per acre t square ftage fr mixeduse znes that were cnverted t a Cmmercial/Residential zne thrugh the DMA: each TDR purchased allws the cnstructin f a 2,400sf f residential density, except in a Metr Statin Plicy Area, which allws the cnstructin f 4,400sf f residential density. Change in TDR develpment in Rural Residential and Residential znes: Standardized the rati f dwelling units fr each TDR s that ne TDR gets yu ne detached huse unit, 2 units in a duplex r twnhuse building type, r 3 units in an apartment building type. This standardizatin creates cnsistency acrss znes. Sectin 4.9.16. Twinbrk (TB) Overlay Zne- retains a prvisin frm the ld cde that allws residential uses in the IL zne near the Twinbrk metr statin. ARTICLE 59-5. FLOATING ZONE REQUIREMENTS Summary f General Changes Article 59-5 is a new apprach t Flating znes. There are 4 categries f Flating znes: Residential Flating znes: Residential Detached Flating; Residential Twnhuse Flating; Apartment Flating Cmmercial/Residential Flating znes: CRN Flating; CRT Flating; CR Flating Emplyment Flating znes: EG Flating; EOF Flating; ELS Flating Industrial Flating: IL Flating; IM Flating ARTICLE 59-6. GENERAL DEVELOPMENT REQUIREMENTS DIVISION 6.1. SITE ACCESS Sectin 6.1.3. General Access Requirements 16
Added prvisin that land classified in a Residential Detached zne may nt be used fr driveway r vehicular access t any land that is nt in a Residential Detached zne (sme exceptins apply). Sectin 6.1.4. Driveway Access Mdified the minimum driveway width requirements based n zne. Added maximum dimensins fr driveway width and driveway radius in Residential Multi-Unit, Cmmercial/Residential, Emplyment, and Industrial znes t minimize paving and allw fr Envirnmental Site Design (ESD) and tree canpy in parking lts. Added requirement that nly 2 driveways are allwed per 300 feet f site frntage alng any street. Added requirement that sites with an imprved alley with a right-f-way f at least 20 in width must allw access t n-site parking frm the alley, and limit new curb cuts alng the public right-f-way. Added requirement that a vehicle must access a crner lt with nly ne driveway r a thrugh lt frm the street with the lwer radway classificatin, unless the radway with the lwer radway classificatin is a residential rad. DIVISION 6.2. PARKING, QUEUING, AND LOADING Sectin 6.2.2. Applicability Parking requirements d nt apply t structures n the Natinal Register f Histric Places r t expansins f less than 500 square feet in grss flr area r impervius cver. Sectin 6.2.3. Calculatin f Required Parking Added carshare space requirement fr facilities with 50 r mre reserved parking spaces. A carshare space cunts twards the minimum number f parking spaces required, but it des nt cunt against the parking maximum in Parking Lt Districts and Reduced Parking Areas. Under certain circumstances, an n-street parking space in a right-f-way may cunt twards the minimum parking requirement. Bicycle parking is based n the use and is split between lng-term (fr residents and emplyees) and shrt-term (fr visitrs). Parking Lt Districts have bth a minimum number f required spaces and a maximum number f spaces allwed. The maximum number f spaces may nt be exceeded. 17
Added prvisins fr Reduced Parking Areas which encmpass any prperty nt in a Parking Lt District that is: In a CR, CRT, LSC, EOF, r equivalent Flating zne, r In a CRN, NR, GR, r equivalent Flating zne that is within 1 mile f a transit statin r stp. Similar t Parking Lt Districts, Reduced Parking Areas have bth a minimum number f required spaces and a maximum number f spaces allwed. Hwever, within Reduced Parking Areas, an applicant cannt make a payment under Chapter 60 t prvide fewer spaces. An applicant can prvide mre parking spaces than allwed by the maximum indicated in the parking table if all the excess spaces are made available t the public and are nt reserved. Als, an Alternative Cmpliance Plan may be apprved t prvide less than the minimum, r t exceed the maximum number f spaces required. Mdified Adjustments (Credits) t Vehicle Parking Adjustments t the minimum number f required parking spaces must nt result in a reductin belw 50% f the baseline parking minimum. Instead f the credit fr certain uses lcated near metr in the ld cde, generally reduced the minimum parking requirements in the new cde in Parking Lt Districts and Reduced Parking Areas. New adjustment factrs fr restricted husing types MPDUs and Wrkfrce Huse: 0.5 Age-Restricted Husing: 0.75 Senir Husing: 0.5 New adjustments fr: Car-Share Space lcated near an entrance, Unbundled Residential Space, Federal Tenants, NADMS Percentage Gal, Carpl/Vanpl Spaces, Bike-Share Facility, and the prvisin f Changing Facilities prvided in excess f the amunt required. Prvisins fr general ffice buildings, including share-a-ride districts and share-a-ride utreach areas nt retained. Sectin 6.2.4. Parking Requirements Frmatted vehicle and bicycle parking requirements int a table 18
Mdified vehicle parking requirements, primarily in the Cmmercial/Residential and Emplyment Znes (see Parking Requirement Cmparisn Table). The parking requirements are based n a prperty s zne. Mdified sme f the metrics used. Mdified bicycle parking requirements in all znes. The new cde s bicycle parking requirements are by, rather than as a percentage f vehicle parking requirements. The baseline maximum number is the maximum that can be required f the applicant; hwever, they can chse t prvide bicycle parking spaces abve the baseline maximum. Sectin 6.2.5. Vehicle Parking Design Standards Required parking spaces in the new cde must be within ¼ mile (instead f 500 ft) frm the entrance t the establishment served by the parking spaces. In Parking Lt Districts r Reduced Parking Areas, up t 20% f required spaces may be fr cmpact vehicles. Outside f Parking Lt Districts r Reduced Parking Areas, up t 10% f required spaces may be fr cmpact vehicles. In the ld cde, nly 10% f spaces may be fr cmpact cars, and nly where the cnfiguratin f the site prevents exclusive use f standard space dimensins. Als, the ld cde nly allws these types f spaces fr nn-residential buildings. Added requirement that all parking facility drainage must satisfy the principles f Envirnmental Site Design as specified in the Strmwater Management Manual adpted by the Cunty. Sectin 6.2.6. Bicycle Parking Design Standards New standards fr lng-term bicycle parking including a requirement and design standards fr a shwer and changing facility fr tenants with mre than 50,000 square feet f nnresidential grss flr area New standards fr shrt-term bicycle parking spaces and bicycle racks. Sectin 6.2.7. Queuing Design Standards New queuing space requirements fr establishments with a drive-thru (includes drive-thru restaurants, banks, pharmacies, etc.) Sectin 6.2.8. Lading Design Standards Added new standards fr ff-street lading, including specificatins fr the required number f ff-street lading spaces based n the use and the grss flr area. 19
Sectin 6.2.9. Parking Lt Landscaping and Outdr Lighting Structured parking garage must have a living green wall r public art alng 50% f the grund flr f any garage wall facing a right-f-way, residential prperty, r pen space. Perimeter planting alng a street right-f way must be 6 wide (ld cde is 10 ) and must have a tree planted every 30 n center (40 in ld cde). Mdified the specificatins fr perimeter plantings that abut ther prperties. Mdified the surface parking lt canpy tree requirement: Each parking lt must maintain a tree canpy f 25% cverage at 20 years f grwth (ld cde requires a minimum f 5% f the parking lt t be landscaped with shade trees.) Mdified requirements fr landscaped islands in surface parking lts: Landscaped islands must be at least 100 cntiguus square feet each and the islands must cver at least 5% f the parking lt. The intent f the ld cde s parking facility plan is in this sectin, but it s n lnger called a parking facility plan and it is required fr 10 r mre spaces instead f 25 r mre. The new cde des nt retain the Parking Facilities Plan frm the ld cde, but parking lt and circulatin is reviewed during cnditinal use apprval, site plan review, r building permit (fr a prject that has 10 r mre spaces) DIVISION 6.3. OPEN SPACE AND RECREATION Sectin 6.3.3. Allwed and Prhibited Features in Open Space New cde prvides clarity abut what features are allwed and prhibited in each type f pen space. Sectin 6.3.5. Cmmn Open Space Cmmn pen space is redefined t fcus n recreatinal uses. This requirement takes the place f green area and public use space in certain znes where it is mre apprpriate t fcus n utdr areas fr residents and visitrs. Sectin 6.3.6. Public Open Space Public pen space is renamed (frm public use space) and redefined. The intent is largely the same, but because the requirement fr public pen space has been reduced in many cases, the design regulatins have been strengthened. Sec. 6.3.7. Amenity Open Space 20
In the ld cde, the term green area was misleading as it was nt required t be green; it culd include pavement such as walkways, plazas, etc. The new cde redefines green area as amenity pen space which better reflects hw this pen space is utilized in the znes where it applies. This fcus is apprpriate and reflects the use f this area fr circulatin, landscaping, and (usually) passive recreatin. Sectin 6.3.8. Open Space Landscaping and Outdr Lighting New cde has requirements fr native species (in Rural Open Space) and a minimum percentage f permeable area and tree canpy cverage in each type f pen space. New limitatins n illuminatin at the prperty line fr each type f pen space. Sectin 6.3.9. Recreatin Facilities Cdifies requirement fr recreatin facility guidelines and the prvisin f recreatin facilities fr any prject with mre than 19 residential units. DIVISION 6.4. GENERAL LANDSCAPING AND OUTDOOR LIGHTING Sectin 6.4.1. thru Sectin 6.4.3. Intent, Applicability, and General Landscaping Requirements Mstly new requirements. Includes base requirements fr plant material, definitins f required landscape elements, and cmpliance prcedures. Prhibits species included n the Maryland Invasive Species Cuncil s list f invasive aquatic r terrestrial plants in required rnamental planting areas. Fence r wall height is nw measured frm the lwest level f grade (instead f grund) immediately under the fence r abutting a wall. New requirement that the maximum height f a fence r wall in any frnt setback in a Residential zne is 4 ft. Sectin 6.4.4. General Outdr Lighting Requirements Mstly new requirements. Outdr fixtures must be a full r partial cutff. New limitatins n the height f freestanding lighting fixtures based n the use f the facility and the lcatin f the freestanding fixture. Light surces are limited t incandescent, flurescent, light-emitting dide, metal halide, r clr-crrected high-pressure sdium. 21
On-site Illuminatin is limited t 0.5 ftcandles r less at the lt line, but cnditinal uses must limit illuminatin t 0.1 ftcandle at any lt line that abuts a lt with a detached huse that is nt lcated in a Cmmercial/Residential r Emplyment zne. DIVISION 6.5. SCREENING REQUIREMENTS New specificatins applying t standard methd develpment fr screening based n use, building type, and abutting zne. DIVISION 6.6. OUTDOOR STORAGE AND DISPLAY New specificatins fr the size, lcatin, height, and screening f utdr strage and display areas. DIVISION 6.7. SIGNS Sign Installer License prvisins are nt retained. Regulatins Fr Signs In Urban Renewal Areas That Are Within An Arts and Entertainment District is nt retained in new cde. DIVISION 6.8. ALTERNATIVE COMPLIANCE New prvisin that allws an applicant t prpse an alternative methd f cmpliance fr any requirement in Article 59-6, with the exceptin f the sign requirements in Divisin 6.7. ARTICLE 59-7. ADMINISTRATION AND PROCEDURES Summary f General Changes Plans are designed t cntain cumulative submittal requirements and findings t reduce redundancy. Hearing dates are set upn acceptance f applicatin. Includes deadlines fr the issuance f the reslutin fllwing the clse f recrd fr all amendments. DIVISION 7.2. DISTRICT COUNCIL APPROVALS Sectin 7.2.1. Lcal Map Amendment The new cde requires that an applicant submit an initial applicatin t the Planning Department t evaluate it fr cmpleteness befre the applicant can file the applicatin with 22
the Hearing Examiner fr acceptance. The Planning Department has 10 days t evaluate the initial applicatin. The Develpment Plan, Diagrammatic Plan, and Schematic Develpment Plan are replaced by a single plan: a flating zne plan. The flating zne plan is intended t streamline the submittal requirements necessary fr apprval f rezning. The flating zne plan des nt require the submissin f a finalized Strmwater Management Cncept, a Preliminary Frest Cnservatin Plan (these will be required during preliminary and site plan review), r an APFO finding. An apprved Natural Resurces Inventry (NRI) is nt an applicatin requirement, but the submittal requirements fr existing site cnditins and vicinity include cmpnents f an NRI. In additin, ther retained submissin requirements have been mdified t include nly thse elements necessary t determine the apprpriateness f the requested rezning. A new requirement that the Hearing Examiner must schedule a public hearing n the applicatin t begin within 120 days after the applicatin is accepted. Amendments t the flating zne plan (called develpment plan in the ld cde). Under the ld cde, an applicant can change any element f the develpment plan (as lng as they meet the standards f the flating zne) withut a public hearing, althugh a hearing is required if there is public ppsitin t the amended plan. The Cuncil desn t have t make the same findings fr a develpment plan amendment. In the new cde, any request t increase height r density, add a previusly disallwed use, decrease a setback, r change any binding element requires an applicant t fllw the same prcedures as an riginal LMA applicatin. The Planning Bard may apprve changes t a flating zne plan that dn t increase height r density, add a previusly disallwed use, decrease a setback, r change any binding element. Mdified findings t cncentrate n big picture issues, allwing site plan review t cver detailed review. New fee payment methd: 25% f fee must be paid directly t the Planning Department; 75% must be paid t the Office f Zning and Administrative Hearings (Sectin 7.6.5.A.3). N lnger require nticing in newspapers Sectin 7.2.3. Sectinal and District Map Amendment Simplified language regarding Sectinal Map Amendment submittal requirements. Sectin 7.2.4. Zning Text Amendment New cde requires Cuncil t hld a public hearing within 60 days after the intrductin f a Zning Text Amendment. 23
DIVISION 7.3. REGULATORY APPROVALS Sectin 7.3.1. Cnditinal Use Cnditinal use applicatins must be apprved as cmplete by the Planning Department befre they can be submitted t the Hearing Examiner. The deciding bdy is nly required t send ntice fr the hearing, rather than fr bth the applicatin and the hearing. Ntice must be sent t all abutting and cnfrnting prperty wners, civic and hmewners assciatins within ½ mile, and any municipality within ½ mile. The Planning Directr must submit the reprt t the Hearing Examiner 7 days (instead f 5) befre the scheduled hearing. Intrduced a cnditinal use plan t replace the site plan required as part f a Special Exceptin applicatin in the ld cde. Submittal requirements include cncurrent review f frest cnservatin, strmwater management, and traffic issues rather than requiring pre-apprval. General findings fr all cnditinal uses have been mdified. Where a cnditinal use plan is required, a site plan will nt be required fr that prtin f the site, unless it is part f an ptinal methd develpment with a sketch plan, it is required by the use standards, r if required by the Hearing Examiner r Bard f Appeals. Mdified the time frame fr the cnditinal use plan hearing t within 120 days f the applicatin s acceptance instead f n sner than 60 days after ntice. Cnditinal use applicatins are decided by the Hearing Examiner. If a request t present ral argument is made fllwing the Hearing Examiner s reprt and decisin, nly then des the Bard f Appeals make the final decisin regarding the cnditinal use. If a cnditinal use applicatin is denied, a new applicatin prpsing substantially the same develpment n the same prperty may nt be filed within 18 mnths (instead f 36 mnths) after the final decisin. In the ld cde, an affirmative vte f 4 members f the Bard f Appeals is generally required t apprve a special exceptin. In the new cde, a cnditinal use applicatin will nly g t the Bard f Appeals if there is ppsitin, in the frm f a written request fr ral argument, t the Hearing Examiner s decisin. If nly 4 members f the Bard f Appeals are present, an affirmative vte f nly 3 members is needed t apprve the cnditinal use. New fee payment methd: 25% f fee must be paid directly t the Planning Department; 75% must be paid t the Office f Zning and Administrative Hearings (Sectin 7.6.5. Fees). 24
The language that allws fr minr amendments t cnditinal uses has been mdified t allw fr mre flexibility in apprving amendments administratively. Hwever, it is at the discretin f the Hearing Examiner if she/he feels the prpsed amendment culd have a substantial adverse effect n the surrunding cmmunity; in additin, if an bjectin t the amendment is made in a timely manner, a public hearing is required Sectin 7.3.2. Variance The Bard f Appeals is nly required t send ntice fr the hearing, rather than fr bth the applicatin and the hearing. Ntice must be sent t all abutting and cnfrnting prperty wners, civic and hmewners assciatins within ½ mile, and any municipality within ½ mile. The findings are mdified t allw mre flexibility fr the Bard f Appeals t grant variances. There is a new finding that the special circumstances r cnditins needing the variance cannt be the result f actins by the applicant. Sectin 7.3.3. Sketch Plan The new cde cdifies that an applicant must submit an initial applicatin t the Planning Department t evaluate it fr cmpleteness befre the applicatin is fficially accepted. The Planning Department has 10 days t evaluate the initial applicatin. Additinal applicatin requirements, including a site map shwing existing buildings, structures, circulatin rutes, significant natural features, histric resurces, zning, and legal descriptins f the prpsed develpment site and within 500 feet f the perimeter bundary. If a sketch plan is apprved, the applicant has 36 mnths t submit a site plan unless the reslutin established a lnger perid f time. Sectin 7.3.4. Site Plan The new cde cdifies that an applicant must submit an initial applicatin t the Planning Department t evaluate it fr cmpleteness befre the applicatin is fficially accepted. The Planning Department has 10 days t evaluate the initial applicatin. The Planning Bard must hld a public hearing within 120 days after the date an applicatin is accepted instead f the ld requirement fr the Planning Bard t take final actin after 45 days. Fr standard methd develpment, requirement fr a site plan is determined by threshld instead f by zne. The threshlds under standard methd develpment are based n adjacent zning, grss flr area, number f units, and/r building height. In sme cases, a limited use may require a site plan. 25
Submittal requirements include cncurrent review f frest cnservatin, strmwater management, and traffic issues rather than requiring pre-apprval. Mdified findings t include requirements fr substantial cnfrmance with master plans and applicable guidelines. Cdified deadlines fr submittal f cmments t Develpment Review Cmmittee. A new requirement that the site plan expires unless a certified site plan is apprved within 24 mnths. DIVISION 7.4. ADMINISTRATIVE APPROVALS Sectin 7.4.1. Building Permit Remved language that is redundant with Chapter 8. Sectin 7.4.3. Sign Permit Remved language pertaining t a Sign Installer License. DIVISION 7.5. NOTICE STANDARDS Applicatin Signs are n lnger prvided by the Hearing Examiner. Applicants must prduce their wn signs, subject t the specificatins in the new cde. Website psting is required fr mst types f applicatins (except Use-and-Occupancy, Sign Permit, and Sign Variance Applicatins) DIVISION 7.6. SPECIAL PROVISIONS New requirement that the Planning Bard must annually adpt a plan review schedule fr the calendar year that reflects the timeframes required fr review f sketch plan and site plan. DIVISION 7.7. EXEMPTIONS AND NONCONFORMITIES Sectin 7.7.1. Exemptins All grandfathering language in this sectin is new, but Sectin 7.7.1.D, Residential Lts and Parcels incrprates the intent f sme f the grandfathering prvisins f the ld cde. Sectin 7.7.1.D allws fr issuance f a building permit fr a detached huse n any Residential r Rural Residential zned lt identified n a plat recrded befre Octber 30, 2014, withut regard t the street frntage and lt size requirement f its zning; prvisins fr pre-1958 parcels and pre-1928 lts; sme recnstructin due t damage in a fld plain; and prvisins fr building additins fr huses in a husing prject cnstructed befre January 1, 1945 and huses develped under the density cntrl standards in the R-150 zne. 26
The new cde makes all structures and site designs that legally exist n Octber 30, 2014 cnfrming; such structures and site designs may be cntinued, renvated, repaired, and recnstructed as lng as the flr area, height, and ftprint are nt increased (except as therwise prvided in this Sectin). Any use that was cnfrming r nt nncnfrming n Octber 29, 2014 that wuld be made nncnfrming by the new rdinance is deemed cnfrming but may nt expand. Any develpment fllwing a plan r applicatin that was filed r apprved befre Octber 30, 2014 must prceed under the ld cde (in terms f bth zning standards and prcedures). In additin, amendments t these plans may prceed under the standards and prcedures f the ld cde fr 25 years (until Octber 30, 2039), with certain limitatins. The nly exceptin is that a plan fllwing the standards and prcedures f the ld cde can cme in fr a minr site plan amendment under the new cde t amend the parking requirements f the previusly apprved applicatin in a manner that satisfies the parking requirements f the new cde. Any develpment that is a result f a Lcal Map Amendment apprved befre Octber 30, 2014 must satisfy the binding elements until the prperty is either subject t a Sectinal Map Amendment, rezned by Lcal Map Amendment, r the binding element is revised thrugh an amendment t the develpment plan. Until Octber 30, 2039 develpment existing n Octber 30, 2014 that is n land lcated in a Cmmercial/Residential, Emplyment, r Industrial zne may increase the flr area by the lesser f 10% r 30,000 square feet, with additinal expansin rights fr small prperties, prvided that the building height and density dn t exceed the prperty s zning in effect n Octber 29, 2014 and the develpment meets a cuple f ther requirements. Any expansin beynd this amunt, r any expansin after the 25 year limitatin, must satisfy the standards and prcedures f the new cde. Sectin 7.7.2. Nncnfrming Use This sectin allws fr the cntinuatin f a lawful nncnfrming use prvided that the use is nt expanded, is nt reestablished if abandned (unless it is a histric resurce), and a mechanism t establish that a use n the prperty is lawfully nncnfrming. ARTICLE 59-8. ZONES RETAINED FROM PREVIOUS ORDINANCE The znes in this Article are substantively the same as thse in the ld cde. These znes, hwever, cannt be requested by a prperty wner under a Lcal Map Amendment r applied t any additinal prperty under a Sectinal Map Amendment. 27