AGENDA ITEM 4C
March 15,2016
Introduction
MEMORANDUM
March 11,2016
TO:
FROM:
County Council
Amanda Mihill, Legislative Attorney
y
Jeffrey
L.
Zyontz, Senior Legislative Attorney / /
~
SUBJECT:
Introduction:
Bill 8-16, Zoning Rewrite
Corrections
Revisions, Clarifications and
Bill 8-16, Zoning Rewrite Revisions, Clarifications and Corrections, sponsored by Lead Sponsor
County Council, is scheduled to be introduced on March 15, 2016. A public hearing is tentatively
scheduled for AprilS at 1:30 p.m.
Bill 8-16 would correct technical, typographical, grammatical, reference, and codification errors
in,
and make stylistic, clarifYing, and conforming amendments to, various provisions of County law.
These changes are necessary to conform the County Code to the Zoning Ordinance after the
Council's adoption of Zoning Ordinance 13-04 and subsequent amendments.
This packet contains:
Bill 8-16
Legislative Request Report
Circle #
1
24
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Bill No.
8-16
Concerning: Zoning Rewrite - Revisions,
Clarifications. and Corrections
Revised:
212212016
Draft No.
~
Introduced:
March 15,2016
Expires:
September 15, 2017
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effe~ve:
_ _ _ _ _ _ _ ___
Sunset Date: -'N'-!.:o""-n:.:::,e___________
Ch. _ _, Laws of Mont. Co. ______
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: County Council
AN ACT
to correct technical, typographical, grammatical, reference, and codification errors in, and
make stylistic, clarifying, and conforming amendments to, various provisions of County law
necessary after the Council's adoption of Zoning Ordinance 13-04 and subsequent amendments.
By amending
Montgomery County Code
Chapter 2, Administration
Sections 2-55, 2-112, 2-137, 2-140, and 2-150
Chapter 2B, Agricultural Land Preservation
Sections 2B-l, 2B-8, and 2B-l 7
Chapter 5, Animal Control
Section 5-203
Chapter 19, Erosion, Sediment Control and Stonnwater Management
Sections 19-3, 19-62, 19-64, and 19-65
Chapter 22A, Forest Conservation - Trees
Sections 22A-3, 22A-4, 22A-ll, and 22A-12
Chapter 23A, Group Homes
Section 23A-3
Chapter 25A, Housing, Moderately Priced
Sections 25A-2, 25A-3, 25A-5, 25A-l 0, and 25A-l1
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Chapter 25B, Housing Policy
Sections 25B-22 and 25B-27
Chapter 31B, Noise Control
Section 31B-2
Chapter 42A, Ridesharing and Transportation Management
Sections 42A-5 and 42A-8
Chapter 52, Taxation
Sections 52-47, 52-55, 52-89, and 52-93
Chapter 60, Silver Spring, Bethesda, Wheaton and Montgomery Hills Parking Lot Districts
Sections 60-5, 60-6, 60-7, 60-8, 60-10, and 60-11
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* *
*
Heading or defined term.
Addedto existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves
the
following Act:
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2
3
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Sec.
1.
Sections 2-55, 2-112, 2-137, 2-140, 2-150, 2B-l, 2B-8, 2B-17,
5-203, 19-3, 19-62, 19-64, 19-65, 22A-3, 22A-4, 22A-ll, 22A-12, 23A-3, 25A-2,
25A-3, 25A-5, 25A-I0, 25A-ll, 25B-22, 25B-27, 31B-2, 42A-5, 42A-8, 52-47,
52-55, 52-89, 52-93, 60-5, 60-6, 60-7, 60-8, 60-10, 60-11 are amended as
follows:
2-55. Functions.
The Department of Transportation must:
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6
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8
*
(f)
*
*
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19
reVIew and approve transportation elements of development plans,
including storm drainage and paving plans; grade establishment plans;
record plats; utility plans; pre-preliminary, preliminary and site plans;
and construction permits for any work in public space;
*
2-112. Jurisdiction.
*
*
*
*
*
(b) The Board must hear and decide each [application for a] special
exception or conditional use appeal, unless Chapter 59 directs
otherwise.
(
c)
The Board has the following appellate jurisdiction.
The Board must hear and Those appeals involve:
decide
under:
each appeal taken
*
Chapter 59
*
*
Special exceptions and conditional uses decided by
the Hearing Examiner
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*
*
*
o
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2-137. Definitions.
[(a)] The following terms [wherever used or referred to] in this [article shall
have the following meanings] Article have the meanings indicated,
unless a different meaning is clearly indicated in the context:
[(b)]
Public facility
[shall mean] means any parcel of land of one (1) acre or
more, with or without buildings or other capital improvements, devoted
to public use, including roads, highway interchanges, rapid transit lines
and stations, parking garages, schools, colleges, hospitals, health
centers, government office buildings, fire and police stations, parks,
recreation centers, golf courses, sanitary landfills, and any other
significant facility whose construction is an established public purpose.
[(
c)]
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Public facility area
[shall mean] means a public facility site plus that
limited land area adjacent to an existing or proposed major public
facility where at least one of the following conditions exists:
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*
(d)
*
*
Public facility area plan
[shall mean] means a site development plan, as
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it exists from time to time, specifying generally or in exact detail, as
may be judged appropriate in specific instances by the county council
and county executive, the location and types of land uses, activities, and
improvements directed or permitted to take place both on the site
occupied by the public facility and on the adjacent land acquired within
the public facility area.
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*
2-140. Powers, duties and functions.
(a)
*
*
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The Office of Zoning and Administrative Hearings must:
*
*
*
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(4)
[forward] produce a written report, with a [recommendation for]
decision, to the body that assigned the matter, including findings
of fact and conclusions of law where required or appropriate;
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*
(c)
*
*
The Office may hear, and submit a written report and [recommendation]
decision
to
the specified officer or body on, any:
(1)
petition to the County Council to [grant,] modify[,] or revoke a
special exception or conditional use, as provided in Chapter 59;
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*
2-150. People's Counsel-Functions.
*
01<
*
*
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*
(b)
Authority; duties.
To protect the public interest and achieve a full and
59
fair presentation of relevant issues, the People's Counsel may participate
in a proceeding before:
01<
01<
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*
(2)
the County Council (solely for oral argument) or the Hearing
Examiner for the County Council if the matter involves a local
map amendment, a [development or schematic development]
floating zone plan approved under the zorung process or a
[special exception] conditional use; and
01<
01<
01<
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2B-1. Definitions.
In
this Chapter, the following words and phrases [shall] have the meanings
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indicated:
01<
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*
*
Farm Market
means a [farm market] Farm Market, On-site as defined
in Chapter 59.
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*
easement.
*
*
2B-S. Activities and uses permitted on land under a County agricultural
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*
(b)
*
*
Relation to special exceptions and conditional uses.
Subsection (a)
does not alter either the requirements in Chapter 59 for a special
exception or conditional use applicable to the zone where a County
easement is located or the process to obtain a special exception or
conditional use. However, an agricultural easement may expressly limit
the right of the landowner or any successor in interest to apply for a
special exception or conditional use that is inconsistent with the
purposes of this Article.
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*
2B-17. BLT Account.
*
*
*
*
*
(b)
The BLT Account must contain payments made to comply with
conditions of approval which the Planning Board has imposed for
certain [development] plans, and may also contain funds received
through donation, appropriation, bond proceeds, or any other source,
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*
(a)
Violation.
An
owner must not:
*
*
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5-203. Public nuisance and other violations.
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*
(8)
*
*
Allow a domestic or exotic bird, including a homing pigeon, to
be
in an aviary within 100 feet of any structure owned or leased
by another person and used for human habitation or work. This
paragraph does not apply to a bird:
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*
*
*
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(C)
in an [agricultural] Agricultural or Rural Residential zone
as defmed in Chapter 59; or
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*
19-3. Application for permit.
*
*
*
*
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*
(e)
A permit must not be issued to a person who must comply with Chapter
22A until a final forest conservation plan is approved and any required
fmancial security is provided. However, a permit may be issued before a
fmal forest conservation plan is approved if the land-disturbing activity
is specified on the approved preliminary plan of subdivision,
preliminary forest conservation plan, project plan, development plan,
sketch plan, floating zone plan, or approved plan amendment. Any
land-disturbing activity must comply with all terms and conditions of
the permit.
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*
19-62. Applicability.
*
*
*
*
*
(b)
Privately owned property.
Except as otherwise expressly provided in
this Chapter, the requirements for a water quality inventory and a
preliminary and final water quality plan under Section 19-64 apply in
any area designated as a special protection area to a person proposing a
land-disturbing on privately owned property:
(l)
who is required by law to obtain approval of a development plan,
diagrammatic plan, schematic development plan, project plan,
special exception, sketch plan, floating zone plan, conditional
use, preliminary plan of subdivision, or site plan; or
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(2)
who is seeking approval of an amendment
to
an approved
development plan, diagrammatic plan, schematic development
plan, project plan, special exception, sketch plan, floating zone
plan, conditional use, preliminary plan of subdivision, or site
plan.
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*
(a)
*
*
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19-64. Water Quality Inventory Submittal; Water Quality Plans.
Water quality inventory submittal.
A person who is required under
Section 19-62 to comply with this Article must submit the following
documents as part of a proposed development plan, diagrammatic plan,
schematic development plan, project plan, preliminary plan of
subdivision, site plan, [or] special exception.1 sketch
~
floating zone
plan, or conditional use, whichever is first required. Each submission
must be reviewed by the receiving agency as part of the plan or permit
application, as provided by law.
*
(c)
*
*
Final water quality plan submission.
A final water quality plan must be
submitted as provided in Section 19-65 and must include the following:
*
(6)
*
*
Terms, conditions, and requirements as established in the
approved preliminary water quality plan, or in the case of a
preliminary water quality plan in conjunction with a development
approval before the District Council, the terms, conditions, and
requirements as required to be revised by the Planning Board or
DPS Director to conform to the District Council action on
the development plan, schematic plan, floating zone plan, or
diagrammatic plan;
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*
(a)
*
*
19-65. Application, review, and approval procedures.
General.
(1)
Coordinated with project review.
Water quality reVIew,
including submittal and review of the preliminary and final water
quality plans, where required, must be done
in
conjunction with
the review process for a development plan, diagrammatic plan,
schematic development plan, project plan, preliminary plan of
subdivision, site plan, [or] sketch plan, floating zone plan,
conditional use, or special exception, in accordance with this
Section. The Planning Director must coordinate review of the
water quality plan with the DPS Director.
*
(b)
*
*
Application.
(1)
The applicant must submit to the Planning Director a preliminary
water quality plan as part of a complete application for a
development plan, diagrammatic plan, schematic plan, project
plan, sketch plan, floating zone plan, preliminary plan of
subdivision, or site plan, whichever is first required. For a special
exception or conditional use that is subject to this Chapter, the
applicant must submit a preliminary water quality plan as part of
the special exception or conditional use application to the Board
of Appeals. For a project on publicly owned property, the agency
or department should submit the water quality plan in
conjunction with the mandatory referral process.
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*
(d)
*
*
Condition ofapproval.
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(1)
In the case of a water quality plan in conjunction with an
amendment to a development plan, schematic development plan,
[or] diagrammatic plan, sketch plan, or floating zone plan,
Planning Board action on the water quality plan must conform to
Section [59-D-1.23, Section 59-D-2.53, and Section 59-D-4.61,
respectively] 7.2. I.E or Section 7.7 .1.B of Chapter 59.
*
22A-3.
Definitions.
*
*
In this Chapter, the following terms have the meanings indicated:
*
*
*
~
Development plan
means a plan or an amendment to a plan approved under
[Division 59-D-l] Section 7.7 .1.B of Chapter 59 or
approved under Section 7.2.1 of Chapter 59.
floating zone plan
*
*
*
Planned unit development
means a development comprised of a combination
of land uses or varying intensities of the same land use, having at least [20·
percent] 20% of the land permanently dedicated to [open space] green
are~
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and [in accordance with] under an integrated plan that provides flexibility in
land use design approved [by the District Council under Division 59-D-l or]
by the Planning Board under [Division 59-D-2] Section 7.2.1 of Chapter 59.
*
*
*
~
Project plan
means a plan or an amendment to a plan approved under
[Division 59-D-2] Section 7.7.l.B of Chapter 59 or
under Section 7.3.3 of Chapter 59.
sketch plan approved
*
59-D-3] Section 7.3.4 of Chapter 59.
*
*
Site plan
means a plan or an amendment to a plan approved under [Division
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Special exception
means a use approved as
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conditional use under [Article 59­
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0] Section 7.3.1 or Section 7.7.1.B of Chapter 59.
*
22A-4. Applicability.
*
*
Except as otherwise expressly provided in this Chapter, this Chapter applies
to:
(a)
a person required by law to obtain an approval or amendment to a
development plan, diagrammatic plan, project plan, floating zone plan,
sketch plan, preliminary plan of subdivision, or site plan;
*
(
a)
*
*
22A-ll. Application, review, and approval procedures.
General.
(l)
Coordinated with project review.
The forest stand delineation and
forest conservation plan must
be
submitted and reviewed in
conjunction with the review process for a development plan,
floating zone plan, project plan, sketch plan, preliminary plan of
subdivision, site plan, special exception, conditional use,
mandatory referral, or sediment control permit [in accordance
with] under this Section. The Planning Director must coordinate
review of the forest conservation plan with the Director of
Environmental Protection, the Director of Permitting Services,
the Washington Suburban Sanitary Commission, other relevant
regulatory agencies, and entities that will provide public utilities
to the tract, to promote consistency between the objectives of this
Chapter and other development requirements. To the extent
practicable, entities providing public utilities should design
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facilities that will serve a tract in a manner that avoids identified
conservation areas and minimizes tree loss.
*
(b)
*
*
Project requiring development plan, floating zone plan. project plan,
sketch plan. preliminary plan ofsubdivision, or site plan approval.
(1)
Forest stand delineation.
The applicant must submit to the
Planning Director a forest stand delineation with the application
for a development plan, floating zone plan, project plan, sketch
plan, preliminary plan of subdivision, or site plan, whichever
comes first. Within 30 days of receipt, the Planning Director must
notify the applicant whether the forest stand delineation is
complete and correct. If the Planning Director fails to notify the
applicant
within
30 days, the delineation will be treated as
complete and correct. The Planning Director may require further
information or provide for one extension of this deadline for an
additional 15 days for extenuating circumstances.
(2) Forest conservation plan.
*
(C)
*
*
Approval.
The Planning Board must review and act on the
forest conservation plan concurrently with the development
plan, floating zone plan, project plan, sketch plan, preliminary
plan of subdivision.1 or site plan, as appropriate. Compliance
with the preliminary forest conservation plan, as amended by
the Board, must be made a condition of any approval of the first
applicable development application. Compliance with the final
forest conservation plan, as amended by the Board, must be
made a condition of any approval of the last development
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application. For a development plan or
~
floating zone plan, a
Planning Board recommendation to the District Council on the
preliminary forest conservation plan must be made under
Section [59-D-1.4] 59-7.2.1. A final forest conservation plan
must be approved by the Planning Board or Planning Director,
as appropriate, before the Planning Board approves a record
plat.
*
*
*
*
*
*
*
*
22A-12. Retention, afforestation, and reforestation requirements.
(e)
Standards for reforestation and afforestation.
*
(6)
Planned Unit Developments; Other Staged Development.
Notwithstanding any other provision of this Section, the Planning
Board may allow any afforestation or reforestation requirement
for a planned unit development to be calculated and satisfied
within the total area covered by the development plan.1 floating
zone plan, sketch plan, or project plan instead of the net tract
area. Similarly, the Planning Board may allow any afforestation
or reforestation requirement applicable to a staged development
subject to a single preliminary plan of subdivision but with
separate site plan reviews for each stage to be calculated and
satisfied using the total area covered by the preliminary plan of
subdivision.
*
23A-3. Applicability of chapter.
*
*
This [chapter] Chapter does not apply to a:
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*
(g)
*
*
group of persons, not related by blood or marriage, living together in a
dwelling unit as a [family] household as defmed
in
Chapter 59.
25A-2. Declaration of public policy.
The County Council hereby declares it to be the public policy of the County
to:
*
(6)
*
*
Ensure that private developers constructing moderately priced dwelling
units under this Chapter incur no loss or penalty as a result thereof, and
have reasonable prospects ofrealizing a profit on such units by virtue of
the MPDU density bonus [provision] or public benefit provisions of
Chapter 59 and, in certain zones, the optional development standards;
and
*
25A-3. Definitions.
*
*
The following words and phrases, as used in this Chapter, have the following
mearungs:
*
(r)
Chapter 59,
*
*
residential
Optional density bonus provision means any increase in density under
in a zoning classification that allows
development, above the amount permitted in the base or standard
method of development [density], whether by exercise of the optional
provisions of Chapter 59 or by any special exception or conditional use.
*
(a)
*
*
25A-5. Requirement to build MPDUs; agreements
The requirements of this Chapter to provide MPDUs apply to any
applicant who:
@
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*
*
*
(3) with respect to land in a zone not subject to subdivision approval
or site plan review, applies for a building permit to construct a
total of 20 or more dwelling units at one location.
In
calculating whether a development contains a total of 20 or more
dwelling units for the purposes of this Chapter, the development
includes all land at one location in the County available for building
development under common ownership or control by an applicant,
including land owned or controlled by separate corporations in which
any stockholder or family of the stockholder owns 10 percent or more
of the stock.
An
applicant must not avoid this Chapter by submitting
piecemeal applications or approval requests for subdivision plats, site
or development plans, floating zone plans, or building permits. Any
applicant may apply for a preliminary plan of subdivision, site
or development plan, floating zone plan, record plat.1 or building permit
for fewer than 20 dwelling units at any time; but the applicant must
agree in writing that the applicant will comply with this Chapter when
the total number of dwelling units at one location reaches 20 or more.
*
(c)
*
*
When the development at one location is in a zone where a density
bonus is allowed; and
(1)
is covered by a plan of
subdivision[,]~
(2) is covered by a plan of development.1 [or a] site plan, or floating
zone plan; or
(3) requires a building permit to be issued for construction, the
required number of moderately priced dwelling units is a variable
percentage that is not less than [12.5 percent] 12.5% of the total
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number of dwelling units at that location, not counting any
workforce housing units built under Chapter 25B. The required
number ofMPDUs must vary according to the amount by which
the approved development exceeds the normal or standard
density for the zone in which it is located. Chapter 59 [permits]
may permit bonus densities over the presumed base density
where MPDUs are provided. If the use of the optional MPDU
development standards does not result in an increase over the
base density, the Director must conclude that the base density
could not be achieved under conventional development standards,
in which case the required number of MPDUs must not be less
than [12.5 percent] 12.5% of the total number of units in the
subdivision. The amount of density bonus achieved in the
approved development determines the percentage of total units
that must be MPDUs, as follows:
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*
*
*
*
25A-IO. Executive regulations; enforcement.
*
(b)
*
This Chapter applies to all agents, successors and assIgns of an
applicant. A building permit must not be issued, and a preliminary plan
of subdivision, development plan, floating zone plan, or site plan must
not
be
approved unless it meets the requirements of this Chapter. The
Director of Permitting Services may deny, suspend or revoke any
building or occupancy permit upon finding a violation of this Chapter.
Any prior approval of a preliminary plan of subdivision, development
plan, floating zone plan, or site plan may be suspended or revoked upon
the failure to meet any requirement of this Chapter.
An
occupancy
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permit must not be issued for any building to any applicant, or a
successor or assign of any applicant, for any construction which does
not comply with this Chapter.
*
Sec. 25A-ll. Appeals.
*
*
suspension~
(a)
Any person aggrieved by any denial,
or revocation of a
or revocation of
building or occupancy permit or denial,
suspension~
approval of a preliminary plan of subdivision, development plan,
floating zone plan, or site plan may appeal to the official, agency, board,
Commission~
or
other entity designated by law to hear such appeal.
*
25B-22. Compliance.
*
*
*
*
(c)
Violations.
*
(2)
*
*
~
The Planning Board may revoke any previously approved
preliminary plan of subdivision, sketch
or site plan,
[or development plan,] upon fmding a violation ofthis Article.
25B-27. Compliance.
*
(c)
Violations; enforcement.
*
*
*
*
(2)
*
An occupancy permit must not be issued for any building
to
any
applicant, or a successor or assign of any applicant, for any
construction which does not comply with this Chapter. The
Director of Permitting Services may deny, suspend, or revoke
any applicable building or occupancy permit if the Director finds
®
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that the applicant or pennittee has committed a violation of this
Article.
approved
The Planning Board may revoke any previously
preliminary
plan
of
subdivision,
site
plan,
or [development plan,] sketch plan, if the Board finds a violation
of this Article.
31B-2. Definitions.
In
this Chapter, the following words and phrases have the following meanings:
*
(l)
*
*
Noise area
means a residential or non-residential noise area:
Residential noise area
means land in a zone established under Section
[59-C-l.l, Section 59-C-2.1, Division 59-C-3, Section 59-C-6.1,
Section 59-C-7.0, Section 59-C-8.l, Section 59-C-9.1] 2.1.3.A of
Chapter 59 for which the owner has not transferred the development
rights, or [Section 59-C-I0.l or land within similar zones established in
the future] Sections 2.1.3.B, 2.1.3.C, 2.1.3.D, 2.1.3.G, 2.1.3.H.l, or
2.1.3.H.2 of Chapter 59,
Chapter 59 does not apply.
(2)
or by a political subdivision where
407
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Non-residential noise area
means land within a zone established under
Section [59-C-4.l, Section 59-C-5.1, Section 59-C-9.l] 2.1.3.A of
Chapter 59, for which the owner has transferred the development rights,
or [Division 59-C-12 or land in similar zones established in the future]
Sections 2.1.3.E, 2.1.3.F, 2.1.3.H.3, or 2.1.3.H.4 of Chapter 59, or by a
political subdivision where Chapter 59 does not apply.
*
(a)
*
*
Under
42A-S. Reductions in parking requirements.
In share-a-ride districts or share-a-ride outreach areas.
[chapter 59, article E of this Code] Section 6.2.3.G.2 of Chapter 59, an
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No. 8-16
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office development in a share-a-ride district or share-a-ride outreach
area may obtain a reduction in its minimum parking requirements if the
office development participates in:
*
(b)
*
*
In other areas.
Under [chapter 59, article E of this Code] Section
6.2.3.1 of Chapter 59, an office development not in a share-a-ride district
or a share-a-ride outreach area may obtain a reduction in its minimum
parking requirements if the office development [provides private
ride sharing incentives] undertakes other adjustments to vehicle parking.
42A-8. Agreement recorded in land records.
(a)
Before a building permit for a facility that has been constructed with
planned participation in the share-a-ride program under this [chapter]
Chapter is issued, the [director] Director or the [planning board shall]
Planning Board must require the owner of an office development to
execute an agreement that is binding on that owner as well as all
subsequent owners of the office development.
(b)
The agreement [shall] must provide:
(1)
[For] for the participation of the owner or subsequent owners in
the share-a-ride program [under this chapter and chapter 59,
article E of this Code]; and
(2)
[That] that if the owner or a subsequent owner fails to comply
with the terms of [chapter 59, article E of this Code] the
agreement, the owner or the subsequent owner will be liable for
the penalties under this [chapter] Chapter.
(c)
The owner of the office development [shall] must record the
agreement in the [land records of the county] County land records.
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52-47. Definitions.
In
this Article the following terms have the following meanings:
*
*
(4)
(A)
*
*
*
Residential means the use of a building as a dwelling unit.
*
Multifamily-senior residential means:
multifamily housing and related facilities for elderly or
handicapped persons, as defmed in Section [59-A-2.1] 59-1.4.2,
with occupancy restricted as provided in Section [59-G-2.35(b)]
59-3.3.2.C;
(B)
multifamily housing units located in the age-restricted section
of a planned retirement community, as defined in Section
[59-C-7.441] 59-8.3.5; and
(C)
a domiciliary care home, as defined in Section [59-A-2.1]
59.. 1.4.2 and subject to Section [59-G-2.37] 59-3.3.2.E, which
consists of separate assisted living units.
*
Sec.52-55.C:redi~.
*
*
*
*
*
(b)
A property owner must receive a credit for constructing or contributing
to an improvement of the type listed in Section 52-58 if the
improvement
reduces
traffic
demand
or
provides
additional
transportation capacity. However, the Department must not certify a
credit for any improvement in the right-of-way of a State road, except a
transit or trip reduction program that operates on or relieves traffic on a
State road or an improvement to a State road that is included in a
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memorandum of understanding between the County and either
Rockville or Gaithersburg.
'"
(3)
'"
'"
An
applicant for subdivision, site plan, or other development
approval from the County, Gaithersburg, or Rockville, or the
owner of property subject to an approved subdivision
plan, development
plan,
floating
zone
plan,
or
similar
development approval, may seek a declaration of allowable
credits from the Department of Transportation.
'"
'"
'"
'"
'"
52-89. Imposition and applicability of tax.
'"
(c)
The
tax
under this Article must not be imposed on:
'"
(3)
'"
'"
any Personal Living Quarters unit built under Sec. 59-A-6.15,
which meets the price or rent eligibility standards for a
moderately priced dwelling unit under Chapter 25A;
'"
52-93. Credits.
'"
'"
(d)
*
*
*
An
applicant for subdivision, site plan, or other development approval
from the County, Gaithersburg, or Rockville, or the owner of property
subject to an approved subdivision plan, development plan, floating
zone plan, or similar development approval, may seek a declaration of
allowable credits from MCPS. CPS must decide, within 30 days after
receiving all necessary materials from the applicant, whether any public
school improvement which the applicant has constructed, contributed
to, or intends to construct or contribute to, will receive a credit under
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this subsection. If during the initial 3D-day period after receiving all
necessary materials, MCPS notifies the applicant that it needs more time
to review the proposed improvement, MCPS may defer its decision an
additional 15 days.
If MCPS indicates under this. paragraph that a
specific improvement is eligible to receive a credit, the Director of
Permitting Services must allow a credit for that improvement. IfMCPS
cannot or chooses not to perform any function under this subsection or
subsection (c), the Department of Permitting Services must perform that
function.
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525
526
527
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530
531
*
*
where provided.
(a)
*
*
*
60-5. [Same] Off-street parking facilities-Location.
*
60-6. [Same] Off-street parkin#! facilities-Exemption or reduction from tax
Tax exemption.
If the owner or lessee of real property or tangible
personal property in a parking lot district provides off-street parking
facilities that comply with all the requirements of [article 59-E] Division
6.2 of [chapter] Chapter 59 [of this Code], the real property and tangible
personal property [shall] must be exempt from the taxes levied under
[section] Section 60-3 [of this chapter].
*
(c)
Section:
*
*
To be eligible for a reduction under subsection (b) of this [section]
*
(2)
*
*
The owner or lessee [shall] must provide off-street parking
facilities that comply with all ofthe requirements of [article 59-E]
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Division 6.2 of [chapter] Chapter 59 [of this code], except for the
schedule ofrequired parking spaces;
*
(5)
*
*
535
536
The following schedule of off-street parking spaces, as a
percentage of the "schedule of requirements" under [chapter 59,
article 59-E of this Code] Division 6.2 of Chapter 59, must be
provided:
537
538
539
540
541
*
establishment served by.
*
*
60-7. [Same] Off-street parking facilities-Location of with reference to
542
543
544
*
required for exemption.
*
*
60-8. [Same] Off-street parking facilities-Availability to public or customers
545
546
*
and maintain.
*
*
60-10. [Same] Off-street parking facilities-County authorized to lease, operate
2
547
548
*
Revenue Authority.
*
*
549
550
551
60-11. [Same] Off-street parking facilities-Lease to Montgomery County
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LEGISLATIVE REQUEST REPORT
Bi1l8-16
Zoning Rewrite
-
Revisions, Clarifications and Corrections
DESCRIPTION:
Makes technical, typographical, grammatical, and other corrections to
County law necessary to conform the County Code to the Zoning
Ordinance after the Council's adoption ofZoning Ordinance 13 -04 and
subsequent amendments.
Comprehensively amending the Zoning Ordinance requires that the
County Code be updated to conform to the Zoning ordinance.
Otherwise, provisions that conflict with the Zoning Ordinance could
confuse a person trying to follow or enforce County law.
To correct technical and other errors in the County Code.
Council legal staff.
To be requested.
To be requested.
Not applicable.
Not applicable.
Amanda Mihill, Council Staff (240) 777-7815
Jeffrey Zyontz, Council Staff (240) 777-7896
The applicability of other provisions in municipalities follows the
applicability of the underlying provision of the County Code.
Not applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
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