1999 Montgomery County Zoning Ordinance

2002 Proposed Draft Amendments

Planning Commission Worksessions: March 20, 2002 & April 10, 2002

Planning Commission Public Hearing: May 8, 2002

Board of Supervisors: May 28, 2002

Additions shown in bold underline. Deletions shown in bold strikethrough.

Section 10-21. A-1 Agricultural District.

(3) Uses Permitted By Right

The following uses are permitted by right, subject to compliance with all approved plans and permits, development and performance standards contained in this chapter, and all other applicable regulations:

(a) Agriculture

(b) Agriculture, intensive

(c) Agriculture, small scale

(d) Bed and breakfast homestay

(e) Cemetery

(f) Church

(g) Dwelling, single family

(h) Farm Enterprise

(h) (i) Fire, police and rescue stations

(i) (j) Home occupation

(j) (k) Manufactured (mobile) home, Class A or B

(k) (l) Natural area

(l) (m) Park, unlighted

(m) (n) Pet, farm

(n) (o) Pet, household

(o) (p) Playground, unlighted

(p) (q) Public utility lines, other; and public utility lines, water and sewer

(q) Roadside stand operated by a farm owner or by farm operators only

(r) Sawmill, temporary

(s)School

(t) Telecommunications tower, attached

(u) Veterinary practice, animal hospital

Section 10-23. R-R. Rural Residential District.

(8) Compact development option.

(a) Lot requirements for compact option.

1. Minimum lot size. One and one-quarter (1.25) (1.0) acres, provided that no less than twenty-five (25) percent of the gross area parent tract is preserved in permanent green space, as defined herein.

2. Minimum required green space.

(a) Minimum lot area. Twenty-five (25) percent of the gross area parent tract. No one (1) lot of such required green space in any compact development shall be less than fourteen (14,000) square feet. Green space may include active or passive recreational uses, and may be held in either public or private ownership. Green space established for the purposes of meeting the requirements of this provision shall not be included as part of any residential lot, and shall be restricted from any future development by the establishment of permanent conservation easements held in perpetuity by a public or private entity acceptable to the county. Accessory structures such as picnic shelters, ball fields, and nature trails shall be permitted in the green space. Parking areas and enclosed buildings are prohibited on the green space.

(c) Minimum width. One hundred and twenty (120 100) feet at the setback line of the front yard.

Section 10-25. R-2 Residential District

(8) Compact development option.

(a) Lot requirements for compact option.

1. Minimum lot size. Fourteen Eleven thousand (14,000 11,000) square feet, provided no less than twenty-five percent of the gross area of the parent tract is preserved in permanent green space, as defined herein.

2. Minimum required green space.

(c) Minimum width. Eighty Seventy (80 70) feet at the setback

line of front yard.

Section 10-27. RM-1 Multiple-Family Residential District.

(5) Lot requirements.

(d) Minimum green space.

3. Multi-family and single-family attached developments of more than twenty (20) individual units shall create an active recreation area of no less than ten thousand (10,000) square feet in area and incorporate a playground and items such as tot lots, school bus shelters and other community facilities deemed appropriate by the zoning administrator at time of site plan review.

Section 10-41. Supplemental District Regulations.

(19) Farm Enterprises. Farm enterprises, as defined in Article VI of this chapter, are permitted in the A-1 Agriculture District subject to the following requirements:

(a) The gross floor area of any structure(s) devoted to the farm enterprise use shall not exceed two thousand (2,000) square feet.

(b) In addition to family members residing on the farm or the farm operators, up to two (2) nonresident, nonfamily employees (equivalent to two full-time workers at 40 hours per week) are permitted to be engaged in the enterprise on an annual basis.

(c) Structures and parking areas shall be located at least one hundred (100) feet from any residential zoning district and adjacent dwellings, other than the owner's dwelling.

(d) At least thirty (30) percent by retail value of the products sold from the farm enterprise on an annual basis shall have been grown or produced on the farm.

(e) Hours of operation shall be limited to the hours between 7 a.m. and 10 p.m.

(f) One sign shall be permitted and shall be non-illuminated and not exceed twenty (20) square feet in area.

(g) The enterprise must front on at least one public road.

Section 10-45. Sign regulations.

(a) General provisions.

(6) Nonconforming signs.

(f) A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding fifty (50) percent of its appraised replacement value may be restored within two (2) years after such destruction or damage but shall not be enlarged in any manner. If such sign is so destroyed or damaged to an extent exceeding fifty (50) percent, it shall not be reconstructed except for a sign which would be in accordance with the provisions of this Article.

(10) Monument signs. The base of a monument sign is the structure or apparent structure in direct contact with the ground that supports or appears to support the message portion of a monument sign. All monument signs shall have a minimum base height of 18 inches and a maximum of 4 feet. The width of the base shall not exceed twice the height of the total structure and shall not extend more than one foot beyond either outside edge of the message portion of the sign. The minimum width of the base shall be one-half the width of the message portion of the sign.

Section 10-47. Nonconformities.

(4) Nonconforming uses.

(a) Expansion of nonconforming use. A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of this chapter. The replacement of accessory dwellings shall not be considered an expansion or enlargement of a non-conforming use provided the replacement is conducted in accordance with subsection d of section 10-41 (5) of this chapter.

Section 10-52. Administration, Enforcement and Public Hearings.

(1) Administration.

(b) Fees. The County Administrator shall recommend and the Board of Supervisors shall adopt a schedule of fees to be paid upon the filing of each application specified in this Ordinance. Application fees are hereby waived for the following:

1. Applications for requested amendment from any district to a C-1 or A-1 district.

2. Applications for amendment, Special Use Permit, or commission permit sought by the following governmental agencies:

a. Montgomery County School Board.

b. PSA- Public Service Authority

c. Fire and rescue companies serving Montgomery County.

d. Any agency, board or division acting in the name of the Board of Supervisors of Montgomery County.

(c) Submission Requirements. The Board of Supervisors shall adopt by resolution regulations enumerating those materials required to be included with each application provided for in this Ordinance, which materials shall constitute the minimum submission requirements for such application and be consistent with the requirements of this Ordinance. Such submission requirements shall include a letter signed by the applicant and by the owner of the property granting the right of entry upon the property to the Zoning Administrator, law enforcement agents, and County inspectors for the purpose of inspecting, and bringing law enforcement to the property, during the term of any permit which may be issued. Such submission requirements shall also include, in the case of any application for a Zoning Map Amendment, Zoning Ordinance Modification, Zoning Concept Development Plan Amendment, Special Use Permit, Variance, Site Plan or Zoning Permit, the provision of satisfactory evidence from the Treasurer's Office that any real estate taxes due and owed to the County which have been properly assessed against the property have been paid and that the property shall be in compliance with all county ordinances upon submission of such application. Revisions to the list of those materials required necessitated by an amendment to this Ordinance shall be attached to such amendment for concurrent consideration and adoption by resolution of the Board of Supervisors. If the application is a reclassification to a non-Planned Unit Development district, a rezoning plat shall be required.

(2) Enforcement and Penalties

(b) General Provisions.

4. Upon becoming aware of any violation, the Zoning Administrator shall serve notice of such violation on the person committing or permitting the same, and the landowner. The Administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The Administrator may establish a reasonable time period for the correction of the violation, and, however in no case shall such time period exceed thirty (30) days from the date of written notification, except that the Administrator may allow a longer time period to correct the violation if the correction would require the structural alteration of a building or structure. If the violation is not corrected within the time period specified in the first notification, a second written notice shall be sent. The second notification shall request compliance with these provisions within a period not to exceed seven (7) days. If such violation has not ceased within such reasonable time as the Zoning Administrator has specified in such notice the Zoning Administrator shall institute such action as may be necessary to terminate the violation.

(d) Civil violations.

5. The violation of any of the following ordinance provisions shall constitute a civil violation:

a. Violations of ß10-45 regarding signs.

b. Violations of ß10-41(14) regarding inoperable vehicles.

c. Violations of ß10-53(1), regarding zoning permits.

Section 10-61. Definitions.

Automobile Grave Yard: Any lot or place which is exposed to the weather and upon which two (2) five (5) or more inoperative vehicles are place, located or found. An automobile graveyard is considered to be a junkyard.

Farm Enterprise: An agricultural or silvicultural based process, activity or business use of a property that is subordinate to and conducted in conjunction with an ongoing bona fide agricultural, horticultural, aquaculture or silvicultural operation. Activities of a farm enterprise may include, but are not limited to, the following uses such as secondary processing and/or retail sale of agricultural, horticultural or silvicultural products, farm tours, petting, feeding and viewing of farm animals, hayrides, annual festivals, crop mazes, animal walks and horse and pony rides. This definition would not include land application of sludge, sawmills, meat processing plants, slaughterhouses, wood processing and similar uses that are regulated by Special Use Permit in the Agricultural (A-1) zoning district, nor does it include any uses that are specified and limited to zoning districts other than Agriculture (A-1).

Monument Sign: A freestanding sign attached to a continuous structural base, which base is not less than half the width of the message portion of the sign and is permanently affixed to the ground. Monument signs do not include freestanding signs supported by poles.