Montgomery County Unincorporated
City Zoning Code

1.   the procedures for amendment of a development plan under the zoning ordinance in effect on October 29, 2014;

2.   the parking, queuing, and loading standards in Division 6.2; and

3.   the signage standards in Division 6.7.

Division 7.7 does not apply to the zones in Article 59-8.

A.   Residential Townhouse -6.0 (RT-6.0),

B.   Residential Townhouse- 8.0 (RT-8.0),

C.   Residential Townhouse- 10.0 (RT-10.0),

D.   Residential Townhouse- 12.5 (RT- 12.5),

E.   Residential Townhouse- 15.0 (RT-15.0), and

F.   Multiple-Unit, high-rise planned residential (R-H).

1.   The RT zones provide suitable sites for townhouses in sections of the County:

a.   that are appropriate for residential development at densities allowed in the RT zones; or

b.   where a buffer or transitional use is needed between commercial, industrial, or high-density Multi-Unit Living uses and low-density Single- Unit Living uses.

2.   The RT zones should:

a.   provide maximum freedom in the design of townhouses, including grouping and layout within the areas classified in that zone;

b.   provide the amenities normally associated with less dense zoning categories;

c.   permit different types of ownership of townhouses and townhouse developments;

d.   prevent detrimental effects on adjacent properties or the neighborhood; and

e.   promote the health, safety, and welfare of the current and future inhabitants of the district and the County.

1.   The R-H zone should:

a.   provide suitable sites for relatively high density residential development;

b.   create economies in the construction and operation of public services such as transportation, retail shopping facilities, and other community facilities that depend upon convenient access by residents of the area;

c.   prevent undue congestion in sections of the County where such public services are not currently available or cannot be conveniently and economically provided;

d.   provide maximum freedom in the design of residential structures, including grouping and layout within the areas classified in that zone;

e.   prevent detrimental effects on adjacent properties or the general neighborhood; and

f.   promote the health, safety, and welfare of the current and future inhabitants of the district and the County.

2.   A development in the R-H zone must provide the maximum possible light, air, and open space for the benefit of the residents and the surrounding area.

A.   Section 3.1.1 through Section 3.1.4 apply to the Use Table in Section 8.2.3.

B.   The following Use Table identifies uses allowed in each zone. Uses may be modified in Overlay zones under Division 4.9.

a.   the RT portion of the combined tracts is only used for uses allowed in the RT zone;

b.   the number of dwelling units in the combined tract does not exceed the total number permitted on the separate tracts;

c.   the amount of green area in the combined tract is, at a minimum, the total required for the separate tracts;

d.   the number of parking spaces in the combined tract is, at a minimum, the total number required for the separate tracts; and

e.   the 2 or more tracts to be developed share a common boundary with one another.

3.   Site plan approval is required under Section 7.3.4.

a.   The development standards in Section 8.2.4.B may be modified as follows:

b.   The form standards under Section 8.2.4.B.4 may be waived.

1.   An outdoor lighting fixture located on a parking lot may be a maximum of 10 feet above ground level and must not shine in apartment windows or reflect or cause glare into abutting or facing premises.

2.   An interior road may be private or public. A private road must:

a.   have a minimum width of 20 feet for two-way traffic;

b.   have a minimum width of 10 feet for one-way traffic; and

c.   be paved and maintained in good repair.

3.   The R-H zone prohibits a development with an inner court. The width of an outer court must be calculated as the distance between buildings under Section 8.2.5.B.2.

4.   Site plan approval is required under Section 7.3.4.

1.   The green area may be reduced to a minimum of 35%, if required to accommodate the construction of all workforce housing units on-site.

2.   The requirements for setbacks and distances between apartment buildings may be reduced if an applicant can demonstrate during site plan review that such reductions are necessary to accommodate the increased density.

A.   Planned Development (PD),

B.   Town Sector (T-S),

C.   Planned Neighborhood (PNZ),

D.   Planned Retirement Community (PRC), and

E.   Planned Cultural Center (PCC).

1.   The PD zone should implement the general plan for the Maryland-Washington Regional District and the area master plans by permitting unified development consistent with densities proposed by master plans. This zone provides a flexibility of design that better integrates mutually compatible uses and optimum land planning with greater efficiency, convenience and amenity than conventional zoning categories. The PD zone should be used to implement the general plan, area master plans, and other pertinent county policies in a manner and to a degree that is more compatible with these county plans and policies than under other zoning categories.

2.   A development in the PD zone should be designed and constructed to encourage social and community interaction and activity among those who live and work within an area and to encourage the creation of a distinctive visual character and identity for each development. A development in this zone should have a balanced and coordinated mixture of residential and convenience commercial uses, other commercial and industrial uses shown on the area master plan, and related public and private facilities.

3.   This zone should also:

a.   encourage a broad range of housing types, including owner and rental occupancy units, one-family, multiple-family, and other structural types;

b.   preserve trees by minimizing the amount of grading necessary for construction of a development;

c.   encourage open space:

i.   for use as setbacks and yards surrounding structures and related walkways;

ii.   for use as places for relaxation, recreation, and social activity for the general benefit of the community and the public conveniently located near residential and commercial concentration;

iii.   as part of the plan and design of each development to achieve the physical and aesthetic integration of the uses and activities within each development;

d.   encourage and provide for the development of comprehensive pedestrian circulation networks, separated from vehicular roadways, which link residential areas, open spaces, recreational areas, commercial and employment areas, and public facilities, and thereby minimize reliance upon the automobile; and

e.   encourage developments on a large area of land with a large number of dwelling units that offer opportunities for a wider range of related residential and nonresidential uses.

4.   A development in the PD zone should also maximize the safety, convenience, and amenities for both the residents of the development and the residents of neighboring areas while remaining compatible with existing and proposed surrounding land uses.

a.   All types of Residential Uses, including Accessory Residential Uses, listed in Section 3.1.6 are allowed. All Group Living uses must be shown on the Development Plan. Residential Care Facilities (Over 16 persons) are subject to the standards in Section 3.3.2.E.2.c.ii and conditional use approval by the Hearing Examiner under Section 7.3.1.

b.   The various dwelling unit types must be planned and constructed according to the following table. The table establishes, by density category and size of development, the minimum percentage required for each dwelling unit type within a planned development. All remaining dwelling units not included in the minimum requirements may be of any type or combination of types permitted in the applicable density category and development size, provided the maximum percentage is not exceeded in any instance.

c.   Short-Term Residential Rental is allowed as a limited use under Section 3.3.3.I.

a.   The District Council may approve a pedestrian-oriented local commercial facility that is not indicated on the master plan for the area in which the proposed development is located if the Council finds the proposed facility is compatible with the development, and necessary to serve the residents of the proposed development and adjacent residential developments; and

i.   if the number of dwelling units shown on the development plan is greater than 500, any Retail/Service Establishment or Office may be allowed up to a maximum of 10 square feet of gross floor area per dwelling unit; or

ii.   if the number of dwelling units shown on the development plan is greater than 1,000, any Retail/Service Establishment or Office may be allowed up to a maximum of 20 square feet of gross floor area per dwelling unit.

b.   A commercial or industrial use may be allowed in addition to a local commercial facility under Section 8.3.2.B.2.a, if:

i.   the use is proposed by the appropriate master plan and located within the area covered by the PD zone; and

ii.   the use is designed and located to achieve the purposes of the PD zone and to be compatible with other uses within and adjacent to the development.

c.   A Transitory Use is allowed and must satisfy the limited use standards under Section 3.5.15.C.2.

a.   a noncommercial community recreational facility for the exclusive use of the residents of the development and their guests;

b.   a nonresidential, noncommercial use if the District Council finds that it is compatible with the planned development and satisfies the compatibility requirements of Section 8.3.2.D.

c.   a Cable Communications System as a conditional use under Section 3.5.2.A; or

d.   any conditional use allowed in the R-90 zone, as shown in the use table in Section 3.1.6 if the District Council finds that the use meets any applicable use standard in Article 59-3 and satisfies the findings for conditional use approval under Section 7.3.1.E. If the use is proposed after the District Council has approved the development plan, a petition for a conditional use must be filed with the Hearing Examiner. The Hearing Examiner may approve the conditional use if it finds the use is:

i.   consistent with the design standards of the development plan; and

ii.   satisfies the applicable use standards in Article 59-3 and the requirements of Section 7.3.1.E; or

iii.   not consistent with the design standards of the development plan, but the approval is contingent on the District Council's approval of an amendment to the development plan that incorporates the conditional use.

e.   an Antenna on an Existing Structure and related unmanned equipment building, equipment cabinet, or equipment room under Section 3.5.14.C.

1.   The maximum density allowed, and minimum green area required for the PD zone, are indicated in the following table:

2.   Density of Residential Development

a.   The density of development must not exceed the density permitted by the density category granted except:

i.   the maximum density allowed under Section 8.3.2.C.1 may be increased to accommodate the construction of MPDUs if:

(a)   the number of MPDUs for a project with a residential density of less than 28 dwelling units per acre is at least the number of bonus density units or 12.5% of the total number of dwelling units, whichever is greater; or

(b)   the number of MPDUs for a project with a residential density of more than 28 dwelling units per acre must be at least 12.5% of the total number of dwelling units under Chapter 25A;

ii.   the maximum density allowed under Section 8.3.2.C.1 may be increased for any project with a residential density at or above 40 dwelling units per acre that includes workforce housing units under Chapter 25B;

iii.   the District Council may approve a density bonus of up to 10% above the maximum density specified in the approved and adopted master plan for the provision of TDRs, if the use of TDRs is recommended for the site;

iv.   the District Council may approve an increase in density for Independent Living Facilities for Seniors or Persons with Disabilities, as defined in Section 3.3.2.C.1, within a planned development if:

(a)   the total number of dwelling units within that portion of the site proposed for such housing is a maximum of 3 times the density permitted under the density category requested and a minimum of 20% of such dwelling units are MPDUs under Chapter 25A;

(b)   the density for the remainder of the property does not exceed the density permitted under the density category requested;

(c)   the total area of the planned development is a minimum of 3 acres;

(d)   the site is accessible to public or private transportation, medical services, shopping areas, and recreational and other community services frequently required by senior adults and persons with disabilities;

(e)   the Independent Living Facilities for Seniors or Persons with Disabilities will be situated on a maximum of one-third of the total site;

(f)   the development satisfies the compatibility requirements of Section 8.3.2.D; and

(g)   the increased density to accommodate such housing is in the public interest, taking into account the increased size and bulk of buildings and the impact on public facilities.

b.   For a zoning application requesting increased density for an Independent Living Facility for Seniors or Persons with Disabilities:

i.   the Hearing Examiner must transmit the zoning application to the Department of Health and Human Services and to the Department of Housing and Community Affairs within 5 days after the zoning application is filed for their recommendation to the Hearing Examiner;

ii.   the table in Section 8.3.2.B.1.b, containing the minimum requirements for the mixture of residential housing types within a planned development, does not apply to any Independent Living Facility for Seniors or Persons with Disabilities approved under Section 8.3.2; and

iii.   the parking requirements of Division 6.2 applicable to Independent Living Facility for Seniors or Persons with Disabilities may be increased if the development plan proposes a project primarily concerned with providing facilities for independent living.

1.   All uses must:

a.   achieve the purposes under Section 8.3.2.A;

b.   be compatible with the other uses proposed for the planned development; and

c.   be compatible with other uses existing or proposed adjacent to or in the vicinity of the area covered by the proposed planned development.

2.   If a site in a PD zone adjoins land for which the area master plan recommends a Residential Detached zone, the property owner may:

a.   only construct a detached house building type within 100 feet of such adjoining land; and

b.   not construct any building at a height greater than its distance from such adjoining land.

3.   Section 8.3.2.D.2.a may be waived by the Planning Board if the:

a.   area master plan recommends a use other than Single-Unit Living for the property immediately adjoining the area where the waiver is to occur; and

b.   present or future use of the immediately adjoining property would not be adversely affected by the waiver.

4.   The Planning Board may waive Section 8.3.2.D.2 for a site located within or in close proximity to a central business district or transit station development area if it finds that:

a.   the master or sector plan recommends reduced setbacks;

b.   the reduced setbacks are compatible with existing or proposed development in the adjoining or confronting Residential Detached zones; and

c.   the maximum building height is 50 feet.

5.   The Planning Board may waive Section 8.3.2.D.2 for a site located within or in close proximity to a historic district if it finds that:

a.   reduced setbacks or increased building height would facilitate the preservation, reuse, or redevelopment of a designated historic district;

b.   the immediately adjoining property would not be adversely affected by the waiver; and

c.   the maximum building height is 50 feet.

6.   Compliance with these requirements does not, by itself, create a presumption of compatibility.

1.   The T-S zone is designed to permit development of or additions to planned new towns or additions to existing urban developments. Such towns must contain, to the extent possible, all of the residential, commercial, civic and institutional, and industrial facilities needed to make a town reasonably self-sufficient for all purposes, except major employment and central business district shopping. A development in the T-S zone must:

a.   provide for the maintenance of open space;

b.   locate streets and highways to assure orderly traffic circulation;

c.   include housing for families of low and moderate incomes; and place a wide variety of types of housing accommodations in an efficient and orderly design.

2.   A new town located on a substantially undeveloped site must:

a.   be self-sufficient and contain, as nearly as possible, all of the commercial, employment, cultural, and recreational facilities desirable and necessary for the satisfaction of the needs of its residents;

b.   include a wide variety of residential facilities to offer a wide range of structural types, site planning layouts and arrangements, and rental and purchase prices;

c.   have an urban rather than rural density that would:

i.   facilitate travel between residential, commercial, employment, and other types of areas;

ii.   make the most efficient use of public utilities;

iii.   permit the incorporation of large amounts of open land within the town for recreational and scenic purposes;

iv.   have or plan for the construction of transportation facilities adequate to serve the anticipated total population; and

v.   have public sewer and water available at the site or planned for construction.

3.   The T-S zone is designed to:

a.   eliminate some of the specific restrictions which regulate, in other zoning categories, the height, bulk, and arrangement of buildings and the location of the various land uses;

b.   provide for more flexibility in development;

c.   achieve flexibility of design, integration of mutually compatible uses, and optimum land planning with greater efficiency, convenience, and amenity than the standards permitted by right and required in conventional zoning categories; and

d.   preserve and take the greatest possible aesthetic advantage of trees by minimizing the amount of grading necessary for construction of a development.

1.   A use described on the approved development plan is allowed by right in the T-S zone.

2.   All uses authorized in any zone, by right or as conditional uses, may also be authorized in the T-S zone if the use is shown on the approved site plan or the site plan is first amended under Section 7.3.4.J.

3.   An amendment to the site plan is not required for construction of accessory buildings and additions or modifications to existing detached houses, townhouses, and accessory buildings if:

a.   the Planning Board has approved homeowners association documents establishing a procedure to review such development prior to construction; and

b.   the development is approved under this procedure.

4.   No use may occupy a location other than indicated on the approved site plan.

5.   An area designated as residential on the development plan must only include the residential portion of the T-S zone and accompanying facilities such as local retail areas, public school sites, local recreational and open space areas, and public roads. A residential area must only include:

a.   a detached house used for:

i.   Single-Unit Living;

ii.   a professional office for use by not more than one member of a recognized profession who is a resident of the dwelling and by not more than one nonresident assistant. Recognized professions include medicine, dentistry, law, accounting, and architecture; they do not include businesses such as insurance, real estate, etc. A professional office must be incidental to the principal use of the building as a dwelling and must not include a medical, dental, or veterinary clinic or in-patient treatment facility;

iii.   any other permitted or limited use allowed in the R-90 zone under Article 59-3;

iv.   any conditional use allowed in the R-90 zone under Article 59-3, subject to the grant of a conditional use permit under Section 7.3.1;

b.   an apartment building used for:

i.   Household Living up to the maximum number of dwelling units indicated on the site plan;

ii.   an office for the rental, operation, service, and maintenance of an apartment building or group of buildings;

iii.   any other permitted or limited use in the R-30 zone under Article 59-3;

iv.   any conditional use allowed in the R-30 zone under Article 59-3, which must also satisfy Section 7.3.1;

v.   any commercial use allowed in the NR zone under Article 59-3 if:

(a)   commercial uses are on separate floors than residential uses; and

(b)   the total floor area used for commercial purposes does not exceed the amount indicated on the site plan; and

c.   an Independent Living Facility for Seniors or Persons with Disabilities.

6.   An Antenna on an Existing Structure that satisfies the limited use standards in Section. 3.5.14.C is allowed.

7.   Privately owned roads and community open spaces may be held in perpetuity by the developer or by an approved home owners association with substantial membership and duration if the Planning Board approves easements for such uses granted to the County and recorded in the land records of the County.

8.   All utility lines in the T-S zone must be placed underground. The developer or subdivider must ensure final and proper completion and installation of utility lines under Section 50-40(c). The developer must provide street lighting satisfying the standards contained in the approved site plan. A use-and-occupancy permit must not be issued for any building which is not served by an approved sewer and water supply.

a.   Each development in the T-S zone must have a minimum area of 1,500 acres unless a sectional map amendment reduces the area zoned T-S to less than 1,500 acres.

b.   A maximum of 10% of the total area of the town sector may be devoted to commercial purposes. All required parking for commercial purposes must be included within the 10% calculation.

c.   A maximum of 6% of the total area of the T-S zone may be devoted to industrial purposes and other major employment facilities.

d.   A minimum of 10% of the total area of the T-S zone must be devoted to open space. This open space may include publicly owned, community-wide, or common open space and facilities, but must not include streets and parking areas.

a.   The population of the T-S zone must be planned for a maximum of 15 persons per acre based upon the total area within the T-S zone. However, the planned population may be increased by an amount equal to the population to be housed in MPDUs included in the development plan under Chapter 25A if the total increase in population does not exceed 22% of the population that would otherwise be permitted.

b.   To calculate density:

i.   dwelling units in detached houses must be assumed to have an average occupancy of 3.7 persons;

ii.   dwelling units in townhouses must be assumed to have an average occupancy of 3 persons;

iii.   apartment buildings less than 50' in height must be assumed to have an average occupancy of 3 persons per dwelling unit; and

iv.   apartment buildings 50' in height or higher must be assumed to have an average occupancy of 2 persons per dwelling unit.

1.   A development in the T-S zone requires site plan approval under Section 7.3.4. The site plan approval must establish standards for width and area of lots, side and rear yards, setbacks, lot coverage, height and grouping of buildings, and similar requirements.

2.   In applying Section 8.3.3.D.1, the Planning Board may waive the substantive requirements of Chapter 50 and certain requirements of Division 6.2 (including the number of parking spaces described in Division 6.2) if it finds that the waiver would allow greater flexibility of development consistent with the purposes of the zone and promote more attractive and more efficient overall planning and design. However, the Planning Board must not waive:

a.   the adequate public facilities requirements of Chapter 50 (Section 50-35(k)); or

b.   the provisions of Section 7.3.4.D through Section 7.3.4.K.

3.   Record plats must indicate that the land is in the T-S zone and include a notation with a statement:

a.   describing all of the land which is designated for common or quasi-public use, but not to be in public ownership. This statement must grant to the public, on such land, easements covering all rights of development, construction or use other than the recreational or other quasi-public uses indicated in the approved site plan, except that, at the time of site plan approval, utilities easements may be excluded from specified areas; and

b.   that the plat satisfies the approved site plan, that development of the land is permitted only if it satisfies the approved site plan, the accompanying agreements concerning the ownership and maintenance of common land are on file at the offices of the Planning Board, and that application for reclassification is prohibited until 50 years after the grant of the T-S zone.

1.   be large enough to provide a child population sufficient to use at least one public elementary school of optimum size and location for convenient and economic operation;

2.   have adequate retail shopping facilities to provide for the day-to-day needs of the residents of the neighborhood; and

3.   to the extent possible, locate all major transportation arteries at the perimeter of the site. Where this is not possible, a grade-separated pedestrian walkway system must be constructed to provide for safe pedestrian crossing of such heavily traveled roadways. In addition, each planned neighborhood must include bikeways, sidewalks, and other appropriate walkways to provide for safe, direct, and convenient movement of pedestrians to local schools, shopping, and recreation areas.

4.   Moderately priced housing should be available within the neighborhood.

1.   a detached house used for:

a.   Single-Unit Living;

b.   professional office for the practice of medicine, dentistry, law, accounting, or architecture by a resident of the dwelling, incidental to its principal use as a dwelling, and with the assistance of only one nonresident;

c.   any other permitted or limited use allowed in the R-90 zone under Article 59-3 ; or

d.   any conditional use allowed in the R-90 zone under Article 59-3,which must also satisfy Section 7.3.1;

2.   an apartment used for:

a.   Household Living, up to the maximum number of units indicated on the site plan;

b.   an office for the rental, operation, service, and maintenance of an apartment building or group of buildings;

c.   any other permitted or limited use in the R-30 zone under Article 59-3; or

d.   any conditional use allowed in the R-30 zone under Article 59-3, which must also satisfy Section 7.3.1;

3.   any commercial use allowed in the NR zone under Article 59-3, except a Recreational and Entertainment Facility, located on a property of no more than 15 acres at any one location if:

a.   a market analysis of the local trade area, filed as a part of the development plan, indicates a need for the amount of commercial use proposed; and

b.   the adopted master plan recommends commercial use within the area covered by the application; or

c.   there are inadequate local shopping areas, either existing or proposed on a master plan, within a reasonable distance and with reasonable access from the site;

4.   an Antenna on an Existing Structure that satisfies the limited use standards in Section 3.5.14.C;

5.   a Transitory Use that satisfies the limited use standards in Section 3.5.15.C;

6.   an Independent Living Facility for Seniors or Persons with Disabilities; or

7.   utility lines, which must be placed underground. The developer or subdivider must ensure final and proper completion and installation of utility lines as provided in Chapter 50 (Section 50-40(c)). The developer must provide street light standards that satisfy the approved site plan.

a.   The number of dwelling units in a planned neighborhood must be planned to house no more than 15 persons per acre calculated by multiplying the number of each type of dwelling unit by the appropriate estimated number of persons in each unit shown on the table in Section 8.3.4.C.1.c.

b.   The maximum density of the development may be increased by 112% of the population to be housed in MPDUs provided under Chapter 25A, provided that the total increase in density is increased by no more than 22% of the population which would otherwise be permitted.

c.   Estimated Number of Persons Per Unit

1.   In addition to land that must be dedicated for public use under Chapter 50, land must be reserved for:

a.   streets as required by the Planning Board and DPS;

b.   public schools as required by the Planning Board and the appropriate staff of the Board of Education;

c.   playgrounds and local parks as required by the Planning Board; and

d.   minor stream valley and other conservation areas as required by the Planning Board in accordance with the character of the site.

2.   All land area which is dedicated for the public purposes in Section 8.3.4.D.1 may be included in the computation of the allowable population density under Section 8.3.4.C.1.

3.   Final decisions concerning the public facility land requirements in Section 8.3.4.D and standards for properties proposed for the PNZ zone must be made at the time the plan is approved.

1.   The PRC zone permits the establishment of a planned retirement community that:

a.   is accessible to or providing within it most of the day-to-day recreational, medical, retail, commercial, and similar services required by the residents;

b.   satisfies the comprehensive development plan approved by the Planning Board; and

c.   is coordinated with the surrounding uses, including a maximum of safety, convenience, and amenity for the residents of the development.

2.   A development in the PRC zone must have adequate highway access, public water and sewer, and public services based upon the size of the development (in acres) and the use of the site. A development in the PRC zone should:

a.   have a minimum of impact upon surrounding land;

b.   have adequate open spaces adjacent to its boundaries;

c.   take the greatest possible aesthetic advantage of existing trees; and

d.   minimize the amount of grading necessary for construction.

a.   A PRC development of 750 acres or more must have:

i.   dwelling units;

ii.   a retail commercial center, limited to the uses permitted in the NR zone under Article 59-3, and occupying a maximum of 1 .5% of the gross area, including off- street parking;

iii.   necessary accessory buildings and uses, including facilities for maintenance, administration, fire prevention and safety, streets and off-street parking facilities; and

iv.   one or more of the following recreational, educational, and cultural facilities:

(a)   a golf course, 18 holes;

(b)   a lake;

(c)   a clubhouse;

(d)   a swimming pool;

(e)   a auditorium or meeting hall or both;

(f)   a bowling green;

(g)   a shuffleboard court; or

(h)   a medical facility, including an out-patient clinic.

b.   A PRC development of less than 750 acres must include:

i.   dwelling units;

ii.   meeting rooms; and

iii.   recreational facilities, such as a swimming pool, shuffleboard court, golf course, or similar facilities, designed to meet the passive and active recreation requirements of the planned retirement community residents, consistent with the size of the project.

a.   A PRC development may also include:

i.   a Hotel,Motel located in the age-restricted community for use predominantly by guests of permanent residents, occupying a maximum of 5 acres of land;

ii.   a Home Occupation in the age-restricted section subject to the regulations of:

(a)   the R-60 zone for a dwelling unit in a detached house;

(b)   the RT-6.0 zone for a dwelling unit in a townhouse or duplex; or

(c)   the R-30 zone for a dwelling unit in an apartment building;

iii.   a Day Care Facility;

iv.   a Hospital;

v.   a Residential Care Facility;

vi.   a recreational, educational, and cultural facility not otherwise required by this section which is consistent with the purposes of this zone;

vii.   a Public Utility Structure;

viii.   an Antenna on Existing Structure that satisfies the limited use standards in Section 3.5.14.C;

ix.   a Helistop (temporary);

x.   a Transitory Use that satisfies the limited use standards in Section 3.5.15.C;

xi.   a retail commercial use allowed in the NR zone under Article 59-3, which mainly serve the residents of the development;

xii.   a Religious Assembly; and

xiii.   one or more of the following recreational and medical facilities available on a reasonable basis for the exclusive use of the residents and others designated by any party holding title to such facilities, in trust or otherwise:

(a)   a golf course;

(b)   a clubhouse;

(c)   a swimming pool; and

(d)   a medical facility, including an out-patient clinic.

b.   In the age-unrestricted area of the development, other permitted and limited uses are allowed based on the following zones:

i.   in an area designated by the approved development plan for detached house dwelling units, the R-60 zone, under Article 59-3;

ii.   in an area designated by the approved development plan for townhouse or duplex dwelling units, the RT-6.0 zone, under Section 8.2.3; or

iii.   in an area designated by the approved development plan for dwelling units in apartment buildings, the R-30 zone,under Article 59-3.

a.   In the age-unrestricted area, conditional uses may be allowed under Article 59-3 and Section 7.3.1 based on the following zones:

i.   in areas designated by the approved development plan for detached house dwelling units, the R-60 zone, under Article 59-3; or

ii.   in areas designated by the approved development plan for duplex or townhouse dwelling units, the RT-6.0 zone, under Section 8.2.3; or

iii.   in areas designated by the approved development plan for dwelling units in apartment buildings, the R-30 zone, under Article 59-3.

4.   The property owner must obtain a floating zone plan amendment under Section 7.2.1 for any use that is not shown on an approved development plan unless the use is located in a dwelling unit and is subordinate to the residential use of that unit.

a.   A planned retirement community of less than 750 acres must be restricted to permanent residents 50 years of age or over, except that a disabled relative may reside with a permanent resident. Restrictions on residency in a planned retirement community are subject to the Fair Housing Amendments Act of 1988, as amended. There must be no more than 10 dwelling units per acre, except as allowed under Section 8.3.5.C.2.c.

b.   A planned retirement community of 750 acres or more may include a section in which there is no restriction on the age of residents. The facilities listed in Section 8.3.5.B.1.a are not required in this age-unrestricted section and land must be dedicated for public school sites.

i.   In the age-restricted section, an area containing a minimum of 60% of the total number of dwelling units must be restricted to permanent residents 50 years of age or over, except that a disabled relative may reside with a permanent resident. Restrictions on residency are subject to the Fair Housing Amendments Act of 1988 as amended. The age-restricted part of the planned retirement community must not have more than 10 dwelling units per acre, including the retail commercial center and the associated off-street parking, except as allowed under Section 8.3.5.C.2.c.

ii.   The age-unrestricted section must have less than 7 dwelling units per acre, except as allowed under Section 8.3.5.C.2.c.

c.   MPDUs must be included in each section (age-restricted and unrestricted) under Chapter 25A, including provisions for density bonus. The requirement to provide MPDUs does not apply to the age-restricted section of a planned retirement community for which construction was initiated prior to the adoption in 1974 of Chapter 25A. (Laws of Montgomery County, 1974, ch. 17, sec. 1, et seq.) All development on any property added to the age-restricted area after April 4, 1994 will be subject to the provisions of Chapter 25A.

a.   In a development of 750 acres or more, all buildings and structures must be set back:

i.   a minimum of 50 feet along a maximum of 40% of the length of the tract boundary; and

ii.   a minimum of 100 feet along the remainder of the tract boundary.

iii.   In spite of the above:

(a)   there is no minimum setback requirement for an entrance gate house; and

(b)   the setback may be reduced to a minimum of 10 feet along any portion of the tract boundary adjoining land owned or occupied by a public utility.

b.   In a development of less than 750 acres, all buildings and structures must be set back:

i.   the minimum setback of the adjacent zone; and

ii.   an additional setback of at least 2 feet for each foot of building height above 35 feet must be provided from an adjacent detached house residential development.

a.   In a development of 750 acres or more:

i.   a maximum of 15% of the gross area may be covered by residential buildings; and

ii.   a minimum of 65% of the gross area must be devoted to green area.

b.   In a development of less than 750 acres, a minimum of 50% of the gross area must be devoted to green area.

a.   The maximum height of any building is 100 feet, except a church tower.

b.   In a development of 750 acres or more:

i.   a minimum of 65% of the total number of dwelling units must be contained in buildings that are a maximum height of 35 feet; and

ii.   a residential building over 39 feet in height must be set back a minimum of 500 feet from any boundary line of the planned retirement community.

a.   Off-street parking must be provided under Division 6.2.

b.   Interior roads not dedicated to public use must have a minimum width of 22 feet for two-way traffic and 12 feet for one-way traffic and must be paved and maintained in good repair.

c.   Land required for sites for public schools in any age-unrestricted section must be dedicated under the requirements of the subdivision regulations.

1.   Site plan approval is required under Section 7.3.4.

2.   An application to reclassify land in the PRC zone within 50 years after the land was classified in this zone must not be approved.

1.   The PCC zone creates appropriate locations for the development of planned cultural centers within the county. A development in the PCC zone should accommodate cultural arts facilities along with a variety of supplemental uses that relate to the cultural arts in a manner that achieves both physical and aesthetic integration of all uses and activities, including significant open space features and appropriate public use space. The zone uses a more flexible approach to the comprehensive design and development of cultural centers than the procedures and regulations applicable under more traditional zoning categories and other PD zones.

2.   A development in the zone should protect nearby properties and minimize the impacts of cultural centers on the surrounding area, such as visual effects, noise, and traffic. A development that meets the specific standards and requirements of the zone must not be presumed to be compatible with surrounding land uses and, in itself, does not require the District Council to approve the application.

3.   The supplemental uses in Section 8.3.6.B.2 are appropriate only when provided in conjunction with a specific cultural use that is permitted in the zone which would operate on a year-round basis.

1.   The planned cultural center may include:

a.   an artist studio;

b.   an auditorium for performing arts;

c.   a concert hall;

d.   an educational facility devoted to the arts;

e.   an indoor theater; and

f.   a museum.

2.   If the District Council finds that a specific supplemental use would be compatible with the cultural uses proposed on the site and will not adversely affect surrounding uses because of traffic or other factors, the development may include:

a.   an accessory building and use;

b.   a caretaker's residence or apartment;

c.   a child day care facility, limited to children of persons employed by or using the cultural arts facilities;

d.   a community activities building;

e.   a detached house constructed prior to property being classified in the zone;

f.   a restaurant;

g.   a hotel/motel with no more than 30 guest rooms or suites;

h.   a meeting room and conference facility for the arts;

i.   a publicly owned or publicly operated use;

j.   a residence hall for persons associated with cultural arts uses on the site;

k.   an antenna on an existing structure under Section 3.5.14.C;

l.   a retail establishment for the sale of materials or works of art produced on the premises; and

m.   a workshop used for the construction of scenery and props for use on site or for sale to other theatrical productions.

3.   All uses must meet the purposes of the PCC zone and must be compatible with all uses, existing or proposed, within the site and in the surrounding area.

a.   Unless the District Council finds that existing topographical features would permit a lesser setback, a building must be set back a minimum of 100 feet from confronting or abutting property that is recommended on the applicable master plan for Residential Detached zoning and development.

b.   A building must be set back a minimum of 30 feet from any boundary line of the site as shown on the development plan.

c.   The maximum building height is 50 feet. However, the building height may be increased 1 foot for every 2 feet of additional setback beyond the minimum required setback, up to a total building height of 75 feet.

d.   Adequate setbacks and screening must be provided for outdoor meeting facilities to ensure against any adverse noise or visual impacts from these facilities on abutting properties.

a.   The maximum building coverage is 30%. The building coverage may be increased to a maximum of 40% if such additional building coverage is developed and used for above-ground, structured parking.

b.   A minimum of 30% of the total site area included in the development plan must be maintained as green area; however, the District Council may reduce this requirement if it finds that comparable amenities or facilities provided in lieu of green area are sufficient to accomplish the purposes of the zone and would be more beneficial to the proposed development than strict adherence to the specific green area requirements.

1.   Public benefits must be provided that enhance or contribute to the objectives of the zone among the following categories:

a.   Major Public Facilities;

b.   Transit Proximity;

c.   Connectivity and Mobility;

d.   Diversity of Uses and Activities;

e.   Quality Building and Site Design;

f.   Protection and Enhancement of the Natural Environment; and

g.   Building Reuse.

2.   The individual public benefits that may be accepted in each of these categories in each zone are in Section 8.4.3.

1.   Except for providing MPDUs exceeding 12.5% of a project’s dwelling units, granting points as a public benefit for any amenity or project feature otherwise required by law is prohibited.

2.   In approving any incentive FAR based on the provision of public benefits, the Planning Board must consider:

a.   the recommendations and objectives of the applicable master plan;

b.   the Commercial/Residential and Employment Zone Incentive Density Implementation Guidelines;

c.   any design guidelines adopted for the applicable master plan area;

d.   the size and configuration of the site;

e.   the relationship of the site to adjacent properties;

f.   the presence or lack of similar public benefits nearby; and

g.   enhancements beyond the elements listed in an individual public benefit that increase public access to, or enjoyment of, the benefit.

3.   In the CRT and CR zones the maximum total standard method FAR for any property is the limit indicated in the following table, unless shown as lower on the zoning map:

 

1.   be consistent with the objectives of Division 8.4;

2.   be in addition to any standards, requirements, or rules of incentive density calculation included in Division 8.4, but must not conflict with those provisions; and

3.   allow incentive FAR only for those public benefits listed in Section 8.4.3.

1.   Advance Dedication

2.   Minimum Parking

3.   Neighborhood Services

4.   Public Parking

5.   Through-Block Connection

6.   Transit Access Improvement

7.   Streetscape Improvement

8.   Trip Mitigation

9.   Way Finding

1.   Adaptive Buildings

2.   Care Centers

3.   Dwelling Unit Mix

4.   Enhanced Accessibility for the Disabled

5.   Live/Work

6.   Moderately Priced Dwelling Units

7.   Small Business Opportunity

1.   Architectural Elevations

2.   Exceptional Design

3.   Historic Resource Protection

4.   Public Art

5.   Public Open Space

6.   Structured Parking

7.   Tower Step-Back

1.   Building Lot Terminations

2.   Cool Roof

3.   Energy Conservation and Generation

4.   Habitat Preservation and Restoration

5.   Recycling Facility Plan

6.   Transferable Development Rights

7.   Tree Canopy

8.   Vegetated Area

9.   Vegetated Roof

10.   Vegetated Wall

1.   Major public facilities include, but are not limited to, such facilities as a school, library, recreation center, park, County service center, bike share station, public transportation or utility upgrade, or other resource delineated in an applicable master plan. Major public facilities provide public services at a convenient location where increased density creates a greater need for civic uses and greater demands on public infrastructure.

2.   If a major public facility is recommended for a property in a master plan, an applicant for a sketch plan and site plan on that property must provide the major public facility unless the Planning Board finds that the facility:

a.   is infeasible;

b.   would not be accepted by the government department or agency responsible for operating the facility; or

c.   is no longer in the public interest.

3.   If a proposed major public facility is not recommended in the applicable master plan, the Planning Board must find that the facility or improvement provides the community with a resource that is at least as beneficial as other major public facilities recommended in the applicable master plan. Additionally, any infrastructure upgrade may only receive incentive density for improvements beyond those required by any applicable adequate public facilities requirement to complete the proposed development.

4.   Due to their significance in placemaking, the Planning Board may approve incentive FAR for:

a.   the conveyance of a site or floor area for a major public facility;

b.   the construction of a major public facility; or

c.   making a partial or full payment for a major public facility that is accepted for use or operation by an appropriate public agency, community association, or nonprofit organization.

5.   Up to the following number of points may be awarded if the requirements of Section 8.4.4.A are met:

a.   20 points in an LSC zone;

b.   40 points in an EOF or CRT zone; and

c.   70 points in a CR zone.

1.   Transit proximity points are granted for proximity to existing or master planned transit stops based on transit service level and CRT, CR, LSC, and EOF zones. Public benefit points can only be granted for one transit stop.

a.   Transit proximity is categorized in 3 levels:

i.   Level 1 is proximity to an existing or master planned Metrorail Station.

ii.   Level 2 is proximity to an existing or master planned station or stop along a rail or bus line with a dedicated, fixed path; this excludes a site that is within one mile of an existing or master planned MARC station.

iii.   Level 3 is proximity to an existing or master planned MARC station.

b.   A project is abutting or confronting a transit station or stop if it shares a property line or easement line, or is separated only by a right-of-way from an existing or master-planned transit station or stop, and 100% of the tract in a single sketch plan application is within 1/4 mile of the transit portal.

c.   For split proximity-range projects:

i.   if at least 75% of the tract in a single sketch plan application is within the closer of 2 proximity ranges, the entire project may take the points for the closer range; or

ii.   if less than 75% of the tract in a single sketch plan is within the closer of 2 proximity ranges, the points must be calculated as the weighted average of the percentage of area in each range.

a.   12 points are granted for every 1% of MPDUs greater than 12.5%. Any fraction of 1% increase in MPDUs entitles the applicant to an equal fraction of 12 points.

b.   An additional 2 points are granted for every 1% of 2-bedroom MPDUs not otherwise required.

c.   An additional 5 points are granted for every 1% of 3-bedroom MPDUs.

d.   For points to be awarded, at least one more MPDU than would be required at 12.5% must be provided to take advantage of the MPDU public benefit points in any zone.

e.   For a project providing a minimum of 15% MPDUs, one less benefit category than is required under Section 4.5.4.A.2 and Section 4.6.4.A.2 must be satisfied. A project that provides a minimum of 20% MPDUs does not have to satisfy any other benefit category under Section 4.5.4.A.2 and Section 4.6.4.A.2.

a.   In the CR zone:

i.   An applicant must purchase BLT easements, or make payments to the ALPF, in an amount equal to 7.5% of the incentive density floor area under the following parameters:

(a)   one BLT, equivalent to 9 points, must be purchased or equivalent payment made for every 31,500 square feet of gross floor area comprising the 7.5% incentive density floor area;

(b)   a private BLT easement must be purchased in whole units; or

(c)   BLT payments must be made to the ALPF, based on the amount established by Executive Regulations under Chapter 2B; if a fraction of a BLT easement is needed, a payment based on the gross square footage of incentive density must be made for at least the fraction of the BLT easement.

ii.   Up to 25 points for the purchase of BLTs or equivalent payments to the ALPF may be made for any incentive density above 7.5%. Each BLT easement purchase or payment is equivalent to 9 points, or such proportionate points represented by a fractional BLT purchase or payment.

b.   In the LSC zone:

i.   An applicant must purchase BLT easements, or make payments to the ALPF, in an amount equal to 50% of the incentive density under the following parameters:

(a)   for any floor area above 0.50 FAR, one BLT, equivalent to 9 points, must be purchased or an equivalent payment made for:

(1)   each 31,500 square feet of floor area of residential, nonresidential, and Life Sciences between 0% and 40% of the project's floor area; and

(2)   each 60,000 square feet of Life Sciences between 40% and 50% of the project's floor area.

(b)   any private BLT easement must be purchased in a whole unit; or

(c)   BLT payments must be made to the ALPF, based on the amount established by Executive Regulations under Chapter 2B; if a fraction of a BLT easement is needed, a payment based on the gross square footage of incentive density must be made for at least the fraction of the BLT easement.

ii.   Floor area restricted to the following uses is subtracted from the total density before calculating the required BLTs:

(a)   workforce housing units;

(b)   MPDUs;

(c)   Hospitals, including the Hospital's accessory uses, other than medical office buildings;

(d)   educational facilities for non-life sciences; and

(e)   Life Sciences in excess of 50% of the project's total floor area.

c.   In the CRT and EOF zones, BLT payments are optional; each BLT easement purchase or payment is equal to 9 points, or such proportionate points represented by a fractional BLT purchase or payment.

1.   75% of the structural system of the building must be retained; and

2.   An architectural deconstruction company must be used to remove reusable and recyclable materials before any demolition.

3.   Although up to 100 points may be obtained, public benefit category minimums must be met.

1.   Moderately Priced Dwelling Units (MPDUs) Public Benefit Points

a.   The Planning Board may only grant public benefit points for providing more than 15% of the residential units as MPDUs under Chapter 25A.

b.   The Planning Board may grant MPDU public benefit points for providing more than 15% MPDUs at the rate of 15 points for every 1% of the number of units in the project above 15%. Any fraction of 1% increase in MPDUs entitles the applicant to an equal fraction of 15 points. For points to be awarded, at least one more MPDU than would be required at 15% must be provided.

c.   For a project providing more than 15% MPDUs, one less public benefit point category than required under Section 8.4.1.B.8 must be satisfied.

d.   For a project providing at least 20% MPDUs, other public benefit point categories are not required except for: 1) Exceptional Design, and 2) Energy Conservation and Generation in the High-Performance Area.

2.   Public Benefit Points

a.   The Planning Board must not grant any public benefit points for transit proximity under Section 8.4.3.B.

b.   Park Impact Payment

i.   If a Park Impact Payment is not required under Section 4.9.2.C.2.b.ii and the applicant makes a payment, the Planning Board may grant one point for every $5,000 payment up to 20 public benefit points.

ii.   If a Park Impact Payment is required under Section 4.9.2.C.2.b.ii, the Planning Board may grant public benefit points only if the Park Impact Payment exceeds the minimum required. The number of public benefit points that the Planning Board may grant is determined by dividing the amount of the payment greater than the required payment by the required payment, and multiplying this result by 100.

iii.   The maximum number of points from a Park Impact Payment is 30.

c.   Within the High-Performance Area designated in the Bethesda Downtown Plan, the Planning Board must determine that the development achieves 15 public benefit points from Energy Conservation and Generation under Section 8.4.3.F.3.

d.   If the applicant reaches an agreement with the Department of Housing and Community Affairs to retain or provide affordable housing rents for dwelling units located anywhere in the overlay zone area, the Planning Board may grant 6 public benefit points for every 1% of units in the project included in the rental agreement. Any fraction of 1% increase in the number of units covered by the agreement entitles the applicant to an equal fraction of 6 points. For this purpose, affordable housing is defined as rents that are affordable to a household with a household income of 80% of Area Median Income (AMI) or below, for at least 20 years. The agreement with the Department of Housing and Community Affairs may include limits on the income of residents for the affordable dwelling units.

e.   If an applicant reaches an agreement with the Department of Housing and Community Affairs and another property owner for the use of an off-site existing dwelling, within the Bethesda Downtown Area as an MPDU, the Planning Board may grant 15 public benefit points for every 1% of MPDU units in the project included in the MPDU agreement above the minimum required 15% MPDUs.

f.   The Planning Board must determine that the development achieves at least 10 points for exceptional design under Section 8.4.3.E.2. The maximum number of public benefit points for exceptional design is 30. The Planning Board must appoint a Design Advisory Panel composed of relevant independent professionals, including at least one resident of Bethesda, and consider the comments from that panel on all projects before making their determination concerning exceptional design points.

g.   In addition to the other adjustment for maximum public benefit points made in this subsection, the number of maximum allowed public benefit points in the following categories are increased to the number of points indicated:

h.   For the Public Art Public Benefit under Section 4.7.3.E.5, the fee may also be accepted by the Bethesda Urban Partnership, the Bethesda Arts & Entertainment District, or other civic arts organization accepted by the Planning Board.

3.   FAR Averaging (Density transfers)

1.   The Planning Board must not grant any public benefit points for transit proximity under Section 8.4.3.B

2.   The Planning Board must determine that the development achieves 10 points for the exceptional design public benefit under Section 8.4.3.E.2. The Planning Board must appoint a Design Advisory Panel composed of independent professionals with relevant design experience and expertise, representing the diversity of the community, including at least one resident of Silver Spring. The Planning Board must consider the comments from the Design Advisory Panel on all projects before making its determination concerning exceptional design points.

1.   All optional method development applications within the GSLS Overlay Zone for development projects that qualify for an exemption under Section 4.7.1.D must earn incentive density for any requested density above 0.5 FAR subject to the provisions of Section 8.4.4.D. and are not responsible for providing public benefits under Section 4.7, Optional Method Public Benefits. Incentive density is the term used to describe any density above 0.5 FAR including any mapped density or additional density allowed by the GSLS Overlay Zone.

i.   In determining how much incentive density a development application must achieve, applications must round up to the next nearest 0.25 FAR increment.

ii.   Incentive density must be earned by providing public benefits. The public benefits are divided into one of 4 tiers in Sections 8.4.4.D.1.b. through 8.4.4.D.1.e., based on how much FAR of incentive density an applicant is permitted for providing that public benefit.

iii.   Development applications may provide any combination of public benefits to achieve the necessary incentive density for their project.

iv.   If an application provides a Tier 4 benefit, no other public benefits are required for that application.

v.   If a specific public benefit is recommended for a property in the master plan, the applicant must provide that specific public benefit, unless the Planning Board finds that providing or maintaining the recommended benefit is infeasible or that the benefit is no longer in the public interest.

i.   Provide 20% GFA as a Residential use when the underlying zone is LSC.

ii.   Provide the minimum required number of MPDUs plus 2.5%.

iii.   Design and construct offsite pedestrian and bicycle facilities for a minimum of 750 linear feet.

iv.   Contribute funding for offsite portions of one of the following, at a rate of $0.30 per GFA of the subject development application:

(a)   Key West Avenue Promenade

(b)   Great Seneca Greenway

(c)   LSC Loop Trail

(d)   Streetscape improvements along a public street within the overlay zone

v.   Construct an offsite portion of the LSC Loop Trail for a minimum length of 2,500 linear feet.

vi.   Provide offsite streetscape improvements along a public street within the overlay zone including seating, paving, street tree planting, landscaping, and lighting, for at least 5,000 linear feet based on the applicable streetscape standards of the master plan.

vii.   Provide a minimum of 10,000 square feet of flexible, step-up space for life science startups.

viii.   Achieve a minimum 10% mixed-use development, ensuring uses from at least 2 different use groups are provided, each comprising a minimum of 10% of the total GFA, as determined at the time of sketch plan.

ix.   Improve a minimum of 0.25 acres of an existing park or public open space within the GSLS Overlay Zone area with amenities designed to encourage use by people of all ages, cultural backgrounds, and abilities such as, but not limited to, color contrast applications on poles and pavement, accessible bathrooms, mobility device accessible play equipment, sensory playground equipment, movable seating, and art, displays, statues, and signs that recognize local history and community members.

x.   Implement at least 3 of the following design excellence strategies or achieve the International WELL Building Institute’s WELL Core Bronze certification for the project:

(a)   Designing a building with a clear architectural base, middle, and top. The base is defined as the first one or 2 floors of the building; the top is defined as the uppermost one or 2 floors of the building; and the middle is everything between the base and the top.

(b)   Providing human-scaled architectural elements at the building’s base fronting all streets and public open spaces. Human-scaled architectural elements include clearly marked entryways into ground-floor uses, awnings, canopies, transparency, storefronts, façade lighting, signage, and decorative enhancements.

(c)   Providing direct entry to all ground floor residential units fronting a street or public open space.

(d)   Adjusting the building massing and façade design to create street-oriented development. The building massing should parallel the street, with the building base creating a continuous frontage with a minimum of 60% transparency. The building middle and top façade must be designed with windows, balconies, and terraces on any elevation along a street.

(e)   Lining at least 75% of the ground floor along all streets and public open spaces with active uses such as retail, residential units, offices, lobbies, and amenity spaces. Ground floor entrances into the building must be no further than every 100 feet.

(f)   Placing all onsite parking below ground grade or wrapping all structured parking with leasable GFA like residential or commercial floor spaces.

(g)   Designing the footprint, massing, and building façades to respond to solar orientation and local climate to minimize energy use, maximize daylight exposure and incorporate passive heating, cooling, and ventilation.

(h)   Reducing the floor plate for the top 2 floors by at least 20% to create terraces and an interesting skyline.

(i)   Designing all structured parking to be adaptable for alternative uses in the future by creating flat plate parking floors with a minimum floor to ceiling clearance of 10 feet, accessed through a speed-ramp.

xi.   Exceed current county code energy efficiency standards (IgCC and IECC) by a minimum of 10% as determined by the Department of Permitting Services Division of Commercial Building Construction at site plan.

xii.   Generate one-third of renewable energy onsite or utilize renewable energy from the regional catchment area as determined by the Department of Permitting Services Division of Commercial Building Construction at site plan.

xiii.   Meet Alternative Compliance Path for Green Code and achieve LEED Silver + 21 points as determined by the Department of Permitting Services Division of Commercial Building Construction by the final use and occupancy permit.

xiv.   Design a site that includes 2 of the following sustainable elements:

(a)   Two principles of biophilic design from the following list of strategies:

(1)   Incorporate environmental features such as sunlight, fresh air, plants, animals, water, native landscapes, natural colors, and natural materials such as wood and stone.

(2)   Utilize elements in building design to simulate and mimic shapes and forms found in nature. Examples include using tree-like columns in a building interior to support a roof that projects the feeling of a forest canopy; building shapes that simulate the appearance of bird wings; ornamentation suggestive of a natural shape like a crystal or geological feature, or others as approved by the Planning Board.

(3)   Use building and site design to stimulate a variety of senses, simulate the qualities of organic growth, or reflect the processes of aging and the passage of time.

(4)   Use spatial and lighting features that evoke the sense of being in a natural setting considering lighting placement, fixture design, and color temperature.

(5)   Incorporate place-based relationships between buildings and the distinctive geographical, ecological, and cultural characteristics of particular places and localities by incorporating reference to geological and landscape features, the use of local and indigenous materials, and connections to particular historic and cultural traditions.

(6)   Provide an outdoor respite space, part of a garden, or green area that offers restoration through the inclusion of natural sensory experiences and opportunities for quiet reflection and stillness.

(b)   Enhanced green roof with a minimum coverage of 10% of the roof (minimum 6 inches in depth).

(c)   Two categories of bird-friendly design as defined in the Bethesda Downtown Plan Design Guidelines.

(d)   Pervious pavement for 10% of all paved surfaces as determined by the Department of Permitting Services.

xv.   Adaptively reuse at least 10,000 square feet of floor area of an existing building on site.

i.   Provide 30% GFA as a Residential use when the underlying zone is LSC.

ii.   Provide the minimum required number of MPDUs plus 5%.

iii.   Design and construct offsite streetscape improvements along a public street, including any required pedestrian and bicycle facilities, for a minimum of 1,000 linear feet.

iv.   Contribute funding for offsite portions of one of the following, at a rate of $0.60 per square foot of GFA of the subject development application:

(a)   Key West Avenue Promenade

(b)   Great Seneca Greenway

(c)   LSC Loop Trail

v.   Construct an offsite portion of the LSC Loop Trail for a minimum length of 3,500 linear feet.

vi.   Provide a minimum of 20,000 square feet of flexible step-up space for life science startups.

vii.   Achieve a minimum of 15% mixed-use development, ensuring uses from at least 2 different use groups are provided, each comprising a minimum of 15% of the total GFA, as determined at the time of sketch plan.

viii.   Exceed the minimum required amount of Public Open Space on site by at least 50%.

ix.   Implement at least 5 of the design excellence strategies identified in Section 4.9.12.C.3.b.x above or achieve the International WELL Building Institute’s WELL Core Silver certification for the project.

x.   Exceed current county code energy efficiency standards (IgCC and IECC) by a minimum of 17.5% as determined by the Department of Permitting Services Division of Commercial Building Construction at site plan.

xi.   Generate two-thirds of renewable energy onsite or utilize renewable energy from the regional catchment area as determined by the Department of Permitting Services Division of Commercial Building Construction at site plan.

xii.   Meet Alternative Compliance Path for Green Code and achieve LEED Gold as determined by the Department of Permitting Services Division of Commercial Building Construction by the final use and occupancy permit.

xiii.   Design a site that includes 3 of the following sustainable elements:

(a)   Four principles of biophilic design as defined in Section 4.9.12.C.3.b.xiv.

(b)   Enhanced green roof with a minimum coverage of 15% of the roof (a minimum of 7 inches in depth).

(c)   Three categories of bird friendly design as defined in the Bethesda Downtown Plan Design Guidelines.

(d)   Pervious pavement for 25% of all paved surfaces as determined by the Department of Permitting Services.

xiv.   Adaptively reuse at least 25,000 square feet of floor area of an existing building on site.

i.   Provide the minimum required number of MPDUs plus 7.5%.

ii.   Design and construct offsite streetscape improvements along a public street, including any required pedestrian and bicycle facilities, for a minimum of 2,000 linear feet.

iii.   Contribute funding for offsite portions of one of the following, at a rate of $1.00 per GFA of the subject development application:

(a)   Key West Avenue Promenade

(b)   Great Seneca Greenway

(c)   LSC Loop Trail

iv.   Construct an offsite portion of the LSC Loop Trail for a minimum length of 5,000 linear feet.

v.   Provide a minimum of 30,000 square feet of flexible, step-up space for life science startups.

vi.   Provide a minimum 1.5-acre Major Public Open Space recommended per the master plan as a Privately Owned Public Open Space, with approval on the location and design determined by the Planning Board. The Public Open Space should comply with the elements listed in the Energizing Public Space Design Guidelines for “Civic Green / Plaza.”

vii.   Implement at least 7 of the design excellence strategies identified in Section 4.9.12.C.3.b.x above or achieve the International WELL Building Institute’s WELL Core Gold certification for the project.

viii.   Exceed current county code energy efficiency standards (IgCC and IECC) by a minimum of 25% as determined by the Department of Permitting Services Division of Commercial Building Construction at site plan.

ix.   Generate three-fourths of renewable energy onsite or utilize renewable energy from the regional catchment area as determined by the Department of Permitting Services Division of Commercial Building Construction at site plan.

x.   Meet Alternative Compliance Path for Green Code and achieve LEED Gold, and one of the following as determined by the Department of Permitting Services Division of Commercial Building Construction by the final use and occupancy permit:

(a)   Full electrification

(b)   Mass Timber construction

xi.   Design a site that includes 4 of the following sustainable elements:

(a)   Six principles of biophilic design as defined in Section 4.9.12.C.3.b.xiv.

(b)   Enhanced green roof with a minimum coverage of 25% of the roof (a minimum of 11 inches in depth).

(c)   Four categories of bird friendly design as defined in the Bethesda Downtown Plan Design Guidelines.

(d)   Pervious pavement for 40% of all paved surfaces as determined by the Department of Permitting Services.

xii.   Adaptively reuse at least 75,000 square feet of floor area of an existing building on site.

i.   Provide greater than 25% MPDUs at an average of 60% area median income.

ii.   Design and construct offsite streetscape improvements along a public street, including any required pedestrian and bicycle facilities, for a minimum of 5,000 linear feet within the overlay zone area.

iii.   Contribute funding for offsite portions of one of the following, at a rate of $2.00 per GFA of the subject development application:

(a)   Key West Avenue Promenade

(b)   Great Seneca Greenway

(c)   LSC Loop Trail

iv.   Provide one of the following transportation connections identified as greatly enhancing the transportation network by the Master Plan:

(a)   The street connection, including the LSC Loop Trail, connecting Belward Campus Drive to Decoverly Drive, at the intersection with Great Seneca Highway.

(b)   A trail connecting Darnestown Road and Medical Center Drive, located between Shady Grove Road and Great Seneca Highway.

(c)   The street connection of Road Z between Broschart Road and Dalmatian Street.

v.   Provide a minimum of 40,000 square feet of flexible step-up space for life science startups.

vi.   Construct and dedicate or convey to Montgomery Parks a minimum 3-acre park recommended in the Master Plan. Approval of the location and design to be determined by the Planning Board. The park must comply with the elements listed in the Energized Public Spaces Design Guidelines for “Urban Recreational Park.”

vii.   Implement all 9 of the design excellence strategies identified in Section 4.9.12.C.3.b.x above or achieve the International WELL Building Institute’s WELL Core Platinum certification for the project.