a.

Purpose. The historic district zone is an overlay zone. The purpose of the zone is to:

1.

Safeguard the heritage of the City by preserving sites, structures, or areas which reflect elements of cultural, social, economic, political, archaeological, or architectural history;

2.

Stabilize and improve the property values of those sites and structures, and the adjacent neighborhood;

3.

Foster civic beauty;

4.

Strengthen the local economy; and

5.

Promote the preservation and the appreciation of those sites and structures for the education and welfare of the residents of the City.

b.

Location.

1.

Underlying zoning. The regulations of the historic district zones are in addition to the underlying residential or nonresidential zoning regulations.

2.

Established location. The historic district zones are depicted on the zoning map incorporated into these regulations in article 2.

3.

Future location. The Mayor and Council may establish, change, layout, and define future historic district zones which are of local, state, or national or historical, archaeological, or architectural significance.

c.

Historic District Commission. The Historic District Commission is subject to the provisions of section 25.04.04.

d.

Designation of properties.

1.

Initiation of process. The process of evaluating a property for possible historic designation due to its historic, archaeological, or architectural significance begins upon the occurrence of any of the following items in subsection (a) below. If the nomination application is filed by a person other than the property owner, the person making the nomination must provide notice of the nomination by first class mail to the property owner at the time of application. A copy of the notice must also be provided to the Historic District Commission.

(a)

The filing of an application nominating the property for historic designation by one (1) or more of the following:

(i)

The property owner;

(ii)

The Historic District Commission;

(iii)

The Mayor and Council;

(iv)

The Planning Commission; or

(v)

Any other person;

(b)

The filing of an application by the property owner requesting the evaluation of the property for eligibility for historic designation;

(c)

The filing of an application for a demolition permit for the property; or

(d)

The filing of a natural resources inventory identifying a potentially significant historic resource on the property.

2.

Application review. Upon the filing of an application for nomination, evaluation, or demolition, the Chief of Planning must evaluate the subject property for compliance with the City's criteria for historic designation, and make a recommendation to the Historic District Commission.

3.

Historic District Commission review and decision. The Historic District Commission will consider the application at a meeting of the Commission following notice given in accordance with the notice provisions of section 25.05.03, to determine if the property meets the adopted City historic district designation criteria. If the Historic District Commission finds that a site meets the criteria to be eligible for historic designation, it may initiate the filing of a sectional map amendment to place the property in the historic district zone that includes a written recommendation explaining its findings as to why the Mayor and Council should rezone the property to the historic district zone.

4.

Completion of designation process. The designation process shall be complete upon the occurrence of any of the following:

(a)

The determination of the Historic District Commission that the property does not meet the criteria for historic designation; or

(b)

The determination of the Mayor and Council to take final action to grant or deny a map amendment for historic rezoning.

5.

Restrictions on property during interim historic review period. No exterior change may be made to any property identified in the historic building catalog, as revised, that is the subject of an application for nomination, historic evaluation, or a demolition permit under this section 25.14.01 until the designation process is complete, unless the property owner first obtains a certificate of approval from the Historic District Commission in accordance with the provisions of section 25.07.13. The restriction of this subsection will not apply for more than two hundred ten (210) days from the date of the filing of the application that initiated the historic designation review period.

(Ord. No. 29-09, § 14, 10-26-09; Ord. No. 7-11, § 14, 6-6-11; Ord. No. 8-14, § 1, 4-21-14; Ord. No. 05-15, 3-30-15)

a.

Purpose. The neighborhood conservation district zones are overlay zones intended to provide a vehicle to implement programs for the revitalization or conservation of older areas or districts within the City possessing distinctive features, identity, or character worth retention and enhancement.

b.

Effect.

1.

Each neighborhood conservation district will be established through the following:

(a)

Adoption of a neighborhood conservation plan and a set of guidelines that will facilitate maintenance and protection of the neighborhood character; and

(b)

The implementation of such plan and guidelines through the creation of a neighborhood conservation district zone.

2.

The regulations of the neighborhood conservation district zone are in addition to the regulations of the base zone in which the neighborhood area is located.

c.

Neighborhood conservation plan. The adoption of a neighborhood conservation plan may be accomplished through one (1) of the following procedures:

1.

Master plan. As part of the consideration of a master plan or master plan amendment, the Mayor and Council may identify one (1) or more areas for designation as a neighborhood conservation district and adopt a set of guidelines for each such district. Such districts may only be designated as set forth in subsection c.2.e of this section below.

2.

Local initiative. Local property owners may petition the Mayor and Council to initiate a neighborhood conservation district study.

(a)

In order to be considered for initiation of the study, at least forty (40) percent of the property owners within the proposed conservation district must support the initiation of the process in writing.

(b)

The Planning Commission will review the conservation district proposal and provide a recommendation to the Mayor and Council.

(c)

The Mayor and Council may decline to authorize a study based on owner opposition, community input, or the significance of the property to the City.

(d)

If the Mayor and Council authorizes a neighborhood conservation plan study to proceed, the study will commence and be processed under the procedures established for preparing and adopting a master plan.

3.

Prior to final action by the Mayor and Council on the proposed neighborhood conservation plan, at least eighty-five (85) percent of the property owners within the proposed neighborhood conservation district must demonstrate their support in writing for the proposed designation.

d.

Location.

1.

Boundaries correspond to plan boundaries. The boundaries of each neighborhood conservation district are the boundaries outlined in the applicable neighborhood conservation plan.

2.

Designation on map. Neighborhood conservation districts must be designated on the zoning map.

e.

Designation of new district. Following the adoption of a neighborhood conservation plan, the Mayor and Council may authorize the filing on its behalf of:

1.

A text amendment application, pursuant to section 25.06.02, establishing a neighborhood conservation district and establishing regulations therefor, and

2.

A sectional map amendment application, pursuant to section 25.06.01, to place the neighborhood covered by the approved neighborhood conservation plan in the neighborhood conservation district zone.

f.

Conflict of regulations. In the event of a conflict between the provisions of a specific neighborhood conservation district zone and the base zone regulations, the provisions of the neighborhood conservation district zone will control.

a.

Development standards for lots. Lots within the Lincoln Park conservation district are subject to the following development standards:

1.

Assemblage of separate lots for new development is not permitted;

2.

Resubdivision of existing original lots is not permitted; and

3.

New pipestem lots are not permitted.

b.

Standards for new construction.

1.

The maximum building footprint of the primary dwelling on a lot is one thousand eight hundred (1,800) square feet or the maximum lot coverage of the property's base zone, whichever is less. The one thousand eight hundred (1,800) square foot maximum building footprint in this section does not include an unenclosed porch attached to the primary dwelling and facing a street frontage.

2.

The maximum height of a structure is thirty (30) feet from the existing grade to the peak of the roof

3.

The minimum front setback is twenty-five (25) feet.

c.

Building footprint standard for additions to existing one-story homes. Notwithstanding subsection b.1 of this section, if an existing one-story house is retained after construction of an addition to a primary dwelling, the addition may increase the maximum building footprint of the primary dwelling to two thousand one hundred (2,100) square feet or the maximum lot coverage of the property's base zone, whichever is less. The two thousand one hundred (2,100) square foot maximum building footprint in this section does not include an unenclosed porch attached to the primary dwelling and facing a street frontage. Notwithstanding the foregoing, the total of the addition cannot exceed the present total square footage of the house without obtaining a new single-unit dwelling permit.

d.

Streets.

1.

New streets and private access driveways that function as streets are not permitted.

2.

Culs-de-sac accessing structures set back from the main roads are not permitted.

e.

Alternative compliance. The Chief of Zoning may approve a design for a primary dwelling that deviates from one or more of the standards in subsections b. and c. of this section upon finding that the design:

1.

Meets or exceeds the purpose and intent of the standard for which alternative compliance is requested;

2.

Provides an equal or better design solution in terms of livability for residents and impacts on neighboring property; and

3.

Accomplishes one or more of the following goals:

i.

Conserves and strengthens the unique identity and sense of place that exists among residents in the neighborhood;

ii.

Promotes complementary and context-sensitive development between new and existing structures, while also allowing for creative design; and

iii.

Maintains and enhances a walkable and pedestrian-friendly environment.

This subsection does not authorize the Chief of Zoning to approve a deviation from any standard of a property's base zone or any other provisions of this chapter.

f.

Institutional uses. Institutional uses are exempt from the requirements of subsections b. and c. of this section.

(Ord. No. 2-25, 1-17-25)

a.

Purpose. The purposes of the park zone of the City are to:

1.

Provide and maintain adequate open space areas within the City to insure that conservation, safety, and recreational needs, both active and passive, are met;

2.

Enhance the visual, economic, and environmental character of the community; and

3.

Enhance the appearance and value of neighborhoods through the preservation of natural features, and the provision of recreation areas and open space;

b.

Zone established.

c.

Land use table. The uses allowed in the park zone are as shown in the table below. Uses are subject to applicable conditions of site plan approval. All special exceptions are subject to the requirements of article 15.

Key: P = Permitted Use; S = Special Exception; C = Conditional Use; Blank = Not Permitted

d.

Development standards. The development standards of this zone are those development standards of the lowest density adjoining single dwelling unit residential zone, except as may be otherwise recommended in an applicable plan.

(Ord. No. 7-11, § 14, 6-6-11)

a.

Purposes. Prior to March 16, 2009, developments with special provisions for development standards and types of uses were approved through several types of special development procedures (comprehensive planned development, planned residential unit, preliminary development plan, I-3 zone optional method). Under these procedures, the development approved may have little or no relation to the underlying zone or zones. In order to more clearly identify such planned developments, these developments are each being placed in their own planned development zone, and the planned development governing documents are included by reference as the applicable standards in the respective planned development zones. In addition, one (1) or more equivalent zones are designated for each planned development zone.

b.

Uses.

1.

Only those uses specifically permitted by the applicable planned development governing documents are allowed in a planned development zone, except that attached and detached accessory dwelling units are permitted as set forth in the equivalent zones specified for those areas of the planned development designated for residential use.

2.

Notwithstanding the provisions of subsection 25.14.07.b.1. above, the Mayor and Council, in connection with an amendment to an approved planned development, may allow one (1) or more of those uses set forth in the equivalent zone specified for those areas of the planned development designated for nonresidential uses.

3.

An ancillary restaurant is permitted and need not be separately listed as a use for a particular parcel in the approved planned development governing documents, so long as the principal office use is listed for that parcel. Signs will be governed by the governing documents, including any comprehensive signage plan. This use cannot exceed five (5) percent of the total gross floor area of the building. No drive-through or walk-up service is permitted. The bar patron area cannot exceed ten (10) percent of the total patron use area.

c.

Zones established.

1.

Principally single-unit residential developments. The following are principally single-unit residential planned developments in the City:

(a)

PD-RS—Rockshire;

(b)

PD-FM—Fallsmead;

(c)

PD-FM2—Fallsmead 2;

(d)

PD-FB—Fallsbend;

(e)

PD-CH—Carter Hill;

(f)

PD-BA—Barnside Acres;

(g)

PD-FL—Flint Ledge Estates;

(h)

PD-RH—Rose Hill;

(i)

PD-RHF—Rose Hill Falls;

(j)

PD-BU—Buckingham Property;

(k)

PD-CL—Chestnut Lodge;

(l)

PD-NM—New Mark Commons;

(m)

PD-DF—Dawson Farm;

(n)

PD-MH—Meadow Hall;

(o)

PD-RF—Redgate Farm; and

(p)

PD-LG—Legacy at Lincoln Park.

2.

Principally mixed-use residential and commercial development. The following are principally mixed-use residential and commercial developments in the City:

(a)

PD-KF—King Farm;

(b)

PD-FG—Fallsgrove;

(c)

PD-UR—Upper Rock;

(d)

PD-TO—Tower Oaks;

(e)

PD-KSI—KSI Apartments;

(f)

PD-TC—Twinbrook Commons;

(g)

PD-RCI—Rockville Center, Inc.; and

(h)

PD-TS—Town Square.

3.

Principally commercial development. The following are principally commercial developments in the City:

(a)

PD-SG—Shady Grove;

(b)

PD-MC—Metro Center; and

(c)

PD-CB—Champion Billiards.

d.

Development standards.

1.

General policy. The planned developments located in the planned development zones were approved by resolution of the Mayor and Council or action by the Planning Commission as a unified, coherent design. In some instances the development standards of the underlying zone applied to some aspects of the development project but were not restated in the Mayor and Council or Planning Commission development project approval. In addition, a number of the planned development projects are subject to annexation agreements or development agreements with the City that have specific terms for how the development will proceed. All of these documents constitute the planned development governing documents as defined in section 25.03.02.

2.

Approved development standards. The development standards (including, but not limited to, those standards for building heights, setbacks, lot coverage, lot sizes, density, and open space) set forth in the planned development governing documents apply to the following:

(a)

Completed planned development projects;

(b)

Undeveloped or partially completed individual sites within a planned development;

(c)

Replacement in kind of any completed portion of a planned development project. Such replacement does not have to duplicate the footprint of the replaced portion of the project.

3.

Equivalent zone development standards.

(a)

Except as provided in subsection 25.14.07.d.4., the development standards of the equivalent zone designation for a planned development zone apply:

(i)

In the absence in the planned development governing documents of specific development standards related to minimum setbacks, maximum building height, lot coverage or lot dimensions;

(ii)

To that portion of an approved planned development for which an amendment to the planned development governing documents is sought;

(iii)

To the redevelopment of any portion of a planned development with new development that is not in substantial compliance with the planned development governing documents.

(b)

The development standards for the equivalent zone will supersede the development standards contained in the planned development governing documents for only that portion of the planned development subject to the amendment or redevelopment.

(c)

Street frontage. Record lots for each dwelling unit, if provided, must front on a public street, private street, or a common open space.

4.

Waiver of equivalent zone standards. The Approving Authority may waive the application of one (1) or more of the development standards of the designated equivalent zone upon a finding that the applicant has shown good cause as to why the development standard should not apply to any portion of the planned development project. In determining whether the burden of establishing good cause has been met, the Approving Authority must consider the following:

(a)

Whether the development standard of the equivalent zone is compatible with the completed portions of the planned development;

(b)

Whether applying the development standard of the equivalent zone is consistent with good planning and design principles;

(c)

Whether applying the development standard of the equivalent zone is reasonable and practically feasible. The cost of applying the standard may, but does not necessarily, demonstrate that applying the development standards of the equivalent zone is reasonable or practically feasible; and

(d)

Such other factor as the Approving Authority reasonably deems appropriate.

e.

Amendment of a planned development.

1.

Required, general. The following are planned development amendments subject to the equivalent zone development standards and will require approval of an amendment to the planned development governing documents by the Mayor and Council.

(a)

Any increase in the intensity of the development (dwelling units, gross square footage, etc.) beyond what is authorized in the planned development governing documents;

(b)

Any increase in building heights beyond what is authorized in the planned development governing documents;

(c)

Addition of new uses not approved in the planned development governing documents;

(d)

A major relocation of public streets;

(e)

A material reduction in the cumulative amount of public or private open space; and

(f)

Such other proposed change in the project that the Planning Commission determines to be of such significance as to be a substantial deviation from the planned development governing documents and therefore require an amendment to the planned development governing documents.

2.

Procedure. Any proposal to amend the planned development governing documents requires the filing of a project plan amendment application with the Chief of Planning. Such application must comply, and will be processed in accordance, with the requirements for a project plan as set forth in article 7 of this chapter.

3.

Limitations. Amendments to a the planned development governing documents for a planned development shall be limited to the substance or area encompassed by the amendment application and may not affect other aspects of the approved planned development project without the consent of the applicant or its successor. Nothing, however, shall preclude the Mayor and Council from considering all aspects or areas of the approved planned development in determining whether or not the requested amendment is appropriate.

f.

Site plan required. An approved planned development must be implemented through approval of one or more site plans in accordance with the requirements for a level 2 site plan as set forth in article 7.

(Ord. No. 29-09, § 14, 10-26-09; Ord. No. 16-10, § 5, 9-13-10; Ord. No. 7-11, § 14, 6-6-11; Ord. No. 13-24, § 4, 9-16-24)

a.

Exploratory application approved. The PD-RS zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 21-66 on March 7, 1966, as may be amended.

b.

Designated equivalent zones.

1.

Designated equivalent zone (commercial development areas only): Mixed-Use Neighborhood Center (MXC).

2.

Designated equivalent residential zones:

(a)

Single unit residential detached areas: R-60.

(b)

Single unit residential attached areas: RMD-10.

a.

Planned residential unit approved. The PD-FM zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 2-66 on January 3, 1966, as may be amended.

b.

Designated equivalent zone. Designated equivalent residential zone: R-60.

a.

Planned development approved. The PD-FM2 zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 17-81 on June 29, 1981, as may be amended.

b.

Designated equivalent zone. Designated equivalent residential zone: R-60.

a.

Planned development approved. The PD-FB zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 12-80 on May 12, 1980, as may be amended.

b.

Designated equivalent zone. Designated equivalent residential zone: R-60.

a.

Planned development approved. The PD-CH zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 48-69 on August 4, 1969, as may be amended.

b.

Designated equivalent residential zones.

1.

Single unit detached residential areas: R-60.

2.

Single unit attached residential areas: RMD-10.

a.

Planned development approved. The PD-BA zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 42-73 on September 10, 1973, as may be amended.

b.

Designated equivalent residential zones.

1.

Single unit detached residential areas: R-60.

2.

Single unit attached residential areas: RMD-10.

a.

Planned development approved. The PD-FL zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 13-81 on June 1, 1981, as may be amended.

b.

Designated equivalent residential zones.

1.

Single unit detached residential areas: R-60.

2.

Single unit attached residential areas: RMD-10.

a.

Planned development approved. The PD-RH zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 32-97 on December 8, 1997, as may be amended.

b.

Designated equivalent zone. Designated equivalent residential zone: R-60.

a.

Planned development approved. The PD-RHF zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 3-90 on January 23, 1990, as may be amended.

b.

Designated equivalent residential zones.

1.

Single unit detached residential areas: R-60.

2.

Single unit attached residential areas: RMD-10.

a.

Planned development approved. The PD-BU zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 19-02 on October 14, 2002.

b.

Designated equivalent zone. Designated equivalent residential zone: R-90.

a.

Planned development approved. The PD-CL zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 3-06 on February 6, 2006, as may be amended.

b.

Designated equivalent zones.

1.

Single unit detached residential areas: R-90.

2.

Historic Lodge: RMD-15.

a.

Planned development approved. The PD-NM zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 4-66 on January 10, 1966, as may be amended.

b.

Designated equivalent zones.

1.

Single unit detached residential areas: R-60.

2.

Single unit attached residential areas: RMD-10.

(Ord. No. 8-14, § 1, 4-21-14)

Editor's note— Ord. No. 8-14, § 1, adopted April 21, 2014, changed the title of section 25.14.19 from "PD-NM (New Mark Commons)" to "PD-NMC (New Mark Commons)."

a.

Planned development approved. The PD-DF zone is regulated in accordance with the exploratory application (PRU-14-79) approved by the Mayor and Council by Resolution No. 7-80 on April 21, 1980, as may be amended.

b.

Designated equivalent zones.

1.

Single unit detached residential areas: R-60.

2.

Single unit attached residential areas: RMD-10.

a.

Planned development approved. The PD-MH zone is regulated in accordance with the exploratory application (PRU-1-65) approved by the Mayor and Council by Resolution No. 62-65 on August 23, 1965, as may be amended.

b.

Designated equivalent zone. Designated equivalent residential zone: RMD-10.

a.

Planned development approved. The PD-RF zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 14-67 on March 13, 1967, as may be amended.

b.

Designated equivalent zone. Designated equivalent residential zone:

1.

Single unit attached residential areas: R-60

2.

Single unit attached residential areas: RMD-10.

a.

Planned development approved. The PD-LG zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 3-05 on January 10, 2005, as may be amended.

b.

Designated equivalent zones. Designated equivalent zone:

1.

Single unit attached residential areas: R-60.

2.

Single unit attached residential areas: RMD-10.

a.

Planned development approved. The PD-KF zone is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 10-96 on July 8, 1996, as may be amended.

b.

Designated equivalent zones. Designated equivalent zones:

1.

For areas developed with office and institutional uses: Mixed-Use Employment Zone (MXE);

2.

For areas developed with multi-unit residential dwellings: RMD-25 Zone;

3.

For areas developed with single-unit attached or townhouse dwellings: RMD-10;

4.

For areas developed with single-unit detached residential dwellings: R-60; and

5.

For areas developed with retail commercial uses: Mixed-Use Neighborhood Commercial Zone (MXNC).

a.

Planned development approved. The PD-FG (Fallsgrove) zone is regulated in accordance with the concept plan approved by the Mayor and Council by Resolution 1-00 on February 22, 2000 and amended by Resolution No. 21-05 on August 1, 2005, as may be amended.

b.

Designated equivalent zones. Designated equivalent zones:

1.

For areas developed with office and institutional uses: Mixed-Use Employment Zone (MXE);

2.

For areas development with multi-unit residential dwellings: RMD-25 Zone;

3.

For areas developed with single-unit attached and townhouse dwellings: RMD-10;

4.

For areas developed with single-unit detached dwellings: R-60; and

5.

For areas developed with retail commercial uses: Mixed-Use Neighborhood Commercial Zone (MXNC).

a.

Planned development approved. The PD-UR zone is regulated in accordance with the preliminary development plan approved by the Mayor and Council by Resolution No. 14-05 on May 23, 2005, as may be amended.

b.

Designated equivalent zones. Designated equivalent zone: Mixed-Use Employment Zone (MXE).

c.

[Development standards.] Development standards shall be those approved by the Mayor and Council as set forth in the resolution and as shown on the preliminary development plan (PDP), notwithstanding any contrary development standard for the I-3 optional method of development in effect at the time of the adoption of the resolution. Minimum building setbacks for streets internal to the preliminary development plan area are as set forth in exhibit 4 to the PDP resolution, as may be amended. No setbacks are required from lot lines or property lines that are not external boundaries of the PDP area. There are no standards for minimum lot size and minimum lot width for record lots, provided that they conform to the blocks shown in the approved PDP. Any lot platted as an ownership lot may be re-platted as a record lot.

(Ord. No. 8-14, § 1, 4-21-14)

a.

Planned development approved. The PD-TO zone is regulated in accordance with the concept plan approved by the Mayor and Council by Resolution No. 25-87 on October 12, 1987, as amended by Resolution No. 21-93 (approved September 27, 1993), and as further amended by Resolution No. 1-01 (approved January 8, 2001), as may be amended.

b.

Designated equivalent zones. Designated equivalent zones:

1.

For areas developed with office and institutional uses: Mixed-Use Employment Zone (MXE);

2.

For areas developed with multi-unit residential dwellings: RMD-25 Zone;

3.

For areas developed with single-unit attached and townhouse dwellings: RMD-10; and

4.

For areas developed with retail commercial uses: Mixed-Use Neighborhood Commercial Zone (MXNC).

a.

Planned development approved. The PD-KSI zone is regulated in accordance with the preliminary development plan approved by the Planning Commission on July 14, 2004, as may be amended.

b.

Designated equivalent zone. Designated equivalent zone: Mixed-Use Transit District Zone (MXTD).

a.

Planned development approved. The PD-RCI zone is regulated in accordance with the amended preliminary development plan approved by the Mayor and Council by Resolution No. 10-05 on May 2, 2005, as may be amended.

b.

Designated equivalent zone. Designated equivalent zone: Mixed-Use Transit District Zone (MXTD).

a.

Planned development approved. The PD-TC zone is regulated in accordance with the preliminary development plan approved by the Mayor and Council by Resolution No. 9-05 on April 4, 2005, as may be amended.

b.

Designated equivalent zone. Designated equivalent zone: Mixed-Use Transit District Zone (MXTD).

a.

Planned development approved. The PD-TS Zone is regulated in accordance with the preliminary development plan approved by the Planning Commission on August 6, 2003, as may be amended.

b.

Designated equivalent zone. Designated equivalent zone: Mixed-Use Transit District Zone (MXTD).

a.

Planned development approved. The PD-SG is regulated in accordance with the exploratory application approved by the Mayor and Council by Resolution No. 4-98 on February 9, 1998.

b.

Designated equivalent zone. Designated equivalent zone: Mixed-Use Employment Zone (MXE).

a.

Planned development approved. The PD-MC Zone is regulated in accordance with the preliminary development plan approved by the Mayor and Council by Resolution No. 5-05 on March 7, 2005, as may be amended.

b.

Designated equivalent zone. Designated equivalent zone: Mixed-Use Transit District Zone (MXTD).

a.

Planned development approved. The PD-CB zone is regulated in accordance with the preliminary development plan approved by the Mayor and Council by Resolution No. 14-06 on October 23, 2006, as may be amended.

b.

Designated equivalent zone. Designated equivalent zone: Mixed-Use Corridor District Zone (MXCD).

a.

Purpose. The purposes of the interim comprehensive plan floating zones are to:

1.

Provide for alternative development options to the development standards under existing zones.

2.

Implement the land use recommendations of the Rockville 2040 Comprehensive Plan, as amended by the 2025 Town Center Master Plan, prior to full implementation of those plans through a zoning text amendment and comprehensive map amendment.

3.

Enhance the economic, aesthetic, and environmental character of the City through unique developments that conform with the land use recommendations of the Rockville 2040 Comprehensive Plan, as amended by the 2025 Town Center Master Plan.

4.

Incentivize development that advances the recommendations of the Rockville 2040 Comprehensive Plan and 2025 Town Center Master Plan land use goals by providing a cohesive, participatory, and expedient development review process for designated comprehensive plan developments.

5.

Permit the implementation of the goals of the Rockville 2040 Comprehensive Plan, as amended by the 2025 Town Center Master Plan, consistent with adequate public facilities standards.

6.

Provide and allow for flexibility and creative residential and non-residential development of building placement and design, lot layout and size, and properties with physical site constraints that is compatible with the surrounding neighborhood.

b.

Implementation. The interim comprehensive plan floating zones are intended to provide an alternative to development under the existing zones. To obtain a floating zone, an applicant must obtain approval of a floating zone map amendment under section 25.06.01.

c.

Residential interim comprehensive plan floating zones.

1.

There are three (3) residential interim comprehensive plan floating zones:

(a)

Residential Attached—Floating Zone (RA-FZ)

(b)

Residential Multiple Unit—Floating Zone (RM-FZ)

(c)

Residential Flexible —Floating Zone (RF-FZ)

2.

Development standards.

(a)

Except as modified in this subsection, the use restrictions and development standards of the residential floating zones shall be the same as their respective equivalent zones.

(i)

The Residential Attached—Floating Zone (RA-FZ) equivalent zone is Residential Medium Density RMD-15.

(ii)

The Residential Multiple Unit—Floating Zone (RM-FZ) equivalent zone is Residential Medium Density RMD-25.

(iii)

The Residential Flexible—Floating Zone (RF-FZ) equivalent zone is Residential Medium Density RMD-15, unless the Rockville 2040 Comprehensive Plan recommends another existing zone, in which case that zone shall be the equivalent zone.

(b)

For all residential floating zones, the development standards of the equivalent zones are modified as follows:

(i)

No minimum tract area;

(ii)

No minimum tract frontage; and

(iii)

Maximum lot coverage is increased by fifty (50) percent over the maximum lot coverage of the applicable equivalent zone.

d.

Mixed-use interim comprehensive plan floating zones.

1.

There are three (3) mixed-use interim comprehensive plan floating zones:

(a)

Commercial and Residential Mix—Floating Zone (CRM-FZ)

(b)

Office, Commercial, and Residential Mix—Floating Zone (OCRM-FZ)

(c)

Service, Industrial, and Residential Mix—Floating Zone (SRM-FZ)

2.

Development standards.

(a)

Except as modified in this subsection, the use restrictions and development standards of the mixed-use interim comprehensive plan floating zones shall be the same as their respective equivalent zones.

(i)

The Commercial and Residential Mix—Floating Zone (CRM-FZ) equivalent zone is Mixed Use Corridor Transition (MXCT).

(ii)

The Office, Commercial, and Residential Mix—Floating Zone (OCRM-FZ) equivalent zone is Mixed Use Corridor District (MXCD).

(iii)

The Service, Industrial, and Residential Mix—Floating Zone (SRM-FZ) equivalent zone is Mixed Use Business (MXB).

e.

Town Center interim comprehensive plan floating zones.

1.

There are three (3) Town Center interim comprehensive plan floating zones, which correspond to the three (3) character areas identified in the 2025 Town Center Master Plan:

(a)

MD-355 Corridor Character Area—Floating Zone (Corridor-FZ)

(b)

Core Character Area—Floating Zone (CCA-FZ)

(c)

Edge Character Area—Floating Zone (ECA-FZ)

2.

Development standards.

(a)

Except as modified in subsection 25.14.35.e.2, the use restrictions and development standards of the Town Center interim comprehensive plan floating zones shall be the same as their respective equivalent zones.

(i)

The MD-355 Corridor Character Area—Floating Zone (Corridor-FZ) equivalent zone is MXTD.

(ii)

The Core Character Area—Floating Zone (CCA-FZ) equivalent zone is MXTD.

(iii)

The Edge Character Area—Floating Zone (ECA-FZ) equivalent zone is MXCD.

(b)

Height.

(i)

Maximum height in the Corridor-FZ is two hundred thirty-five (235) feet, with an additional one hundred (100) feet permitted for a development providing twenty (20) percent or more on-site dwelling units as MPDUs or other deed restricted affordable housing.

(ii)

Maximum height in the CCA-FZ is two hundred (200) feet, with an additional one hundred (100) feet permitted for a development providing twenty (20) percent or more on-site dwelling units as MPDUs or other deed restricted affordable housing.

(iii)

Maximum height in the ECA-FZ is eighty-five (85) feet, with an additional fifty (50) feet permitted for a development providing twenty (20) percent or more on-site dwelling units as MPDUs or other deed restricted affordable housing.

(c)

Parking. For any tract within one-half (0.5) mile of the Rockville Metro Station or one-fourth (0.25) miles of a planned BRT station, no minimum number of parking spaces is required. Notwithstanding the foregoing, an applicant must provide a minimum of one (1) accessible parking space meeting State design standards for every twenty-five (25) dwelling units, or demonstrate that the requisite number of accessible parking spaces are available within one thousand (1,000) feet of an accessible entrance to the residential use. This subsection does not affect any requirements for the provision of loading areas under this chapter or other applicable law.

(d)

Ground floor residential. Residential uses otherwise permitted by a project's equivalent zone are permitted on the ground floor of any building in a Town Center interim comprehensive plan floating zone.

f.

Modification of equivalent zone development standards. The Approving Authority for a project plan being reviewed with a floating zone map amendment application may modify one (1) or more of the development standards of the designated equivalent zone upon a finding that the applicant has shown good cause as to why the development standard should not apply to the project. In determining whether the burden of establishing good cause has been met, the Approving Authority must consider the following:

1.

Whether the modification of the development standard of the equivalent zone permits the application to meet the intent of the plan;

2.

Whether the modification of the development standard results in development that is compatible with development on adjacent properties;

3.

Whether applying the development standard of the equivalent zone is consistent with good planning and design principles; and

4.

Such other factors as the Approving Authority reasonably deems appropriate.

g.

Aesthetic standards. Any development within an interim comprehensive plan floating zone must comply with the following aesthetic standards:

1.

Façades and massing.

(a)

Buildings shall be designed in a way that avoids massive scale and uniform and impersonal appearance and provides visual interest consistent with the community's identity, character, and scale. Building design shall provide attractive, well-proportioned orientation to the public realm of streets, plazas, and parks. Building walls greater than one hundred (100) feet long must include projections, recessions, or other treatments sufficient to reduce the unbroken massing of the façade along all sides of the building facing public streets.

(b)

Any façade facing a public street must include windows, arcades, awnings, or other acceptable features along at least sixty (60) percent of the building length. Arcades and other weather protection features must be of sufficient depth and height to provide a light-filled and open space along the building frontage. Architectural treatment, similar to that provided to the front façade must be provided to the sides and rear of the building to mitigate any negative view from any location off-site and any public area (e.g., parking lots, walkways, etc.) on site.

(c)

Buildings must include architectural features that contribute to visual interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the building wall along those sides fronting on public streets with color, texture change, wall offsets, reveals, or projecting ribs.

2.

Roofs. Roof design must provide variations in rooflines where appropriate and add interest to, and reduce the massive scale of, large buildings. Roof features should complement the architectural and visual character of adjoining neighborhoods. Roofs should include two (2) or more roof planes. Parapet walls must be architecturally treated to avoid a plain, monotonous look. For energy-saving purposes, roof design should also include a light color surface or be planted with vegetation.

3.

Entryways. Commercial building design must include design elements which clearly indicate to customers where the entrances are located, and which add aesthetically pleasing character to buildings by providing highly visible customer entrances.

h.

Public benefits.

1.

Any development approved within an interim comprehensive plan floating zone must provide public benefits that enhance or contribute to the objectives of the Plan and that are proportionate to the scale of the proposed development. Public benefits may include, but are not limited to, providing Moderately Priced Dwelling Units (MPDUs) or public use space above the minimum required, streetscape improvements, wayfinding, and environmental building efficiency standards or other benefits that exceed code requirements.

(Ord. No. 16-23, 10-9-23; Ord. No. 6-25, 3-24-25)