Rewrite for the Future: Montgomery County’s New

Zoning Code

October 12, 2012

Lerch, Early & Brewer, Chtd.

www.lerchearly.com

Presentation from Montgomery County Planning Department

Chapter 59: Zoning Code

Zoning Code Rewrite Fall 2012

Topics • Introduction• Schedule• The Big Picture & How It All Fits Together • What’s New

Introduction

Goals and Objectives: • Modernize

– Consolidation of uses and zones– Update single-use commercial areas; limited residential development

• Simplify– Make the zoning code easier to use – One use table– Diagrams – Separate articles on Euclidean zones, floating zones, standard and

optional method

• Clarify– Review process determined by intensity of use and proximity to

residential development– Inclusion of public benefits, recreational facilities and landscaping

amenities– Protections for legal nonconforming development and existing

approvals

Introduction Organization:• 59-1 General Provisions

– Purpose– Applicability– Use of the Code– Definitions

• 59-2 Zoning Districts– Zones Established– Euclidean and Floating Zone Intent Statements – Zoning Map

• 59-3 Uses & Use Standards– Use Table– Use Categories – Agricultural, Residential, Civic, Commercial, Industrial, Miscellaneous

• 59-4 Euclidean Zoning Regulations– Rules for all zones – Standard method development regulations– Overlay zones

Introduction Organization:• 59-5 Floating Zone Regulations

– Applicability– Purposes– Land Uses and Building Types– Development Standards

• 59-6 Optional Method Regulations– MPDU and Cluster – TDR– C/R and Employment zones– Public Benefits

• 59-7 General Development Regulations– Site Access, Parking, Queuing, and Loading– Open Space– Recreation Facilities– Landscaping and Outdoor Lighting, Storage & Display– Signs

• 59-8 Administration & Procedures– Organized by type of approval

The Big Picture

Interconnections

Intensity & Impact

Land uses & Use standards

Basic regulations

Process & Transparency

Options and alternativesInterconnections between regulations.

Development subject to regulations should produce the desired patterns.

The Big PictureUses• More Flexible• Mixed-use Middle• Attainable Housing

Existing development• Mature Areas Standards• Living with Nonconformities

Impacts• Dynamic Development Standards• Negotiated Large Developments

Public Interface• Depoliticized Final Approvals• Better Webbing• Scheduled Maintenance

Elliot’s example of 10 “Better Ways to Zone”

The Big Picture

Balance

Euclidean vs Floating

Standard vs Optional

General Regulations vs Alternative Compliance

Permit vs Site Plan vs Sketch Plan/FZMA

Permitted vs Limited vs Conditional

Standards vs. Waivers & Variances

Balance & proportional ‘reaction’.

Basic Zoning FamiliesAgriculturalRural ResidentialResidential – Detached, Townhouse, Apartment

Commercial/Residential – Neighborhood, Town, and Regional

Employment – Office, Life Sciences, General Retail, Neighborhood Retail

Industrial – Light & Heavy

Basic zoning districts to implement area plans and policies

The Big Picture

The Big PictureFloating Zones• Residential – Detached,

Town, Apartment• C/R – Neighborhood,

Town, and Regional• Employment – Office, Life

Sciences, General Retail, Neighborhood Retail

Floating zones for interim opportunities with public input between master plan revisions

The Big PictureOverlay Zones• SPAs – limits on impervious

area• NP – neighborhood

protection• TDR – receiving areas

Overlay zones for unique circumstances

The Big Picture Development Methods• Standard

– Established building types– Set development standards– Limited process

• Optional– Flexible building types– Increased density and/or flexible development

standards– Public benefits and amenities

• Rural/Residential: environmental and affordable housing• C/R & Employment: various

– Additional process

Basic standards vs negotiated options

How the Pieces Fit TogetherSubdivision

Staging

Zoning Requirements

Master Plans & Guidelines

Forest Conservation &

SWM Regulations

Affordable Housing

Requirements

Subdivision Regulations

Road Code, Building Code,

etc.

Zoning is one aspect of regulations used to implement policy.

Various agencies and all property owners and citizens use the zoning ordinance to design, review, and implement development.

Buildable project

How the Pieces Fit Together

Subject Zone

Development Method

Standard

Optional

(Rezoning)

Use

Permitted

Limited

Conditional

Intensity

Units

Bulk

Height

Adjacency

Low/Medium Density

Medium/High Density

A toolkit must be complete: we have a wide variety of land uses from highly urbanized mixed use to rural agricultural

Tools within the toolkit must complement each other to get the job done

Thresholds based on intensity: non-discretionary approvals versus process-oriented discretionary approvals

How the Pieces Fit Together• Options• Plantings/Fencing/Berms• Based on Building Type & Adjacent Zone

Buffering

• Lighting Restrictions• Buffering & Planting

Parking

• Angular Plan Restriction• Based on Adjacent Zoning Standards

Neighborhood Compatibility

Basic rules for compatibility built in

How the Pieces Fit TogetherFindings for approvals

connect the ordinance to master plans

Development has public facility and

master plan staging restrictions

The full range of use, density, and form must be available

for the 40+ master plans

Master plans recommend zoning to implement land use policy

Master plans

Staging

Adequate Public Facilities

Findings

How the Pieces Fit TogetherSubmittal Requirements•Application•Ownership•Site Information• Justification Statement

•Plans

Findi

ngs

•Zon

ing

Com

plia

nce

•Mas

ter P

lan

Conf

orm

ance

•Com

patib

ility

•Lay

out

Asse

ssm

ent

Notice•Signs

•Mailings

•Newspapers

•Agendas

Again: balance

20

What’s New?

Building Type Descriptions

21

What’s new??

Building Types Allowed

Uses and Uses Standards • One use table• Use Categories (ag, residential, civic, commercial, industrial, misc)• Use Groups (farming, home occupation, parking)• Individual Uses (crop farming, livestock farming)• Each use group or individual use:

– Defined with examples; – Some use groups have standards– All individual uses have standards where L or C

New Uses – Access to Local Food Production– Flexible Housing Options– Zone Consolidation– Use Modernization/Clarification

What’s New?

Agricultural, Rural Residential, and Residential Zones

Very few changes proposed for these zones, some modifications include:• Propose changing the name of the RDT zone to Agricultural Reserve (AR)

• Consolidation of several uses into Residential Care facility – 3 categories proposed based on size:– Residential Care Facility (up to 8 persons)– Residential Care Facility (9 – 16 persons)– Residential Care Facility (over 16 persons)

• Proposed removal of the use “Parking of motor vehicles, other than heavy commercial vehicles, off-street in connection with commercial uses” , currently a special exception in the R-60 and R-40 zones. (Retained use in historic districts only)

• Addition of building types to the code means a general building in the ag, rural and residential zones has development standards that differ from the standards for a detached house. The general building is not a use – it is a building type provided to accommodate allowed uses in these zones, such as a Cultural Institution or Day Care Facility.

What’s New?

C/R and Employment Zones

C/R has been modified during the rewrite process:• revising the allowable uses due to consolidation of the use table and zones,• revising the Limited use, • creating development requirements for standard method development, and• adjusting the public benefit point allocations

Employment zones:• modeled on the C/R family of zones • dimensional requirements for standard method development • optional method of development requires public benefit points• fewer total points, from fewer categories, are needed

What’s New?

Floating Zones

New families of floating zones proposed: Residential Floating zonesC/R Floating Zones, and Employment Floating Zones

Article on Floating zones contains: – Zones– Applicability– Purposes– Land Uses– Building Types– Development Standards

• Maximum density restricted by pre-existing zone & lot size• Height restrictions based on angular plane

What’s New?

Optional Method

Rural Residential, and Residential Zones – – No changes to density or building types. – Modest changes to development standards ; slightly reduced lot sizes to allow for greater

land preservation.– Useable area redefined to be less ambiguous

C/R and Employment Zones - – Public Benefits

• Major Public Facilities;• Transit Proximity;• Connectivity & Mobility;• Diversity of Uses & Activities;• Quality Building & Site Design;• Protection & Enhancement of the Natural Environment (incorporated retained

buildings);– General Considerations: no change;– Implementation Guidelines: no change.

What’s New?

General Development Regulations: Updated parking numbers

– Integrated with new Chapter 60– Bike spaces based on use (not parking)

Open space standardsRecreation facility point systemBuffering & screening requirementsSigns & outdoor storage largely unchanged

What’s New?

Administration and Procedures:

• Separate sections on approvals by review authority, each section includes:– Applicability– Application Requirements– Review and Recommendation– Approval Criteria– Decision– Subsequent Applications – Scope of Approval– Recording Procedures– Amendments

• Noticing Standards• Existing Approvals• Nonconformities• Violations, Penalties and Enforcement• Special Provisions

What’s New?

Tools Comparison charts for uses Fact SheetsVideo

EGR ENR EOF

(S) (O) (S) (O) (S) (O) (S) (O) (S) (O) (S) (O) (S) (O)

Community Garden L L LFarm building supply and construction

CommercialP^ P^ P^

Farm implements, storage and sales

CommercialP P

Feed and grain, storage and sales

CommercialP P

P

Farm, l imited to crops, vegetables, herbs and ornamental plants

AgriculturalP P P

L L L

^= Use has 1 or more footnotes attached

New Use

Farming

Urban FarmingL

AGRICULTURAL

New Use/ Use Group

Current Use Current Category

C-O

L

R&D

TMX

CR

ELSCR

C-1

C-2

C-4

LL L L

CBD-

R2

C-2

LSC

CBD-

O.5

CBD-

R1

CBD-

1

CBD-

2

CBD-

3

CR-N

C-1

RMX-

2C

RMX-

3

RMX-

3C

MXT

C

TOM

X-2.

0

Farm Supply, Machinery Sales, Storage, Service

CRN

CR-T

RMX-

1

RMX-

2

CRT

C-1

C-4

LL

http://vimeo.com/montgomeryplanning/what-is-zoning

Tools Conversion Chart and Master Plan Analysis Packets

Tools Conversion Chart and Master Plan Analysis Packets

CRN Commercial/Residential - NeighborhoodCRT Commercial/Residential - TownENR Employment, Neighborhood RetailCRT Commercial/Residential - TownEGR Employment, General RetailCRN Commercial/Residential - NeighborhoodCR Commercial/Residential

C-5 Low Density OfficeC-6 Low Density Regional CommercialC-Inn Country Inn * Revert to former zone

C-O Commercial Office Building EOF Employment, OfficeR&D Research & Development ELS Employment, Life SciencesLSC Life Sciences Center ELS Employment, Life Sciences

CBD-0.5 Central Business District - 0.5CBD-1 Central Business District - 1CBD-R1 CBD, Residential - 1CBD-2 Central Business District - 2CBD-R2 CBD, Residential - 2CBD-3 Central Business District - 3

CR Commercial/Residential CR Commercial/ResidentialCRT Commercial/Residential- Town CRT Commercial/Residential- TownCRN Commercial/Residential - Neighborhood CRN Commercial/Residential - NeighborhoodRMX-1 Residential, Mixed-Use DevelopmentRMX-2 Residential, Mixed-Use DevelopmentRMX-2C Residential, Mixed-Use DevelopmentRMX-3 Residential, Mixed-Use DevelopmentRMX-3C Residential, Mixed-Use DevelopmentMXTC Mixed-Use Town Center CRT Commercial/Residential - TownTOMX-2 Transit-Oriented, Mixed-Use CRT Commercial/Residential - TownTMX-2 Transit Mixed-Use CR Commercial/Residential

CRT Commercial/Residential - Town

C-2 General Commercial

Central Business District Zones

C-4 Limited Commercial

All C-6 is in White Oak Science Gateway Master Plan; under study

Commercial Zones

C-1 Convenience Commercial

Mixed-Use Zones

Office Zones

None Zoned; Not Retained

Commercial/ResidentialCR

Symbol Name Symbol Name

RDT Rural Density Transfer AR Agricultural ReserveR Rural R RuralRC Rural Cluster RC Rural ClusterLDRC Low Density Rural ClusterRNC Rural Neighborhood Cluster RNC Rural Neighborhood Cluster

RE-2 Residential Estate - 2 RE-2 Residential Estate - 2RE-2C Residential Estate - 2C RE-2C Residential Estate - 2CRE-1 Residential Estate -1 RE-1 Residential Estate - 1R-200 Residential - 20,000 sf lotR-150 Residential - 20,000 sf lotR-90 Residential - 9,000 sf lot R-90 Residential - 9,000 sf lotR-60 Residential - 6,000 sf lot R-60 Residential - 6,000 sf lotR-40 Residential - 6,000 sf lot R-40 Residential - 6,000 sf lot

R-4plex Residential 4-plexR-30 Multi-Family, Low Density R-30 Multi-Unit, Low DensityR-20 Multi-Family, Medium Density R-20 Multi-Unit, Medium DensityR-10 Multi-Family, High Density R-10 Multi-Unit, High Density

I-1 Light IndustrialI-4 Light IndustrialI-2 Heavy Industrial IH Industrial, HeavyMRR Mineral Resource Recovery

Industrial, Light

Residential, Multi-Unit

Current Zone Proposed Zone

Agricultural and Rural Residential

R-200 Residential- 20,000 sf lot

Residential, Detached

Industrial Zones

IL

None Zoned; Not Retained

None Zoned; Not Retained

None Zoned; Not Retained

Tools Companion document to the Consolidated DraftRedline version to accompany each report Code text disposition

Planning Board Review Process

Sept 10 - 13

•Introduction, Format, Organization

•Creating a Toolkit: policies, goals, the big picture

•Organization & Process: approach, outreach

Sept 20 –

Oct 11

•Commercial/Residential & Employment Zoning Districts

•Intent, Uses

•Development Standards, Optional Method

Oct 15- 29

•Agricultural, Rural, and Residential Zoning Districts

•Intent, Uses

•Development Standards, Optional Method

Nov 1- 13

•Overlay &Floating Zoning Districts

•Intent/Purpose, Applicability, Uses

•Development Standards

Nov 15-

Dec 6

•General Development Regulations and Administration & Procedures

•Applicability and Requirements

•Map Amendments, Text Amendments, Regulatory Applications

www.zoningmontgomery.org

For more information

35

Lerch, Early & Brewer, Chtd.3 Bethesda Metro Center, Suite 460

Bethesda, MD 20814(301) 986-1300

www.lerchearly.com

Thank you for your participation