[Planning Board][[PHED Committee]] Council Approved [[Draft]]

[[Article 59-6. Optional Method Requirements

[Div. 6.1. MPDU Development in Rural Residential
Editor's Note: Article 6 in ZTA 13-04, as introduced, was included in Article 4 of the
and
Residential Zones
approved code, thereby reducing the total number of Articles by 1.

[Div. 6.6. Optional Method Public Benefits

Sec. 6.6.1. General Provisions .............................................................. 620

Sec. 6.1.1. General Requirements............................................................ 62

Sec. 6.6.2. Public Benefit Overview....................................................... 620

Sec. 6.1.2. General Site and Building Type Mix........................................ 64

Sec. 6.6.3. Public Benefit Descriptions and Criteria ........................... 621]

Sec. 6.1.3. Detached House....................................................................... 65

Sec. 6.1.4. Duplex...................................................................................... 66
Sec. 6.1.5. Townhouse............................................................................... 67
Sec. 6.1.6. Apartment[/Condo]................................................................68]

[Div. 6.2. Cluster Development in Rural

Residential and Residential Zones
Sec. 6.2.1. General Requirements ........................................................... 69
Sec. 6.2.2. Development Standards ........................................................ 69
Sec. 6.2.3. General Site, Building Type Mix, and Height Standards ......611
Sec. 6.2.4. Detached House and Duplex ...................................................612
Sec. 6.2.5. Townhouse ................................................................................ 613]

[Div. 6.3. Transferable Development Rights (TDR)

Overlay
Sec. 6.3.1. In General............................................................................. 614]

[Div. 6.4. Commercial/Residential Zones

Sec. 6.4.1. General Requirements .........................................................617
Sec. 6.4.2. Development Standards.......................................................617]

[Div. 6.5. Employment Zones

Sec. 6.5.1. General Requirements . ....................................................... 618
Sec. 6.5.2. Development Standards...................................................... 618]

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.1. MPDU Development in Rural Residential and Residential Zones

Section 1.1.1. General Requirements

This optional method of development is permitted [Where] where moderately

priced dwelling units (MPDUs) are included in a development above the minimum
required by Chapter 25A, [this optional method of development is permitted in
order] to facilitate the construction of those units.

A. Development Approval Procedure

[A site] Site plan [must be filed] approval under [Sec.] Section 8.3.4 is required.

B. MPDU Development Across Different Zones

Optional method MPDU [Optional Method] Development may occur across different zones under the following limitations:
1. The differently zoned areas must be contiguous;
2. Uses and building types are governed by the zone; [and]
3. [Total density and open space must satisfy the requirements under Sec.
6.1.2. and must not exceed the maximum density or provide less than the
minimum open space] The requirements of Section 6.1.2 apply; density and
open space must be calculated as if each area were developed individually;
and
4. The allowed number of units and required open space may be located without regard to the limits in the underlying zone.

C. Usable Area
Density is calculated on usable area within the tract.

D. Requirements for MPDU Projects with 20 or Fewer Dwelling Units

In a Residential Detached zone, an applicant who voluntarily provides at least
12.5% MPDUs in a development with 20 or fewer dwelling units may use the
optional method development standards of [Sec.] Section 6.1.2., except that:
1. [any] a perimeter lot that is adjacent, abutting, or confronting one or more
existing detached house dwellings must [conform to] satisfy the dimensional
standards under the standard method of development;

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2. the MPDU buildings must be similar in size and height to the market rate
dwellings in that development; and
3. the maximum percentage of townhouses [must not exceed] is 40% of the total residential dwellings in that development,[; however, the Planning Board
may approve] unless a development in which up to 100% of the units consist
of townhouses[, if] is approved by the Planning Board [finds] upon a finding
that the increased use of townhouses is more desirable for environmental
reasons and the increased use of townhouses is compatible with adjacent
development.

E. Special Requirements for the RNC Zone

1. A diversity of lot sizes is required. The Planning Board must evaluate the
range of lot sizes provided and ensure that a proposed development is compatible with existing development on adjoining properties and is consistent
with the purpose and intent of the zone.
2. The Planning Board [should encourage] must favor diversity of house sizes
where such diversity would be substantially consistent with neighboring
communities.
3. A lot developed under the optional method must be connected to a community water and sewerage system, unless the applicant provides in a
preliminary plan application that a limited number of lots on a private well
and septic facility within the cluster will provide a more beneficial subdivision
design because of environmental or compatibility reasons.

F. Special Requirements for the RE-2C and RE-1 Zones

Optional method MPDU [Optional Method] Development is applicable only for
development that is served by public sewer service and where designated for
sewer service in the applicable master plan.

G. Dedicated Land
Land dedicated to public use for school and park sites may be included in the
calculation of the density of development if development of the remaining land
satisfies [the general requirements of this] Division 6.1 [(Div. 6.1)].

Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d

[Planning Board][[PHED Committee]] Council Approved [[Draft]]

H. Building Types Allowed by Zone

Building types are allowed in optional method MPDU Development as follows:

100%

Rural Residential Zones

Rural Neighborhood Cluster (RNC)
Residential Detached Zones
Residential Estate - 2C (RE-2C)
Residential Estate - 1 (RE-1)
Residential - 200 (R-200)
Residential - 90 (R-90)
Residential - 60 (R-60)
Residential - 40 (R-40)
Residential Townhouse Zones
Townhouse Low Density (TLD)
Townhouse Medium Density (TMD)
Townhouse High Density (THD)
Residential Multi-Unit Zones
Residential Multi-Unit Low Density - 3 (R-30)
Residential Multi-Unit Medium Density - 2 (R-20)
Residential Multi-Unit High Density - 1 (R-10)

Min % Build-To

Setback

Min % Build-To

Buildable Area

Setback

Buildable Area

Setback

100%

Duplex

Townhouse

Apartment[/Condo]

--

A
A
A
A
A
A

A
A
A
A
A
A

A
A
A
A
A
A

-------

A
A
A

A
A
A

A
A
A

----

A
A
A

A
A
A

A
A
A

A
A
A

20

30

40

40

30

20

15

10

20

15

5
5

10

10

30

40

Detached
House

KEY: A = Allowed to accommodate permitted, limited, and conditional uses

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Setback

10
20
30
40

-- = Not allowed

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Section 1.1.2. General Site and Building Type Mix

Optional method MPDU Development allows an increase in density above the total number of dwelling units allowed by the standard method of development; allows additional
building types; and provides more flexibility for certain dimensional standards as indicated in [Sec.] Section 6.1.2 through [Sec.] Section 6.1.6.

A. Site
RNC
RE-2C
RE-1
R-200
R-90
R-60
R-40
TLD
TMD
THD
R-30
R-20
R-10
Dimensions (min)
Usable area
10 acres 34 acres 17 acres 9 acres
5 acres
3 acres
3 acres 20,038 SF 20,038 SF 39,204 SF 11,761 SF 15,682 SF 20,038 SF
Specification for Dimensions
In the RNC zone, the Planning Board may waive the 10 acre minimum where the property abuts an existing property developed under the provisions of [this] Division 6.1, and the result1
ing development is a logical extension of the existing development.
Density (max)
Density (units/acres)
1.22/1
0.48/1
1.22/1
2.44/1
4.39/1
6.1/1
10.12/1
9.76/1
15.25/1 18.30/1 17.69/1 26.47/1 53.07/1
Coverage (min)
Rural open space (% of usable area)
65%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
Common open space (% of usable area)

5%

5%

10%

20%

30%

40%

40%

45%

45%

30%

35%

35%

35%

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

100%

B. Building Type

Building Type (max % of building type)

Detached House

Duplex or Townhouse
100%
30%
30%
40%
50%
60%
100%
100%
100%
100%
100%
100%
100%
Apartment[/Condo]
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
100%
100%
100%
Specification for Building Type
In the R-200, R-90, and R-60 zones, the Planning Board may allow up to 100% duplex or townhouse units if it finds that the proposed development is more desirable from an environ1
mental perspective or that, because of site constraints, the proposed number of MPDUs could not be achieved under the development requirements in [this] Division 6.1 [(Div. 6.1)] for
the required number of detached house dwelling units.

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Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d

[Planning Board][[PHED Committee]] Council Approved [[Draft]]

Section 1.1.3. Detached House

A. Lot

Dimensions (min)
Lot area

RNC

RE-2C

RE-1

4,000 SF 12,000 SF 9,000 SF

R-200

R-90

R-60

R-40

TLD

TMD

THD

R-30

R-20

R-10

6,000 SF

4,000 SF

3,000 SF

3,000 SF

3,000 SF

2,000 SF

1,500 SF

1,500 SF

1,000 SF

1,000 SF

15'

15'

15'

10'

10'

10'

10'

6'

6'

6'

6'

10'

10'

10'

10'

5'

5'

5'

5'

4'

4'

4'

4'

75%

75%

75%

75%

Lot width at front building line (feet)

Determined at site plan
Lot width at front lot line
25'
25'
25'
25'
25'
25'
25'
15'
15'
15'
Frontage on street or open space
Required
Specification for Lot
1
In the Residential Detached zones, lot width at the front building line and setback requirements may be reduced under [Sec.] Section 4.4.2.B.

B. Placement

Principal Building Setbacks (min)

Front setback from public street
15'
35'
35'
25'
25'
20'
20'
10'
10'
Front setback from private street or open
15'
10'
10'
10'
10'
10'
10'
6'
6'
space
Side street setback
15'
20'
20'
15'
15'
15'
15'
10'
10'
Side or rear setback
Determined at site plan
Side or rear setback, abutting property not
Equal to required setback in Article 59-4 for a detached house building type in the abutting zone
included in application
Rear setback, alley
4' or 20'
Accessory Structure Setbacks (min)
Front setback, behind front building line
5'
5'
5'
5'
5'
5'
5'
5'
5'
Side street setback
Side street setback for principal building plus 5'
Side or rear setback
Determined at site plan
Side or rear setback, abutting property not
Equal to required setback in Article 59-4 for a detached house building type in the abutting zone
included in application
Rear setback, alley
4'
4'
4'
4'
4'
4'
4'
4'
4'
Coverage (max)
Roofed buildings and structures
35%
35%
35%
35%
50%
60%
60%
60%
60%

C. Height

Building Height (max)

Principal building

35'

40'

40'

40'

40'

40'

40'

40'

40'

40'

40'

40'

40'

Accessory structure

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Section 1.1.4. Duplex

A. Lot

Dimensions (min)
Lot area

RNC

RE-2C

RE-1

R-200

R-90

R-60

R-40

TLD

TMD

THD

R-30

R-20

R-10

3,500 SF

7,500 SF

4,500 SF

3,000 SF

2,000 SF

1,500 SF

1,500 SF

1,500 SF

1,000 SF

1,000 SF

1,000 SF

800 SF

800 SF

15'

15'

15'

10'

10'

10'

10'

6'

6'

6'

6'

10'

10'

10'

10'

5'

5'

5'

5'

4'

4'

4'

4'

75%

75%

75%

75%

Lot width at front building line

Determined at site plan
Lot width at front lot line
25'
25'
25'
25'
25'
25'
25'
15'
15'
15'
Frontage on street or open space
Required
Specification for Lot
1
In the Residential Detached zones, lot width at the front building line and setback requirements may be reduced under [Sec.] Section 4.4.2.B.

B. Placement

Principal Building Setbacks (min)

Front setback from public street
15'
35'
35'
25'
25'
20'
20'
10'
10'
Front setback from private street or open
15'
10'
10'
10'
10'
10'
10'
6'
6'
space
Side street setback
15'
20'
20'
15'
15'
15'
15'
10'
10'
Side or rear setback
Determined at site plan
Side or rear setback, abutting property not
Equal to required setback in Article 59-4 for a detached house building type in the abutting zone
included in application
Rear setback, alley
4' or 20'
Accessory Structure Setbacks (min)
Front setback, behind front building line
5'
5'
5'
5'
5'
5'
5'
5'
5'
Side street setback
Side street setback for principal building plus 5'
Side or rear setback
Determined at site plan
Side or rear setback, abutting property not
Equal to required setback in Article 59-4 for a detached house building type in the abutting zone
included in application
Rear setback, alley
4'
4'
4'
4'
4'
4'
4'
4'
4'
Coverage (max)
Roofed buildings and structures
35%
35%
35%
35%
50%
60%
60%
60%
60%

C. Height

Building Height (max)

Principal building

35'

40'

40'

40'

40'

40'

40'

40'

40'

40'

40'

40'

40'

Accessory structure

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

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Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d

[Planning Board][[PHED Committee]] Council Approved [[Draft]]

Section 1.1.5. Townhouse

A. Lot

Dimensions (min)
Lot area

RNC

RE-2C

RE-1

R-200

R-90

R-60

R-40

TLD

TMD

THD

R-30

R-20

R-10

1,500 SF

1,500 SF

1,500 SF

1,200 SF

1,200 SF

1,200 SF

1,200 SF

800 SF

800 SF

800 SF

800 SF

800 SF

800 SF

14'

14'

14'

10'

10'

10'

10'

6'

6'

6'

6'

10'

10'

10'

10'

5'

5'

5'

5'

4'

4'

4'

4'

75%

75%

75%

75%

Lot width at front building line

Determined at site plan
Lot width at front lot line
14'
14'
14'
14'
14'
14'
14'
14'
14'
14'
Frontage on street or open space
Required
Specification for Lot
1
In the Residential Detached zones, lot width at the front building line and setback requirements may be reduced under [Sec.] Section 4.4.2.B.

B. Placement

Principal Building Setbacks (min)

Front setback from public street
15'
35'
35'
25'
25'
20'
20'
10'
10'
Front setback from private street or open
15'
10'
10'
10'
10'
10'
10'
6'
6'
space
Side street setback
15'
20'
20'
15'
15'
15'
15'
10'
10'
Side or rear setback
Determined at site plan
Side or rear setback, abutting property not
Equal to required setback in Article 59-4 for a detached house building type in the abutting zone
included in application
Rear setback, alley
4' or 20'
Accessory Structure Setbacks (min)
Front setback, behind front building line
5'
5'
5'
5'
5'
5'
5'
5'
5'
Side street setback
Side street setback for principal building plus 5'
Side or rear setback
Determined at site plan
Side or rear setback, abutting property not
Equal to required setback in Article 59-4 for a detached house building type in the abutting zone
included in application
Rear setback, alley
4'
4'
4'
4'
4'
4'
4'
4'
4'
Coverage (max)
Roofed buildings and structures
50%
50%
50%
50%
60%
60%
60%
60%
60%

C. Height

Building Height (max)

Principal building

35'

40'

40'

40'

40'

40'

40'

40'

40'

40'

40'

40'

40'

Accessory structure

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

25'

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Section 1.1.6. Apartment[/Condo]

A. Lot

Dimensions (min)
Lot area
Lot width at front lot line

R-30

R-20

R-10

12,000 SF

16,000 SF

20,000 SF

50'

50'

50'

B. Placement

Principal Building Setbacks (min)

Front setback from public street
Side street setback
Side or rear setback
Side or rear setback, abutting property not
included in application
Parking Setbacks (min)
Front setback

Determined at site plan

Determined at site plan
Determined at site plan
Equal to required setback in Article 59-4 for a detached house building
type in the abutting zone and [Sec. 7.4.3] Section 4.1.8.A
30'

30'

30'

Side street setback

10'
10'
10'
Side or rear setback
0'
0'
0'
Side or rear setback, abutting property not Equal to required setback in Article 59-4 for a detached house building
included in application
type in the abutting zone and [Sec. 7.4.3] Section 4.1.8.A
Coverage (max)
Roofed buildings and structures
18%
18%
12%

C. Height

Building Height (max)

Principal building
Accessory structure

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35' [and Sec. 7.4.4]

25'

80' and [Sec. 7.4.4]

Section 4.1.8.B
25'

100' and [Sec. 7.4.4]

Section 4.1.8.B
25'

Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d

[Planning Board][[PHED Committee]] Council Approved [[Draft]]

Division 6.2. Cluster Development in Rural Residential and Residential Zones

the Planning Board.

A. Development Approval Procedure

[An applicant for development on a property with an approved sketch plan must
file a site] Site plan approval under [Sec.] Section 8.3.4 is required.

B. Community Water and Sewer

In the Residential Detached zones, development under this method is prohibited
unless the resulting development will be connected to community water supply and sewerage systems; however, if land in the RE-2C zone is not served by
community sewer, it may be developed under this method under the following
conditions:
1. A master plan specifically recommends cluster development with community water but not community sewer;
2. The resulting development will be connected to community water; and
3. The resulting development meets all of the requirements for individual sewerage systems in the most recent County comprehensive water supply and
sewerage systems plan and Executive Regulation No. 5-79, as amended, on
individual water supply and sewage disposal systems.

Building types are allowed in optional method Cluster Development as follows:

100%

Min % Build-To

Setback

Min % Build-To

Buildable Area

Setback

Buildable Area

Setback
5

10

15

20

30

40

30

40

100%

40

30

20

15

10

20

Detached
House

Setback

5
5

The cluster method of development provides an optional method of development that encourages the provision of community open space for active or passive recreation as well as the preservation and enhancement of natural resources.
Optional method Cluster Development allows flexibility in lot layout and for variety
in the types of residential buildings. The density of dwelling units per acre and open
space requirements are not changed. The character of the existing neighborhood is
protected and open space for common use is provided. [In order to] To accomplish
these objectives, certain changes in lot areas and dimensions and a greater variety
of building types are allowed. An applicant's use of this method of development,
and site plan approval for portions of such development, are subject to approval by

C. Building Types Allowed by Zone

10

Section 1.2.1. General Requirements

10
20
30
40

Duplex

Townhouse

Rural Residential Zones

Rural Cluster (RC)

--

--

Residential Detached Zones

Residential Estate - 2C (RE-2C)
Residential Estate - 1 (RE-1)
Residential- 200 (R-200)
Residential- 90 (R-90)
Residential - 60 (R-60)

A
A
A
A
A

---A
A

---A
A

KEY: A = Allowed to accommodate permitted, limited, and conditional uses

-- = Not allowed

Section 1.2.2. Development Standards

Optional method Cluster Development must satisfy [with the requirements of Sec.]
Section 6.2.2.A through [Sec.] Section 6.2.2.F.

A. Master Plan and Design Guidelines

1. Development must substantially conform with the recommendations of the
applicable master plan.
2. [Development] The applicant must address any design guidelines approved
by the Planning Board that implement the applicable master plan.

B. Cluster Development Across Different Zones

Optional method Cluster Development may occur across different zones under
the following limitations:
1. The differently zoned areas must be contiguous;
2. Uses and building types are governed by the zone; [and]
3. [Total density and common open space must satisfy the requirements under
Sec. 6.2.3 and must not exceed the maximum density or provide less than
the minimum common open space] The requirements of Section 6.2.3 ap-

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

ply, with density and open space calculated as if each area were developed
individually; and
4. The allowed number of units and required common open space may be
located in any zone.

C. Usable Area
Density is calculated on usable area in the tract.

D. Dedicated Land
Land dedicated to public use for a school or park site may be included in the
calculation of the density of development if development of the remaining land
[can satisfy] satisfies [the requirements of this Section (Sec. 6.2.2)] Division 6.2.

3. will [better] protect significant environmental features on- and off-site better than would a public road; and
4. has proper drainage.
Each private cul-de-sac must [comply with the requirements of] satisfy Chapter
50 ([Sec.] Section 50-25(h)) concerning private roads. [A] Site plan approval
under Section 8.3.4 may also be required for a subdivision with lots fronting on
a private cul-de-sac [may also be required to comply with site plan under Sec.
8.3.4].

E. Special Requirements for the RC Zone

1. The plan of cluster development must show how scenic vistas would be
preserved or enhanced, and reflect an arrangement that has considered the
visual impact of the residential development on such vistas.
2. The Planning Board may deny the [cluster method] optional method Cluster
Development [or a plan of cluster development] if the development would:
a. [Significant agricultural, farming, or similar activity would be jeopardized
unduly through development under the cluster method] unduly jeopardize significant farming or agricultural activity;
b. threaten the [The] natural integrity of environmentally sensitive areas
[would be threatened due to the cluster development]; or
c. eliminate or substantially diminish significant [Significant] scenic vistas
[would be lost or substantially diminished in value due to the cluster
development].

F. Lots Fronting on a Private Cul-de-Sac in the RE-2C Zone

In the RE-2C zone, lots may front on a private cul-de-sac if the Planning Board
finds, as part of the cluster subdivision plan approval, that the private cul-de-sac:
1. provides safe and adequate access;
2. has sufficient width to accommodate the proposed dwelling units [proposed];

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[Planning Board][[PHED Committee]] Council Approved [[Draft]]

Section 1.2.3. General Site, Building Type Mix, and Height Standards

Optional method Cluster Development permits additional building types and provides more flexibility for certain dimensional standards.

A. Site
RC
RE-2C
RE-1
R-200
R-90
R-60
Dimensions (min)
Usable area
n/a
50 acres
50 acres
5 acres
5 acres
5 acres
Specification for Site
The Planning Board may allow development to proceed under the optional method Cluster Development on a smaller site than allowed in Usable Area if the
1
subject property is recommended for cluster development in a master plan or if it finds that cluster development on a smaller site would be more suitable
than standard method development for environmental reasons.
Density (max)
Density (units/acres of usable area)
1/5
0.4/1
1/1
2/1
3.6/1
5/1
Coverage (min)
Rural open space (% of property)
60%
n/a
n/a
n/a
n/a
n/a
Common open space (% of usable area)
n/a
5%
10%
20%
30%
40%
Specification for Coverage
In the RC zone, the Planning Board may approve a plan with a lower percentage of rural open space if an applicant can demonstrate that such a plan would
1
better accomplish the purposes of the zone.

B. Building Type

Building Type (max % of building type)

Detached House
Duplex or Townhouse

100%

100%

100%

100%

100%

100%

0%

0%

0%

0%

100%

100%

50'

40'

40'

40'

35'

35'

50'
no limit

25'
no limit

25'
no limit

25'
50'

25'
50'

25'
50'

C. Height

Building Height (max)

Principal building
Accessory structure
Agricultural building

[Height restrictions do not apply to agricultural buildings. See Sec. 4.1.4.D.3.e]

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Section 1.2.4. Detached House and Duplex

A. Lot

Dimensions (min)
Lot area for detached house

RC

RE-2C

RE-1

R-200

40,000 SF

15,000 SF

12,000 SF

9,000 SF

Lot area for duplex

n/a
7,500 SF
6,000 SF
4,500 SF
Lot width at front building line
125'
n/a
n/a
n/a
Lot width at front lot line
25'
25'
25'
25'
Frontage on street or open space
Required
Specification for Lot
1
In the Residential Detached zones, lot width at the front building line and setback requirements may be reduced under [Sec.] Section 4.4.2.B.

R-90

R-60

5,000 SF

3,000 SF

2,500 SF
n/a
25'

1,500 SF
n/a
25'

B. Placement

Principal Building Setbacks (min)

Front setback from public street
Front setback from private street or open space
Side street setback
Side or rear setback

50'
50'
50'
Determined at site plan

Side setback, abutting property not included in application

17'

Rear setback, abutting property not included in application

Rear setback, alley
Accessory Structure Setbacks (min)
Front setback

35'
4' or 20'
80'

35'

35'

25'

25'

20'

10'
20'

10'
20'

10'
15'

10'
15'

10'
15'

Equal to required setback in Article 59-4 for a detached house building type in the abutting zone
50'
50'
40'
30'
30'

80'

80'

65'

60'

Side street setback

Side street setback for principal building plus 5'
Side or rear setback
Determined at site plan
Side or rear setback, abutting property not included in application Equal to required setback in Article 59-4 for a detached house building type in the abutting zone
Rear setback, alley
4'
4'
4'
4'
4'
Specifications for Principal Building and Accessory Structure Setbacks
1
In addition to the front setback minimum, accessory structures must be located behind the rear building line of the principal building.

60'

4'

In the RC zone, the front setback and side street setback must consist of any scenic setback indicated on a master plan or 50 feet, whichever is greater.
In the RC, RE-2C, and RE-1 zones, accessory structures on a lot or parcel abutting a national historical park must be set back a minimum of 200' from the national historical park unless
3
the accessory structure is exempted under [Sec.7.5.3.B.5] Section 7.4.3.C.3.
4
In the R-90 and R-60 zones, for accessory structures with a height greater than 15', the minimum side and rear setback must be increased by 2' for each foot of height in excess of 15'.
In the R-90 and R-60 zones, for accessory structures with a length along a rear or side property line that is longer than 24', the minimum side or rear setback must be increased at a
5
ratio of 2' for every 2' that the dimension exceeds 24 linear feet. Swimming pools are exempt from this limit.
Coverage (max)
Roofed buildings and structures
10%
15%
15%
25%
30%
35%
Specification for Coverage
In the RC zone, the total impervious surface area of [any] a proposed preliminary plan must [not exceed] satisfy any impervious surface area limit recommended by the master plan.
1
A project which has had a preliminary plan approved before December 24, 2012 may be built or altered without a limit on impervious surface area. A preliminary plan approved
before December 24, 2012 may be built or altered if the coverage of any lot is 10% of the lot or less, without a limit on total impervious surface area.
2

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[Planning Board][[PHED Committee]] Council Approved [[Draft]]

Section 1.2.5. Townhouse

A. Lot

Dimensions (min)
Lot area

R-90

R-60

1,500 SF

1,500 SF

Lot width at front lot line

16'
14'
Average frontage of a group of attached townhouses
Determined at site plan
Specification for Lot
In the Residential Detached zones, lot width at the front building line and setback requirements may be reduced under [Sec.] Section
1
4.4.2.B.

B. Placement

Principal Building Setbacks (min)

Front setback from public street
Front setback from private street or open space
Side street setback
Side or rear setback

25'
10'
15'
Determined at site plan

Side or rear setback, abutting property not included in application

Rear setback, alley
4' or 20'
Accessory Structure Setbacks (min)
Front setback

20'
10'
15'

30'

30'

60'

60'

Side street setback

Side or rear setback

Side street setback for principal building plus 5'

Determined at site plan
Equal to required setback in Article 59-4 for a detached house building
Side or rear setback, abutting property not included in application
type in the abutting zone
Rear setback, alley
4'
4'
Specifications for Accessory Structure Setbacks
1
In addition to the front setback minimum, accessory structures must be located behind the rear building line of the principal building.
For accessory structures with a height greater than 15', the minimum side and rear setback must be increased by 2' for each foot of
2
height in excess of 15'.
For accessory structures with a length along a rear or side property line that is longer than 24', the minimum side or rear setback must
3
be increased at a ratio of 2' for every 2' that the dimension exceeds 24 linear feet. Swimming pools are exempt from this limit.
Coverage (max)
Roofed buildings and structures
75%
75%

C. Form

Massing (max)
Number of units permitted in any one row

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10

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.3. Transferable Development Rights (TDR) Overlay

Section 1.3.1. In General

The TDR Overlay optional method of development permits an increase in the

maximum density of development established in Article 59-4, if the development
satisfies the requirements for optional method development using Transferable
Development Rights under [this Section (Sec. 6.3.1)] Division 6.3.

A. Applicability
The procedures and requirements in [this Section 6.3.1] Division 6.3 apply to the
transfer of development rights from land in the AR zone to land in a Transferable Development Rights (TDR) Overlay zone. The Planning Board may approve
subdivision of such land at densities up to the maximum density allowed in the
applicable TDR Overlay zone and substantially conforming to the recommendations in the applicable master plan.

B. General Provisions
1. The development density of a property under the TDR Overlay optional
method is allowed up to the maximum density permitted in the TDR Overlay
zone.
2. A developer of property developed with the transfer of development rights
must satisfy the requirement for MPDUs under Chapter 25A. The applicability of Chapter 25A and the MPDU density increase in [Sec.] Section 6.1.2.A
must be calculated after the base density of a property has been increased
by the transfer of development rights. The density increase under [Sec.] Section 6.1.2.A may be made without the acquisition of additional TDRs.
3. A request to use TDRs on a property under the optional method must be in
the form of a preliminary subdivision plan submitted under Chapter 50.

C. Recording of Development Right

[1. A development right must may be created, transferred, and extinguished
only by means of an easement and appropriate release, in a recordable
form approved by the Planning Board. Any easement must limit the future
construction of detached houses on land zoned AR zone to the total number
of development rights allowed by zoning minus all development rights previ-

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ously transferred under this Section (Sec. 6.3.1), the number of development
rights to be transferred by the instant transaction, and the number of existing detached houses on the property.
2. The transfer of development rights must be recorded in the land records of
the County.]
1. [3. Before recordation of a final record plat for a subdivision using transferred
development rights, an] An easement to the Montgomery County Government limiting future construction of dwellings on a property in the AR zone
by the number of development rights received must be recorded among
the land records of the County before recordation of a final record plat for a
subdivision using transferred development rights.
2. [4.] A final record plat for a subdivision using transferred development rights
must contain a statement including the development proposed, the zoning
classification of the property, the number of development rights used, and
a notation of the recordation of the conveyance as required by [Sec. 6.3.1]
Division 6.3.

D. Development with Moderately Priced Dwelling Units

1. A property developed under Division 6.3 must satisfy Chapter 25A.
2. A density bonus allowed under Chapter 25A is calculated after the base density of the property has been increased under Division 6.3 through TDRs.
3. In a Rural Residential or Residential zone, development using TDRs and providing MPDUs above 12.5% must follow the requirements under Division 6.1.

E. Additional Findings
In addition to the findings required for approval of a site plan under Section
8.3.4, for projects developed under Division 6.3 the Planning Board must find
that the proposed development provides an appropriate range of housing types
that takes advantage of existing topography and environmental features and
achieves a compatible relationship between the proposed development and
adjoining land uses.

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[Planning Board][[PHED Committee]] Council Approved [[Draft]]

Section 1.3.2. [D. Density Designation] Rural Residential and

Residential Zones
A. [1. Rural Residential and Residential Zones:] Density Designation
1. Land in a TDR Overlay zone is assigned a density number, as recommended
in the applicable master plan, that states the maximum number of units per
acre that may be built through the purchase of TDRs, [but must not exceed]
up to the following limits:

Zones

[Density without] Base

Density for the Calculation
of Required TDRs (max
units/acre)

TDR Density
(max units/acre)

B. [E.] Calculation of TDRs Required in the Rural Residential or

Residential Zones
Development using TDRs must include at least [two-thirds] 2/3 of the maximum
number of development rights unless the Planning Board finds that a lower
density is more appropriate for environmental or compatibility reasons [a lower
density is more appropriate].
1. In the Rural Residential and Residential zones, the following building types
require a minimum percent of total units indicated, and where applicable a
maximum allowed number of units (noted in parentheses). In addition, the
minimum amount of common open space required is indicated:
TDR Density
Size of
Building Type
Common
Designation Development (minimum required as a percentage of total units)
Open
Space
Detached Duplex Townhouse Apartment[/
(min)
House
Condo]

RNC

0.2

RE-2

[0.5] 0.4

RE-2C

[0.5] 0.4

RE-1

[1.09] 1

Any size

100%

0%

0%

Not permitted

0%

R-200

[2.18] 2

11

Any size

100%

0%

0%

Not permitted

0%

R-90

[4.84] 3.6

28

< 800 units

30%

0%

0%

Not permitted

35%

800+ units

30%

0%

0%

0% (20% max)

35%

< 200 units

15%

0%

0%

Not permitted

40%

200+ units

15%

0%

0%

0% (35% max)

40%

< 200 units

0%

0%

0%

0%

50%
50%

R-60

[7.26] 5

28

R-30

14.5

40

R-20

21.7

50

R-10

43.5

100

2. TDR Overlay zones are shown on the zoning map with the symbol (TDR)
followed by the TDR density designation (1 through 100, including fractions),
(TDR-#).

[2. Commercial/Residential and Employment Zones:

a. Optional method development in a TDR Overlay zone must use TDRs.
TDRs must be purchased as recommended by the master plan or, if no
recommendation is made, at least 5 public benefit points must be provided through the purchase of TDRs, under Div. 6.6.
b. TDR Overlay zones are shown on the zoning map with the symbol
(TDR).]
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3-5
6-10

11-15

16-28
> 28

200+ units

0%

0%

0%

35%
(60% max)

< 200 units

0%

0%

0%

0%

50%

200+ units

0%

0%

0%

25%
(60% max)

50%

Any size

0%

0%

0%

25%

50%

a. The apartment[/condo] building type is permitted only where specifically recommended in the area master plan for the receiving area. Where
the minimum percentage requirement would yield a total of 150 units or
fewer, no such units are required. Where the minimum percentage would

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

yield 151 units or greater, the full number must be required unless the
Planning Board finds that a lower density is more appropriate for environmental or compatibility reasons [otherwise, see Sec. 6.3.1.B.3.c].
b. A duplex or townhouse building type may be substituted for all or part of
the apartment[/condo] requirement.
c. An apartment[/condo] building type is limited to a maximum building
height of 40 feet. The height limit may be waived by the Planning Board
if it finds that the proposed development can achieve greater compatibility with adjacent development than would result from adherence to
the standards.
2. Each single TDR purchased allows the construction of the following number
of units up to the TDR density designation:
a. In a Metro Station Policy Area:
i. 2 detached houses;
ii. 2 units in a duplex building type;
iii. 2 units in a townhouse building type; or
iv. 3 units in an apartment[/condo] building type.
b. In a Non-Metro Station Policy Area:
i. one detached house unit;
ii. one unit in a duplex building type;
iii. one unit in a townhouse building type; or
iv. 2 units in an apartment[/condo] building type.
3. The Planning Board may waive the minimum required or maximum allowed
number of units of a particular building type if it finds that a different mix of
building types is appropriate for environmental or compatibility reasons [a
different mix of building types is appropriate].

C. [F.] Development Standards

The following table indicates the required development standards for each TDR
density designation:

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TDR Density
Designation

Development Standards

In a Rural Residential zone, same as for a detached house building

type under standard method in the RNC zone, see [Div.] Division
4.3
In a Residential zone, same as for a detached house building type
under standard method in the RE-1 zone, see [Div.] Division 4.4

Same as for a detached house building type under standard

method in the R-200 zone, see [Div.] Division 4.4

3-5

May utilize the R-60 optional method MPDU Development

standards, see [Div.] Division 6.1

6 or more

Determined at site plan

Section 1.3.3. Commercial/Residential and Employment

Zones
A. Density Designation
1. Land in a TDR Overlay zone is assigned a residential density number, as recommend in the applicable master plan, that states the maximum residential
FAR that may be built through the purchase of TDRs. Total density may be
increased by the amount of additional residential FAR achieved through the
purchase of TDRs.
2. TDR Overlay zones are shown on the zoning map with the symbol (TDR)
followed by the TDR density designation in FAR (1 through 10, including fractions), (TDR-#).

B. Calculation of TDRs Required in the Rural Residential or Residential

Zones
1. TDRs may be purchased to achieve the maximum residential FAR indicated
under the TDR Overlay zone. A fraction of a TDR cannot be purchased; any
fraction of a TDR must be rounded up to the next whole number.
2. Each TDR purchased allows the construction of 2,400 square feet of residential density, except for in a Metro Station Policy Area, which allows the
construction of 4,400 square feet of residential density. To determine the
number of TDRs required per acre, subtract the residential FAR in the base

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[Planning Board][[PHED Committee]] Council Approved [[Draft]]

zone from the requested residential FAR up to the maximum allowed under
the TDR Overlay. Multiply the difference by 43,560 to get the additional
number of residential square feet per acre allowed through the purchase
of TDRs. Divide the residential square feet per acre by 2,400 or 4,400, as
applicable, to determine the required number of TDRs per acre that must be
purchased.
3. For optional method development, the Planning Board may grant a maximum of 20 public benefit points for TDRs under Section 6.6.3.F.3.

[G. Development with Moderately Priced Dwelling Units

1. Any property developed under this Section (Sec. 6.3.1) must satisfy the
requirements of Chapter 25A.
2. Any density bonus allowed under Chapter 25A is calculated after the base
density of the property has been increased under Division 6.3 through TDRs.
3. In a Rural Residential or Residential zone, development using TDRs and providing MPDUs above 12.5% must follow the requirements under Div. 6.1.

H. Additional Findings
In addition to the findings required for approval of a site plan under Sec. 8.3.4,
for projects developed under this Division (Div. 6.3), the Planning Board must
find that the proposed development provides an appropriate range of housing
types that takes advantage of existing topography and environmental features
and achieves a compatible relationship between the proposed development and
adjoining land uses.]

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.4. Commercial/Residential Zones

Section 1.4.1. General Requirements

Section 1.4.2. Development Standards

A. Procedure for Approval

A. Open Space

A sketch plan must be approved under [Sec.] Section 8.3.3. A site plan must be
approved under [Sec.] Section 8.3.4. for any development on a property with an
approved sketch plan.

1. A [development] developer must provide open space based on the lot area
and number of frontages as described in the following table:
Lot Area

B. Public Benefit Points and Categories

1. Public benefits under [Div.] Division 6.6 must be provided according to zone
and [to the] tract size or maximum total mapped FAR, whichever requires
[fewer] more public benefit points:
Zone

CRT

CR

Tract Size OR Max Total FAR

< 10,000 SF OR
< 1.5 max FAR
10,000 SF to < 1,250,000 SF OR
1.5 to < [3.25] 3.5 max FAR
1,250,000 SF OR
3.5 max FAR
< 10,000 SF OR
< 1.5 max FAR
10,000 SF to < 1,250,000 SF OR
1.5 to < [3.25] 3.5 max FAR
1,250,000 SF OR
3.5 max FAR

0.50 acres

% of Site Required to be Dedicated for Open Space

0%
0%
0%
5%

0.51 to 1.00 acres

1.01 to 3.00 acres
3.01 to 6.00 acres
6.01 acres

0%
0%
5%
10%

5%
10%
10%
10%

10%
10%
10%
10%

Number of Benefit
Categories (min)

25

50

75

50

3. Open space for the townhouse building type is common open space and for
other buildings is public open space under [Div.] Division 7.3.

100

4. Open space must satisfy [Div.] Division 7.3.

125

C. Building Type
All building types allowed under [Div.] Division 4.5 are allowed in the CRT and CR
zones under optional method development.

2. In a development with townhouse, apartment[/condo], multi use, or general

building types, open space is calculated on the net site area minus any area
used for detached house and duplex unit lots.

B. Lot, [and] Density, and Height

1. Lot standards for detached house, duplex, and townhouse building types are
determined by the site plan approval process.
2. Density is calculated as an allowed floor area ratio (FAR). Each unique sequence of maximum total FAR, maximum nonresidential FAR (C), maximum
residential FAR (R), and maximum height (H) is a zone under the following
limits:

D. Compatibility Standards
Development must satisfy the compatibility standards under [Div. 7.4] Section
4.1.8.

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0%
5%
10%
10%

Public Benefit
Points (min)

2. In the CR zone, the purchase of BLTs is required under [Sec.] Section

6.6.3.F.1.a.

618

# of Existing, Proposed, and Master-Planned Right-of-Way

Frontages
1
2
3
4 or more

Zone

Total FAR
(max)

C FAR
(max)

R FAR
(max)

Height
(max)

CRT

0.5 to 4.0

0.25 to 3.5

0.25 to 3.5

35' to 150'

CR

0.5 to 8.0

0.25 to 7.5

0.25 to 7.5

35' to 300'

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[Planning Board][[PHED Committee]] Council Approved [[Draft]]

3. Zones are established at density increments of 0.25 FAR and height increments of 5 feet up to the maximums in Section 6.4.2.B.2.
4. The maximum total, nonresidential, and residential FARs and the maximum
height are established by the mapped zone.

C. Placement
Setbacks for principal buildings, accessory structures, and parking are established by the site plan approval process.

{D. Height
The maximum height is established by the mapped zone.]

D. [E.]Form
Form standards are established by the site plan approval process and must address, at a minimum, transparency, blank walls, and active entrances.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.5. Employment Zones

Section 1.5.1. General Requirements

Section 1.5.2. Development Standards

A. Procedure for Approval

A. Open Space

A sketch plan must be approved under [Sec.] Section 8.3.3. A site plan must be
approved under [Sec.] Section 8.3.4. for any development on a property with an
approved sketch plan.

1. A developer must provide open space based on the lot area and number of
frontages as described in the following table.
Lot Area

B. Public Benefit Points and Categories

1. Public benefits under [Div.] Division 6.6 must be provided according to zone
and [to the] tract size or maximum total mapped FAR, whichever requires
[fewer] more public benefit points:
Zone

LSC

EOF

Tract Size OR Max Total FAR

Public Benefit
Points (min)

Number of Benefit
Categories (min)

15

30

40

30

60

75

< 10,000 SF OR
< [1.5] 1.0 max FAR
10,000 SF to < 1,250,000 SF OR
[1.5] 1.0 to < [3.25] 1.75 max FAR
1,250,000 SF OR
[3.5] 1.75 max FAR
< 10,000 SF OR
< 1.5 max FAR
10,000 SF to < 1,250,000 SF OR
1.5 to < [3.25] 3.5 max FAR
1,250,000 SF OR
3.5 max FAR

2. In the LSC zone, the purchase of BLTs is required under [Sec.] Section
6.6.3.F.1.b.

C. Building Type
All building types allowed under [Div.] Division 4.6. are allowed in the LSC and
EOF zones under optional method development.

D. Compatibility Standards
Development must satisfy the compatibility standards under [Div. 7.4] Section
4.1.8.

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# of Existing, Proposed, and Master-Planned Right-of-Way

Frontages
1
2
3
4 or more
% of Site Required to be Dedicated for Open Space

0.50 acres

0%

0%

0%

5%

0.51 to 1.00 acres

0%

0%

5%

10%

1.01 to 3.00 acres

0%

5%

10%

10%

3.01 to 6.00 acres

5%

10%

10%

10%

6.01 acres

10%

10%

10%

10%

2. In a development with townhouse, apartment[/condo], multi use, or general

building types, open space is calculated on the site area minus any area used
for detached house and duplex unit lots.
3. Open space for the townhouse building type is common open space and for
other buildings is public open space under [Div.] Division 7.3.
4. Open space must satisfy [Div.] Division 7.3.

B. Lot, [and] Density, and Height

1. Lot standards for detached house, duplex, and townhouse building types are
established by the site plan approval process.
2. [The maximum density is established by the mapped zone.]Density is calculated as an allowed floor area ratio (FAR). Each unique sequence of maximum total FAR and maximum height (H) is a zone under the following limits:
Zone

Total FAR (max)

Height (max)

LSC

0.5 to 2.5

35' to 200'

EOF

0.5 to 4.0

35' to 200'

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[Planning Board][[PHED Committee]] Council Approved [[Draft]]

3. Zones are established at density increments of 0.25 FAR and height increments of 5 feet up to the maximums in Section 6.5.2.B.2.
4. The maximum total, nonresidential, and residential FARs and the maximum
height are established by the mapped zone.
5. [3. Gross floor area of all Household Living uses in an application must not
exceed 30% of maximum allowed FAR.] In the GR, NR, and EOF zones, gross
floor area of all Household Living uses on a site is limited to 30% of the total
gross floor area on the subject site.
6. [4.] In the LSC zone[, for tracts larger than 5 acres]:

C. Placement
Setbacks for principal buildings, accessory structures, and parking are established by the site plan approval process.

[D. Height
The maximum height is established by the mapped zone.]

D. [E.] Form
Form standards are established by the site plan approval process and must address, at a minimum, transparency, blank walls, and active entrances.

a. For tracts larger than 5 acres:

i. [a.] A minimum of 40% of the gross floor area proposed must be for
Life Sciences and related uses. The proposed gross floor area used for
the purpose of calculating the minimum percentage of Life Sciences
uses excludes: (1) Hospitals and the Hospitals accessory uses; and (2)
educational facilities.
ii. [b.] A maximum of 10% of the gross floor area proposed may be used
for Retail/Service Establishment; however, a maximum of 15% of the
gross floor area proposed may be used for a Retail/Service Establishment if the Planning Board finds unique circumstances and the
development would be enhanced by additional retail activity[, then a
maximum of 15% of the gross floor area proposed may be used for a
Retail/Service Establishment].
b. Gross floor area of all Household Living uses is limited to 30% of the
maximum allowed FAR mapped on the subject site.
c. [5.] [In the LSC zone, any] Any area used exclusively for mechanical
equipment is excluded from the maximum density calculation, and any
area excluded from this calculation that exceeds the FAR of the zone
must [not] be used [for any other] only for purpose. The total area of any
partial floors or stories excluded from the maximum density calculation
[must not exceed] is limited to the gross floor area of any full floor of the
building.

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

Division 6.6. Optional Method Public Benefits

Section 1.6.1. General Provisions

1. be consistent with the objectives of [this] Division 6.6 [(Div. 6.6)];

A. Public Benefit Categories

2. be in addition to any standards, requirements, or rules of incentive density

calculation included in [this] Division 6.6 [(Div. 6.6)], but must not conflict
with those provisions; and

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;

Section 1.6.2. Public Benefit Overview

d. Diversity of Uses and Activities;

The Planning Board must determine the public benefit points under optional
method development from the following categories:

e. Quality Building and Site Design; and

A. Major Public Facility

f. Protection and Enhancement of the Natural Environment.

B. Transit Proximity

2. The individual public benefits that may be accepted in each of these categories in each zone are in Section 6.6.2.

B. General Public Benefit Considerations

Granting points as a public benefit for any amenity or project feature otherwise
required by law is prohibited. In approving any incentive FAR based on the provision of public benefits, the Planning Board must consider:
1. the recommendations and objectives of the applicable master plan;
2. the CR Zone Incentive Density Implementation Guidelines;
3. any design guidelines adopted for the applicable master plan area;
4. the size and configuration of the site;
5. the relationship of the site to adjacent properties;
6. the presence or lack of similar public benefits nearby; and
7. enhancements beyond the elements listed in an individual public benefit
that increase public access to, or enjoyment of, the benefit.

C. Public Benefit Implementation Guidelines

The Planning Board must adopt, publish, and maintain guidelines that detail the
standards and requirements for public benefits. The guidelines must:

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3. [only] allow incentive FAR only for those public benefits listed in [Sec.] Section 6.6.3.

[[ D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

C. Connectivity and Mobility

[1. Advance Dedication]
1. [2.] Minimum Parking
2. [3.] Neighborhood Services
3. [4.] Public Parking
[5. Through-Block Connection]
4. [6.] Transit Access [or Streetscape Improvement]
5. Streetscape Improvement
6. [7.] Trip Mitigation
[8. Way Finding]
D. Diversity of Uses and Activities
[1. Adaptive Buildings]
[2. Affordable Housing]
1. [3.] Care Centers
2. [4.] Dwelling Unit Mix
3. [5.] Enhanced Accessibility for the Disabled

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[Planning Board][[PHED Committee]] Council Approved [[Draft]]

[6. Enhanced Visitability for Seniors/Disabled]

Section 1.6.3. Public Benefit Descriptions and Criteria

[7. Live/Work]

A. Major Public Facilities

4. Moderately Priced Dwelling Units

5. [8.] Small Business Opportunity
[9. Workforce Housing]
E. Quality Building and Site Design
1. Architectural Elevations
[2. Enhanced Recreation Facilities]
2. [3.] Exceptional Design
3. [4.] Historic Resource Protection
4. [5.] Public Art
5. [6.] Public Open Space
6. [7.] Structured Parking
[8. Tower Step-Back]
F. Protection and Enhancement of the Natural Environment
1. Building Lot Terminations
2. Building Reuse
[3. Cool Roof
4. Energy Conservation

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. Where 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.
3. Due to their significance in placemaking, the Planning Board may approve
incentive FAR for the conveyance of a site or floor area for the construction of or 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.
4. Up to the following number of points may be awarded if the requirements of
[Sec.] Section 6.6.3.A.3 are met:

5. Energy Generation

a. 20 points in an LSC zone;

6. Habitat Preservation and Restoration

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

7. Recycling Facility Plan]

c. 70 points in a CR zone.

3. [8.]Transferable Development Rights

[9. Tree Canopy
10. Vegetated Area
11. Vegetated Roof
12. Vegetated Wall]

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B. Transit Proximity
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.
a. Transit proximity is categorized in 3 levels:

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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

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

Proximity

Abutting or
Confronting

Within 1/4
Mile

Between 1/4
and 1/2 Mile

Between 1/2
and 3/4 Mile

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.

Transit Service
Proximity Level

LSC

10

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

EOF or CRT

15

10

15

10

10

All distances for transit proximity are measured from the nearest transit
station entrance or bus stop entrance.

CR

25

15

20

15

15

10

10

10

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 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 two proximity ranges, the entire project may take the
points for the closer range;
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.

C. Connectivity and Mobility

Development that enhances connectivity between uses and amenities; increases
mobility options; encourages walking, cycling and transit; facilitates social
interaction; provides opportunities for healthier living; and stimulates local businesses may achieve public benefit points.
[1. Advance Dedication: Up to 8 points in the LSC zone, 15 points in the EOF
and CRT zones, and 30 points in the CR zone for dedicating or providing a
reservation for dedication for master-planned rights-of-way in advance of a
preliminary or site plan application.]
1. [2.] Minimum Parking: Up to [10] 20 points in the CR and LSC zones and
up to 15 points in the CRT and EOF zones for providing [less] fewer than the
maximum allowed number of parking spaces, where a maximum is applicable.

[Transit Service
Proximity Level

3]

2. [3.] Neighborhood Services: When fewer than 10 different basic services

exist within mile, up to 10 points for providing retail bays appropriate for
at least 10 different basic services on-site or within mile, of which at least 4
have a maximum retail bay floor area of [no greater than] 5,000 square feet.

[LSC

10

2.5

0]

3. [4.] Public Parking: Up to [25] 20 points for providing up to the maximum

number of parking spaces allowed in the zone as public parking.

[EOF or CRT

25

15

20

12.5

2.5

15

10

10

7.5

0]

[5. Through-Block Connections: Up to 15 points for safe and attractive pedestrian connections between streets.]

[CR

50

30

10

40

25

30

20

20

15

2.5]

4. [6.] Transit Access [or Streetscape Improvement]: Up to [20] 5 points for

[creating] constructing new or improving existing transit access [or for con-

[Proximity

624

Abutting or
Confronting

Within 1/4
Mile

[[ D e c e m b e r 16 [ M a y 2] , 2 0 1 3] ] M a r c h 5 , 2 0 14

Between 1/4
and 1/2 Mile

Between 1/2
and 3/4 Mile]

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[Planning Board][[PHED Committee]] Council Approved [[Draft]]

struction of off-site improvements, excluding any streetscape improvements

otherwise required].
5. Streetscape Improvement: Up to 10 points for construction of off-site improvements, excluding any streetscape improvements otherwise required.
6. [7.] Trip Mitigation: Up to [15] 5 points for entering into a binding Traffic
Mitigation Agreement to reduce the number of weekday morning and evening peak hour trips attributable to the site in excess of any other regulatory
requirement; the agreement must result in a reduction of at least 50% for
trips attributable to the site.
[8. Way-Finding: Up to 5 points for design and implementation of a way-finding system orienting pedestrians and cyclists to major open spaces, cultural
facilities and transit opportunities.]

D. Diversity of Uses and Activities

iii. In any case, for density and 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 optional method or points in any zone.
c. The gross floor area of any MPDUs provided above 12.5% is exempt from
the calculation of FAR.]
1. [3.] Care Centers: Up to [20] 15 points for constructing a child, teen, or
adult day care facility accommodating at least 15 users that satisfies State
standards.
2. [4.] Dwelling Unit Mix: Up to [10] 5 points for integrating a mix of residential market-rate unit types with at least 7.5% efficiency units, 8% one- and
two-bedroom units, and 5% three- or more bedroom units; the proportional
number of MPDUs for each unit type must satisfy [the requirements of]
Chapter 25A.

Development that increases the variety and mixture of land uses, types of housing, economic variety and community activities; contributes to development of
more efficient and sustainable communities; reduces the necessity for automobile use; and facilitates healthier lifestyles and greater social interaction.

3. [5.]Enhanced Accessibility for Seniors or the Disabled: Up to [15] 20 points

for constructing dwelling units with interiors that satisfy American National
Standards Institute A117.1 Residential Type A standards or an equivalent
County standard.

[1. Adaptive Buildings: Up to 10 points for constructing commercial or mixed

use buildings with minimum floor-to-floor heights of at least 15 feet on any
floor that meets grade and 12 feet on all other floors. Internal structural
systems must be able to accommodate various types of use with only minor
modifications. ]

[6. Enhanced Visitability for Seniors or the Disabled: Up to 15 points for constructing dwelling units that satisfy ANSI A117.1, Type C, Visitable Unit, each
of which has a kitchen, dining area, living area, full bathroom, and bedroom
on the accessible level. ]

[2. Affordable Housing

a. Up to 40 points for providing MPDUs above the 12.5% minimum required
under Chapter 25A.
b. Points are calculated as follows:
i. 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.
ii. Above 15% of MPDUs, each 1% of additional MPDUs entitles the applicant to an additional 2 benefit points. Any fraction of 1% increase
in MPDUs entitles the applicant to an equal fraction of 2 points.

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[7. Live/Work: Up to 10 points for developments of up to 2.0 FAR total allowed

density that provide at least 3 units or, for developments allowed greater
than 2.0 FAR, 10% of the total unit count as live/work units.]
4. Moderately Priced Dwelling Units: There is no limitation on the number
of points for providing more than 12.5% of the residential units as MPDUs
under Chapter 25A.
a. Points are calculated as follows:
i. 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.
ii. An additional 2 points are granted for every 1% of 2 bedroom MPDUs
not otherwise required.
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[Planning Board] [[PHED Committee]] Council Approved [[Draft]]

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

iv. In any case, for density and 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.
b. For a project that exceeds 12.5% MPDUs, the height limit of the applicable zone and master plan does not apply to the extent required to
provide the MPDUs. The additional height is calculated as the floor area
provided for MPDUs above 12.5% divided by the average residential
floor plate area, where each whole number and each remaining fraction
allows an increase of 12 feet.
c. For a project providing less than 15% MPDUs, the gross floor area of any
MPDUs provided above 12.5% is exempt from the calculation of FAR.
d. For a project providing a minimum of 15% MPDUs:
i. the gross floor area of all MPDUs provided is exempt from the calculation of FAR; and
ii. one less category than is required under Section 6.4.1.B and Section
6.5.1.B must be satisfied. A project that provides a minimum of 20%
MPDUs does not have to satisfy any other benefit category under
Section 6.4.1.B and Section 6.5.1.B.

all affect sense of place, orientation and the perception of comfort and convenience. The quality of the built environment affects light, shadow, wind and
noise, as well as the functional and economic value of property.
1. Architectural Elevations: Up to 20 points in the CRT zone for providing
elevations of architectural facades and agreeing to be bound by particular
elements of design that exceed the requirements of [this] Division 6.6 [(Div.
6.6)], such as minimum amount of transparency, maximum separation between doors, awning provisions, sign restrictions, or lighting parameters that
affect the perception of mass, pedestrian comfort, or enhance neighborhood
compatibility.
[2. Enhanced Recreation Facilities: Up to 10 points for providing on-site recreation facilities above the level required by Planning Board approved Recreation Guidelines.]
2. [3.] Exceptional Design: Up to 10 points for building or site design whose
visual and functional impacts exceptionally enhance the character of a setting per the purposes [delineated] listed in [this] Division 6.6 [(Div. 6.6)]. Of
the 10 points, at least 5 points for stepping back a building's upper floors by a
minimum of 6 feet behind the first floor faade. The step-back must begin at
a height no greater than 72 feet.

5. [8.]Small Business Opportunities: Up to [20] 10 points for providing on-site

space for small, neighborhood-oriented businesses.

3. [4.]Historic Resource Protection: Up to [20] 15 points for the preservation

or enhancement of, or payment towards preservation or enhancement of, a
historic resource or a contributing element within an historic district designated in the Master Plan for Historic Preservation.

[9. Workforce Housing: Up to 20 points for providing workforce housing under

Chapter 25B at a rate of 2 points for each percentage of the total units, excluding MPDUs.]

4. [5.]Public Open Space: Up to [20] 15 points for providing, or making a payment for, public open space in excess of the minimum open space requirement of the zone.

E. Quality Building and Site Design

High quality design is especially important in urban, integrated-use settings to
ensure that buildings and uses are visually compatible with each other and adjacent communities and to provide a harmonious pattern of development. Due to
increased density in these settings, buildings tend to be highly visible and high
quality design helps attract residents, patrons and businesses to these areas.
Location, height, massing, faade treatments and ornamentation of buildings

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5. [6.]Public Art: Up to [15] 10 points for installing public art reviewed for comment by, or paying a fee accepted by, the Public Arts Trust Steering Committee.
6. [7.]Structured Parking: Up to 20 points for placing parking [within,] in an
above or below grade parking [structures] structure.
[8. Tower Step-Back: Up to 5 points for stepping back a buildings upper floors

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[Planning Board][[PHED Committee]] Council Approved [[Draft]]

by a minimum of 6 feet behind the first floor facade. The step-back must
begin at a height no greater than 72 feet.]

F. Protection and Enhancement of the Natural Environment

Protection and enhancement of natural systems and reduced energy consumption help mitigate or reverse environmental impacts such as heat island effects
from the built environment, inadequate carbon-sequestration, habitat and
agricultural land loss, and air and water pollution caused by reliance on the
automobile.
1. Building Lot Termination (BLT): Up to 30 points for the purchase of BLT
easements or payment to the Agricultural Land Preservation Fund (ALPF).
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) [Any] 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. BLTs are mandatory for all optional method developments in the LSC
zone and each percent of incentive density achieved is equal to one

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point. For those projects that dont achieve 30 points under the mandatory calculation, additional BLTs may be purchased or payments
made for up to 30 total points.]
i. [ii.] 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. [iii.] 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.

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2. Building Reuse: Up to 100 points for reuse of an existing building that satisfies the following:
a. 75% of the structural system of the building must be retained; and
b. An architectural deconstruction company must be used to remove reusable and recyclable materials before any demolition.
c. Although 100 points may be obtained, public benefit category minimums
must be met.
[3. Cool Roof: Up to 5 points for constructing any roof area that is not covered
by a vegetated roof with a minimum solar reflectance index (SRI) of 75 for
roofs with a slope at or below a ratio of 2:12, and a minimum SRI of 25 for
slopes above 2:12.
4. Energy Conservation: Up to 10 points for constructing buildings that exceed
the energy-efficiency standards for the building type by 17.5% for new buildings or 10% for existing buildings.

least 20 years of growth per Trees Technical Manual approved by the Planning Board, as amended, on at least 25% of the on-site open space.
10. Vegetated Area: Up to 5 points for installation of plantings in a minimum of
12 inches of soil, covering at least 5,000 square feet. An individual area must
be a minimum of 500 square feet. This does not include vegetated roofs or
stormwater management facilities.
11. Vegetated Roof: Up to 10 points for installation of a vegetated roof with a
soil depth of at least four inches covering at least 33% of a buildings roof,
excluding space for mechanical equipment.
12. Vegetated Wall: Up to 5 points for the installation and maintenance of a
vegetated wall that covers at least 30% of any blank wall or parking garage
facade that is at least 300 square feet in area and is visible from a public
street or open space. ] ]]

5. Energy Generation: Up to 15 points for providing renewable energy generation facilities on-site or within 2,640 feet of the site for a minimum of 2.5% of
the projected energy requirement for the development.
6. Habitat Preservation and Restoration: Up to 20 points for protection, restoration or enhancement of natural habitats, on-site or within the same local
watershed, which are in addition to requirements of the Forest Conservation
Law or other County laws.
7. Recycling Facility Plan: Up to 5 points for providing a recycling facility plan
to be approved as part of a site plan for buildings that [complies with] satisfies Montgomery County Executive Regulation 15-04AM or Montgomery
County Executive Regulation 18-04.]
3. [8.] Transferable Development Right: Up to 20 points for the purchase of
TDRs. Every TDR purchased is worth 1 point. If a site is within a TDR Overlay
zone, TDRs [must] may be purchased under Division 6.3. [as recommended
by the master plan or, if no recommendation is made, at least 5 points must
be provided through the purchase of TDRs.]
[9. Tree Canopy: Up to 10 points for protecting tree canopy coverage with at

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