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This document includes text of the Commercial/Residential and Employment zones, and the guidelines that explain how to meet the requirements of
these zones.
Source of copies
The Maryland-National Capital Park and Planning Commission
8787 Georgia Avenue
Silver Spring, MD 20910-3760
Online at: www.montgomeryplanning.org/zoning
Contents
Purpose 5
CR, CRT, EOF and LSC zones overview
Advance dedication 16
Minimum parking 17
Neighborhood services 18
Public parking 19
Through-Block Connections 20
Transit Access Improvement 21
Streetscape 22
Trip mitigation 23
Wayfinding 24
Diversity of Uses and Activities 25
Adaptive buildings 26
Care centers 27
Dwelling unit mix 28
Enhanced Accessibility
for the Disabled 29
Live/Work Units 30
Affordable Housing 31
Small business opportunities 32
Quality of Building and Site Design
Architectural elevations 34
Exceptional Design 35
Historic Resource Protection 36
Public open space 37
Public art 38
Structured parking 39
Tower Step-Back 40
33
41
Building Reuse 53
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Purpose
Zoning Ordinance Citation
The Planning Board, Planning Department staff, applicants and citizens will use these
guidelines when determining the adequacy of public benefits and amenities provided by an
optional method application for development on property zoned Commercial Residential (CR),
Commercial Residential Town (CRT), Employment Office (EOF) or Life Sciences Center (LSC).
The public benefits and amenities are considered within the entire development, subject to one
sketch plan, and may be compelled by a phasing plan on all subsequent site plans.
Limits of Guidelines
These guidelines illustrate and supplement the requirements in the County Zoning Ordinance.
Criteria for public benefits are based on best practices, meaningful implementation thresholds
and experience and analysis related to built projects.
Alternative criteria may be suggested, as long as the standards of the Zoning Ordinance
are met, the intent of the public benefit is achieved, the applicable master or sector plan
recommendations are implemented, and an appropriate amount of incentive density is
requested. In any case where criteria established by these guidelines conflict with another
County regulation, the regulation must be observed and the intent of the criteria must be
addressed by other means.
Optional method
Optional method development is
a zoning procedure used in some
Commercial/Residential (C/R) and
Employment zones that encourages
comprehensive planning and
mixed-use development. Under the
optional method, higher densities
are allowed in exchange for
significant public amenities and
facilities to support that additional
density.
Enforcement
Enforcement of the public benefits provided under these guidelines is governed by Section
7.3.4.K, Compliance and Enforcement, under the site plan provision of the County Zoning
Ordinance. Submittal requirements and conditions of approval may be imposed to ensure
compliance and enforcement.
October 2015
The Commercial/Residential zones (including CR and CRT) are a family of mixed-use zones that establish the zoning classification, maximum total
density, nonresidential density, residential density and building heights.
The Employment zones (including EOF and LSC) are a family of zones that establish the zoning classification, maximum total density, and height.
Once the zoning classification and the numbers associated with each of these factors are enacted on a zoning map, the zone is set. These guidelines
only apply to CR, CRT, EOF and LSC zones because only these zones may be developed under the optional method of development requiring public
benefits.
Requirements and Standards
CR Zones
Floor area ratio (FAR): The ratio of the gross floor area of a building to the area of the tract on which it is located. For example, a building with a
gross floor area of 43,560 square feet on a one-acre tract would have a 1.0 FAR. Parking and non-leasable space of the building are generally
excluded from the computation.
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A sketch plan showing the general nature of a development, including all proposed public
benefits and amenities, must be presented to the public prior to filing an application.
Applicants are encouraged to use this required public meeting to present designs
to citizens and staff before any hardline engineering of development occurs, so that
alternatives can be explored and a best fit development can be achieved.
Sketch plans should maintain the minimum level of detail necessary to allow citizens, staff
and Planning Board members to evaluate a proposed development and make the required
findings of the ordinance in Section 7.3.3.E. Examples of appropriate levels of detail are
included in these guidelines, but more or less detail may be needed, which will become
apparent in the early discussions about an application.
It should be remembered by all parties that a sketch plan approval only ensures that an
application is appropriate in concept and appropriate for further detailed review at site
plan. Sketch plans may be modified at the site plan stage with proper notice and upon a
showing that the required findings can still be made.
The complete submittal requirements, application forms and fees are established by
the Montgomery County Planning Department and may be obtained online or at the
Information Desk at the Planning Department offices, 8787 Georgia Avenue, Silver Spring,
MD 20910. More information is available at www.MontgomeryPlanning.org or at 301495-4595.
October 2015
Development on CR-, CRT-, LSC-, and EOF-zoned land may proceed under standard or
optional method development. Standard method development is limited in density to 0.5 FAR
or 10,000 square feet (whichever is greater) in the CR and LSC zones, and 1.0 FAR or 10,000
square feet in the CRT and EOF zones.
The difference in density between the standard method and the density indicated on the zoning
map is defined as incentive density. Any applicant wishing to develop above the standard
method densityup to the maximum allowed by the zonemust apply for an optional method
development approval.
During this application process, the applicant proposes to provide specific public benefits
and amenities that support the projects incentive density. The Planning Board will determine
whether the proposed public benefits support the additional density requested.
Height
The height on the zoning map (H) is the maximum building height allowed under standard or
optional method.
Minimum Points and Categories
Optional method applications must provide public benefits from at least the number of benefit
categories and for at least the minimum number of points indicated in the table (Section
4.5.4.A.2 and Section 4.6.4.A.2), regardless of whether the full density allowed by the zone is
realized. No proportional allocation of density and public benefits are allowed.
To ensure that applications are not filed piecemeal to avoid providing public benefits, common
ownership of adjoining properties is counted in any application and the applicable numbers of
benefit categories and benefit points are required.
All CR- and LSC-zoned properties must purchase (or make a payment) for building lot
terminations under Section 4.7.3.F.1.
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Section 4.5.4.A.2 and Section 4.6.4.A.2 Public Benefit Points and Categories
1. Public benefits under Division 4.7 must be provided according to zone and tract size, or
maximum total mapped FAR, whichever requires more public benefit points;
2. In the CR and LSC zones, the purchase of building lot terminations (BLTs) is required
under Section 4.7.3.F.1.a and Section 4.7.3.F.1.b, respectively.
Table 1: Required Public Benefits
Zone
CRT
Tract Size OR
Max Total FAR
Number of Benefit
Categories
< 10,000 SF OR
<1.5 max FAR
25
10,000 SF OR
1.5 max FAR
50
< 10,000 SF OR
<1.5 max FAR
50
10,000 SF OR
1.5 max FAR
100
< 10,000 SF OR
<1.5 max FAR
15
10,000 SF OR
1.5 max FAR
30
< 10,000 SF OR
<1.5 max FAR
30
10,000 SF OR
1.5 max FAR
60
CR
LSC
EOF
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Minimum Parking
Streetscape Improvement
Neighborhood Services
Trip Mitigation
Public Parking
Way Finding
Through-Block Connection
Diversity of Uses and Activities
Adaptive Buildings
Care Centers
Architectural Elevations
Exceptional Design
Structured Parking
Tower Step-Back
Cool Roof
Tree Canopy
Vegetated Area
Vegetated Roof
Vegetated Wall
Public Art
Protection and Enhancement of the Natural Environment
Building Reuse
10
Live/Work
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Incentive density for major public facilities is limited to a maximum of 20 points in an LSC zone, 40 points in an EOF
or CRT zone, and 70 points in a CR zone. Incentive density points may be granted if:
The applicant conveys land and/or floor area for the facility.
Constructs the facility.
Makes a payment towards construction of the facility.
For projects not providing simple conveyance of land or construction of a public facility, a payment toward the construction of a facility will be granted public
benefit points after public review and an assessment of master plan goals and community priorities.
In the case of a CR-zoned, 8-acre lot that includes provision of floor area and full build-out of a satellite library/ community center within the building, with no
land conveyed, the zone standards would be applied as follows:
Minimum Submittal Requirements
Formula: {[((L+F)/N)*2]+[(C/N)*4]}*100
Example
0 square feet
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Transit Proximity
Zoning Ordinance Citation
Within Mile
Transit Service
Proximity Level
LSC
10
2.5
EOF or CRT
25
15
20
12.5
2.5
15
10
CR
50
30
10
40
25
30
20
10
7.5
20
15
2.5
According to subsection 2. to qualify for the highest density points, a project must share a property
line with or confront a property with a transit station or stop. Further, 100 percent of the tract
submitted in a single sketch plan that takes advantage of this proximity must be within mile of that
portal. The ability to easily access the transit stop using a mode of travel other than the automobile
will also be taken into account.
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Subsection 3. ensures that properties are granted incentive density in proportion to their proximity to a transit station or stop when they
straddle the ranges. There are two parts to this provision. First, if a property is 75 percent within a proximity range, the entire property is
eligible for the density incentive enumerated for that range. Second, if less than 75 percent of a property is within a proximity range, a
property is eligible for a weighted average. In this case, the amount of property in each range must be calculated and the density incentive
enumerated as a weighted average.
To qualify for subsection 2):
Formula: [(t1/T)*P1]+[(t2/T)*P2]
Example
20 points
15 points
Calculation: 18 points
Sketch plan: scaled plan showing transit portal and entire sketch plan area.
Site plan: revised plan with final area calculations.
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1) Advance Dedication: Up to 8 points in the LSC zone, 15 points in the EOF zone, and 30 points in the CRT and CR zone for
dedicating or providing a reservation for dedication for master- planned rights-of-way in advance of a preliminary or a site plan
application.
Guideline Criteria
The incentive density for advance dedication of right-of-way is calculated on a sliding scale that allows up to 8 points in the
LSC zone, 15 points in the EOF zone, and 30 points in the CRT and CR zone based on the percentage of tract area that is
dedicated. Right-of-way dedicated in advance of submitting a development application may also be considered part of the tract
area for FAR calculations. The only advance dedications that will be considered for incentive density in a sketch plan approval
are dedications made in anticipation of future development, such as those made prior to filing a site plan or those made within
areas that will be developed during later phases of a sketch plan.
For example, the owner of a 75,300 square foot lot dedicates 8,500 square feet for a master-planned bikeway prior to filing a
site plan application for that portion of the site:
Formula: (D/N)*100
Example
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2) Minimum Parking: Up to 10 points for providing fewer than the maximum allowed number of parking spaces, where a
maximum is applicable.
Guideline Criteria
Incentive density is calculated on a sliding scale, from no points for providing the maximum
allowable number of spaces on-site to 10 points for providing no more than the minimum
number of spaces on site.
Example
100 spaces
P (proposed spaces)
60 spaces
Calculation: 8 points
Unbundled parking
consists of parking
spaces priced
separately from the
building rent.
50 spaces
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3) Neighborhood Services: When fewer than 10 different basic services exist within mile, up to 15 points for providing retail bays
appropriate for at least 10 different basic services on-site or within mile, of which at least four must have a maximum retail bay
floor area of 5,000 square feet.
Guideline Criteria
Incentive density of 7.5 points is appropriate for a project that meets Zoning Ordinance criteria. No single use should occupy
an excessive amount of frontage and the services should contribute to improving the pedestrian environment.
Up to 5 additional incentive density points may be granted if other criteria are met, such as:
Required number of retail uses is within one block.
More than the minimum number of services are small businesses.
Qualifying basic services include banks, cafes, care centers, community/civic centers,
convenience stores, dry cleaners, hair care services, hardware stores, health clubs,
laundromats, libraries, medical and dental offices, parks, pharmacies, police and fire
stations, post offices, religious institutions, restaurants, schools, supermarkets, theaters.
Site plan: map showing qualifying basic services, existing and proposed, within mile of
subject site, measured from each residential or office lobby.
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4) Public Parking: Up to 25 points for providing up to the maximum number of parking spaces allowed in the zone as public parking.
Guideline Criteria
Incentive density is calculated on a sliding scale from zero points, if no public parking is provided, to 25 points for providing
100 percent of the spaces above the minimum amount required as publicly available spaces.
Formula: [P/(T-R)]*25
Example
25 spaces
115 spaces
80 spaces
Calculation: 17 points
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Incentive density of 10 points is appropriate for connections that meet the following criteria:
Open-air (direct access between streets may be provided through the first floor of a building if the property owner grants a
public access easement for the walkway);
At least 15 feet wide;
Open to the public at least between 8 a.m. and 9 p.m. and, where the connection
leads to a transit facility or publicly-accessible parking facility within mile, for the
hours of operation of the transit or parking facility.
Additional incentive density may be appropriate if other criteria are met, such as:
At least 35 percent of the walls facing the interior pedestrian connection must have
clear, unobstructed windows above the floor level between three and eight feet;
Direct connection to parks, transit facilities, or public buildings;
Accessible retail uses along a majority of its length;
Increased width.
Fewer than 10 incentive density points may be granted if some of the guideline
requirements are not provided.
Submittal Requirements
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6) Transit Access Improvement: Up to 20 points for constructing new or improving existing transit access.
Guideline Criteria
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7) Streetscape: Up to 20 points for construction of off-site improvements, excluding any streetscape improvements otherwise required.
Guideline Criteria
Incentive density points for improvements to off-site streetscape are granted on a sliding scale, based on the area improved
calculated as a percentage of the lot area. The improvements must follow the applicable master plan recommendations,
including providing utilities underground. Construction of streetscape along the property frontage is required and does not
qualify for incentive density.
Formula: (S/N)*100
Example
S (streetscape improvements)
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8) Trip Mitigation: Up to 20 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 percent for trips attributable to the site.
Guideline Criteria
Incentive density of 10 points is appropriate for trip mitigation agreements (TMAGs) that meet the County Zoning Ordinance
requirements. The TMAG must:
Be accepted by M-NCPPC and Montgomery County Department of Transportation (MCDOT) prior to certification of any site
plan for development subject to the agreement;
Outline the policies, tracking mechanisms, and reporting procedures for car-pooling, transit subsidies, parking restrictions,
bicycle facilities and other mitigation strategies.
Additional incentive density points may be appropriate if a greater than 50 percent reduction is proposed.
Facilities that promote walking, biking, carpooling, and transit use may be accepted
as part of a trip mitigation agreement.
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9) Wayfinding: Up to 10 points for design and implementation of a way-finding system orienting pedestrians and cyclists to major open
spaces, cultural facilities and transit opportunities.
Guideline Criteria
Incentive density of up to 5 points is appropriate for installing way-finding signage in proposed open spaces and public spaces.
These signs should provide maps and information orienting pedestrians and cyclists to nearby:
Parks and publicly accessible open spaces;
Trails and paths;
Cultural and governmental facilities;
Transit stations and stops;
Artworks and landmarks;
Special areas, buildings, or facilities of interest.
Additional incentive density points may be appropriate if other criteria are met, including:
A large number of signs are provided;
The way-finding system helps fulfill a demonstrated need, such as implementing a municipal program or capital improvement
priority.
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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.
1. Adaptive Buildings: Up to 15 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.
2. Care Centers: Up to 20 points for constructing a child, teen, or adult day care facility accommodating at least 15 users that satisfies
State standards.
3. Dwelling Unit Mix: Up to 10 points for integrating a mix of residential market-rate unit types with at least 7.5 percent efficiency
units, 8 percent one and two-bedroom units, and 5 percent three-or-more bedroom units; the proportional number of moderately
priced dwelling units (MPDUs) for each unit type must satisfy Chapter 25A.
4. Enhanced Accessibility for Seniors or the Disabled: Up to 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.
5. Live/Work: Up to 15 points for developments of up to 2.0 floor area ratio (FAR) total allowed density that provide at least 3 units
or, for developments allowed greater than 2.0 FAR, 10 percent of the total unit count as live/work units.
6. Moderately Priced Dwelling Units: There is no limitation on the number of points for providing more than 12.5 percent of the
residential units as MPDUs as required under Chapter 25A.
7. Small Business Opportunities: Up to 20 points for providing on-site space for small, neighborhood-oriented businesses.
October 2015
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1. Adaptive Buildings: Up to 15 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.
Guideline Criteria
Incentive density of 7.5 points is appropriate for an adaptive building that meets the requirements of the zoning code. Points
will be pro-rated per building in multi-building projects.
Additional incentive density points may be appropriate if other criteria are met, including:
A structural system that can support additional density and height that may be added in the future, up to the maximum
permitted density, without demolishing the structure;
An internal layout that allows changes between residential, retail, and office uses by minor modifications.
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2. Care Centers: Up to 20 points for constructing a child, a teen, or an adult day care facility accommodating at least 15 users that satisfies
State standards.
Guideline Criteria
October 2015
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4. Enhanced Accessibility for the Disabled: Up to 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.
Guideline Criteria
The provision of dwelling units that satisfy ANSI A117.1 Residential Type A standards, or an equivalent County standard, is eligible for
incentive density points of up to 20 points, on a sliding scale calculated on the percentage of complying units. Each percentage of
units is worth 3 points, thus, provision of seven percent of all units would be worth the full 20 points.
Formula: (A/T)*300
Example
12 units
T (total units)
200 units
Calculation: 18 points
October 2015
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5. Live/Work Units: Up to 15 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 percent of the total unit count as live/work units.
Guideline Criteria
Live/work units integrated into mixed-use communities provide products and services convenient to home.
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October 2015
6. Affordable Housing: There is no limitation on the number of points for providing more than 12.5% of the residential units as MPDUs as
required under Chapter 25.
The calculations for incentive density for affordable housing are provided in the zoning ordinance and chapter 25A and must comply with
all applicable regulations. MPDUs are calculated as a percent of the total number of dwelling units.
Example
14.5%
12.5%
1%
0%
Calculation: 29 points
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7. Small Business Opportunities: Up to 20 points for providing on-site space for small, neighborhood- oriented businesses.
Guideline Criteria
Incentive density of 10 points is appropriate for developments that provide retail bays of no more than 5,000 square feet for:
At least three small businesses on sites over one acre; or
All of the commercial spaces on smaller sites.
Further, the approved gross floor space for these businesses must be restricted for a period of six years after the issuance of the initial
use and occupancy permits. The six-year time period is binding upon future owners and successors in title, and must be stated as a
condition of any site plan approved by the Planning Board. Before a building permit is submitted for approval, the applicant must file
a covenant in the County land records that reflects these restrictions.
Greater or fewer points are appropriate if more or less spaces are provided. Additional incentive density points are appropriate if
small business opportunities are a master plan priority.
Small businesses provide jobs, keep dollars in communities, and provide diverse products and services.
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1. Architectural Elevations: Up to 20 points for providing architectural faades and agreeing to be bound by particular elements of
design, 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.
Guideline Criteria
Incentive density of 10 points is appropriate for development that provides and is bound by architectural elevations as part of a
certified site plan showing particular elements of the faade, including:
Minimum amount of transparency on the first floor;
Minimal spacing between operable doors;
Design priorities of the applicable master plan or implementing design guidelines.
Additional incentive density points may be granted where additional elements, such as signage, awnings, and lighting design, are
included, and where architectural elevations are a priority of the applicable master plan.
Adherence to specific faade design elements can be important in neighborhoods concerned about community character and context.
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2. 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 listed in Section 4.7.3.E.
Guideline Criteria
Incentive density of 5 points is appropriate for development that meets at least four of the following criteria. 10 points is
appropriate for development that meets all of them. Building or site design qualifies for the incentive density by:
Providing innovative solutions in response to the immediate context;
Creating a sense of place and serves as a landmark;
Enhancing the public realm in a distinct and original manner;
Introducing materials, forms or building methods unique to the immediate vicinity or applied in a unique way;
Designing compact, infill development so living, working and shopping environments are more pleasurable and desirable on
a problematic site;
Integrating low-impact development methods into the overall design of the site and building, beyond green building or site
requirements.
Exceptional design can create a community landmark as well as have economic and environmental benefits.
Sketch plan: Narrative and exhibits addressing criteria with specific examples.
Site plan: Final details, layout and justification.
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3. Historic Resource Protection: Up to 20 points for the preservation or enhancement of, or payment toward preservation or enhancement
of, a historic resource or a contributing element within a historic district designated in the County Master Plan for Historic Preservation.
Guideline Criteria
Incentive density of up to 10 points is appropriate for projects that protect historic resources by one of the following means:
Preservation or enhancement of a historic resource designated in the Master Plan for Historic Preservation or the Locational Atlas and
Index of Historic Sites, or for contributing elements within a historic district designated in the Master Plan for Historic Preservation on- or
off-site through:
Providing capital improvements, interpretive signs, or museum-type exhibits;
Integrating and constructing context-appropriate landscape and settings;
Protecting important view sheds.
Alternatively, a payment may be made as follows:
The minimum fee is 1 percent of the developments projected cost up to a maximum fee of $100,000.
The fee is paid prior to the release of the first building permit for the development.
The fee is used for stabilization, restoration, rehabilitation, or interpretive improvements of publicly owned historic resources
on parkland or for the identification, evaluation, documentation, interpretation, or related activities that will lead to a better
understanding of the Countys historic resources;
The fee is to be used for a project within or near the policy area where the proposed development is located.
More points will be awarded for preservation and enhancement projects that most closely adhere to the recommendations in the
Master Plan for Historic Preservation or Locational Atlas and Index of Historic Sites.
Fewer points will be granted when less than the applicable
recommendations are implemented. No points will be
awarded if it is determined the resource is compromised by
the proposed development.
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Retaining and enhancing historic buildings are appropriate for the Historic
Resource Protection public benefit.
4. Public Open Space: Up to 20 points for providing, or making a payment for, open space in excess of the minimum open space requirement of
the zone.
Guideline Criteria
Incentive density for public open space above the zones requirements is granted on a sliding scale, based on the percentage of the lot
area. The open space should be:
Example
Public spaces should be integrated into development, visible and accessible to all users.
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5. Public Art: Up to 15 points for installing public art reviewed for comment by the Art Review Panel under the Public Art Guidelines approved by the
Planning Board, or by paying a fee accepted by the Public Arts Trust Steering Committee (PATSC).
Guideline Criteria
Incentive density of 7.5 points is appropriate for public art that is reviewed for comment by the Art Review Panel and is found to fulfill at least five
of the following goals.
A fee instead of public art may be accepted for incentive density as follows.
The minimum fee is calculated on 0.5 percent of the developments projected cost up to $100,000;
The fee is paid to the PATSC via the Arts and Humanities Council prior to release of a building permit;
The fee is used for installation, management, and maintenance of public art at the discretion of the PATSC, with preference given to the policy
area where the proposed development is located.
More or fewer points may be awarded for projects that fulfill greater or fewer goals, respectively; more points may be awarded for unique works that
expand the Countys collection of various types of works or recognized artists or for projects that provide rotating temporary pieces. Review by the Art
Review panel should be completed prior to any Planning Board hearing on a site plan, except as allowed and conditioned by the Planning Board.
Artwork can define a place and become a landmark, as well as enliven community open space.
Sketch plan: Public art concept and narrative (or fee proposed).
Site plan: Final details approved after review by the Art Review Panel.
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6. Structured Parking: Up to 20 points for placing parking in an above- or below-grade parking structure.
Guideline Criteria
Structured parking may be granted incentive density points on a sliding scale, based on the percentage of total on-site spaces
provided in an above-ground parking structure multiplied by 10 points plus the percentage of total on-site spaces provided in a
below-grade parking structure multiplied by 20 points.
Example
A (above-grade spaces)
200 spaces
B (below-grade spaces)
T (total spaces)
145 spaces
345 spaces
Calculation: 14 points
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7. Tower Step-Back: Up to 10 points for stepping back a buildings upper floors by a minimum of 6 feet behind the first floor faade. The
setback must begin at a height no greater than 72 feet.
Guideline Criteria
Incentive density of 5 points is appropriate for buildings that meet the requirements of the Zoning Ordinance. The setback should
be retained across at least 70 percent of the frontage on any right-of- way or open space. Incentive points are pro-rated per
building in multi-building projects.
Additional incentive density points may be appropriate if other criteria are met, including:
Deeper setbacks;
A setback at a lower level;
Integration of setbacks with reduced floor plate sizes on upper stories.
Stepping back upper stories lessens wind and shade impacts on open spaces and streets,
increasing the comfort of the public realm.
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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 percent of the incentive
density floor area under the following parameters:
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 percent incentive density floor area;
A private BLT easement must be purchased in whole units; or
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 percent. Each BLT easement purchase or payment is equivalent to 9 points, or such proportionate points represented by a
fractional BLT purchase or payment.
b. In the LSC zone:
i. An applicant must purchase BLT easements, or make payments to the ALPF, in an amount equal to 50 percent of the incentive
density under the following parameters:
For any floor area above 0.50 FAR, one BLT, equivalent to 9 points, must be purchased or an equivalent payment made for:
- each 31,500 square feet of floor area of residential, nonresidential and life sciences between 0 and 40 percent of the
projects floor area;
- each 60,000 square feet of Life Sciences between 40 percent and 50 percent of the projects floor area.
Any private BLT easement must be purchased in a whole unit; or
BLT payments must be made to the ALPF, based on the amount established by Executive Regulations under Chapter 2B; if a
fraction of a BLT easement is needed, a payment based on the gross square footage of incentive density must be made for
at least the fraction of the BLT easement.
ii. Floor area restricted to the following uses is subtracted from the total density before calculating the required BLTs:
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Calculations for incentive density for BLTs are provided in Section 4.7.3.F.1 of the zoning ordinance.
Public spaces should be integrated into development, visible and accessible to all users.
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2. Cool Roof: Up to 10 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.
Guideline Criteria
On sites greater than one acre, incentive density of 5 points is appropriate for development that meets the cool roof requirements
of the Zoning Ordinance. On sites of one acre or less, up to 10 points is appropriate. Incentive density points may be pro-rated per
total roof area covered for individual or multiple buildings.
Cool roofs keep energy costs down and decrease the heat island effect.
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3. Energy Conservation and Generation: Up to 15 points for constructing buildings that exceed the energy-efficiency standards for the building
type by 17.5 percent for new buildings or 10 percent for existing buildings. At least 15 points for providing renewable energy generation
facilities on-site or within mile of the site for a minimum of 2.5 percent of the projected energy requirement for the development.
Guideline Criteria
Incentive density points for buildings that exceed the energy-efficiency standards for the building type are granted, as follows:
Table 3: Energy Efficiency Requirements
building
17.5%
new
5 points
10 points
15 points
existing
10 points
15 points
n/a
Additional incentive density points are appropriate for buildings that meet the renewable energy generation requirements of the Zoning
Ordinanceas follows:
Table 4: Renewable Energy Generation
Percent of Energy Requirements Provided through
Renewable Resources
1.25%
2.5%
10 points
15 points
Solar, wind, biomass, combined heat and power systems, and geothermal systems meet renewable energy generation guidelines.
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4. Habitat Preservation and Restoration: Up to 20 points for protection, restoration, or enhancement of natural habitats, on-site or within the
same local watershed, that are in addition to requirements of the Forest Conservation Law or other County laws.
Guideline Criteria
Up to 20 incentive density points can be granted on a sliding scale for habitat preservation and restoration, based on the amount of
habitat preserved or restored as a percentage of the lot area. The formula is the same as that used for public open space. The area
preserved or restored must meet the following requirements.
Streams, wetlands, and forests are the primary ecosystems in need of preservation and restoration in Montgomery County.
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5. Recycling Facility Plan: Up to 10 points for providing a recycling facility plan to be approved as part of a site plan for buildings that must
satisfy Montgomery County Executive Regulation 15-04AM or Montgomery County Executive Regulation 18-04.
Guideline Criteria
Incentive density of 5 points is appropriate for development that meets the requirements of the Zoning Ordinance.
Additional incentive density points may be appropriate if other criteria are met, including:
Facilities that exceed the applicable regulations;
Facilities that are integrated into building and site design, are readily accessible and easy to find without being visually disruptive.
Facilities that are integrated into site and building design early make it easy to recycle.
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6. Transferable Development Right: For a property that is in a TDR Overlay zone, up to 20 points for the purchase of TDRs under Section
4.9.15.B. Every TDR purchased is worth 1 point.
Guideline Criteria
The requirements for a TDR Overlay zone and the purchase of TDRs is in the zoning ordinance.
Minimum Submittal Requirements
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7. Tree Canopy: Up to 15 points for protecting tree canopy coverage with at least 15 years of growth per Trees Technical Manual approved
by the Planning Board, as amended, of at least 25 percent of the on-site open space.
Guideline Criteria
Incentive density of 7.5 points is appropriate for development that meets the requirements of the zoning ordinance. Coverage is
calculated as 75 percent of 20-year canopy coverage under the M-NCPPC Trees Technical Manual. Canopy used to satisfy Forest
Conservation requirements is not eligible for incentive density.
Additional incentive density points may be appropriate if other criteria are met, such as:
Greater coverage;
Larger planting size;
Increased number of varieties;
Use of native species.
Tree canopy provides habitat, shade, stormwater benefits and carbon sequestration, and mitigates the heat island effect.
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8. Vegetated Area: Up to 10 points for installation of plantings in a minimum of 12 inches of soil, covering at least 5,000 square feet. This
area does not include vegetated roofs or stormwater management facilities.
Guideline Criteria
Incentive density of 5 points is appropriate for development that meets the requirements of the zoning ordinance. This area must
not be part of the required public open space or open space used for incentive density. In addition, the areas within stormwater
management easements may not be counted.
Additional incentive density points may be appropriate if other criteria are met, including:
A vegetated area that replaces impervious area;
A vegetated area larger than a required open space area;
A maintenance program is provided;
Soil depth is greater than 12 inches;
The vegetated area is used as a community garden.
Vegetated areas provide garden space, habitat, stormwater benefits, carbon sequestration and mitigate the heat island effect.
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9. Vegetated Roof: Up to 15 points for installation of a vegetated roof with a soil depth of at least 4 inches
covering at least 33 percent of a buildings roof, excluding space for mechanical equipment.
Guideline Criteria
Incentive density of 7.5 points is appropriate for development that meets the zoning ordinance
requirements. Incentive density points may be pro-rated per building for multi-building development.
Additional incentive density points may be appropriate if other criteria are met, including:
Greater coverage than 33 percent of building roof;
Soil depth greater than 4 inches;
Plant species that provide habitat;
Native plant species.
Vegetated roofs save energy costs, reduce the heat island effect, provide habitat and decrease
stormwater run-off.
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10. Vegetated Wall: Up to 10 points for the installation and maintenance of a vegetated wall that covers at least 30% of any blank wall
or parking garage faade that is at least 300 square feet in area and is visible from a public street or open space.
Guideline Criteria
Incentive density of 5 points is appropriate for buildings that meet the requirements of zone.
Additional incentive density points may be appropriate if other criteria are met, including:
Greater percent of coverage;
Southern or western exposure;
Plants with varying flowering seasons;
integration into an overall energy or environmental site design program.
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Retained Buildings
Zoning Ordinance Citation
An owner or developer who redevelops a site with existing buildings may be granted incentive density points according to the Zoning
Ordinances requirements and formulas. Incentive density points may be pro-rated per building for a multi-building development.
Formula: (R/I)*100
Example
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