USA > Maryland > Montgomery County > The history of land subdivision development in Montgomery County, adjacent to the national capital > Part 5
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C. Area Regulations: The minimum dimensions of yards and the minimum lot area per family, except as provided in Section VIII, shall be as follows:
1. Lot area per family: Same as for "B" Residence Zone, Section IV, C, except that in the case of apartments and flats the minimum, gross lot area per family shall be six hundred twenty-five (625) square feet.
2. Front Building Line: Same as for "A" Residence Zone, Section III, C 2, except that the minimum front yard depth of twenty-five (25) feet shall be increased by three (3) inches for each foot of building height over forty (40) feet.
3. Side Yard: Same as for "B" Residence Zone, Section IV, C, except in the case of apartments and flats the minimum side yard of eight (8) feet shall be increased by four (4) inches for each foot of building height over forty (40) feet.
4. Rear Yard: There shall be a rear yard having a mini- mum depth of twenty (20) feet measured from the rear lot line, such depth to be increased by three (3) inches for each foot of building height over forty (40) feet.
5. Courts: The minimum court width of eight (8) feet shall be increased by three (3) inches for each foot of building height over forty (40) feet.
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SECTION VI - "D" COMMERCIAL ZONE
A. Use Regulations: Unless herein provided no building or premises shall be used or any building or structure be hereafter erected, altered or repaired in the "D" Commercial Zone except for one or more of the following uses:
1. Any use permitted with "C" Residence Zone, Section V, A, and subject to the same proviso in each case as set forth in Section III, A of this ordinance.
+ 2. "Barbecue", and/or "pig whistle", so-called, and/or establishments for outdoor roasting or cooking of food.
+ 3. Laundry. + 4. Public garage other than for storage.
+ PROVIDED HOWEVER, That before any building or premises within the said "D" Commercial Zone shall be used or any building or structure shall be erected, altered or repaired for any of the uses numbered 2, 3 and 4 in the foregoing portion of this Section VI, A, the assent of the District Council to such proposed use shall first be obtained. Such assent shall be given by the passage of an ordinance.
5. Or for any other use except the following:
a. Blacksmith or horseshoeing establishment
r. Bottling works
c. Carting or hauling yard
d. Contractor's plant or storage yard
e. Cooperage
f. Fuel yard or storage
g. Ice plant or storage house for more than 10 tons capacity
h. Lumber yard
i. Machine shopor wood working plant
j. Stone yard or monument works
k. Storage or haling of scrap paper, rags or junk
1. Uses listed under the "E" Industrial Zone, Section VII.
m. Any kind of manufacture other than manufacture clearly incident to a retail business conducted on the premises, or any manufacture or treatment which would constitute a nuisance.
B. Height Regulations: Building height unlimited, except in the case of residential uses the Area Regulations, Section V, C shall apply.
C. Area Regulations: For property occupied for residential use the Area Regulations, Section V, C shall apply. For uses other than residential, that are permitted in this zone, the entire lot between the front building line and rear lot line may be used.
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SECTION VII - "E" INDUSTRIAL ZONE
A. Use Regulations: In the "E" Industrial Zone buildings and premises may be used for any purpose whatsoever; PROVIDED HOWEVER, That before any building or premises within the "E" Industrial Zone shall be used or any building or structure shall be hereafter erec, ted, altered or repaired for any of the following uses in this sec- tion, the assent of the District Council to such proposed use shall first be obtained. Such assent shall be given by the passage of an ordinance.
1. Abbatoir
2. Advertising structure other than one pertaining to the general business conducted on the premises
3. Acetylene gas manufacture.
4. Ammonia, bleaching powder or chlorine manufacture 5. Arsenal
6. Asphalt manufacture or refining
7. Boiler works
8. Brick, tile, or terra cotta manufacture
9. Celluloid manufacture or treatment
10. Coke ovens
11. Creosote manufacture or treatment
12. Disinfectants manufacture
13. Distillation of bones, coal or wood
14. Exterminators and insect poisons manufacture
15. Emery cloth and sandpaper manufacture
16. Fat rendering.
17. Fertilizer manufacture
18. Forge plant
19. Gas (heating or illuminating) manufacture
20. Glue, size or gelatin manufacture
21. Gunpowder manufacture or storage
22. Fireworks or explosives manufacture or storage
23. Incineration or reduction of dead animals, offal or garbage
24. Kamp black manufacture
25. Lime, cement or plaster of Paris manufacture
26. Match manufacture
27. Oil cloth or linoleum manufacture
28. Oiled, rubber or leather goods manufacture
29. Ore reduction
30. Paint, oil, shellac, turpentine or varnish manufacture
31. Petroleum refining, or storage in more than tank car lots
32. Potash refining
33. Pyroxylin manufacture
34. Railroad yard or roundhouse
35. Rock crusher
36. Rolling mill
37. Rubber or gutta percha manufacture or treatment
38. Sauerkraut manufacture
39. Sausage manufacture
40. Saw mill
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41. Shoe blacking manufacture
42. Smelting
43. Soap manufacture
44. Soda and compound manufacture
45. Stockyards
46. Sulphuric, nitric, or hydrochloric acid manufacture
47. Tallow, grease or lard manufacture or refining
48. Tanning, curing or storage of leather, raw hides or skins
49. Tar distillation or manufacture
50. Tar roofing or tar waterproofing manufacture
51. Tobacco (chewing) manufacture or treatment
52. Vinegar manufacture
53. Wool pulling and scouring
54. Yeast plant
55. Such other uses, as in the opinion of the Commission, may become so noxious or offensive by reason of
the emission of odor, dust, smoke, gas or noise as to justify approval by ordinance as set forth in the proviso, paragraph A of this Section.
R. Height Regulations: Same as for "D" Commercial Zone, Section VI, B.
C. Area Regulations: Same as for "D" Commercial Zone, Section VI, C.
SECTION VIII - GENERAL REGULATIONS
AND EXCEPTIONS
Height and area requirements shall be subject to the follow- ing regulations and exceptions:
1. In any zone wherein are permitted public and semi- public buildings, such buildings may be erected to a height not ex- ceeding seventy-two (72) feet, when set back from all lot lines not less than one foot for each foot such building exceeds a height of forty (40) feet, this increased set back to be in addition to the required yard dimensions for such zone.
2. Chimneys, towers, tanks, penthouses or necessary mechanical appurtenances may be erected to their required height. An accessory building may be built to a height of two stories to provide quarters for servants employed on the premises.
3. In the case of a let or parcel of land having a width . of at least forty (40) feet but less than fifty (50) feet, and which is included in a plat or deed of record at the time of adoption of this ordinance, there shall be a side yard on each side of a dwell- ing of not less than five (5) feet in width and the provisions of Section III, C, l, shall not apply to such lot or parcel.
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4. Every part of a required yard or court shall be open and unobstructed from its lowest point to the sky, except that open porches, fire escapes, open stairways and chimneys may be permitted by the Building Inspector where same are so placed as not to oh- struct light and ventilation.
5. Steps and uninclosed porches may encroach on the front building line not to exceed nine (9) feet and shall not exceed one story in height.
6. Nothing contained in this ordinance shall prevent in any zone, the erection and use of a structure or premises for public or public utility purposes when deemed necessary by the District Council for the public convenience and welfare.
7. In the case of corner lots having a side yard along a street upon which no lots front directly, between the two adjacent cross streets, such side yard may be reduced to a minimum width of fifteen (15) feet.
8. No yard, court or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be considered as a yard, court or other open space for another building, nor shall the size of any yard, court or open space be reduced to less than the area requirements of this ordinance
Non-Conforming Uses
In case a non-conforming structure or premises shall remain vacant for a period of one year, or a non-conforming structure shall be damaged to the extent of fifty (50) per cent of its value; then such non-conforming use shall terminate and revert to the conforming use of the zone in which it is located.
SECTION IX - PLATS
All applications for building permits shall be accompanied by a plat drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary to provide for the enforce- ment of these regulations. An accurate and complete record of such applications and plats shall be kept in the office of the Building Inspector, or other public officer designated to act as such.
SECTION X - INTERPRETATION, PURPOSE
AND CONFLICT
In interpreting and applying this ordinance, the requirements contained herein are declared to be the minimum requirements for the protection of the health, morals, safety or welfare. This ordinance shall not be deemed to interfere with or abrogate or annul or other- wise affect in any manner whatsoever any easements, covenants, or
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other agreements between parties, provided however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or permits, or by easements, covenants or agreements, the provisions of this ordinance shall control.
SECTION XI - BOUNDARIES OF ZONES
Where uncertainty exists with respect to the boundaries of the various zones shown on the maps accompanying and made a part of this ordinance, the following rules shall apply:
1. The zone boundaries are either streets or alleys, un- less otherwise shown, and where the designation on the maps accom- panying and made a part of this ordinance indicating the various zones are approximately Founded by street or alley lines, said street or alley shall be construed to be the boundary of such zones.
2. Where the zone boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the zone boundaries shall be construed to be lot lines, and where the designations on the maps accompanying and made a part of this ordinance indicating the various zones are approxi- mately bounded by lot lines, said lot lines shall be construed to be the doundary of such zones unless said boundaries are otherwise indicated on the maps.
3. Whenever a portion of any zone is indicated upon the zoning map as a strip paralleling an opened or unopened street, the width of this strip, unless delimited on said map by lot lines or otherwise, shall be assumed to be 120 feet measured at right angles from the lines of the street to which it is parallel and adjacent.
SECTION XII - VIOLATIONS, MISDEMEANORS
The violation of any section of this ordinance is hereby de- clared to be a misdemeanor punishable as provided in Section 18 of Chapter 448 of the Laws of Maryland of 1927. In the case of con- tinuing acts each day's violation is hereby declared to be a separate offense hereunder.
SECTION XIII - CHANGES AND AMENDMENTS
The right to alter, amend or repeal and reenact this ordinance is hereby expressly reserved.
SECTION XIV - SAVING CLAUSE
Should any section, clause or provision of this ordinance he declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid.
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