Effective April 19, 2002
ARTICLE 20 - “B-3" HIGHWAY
BUSINESS DISTRICT
PREAMBLE
The Highway Business
District as herein established is intended to provide for servicing
the needs of automobile highway traffic at the interchange areas on
feeder roads. The avoidance of undue congestion along feeder roads,
the promotion of smooth traffic flow at the interchange area and on
the expressway, and the protection of adjacent properties in
adjacent districts from adverse influences of traffic are prime
considerations in the application of this district.
SECTION 2001 PRINCIPAL PERMITTED USES
A. Automobile
service stations.
B. Retail
establishments to service the needs of the highway traveler
including such facilities as: drugstores, gift shops, restaurants.
C. Motels, hotels,
and transient lodging facilities.
D. Other uses
similar to the above.
SECTION 2002 CONDITIONAL USES
A. Other uses
similar to those listed in Principal Permitted Uses with the
approval of the Board of Zoning Appeals.
SECTION 2003 ACCESSORY USES
A. Accessory uses,
buildings or other structures customarily incidental to any of the
foregoing permitted uses.
B. Signs as
regulated by Article 41 of this Resolution.
C. Temporary
buildings or structures for uses incidental to construction work,
which buildings or structures shall be removed upon the completion
or abandonment of the construction work.
SECTION 2004 DEVELOPMENT STANDARDS
In addition to the
provision of Chapters VIII and IX, General Regulations and Special
Regulations, the following standards for arrangements and
development of land and building are required in the “B-3" Highway
Business District.
2004.01 HEIGHT REGULATIONS
No structure shall
exceed forty (40) feet or four (4) stories.
2004.02 LOT AREA, FRONTAGE AND YARD REQUIREMENTS
The following
minimum requirement shall be observed:
Lot Area None
Lot Frontage None
*Front Yard Depth 35 Ft.
1. Side Yard:
None, except when adjacent to Residential or Planned Residential
District. In such case the side yard shall be not less than
one-fourth (1/4) of the sum of the height and depth of the
structure, but in any event not less than fifteen (15) feet.
2. Rear Yard: A
rear yard shall be required adjacent to a Residential Zoning
District or a Planned Residential District. Such rear yard shall
not be less than one-fourth (1/4) of the sum of the height and width
of the structure, but in no case shall be less than twenty (20) feet
deep.
If a use is to be
serviced from the rear, a yard shall be provided not less than forty
(40) feet deep.
2004.03 MAXIMUM LOT COVERAGE
Fifty (50) percent
of lot area.
2004.04 MAXIMUM FLOOR AREA RATIO
.50
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* The front yard depth shall be measured from
the established right-of-way lines as shown on the Official
Thoroughfare Plan for Montgomery County.
SECTION 2005 REQUIRED CONDITIONS
No zoning
certificate shall be issued for a “B-3" District use until the
applicant shall have certified to the Zoning Administrator that:
A. All development
shall be physically separated from the public road by a curb and
planting strip or other suitable barrier. Such barrier shall
effectively eliminate unchanneled vehicle ingress and egress except
for authorized access ways.
B. Each separate
use, grouping of buildings or grouping of uses as part of a single
development shall not have more than two (2) access ways from a
public road. Such access ways shall not be located closer than
three hundred (300) feet to the point of intersection of an entrance
or exit ramp and the public road.
C. No open storage
of (but not limited to): junk, refuse, miscellaneous discarded
items, inoperative items, inoperative or unlicensed motor vehicles
and recreational equipment, auto parts and accessories, or
inoperative appliances.
D. A minimum of
sixty-five percent (65%) of each side of the exterior of the
building shall be full-sized standard brick or stone, excluding
windows and doors. The remaining thirty-five percent (35%) of the
exterior finish materials shall not be concrete block. Brick or
stone must be earth tone and not painted material. Samples of
materials shall be submitted for approval.
E. Mechanical
equipment, transformers, and other utility hardware shall be
screened from public view with materials harmonious with the
building or landscaping.
F. Dumpster and
trash receptacles must be enclosed by brick or stone on three (3)
sides and of a color harmonious with the building. Dumpsters shall
be located to the side or behind the building.
G. Green space shall
be a minimum of twenty percent (20%) of the land area and shall not
be used or occupied by permanent building, structures, or parking.
A minimum of one-half of the required green space shall be located
within the parking area.
H. Where the property
lines separate a Business District from a Residential District and the
business activity is being conducted at fifty (50) feet or less
distance from the residential property line, a visual and mechanical
barrier, a minimum of four (4) feet and a maximum of eight (8) feet in
height shall be provided and maintained by the business concern along
the common lot line if requested by one of the property owners or
lessees. This request may be made in writing to the Zoning
Administrator within a twelve (12) month period after the
establishment of or the intensification of the business activity. The
visual and mechanical barrier may consist of any of the following:
1. An evergreen hedge
or dense planting of evergreen shrubs at least four (4) feet thick and
maintained in good condition. Until the density shall be sufficient
to prevent children and adults from passing through, the Board of
Zoning Appeals may require wire fencing or other types of protection
as a temporary measure.
2. A masonry wall.
3. Other materials and
methods as approved by the Board of Zoning Appeals.
