Montgomery County, MD Zoning Overlays & Bonuses: Downtown Design Guide (2026)
Key Facts
- Governing provision
- Ch. 59, Div. 4.9, § 4.9.2
- Height cap
- Limited to underlying zone unless approved
- Park Impact Payment
- $15.57 per sq ft of BOZ density
- MPDU incentive
- 15%+ affordable units unlock added height
- Applies to
- CR and CRT zones in downtown Bethesda
Summary
Development in downtown Bethesda falls under a special zoning overlay that caps building height at the underlying zone limit and lets height and density rise only through Planning Board-approved site plans, MPDU allocations, and per-square-foot park impact fees.
The purpose of the B Overlay Zone is to implement the recommendations of the Bethesda Downtown Plan, as amended, as it relates to density, building heights, affordable housing, parks, and design.
B. Land Uses The land uses of the underlying zones apply. Surface Parking for Use Allowed in the Zone is not allowed as a principal use on a site from which density has been transferred.
C. Development Standards
1. Building Height
a. Except as provided in Section 4.9.2.C.3, the maximum building height is limited to the height allowed in the underlying zone.
b. With Planning Board approval, any optional method development in a CR zone that includes the provision of a new recreation center may add the height of any floor mostly used for the facility, including above-grade parking, up to a maximum of 24 additional feet, to the maximum height otherwise allowed.
2. Density
a. In the CR or CRT zone, a development may exceed the mapped FAR on a site if the Planning Board approves a sketch or site plan under Section
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
Montgomery County Code Chapter 59, Division 4.9's Bethesda (B) Overlay Zone implements the Bethesda Downtown Plan's density, height, affordable-housing, park, and design recommendations layered onto the underlying CR and CRT zoning. Baseline building height stays capped at whatever the underlying zone allows; a project can only exceed the mapped floor-area ratio if the Planning Board approves a sketch or site plan drawing on Bethesda Overlay Zone (BOZ) Density, and developers using that bonus density must pay a Park Impact Payment currently set at $15.57 per square foot of approved BOZ Density floor area, adjusted biennially for construction costs. Projects providing at least 15% Moderately Priced Dwelling Units can also earn added height.
Violations & Fines
Violating the overlay zone's density, height, or approval requirements is punishable as provided in Maryland Land Use law or by a civil fine, with each day of continued violation a separate offense under Section 7.8.1.
Frequently Asked Questions
Does the Bethesda Overlay Zone set its own height limits?
What is the Park Impact Payment for bonus density in Bethesda?
Sources & Official References
Other rules in Montgomery County
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