Agenda Item 7
November 13,2012
Introduction
MEMORANDUM
November 9, 2012
TO:
FROM:
SUBJECT:
County Council
Jeffrey L. Zyontz, Legislative Attorney)
/\~
Introduction:
Bill 31-12, Accessory Apartments - Licensing
Bill 31-12, Accessory Apartments - Licensing, sponsored by the Planning, Housing and
Economic Development Committee, is scheduled to be introduced on November 13, 2012. A
public hearing is tentatively scheduled for December 4 at 1:30 p.m. The Council will conduct a
worksession on Bill 31-12 and the Planning, Housing, and Economic Development Committee's
recommendation on ZTA 12-11 in January 2013.
Bill 31-12 would:
1) Require notice of the application by a sign posted on the property. The sign must be the
same size as a sign for a special exception application and give an internet web address to
allow interested residents to follow the status of the application and inform residents' of
their opportunity to object to Department of Housing and Community Affairs (DHCA)
findings.
2) Establish deadlines for review;
3) Require an accessory apartment to be the principal residences of the property owner;
proof that the property is the owner's principal residence would be:
(a)
the owner's most recent tax return;
(b)
the owner's current driver's license, or
(c)
the owner's real estate tax bill for the address of the proposed accessory
apartment;
4) Allow an applicant to object to DHCA's findings if the application is denied;
5) Allow residents to object to DHCA's findings or to allege that on-street parking is
inadequate;
6) Authorize the Hearing Examiner to hear objections;
7) Require DHCA to approve or deny the license based on the decision of the Hearing
Examiner;
8) Allow a judicial review of the Hearing Examiner's decision;
9) Require DHCA to maintain a list and a map of licensed apartments; and
10) Provide a simple process to renew a license.
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Although ZTA 12-11 is not the subject of the Council's December 4 public hearing, the 2
recommended actions are very much related. ZTA 12-11 as recommended by the Planning,
Housing, and Economic Development Committee would allow some accessory apartments to be
approved without a special exception. All accessory apartments require a license. The current
licensing process does not require any notice, specific standards, or an opportunity for objections
or appeal. Bill 31-12 is intended to compliment the Committee's recommendations on ZTA 12­
11.
The Committee recommended approval of ZTA 12-11 to make accessory apartments a permitted
use; however, if an applicant wanted a waiver of the minimum distance requirement or the on­
site parking requirement, a special exception would by required. Such a special exception would
be decided by the Hearing Examiner with an appeal allowed to the Board of Appeals. In some
instances, the Committee also recommended the following zoning standards for all future
accessory apartments:
Approval conditions
Limit one unit per one-family dwelling lot
(non-agricultural zone)
Part ofthe pre-existing principal dwelling
Additions to existing structure
· Separate structure
!
Committee's recommendation
Allowed without regard to age of the house
No acreage distinction
Allowed
i
Allowed if the lot is 1 acre or more in RE-2,
RE-2C, and RE-l
I
I
. Occupancy ofprincipal house
i
Require the address to be the primary residence •
of the owner
I
Prohibited when an accessory apartment is
• approved
Allow a separate side or rear yard entrance, a
separate
fi
ront entrance
'
It pre-exlste
d
t
h
e
I
f"'
• application, and a common front entrance
Must be the same as the main dwelling
Zoning classification controls; no minimum lot
size
2 adults; no limit on minors except housing
code
Limit floor area to less than 50% of main
dwelling but no larger than 2,500
!
Registered living
units
xterna
I
attrib utes
I
. Street Address
Development standards
,Maximum number ofpeople
2
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Excessive concentration
Same but subject to waiver; no prohibition on
back to back apartments
If there is an existing driveway, lon-site space
required in addition to any required on-site
place required for the main dwelling;
If new driveway is required,
2
spaces in
addition to main dwelling spaces
Require a report by DHCA after the
2,000th
. license is issued
Parking
Sunset provision
I
This packet contains:
Bill 31-12
Legislative Request Report
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Bill No.
31-12
Concerning: Accessory Apartments ­
Licensing
Revised: November 8, 2012Draft No. _1_
Introduced:
November 13, 2012
Expires:
May 13, 2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _ _ _ _ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: The Planning Housing, and Economic Development Committee
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
require an accessory apartment rental license issued by the Department of Housing
and Community Affairs;
establish the standards for the issuance of an accessory apartment license;
require notice of the proposed accessory apartment;
authorize the Hearing Examiner to hear objections to the Department's findings
concerning an accessory apartment rental license; and
generally amend the law governing an accessory apartment and appeals for rental
licenses.
By amending
Montgomery County Code
Chapter 2, Administration
Sections 2-112 and 2-140
Chapter 29, Landlord-Tenant Relations
Sections 29-16, 29-19, and 29-26
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
*
*
Heading or defined term.
Added to existing law by original bill,
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment,
Existing law unaffected by bill.
The County Council for Montgomery County, lvfaryland approves the following Act.'
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BILL
No. 31-12
1
Sec.
1.
Sections 2-140, 29-16, 29-19, and 29-26 are amended as follows:
2-140. Powers, duties and functions.
2
3
4
5
6
(a)
The Office of Zoning and Administrative Hearings must:
(1)
schedule and conduct public hearings on any appeal or other
matter assigned by law or by the County Council, County
Executive, or other officer or body authorized to assign matters to
a hearing examiner;
(2)
issue a subpoena, enforceable in any court with jurisdiction, when
necessary to compel the attendance of a witness or production of
a document at any hearing, and administer an oath to any witness;
(3)
allow each party in any hearing a reasonable opportunity to cross
examine each witness not called by that party on matters within
the scope of that witness' testimony;
(4)
forward a written report, with a recommendation for decision, to
the body that assigned the matter, including findings of fact and
conclusions oflaw where required or appropriate;
(5)
adopt regulations, subject to Council approval under method (2),
to govern the conduct of public hearings and other activities of
the Office.
7
8
9
10
11
12
13
14
15
16
17.
18
19
20
21
(b)
The Office may act as an administrative office or agency designated by
the District Council, as prescribed in the Regional District Act (Article
28 of the Maryland Code).
22
23
(c)
The Office may hear, and submit a written report and recommendation
to the specified officer or body on, any:
(1)
(2)
petition to the County Council to grant, modify, or revoke a
special exception, as provided in Chapter 59;
designation by the County Council of a geographic area as a
community redevelopment area; [or]
24
25
26
27
28
®
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BILL
No. 31·12
29
30
31
32
(3)
matter referred by the Board of Appeals under Section 2-112(b};
or
objection to
~
finding made
Qx
the Director of the Department of
Housing and Community Affairs concerning an application for
an accessory apartment rental housing license under Section 29­
26.
ill
33
34
35
36
(d)
When the County Executive or a designee must conduct an
administrative hearing under any law, the Executive may authorize the
Office of Zoning and Administrative Hearings to conduct the hearing or
any particular class of hearings.
37
38
39
40
41
29-16. Required.
(a)
The owner of a dwelling unit must obtain a rental housing license before
operating the dwelling unit as rental housing. If the owner
IS
a
42
43
44
corporation, the corporation must be qualified to do business in
Maryland under state law. Each owner must certify to the Department
the name, address and telephone number of an agent who resides in
Maryland and is qualified to accept service of process on behalf of the
owner.
(b)
The Director must issue [two] three classes of rental housing licenses.
Class 1 is a multifamily rental housing license. Class 2 is a single-family
rental housing license. Class
license.
(c)
A Class 1 rental housing license is required for each apartment complex
and personal living quarters building, and for each multifamily dwelling
unit operated as rental housing. A Class 2 rental housing license is
required for each single-family dwelling unit operated as rental housing.
A Class
45
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48
49
50
51
52
53
1
is
~
single-family accessory apartment
54
55
1
license is required for each single-family residence with an
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BILL
No. 31-12
56
accessory apartment that does not have
before {EFFECTIVE DATE}.
~
special exception approved
57
58
59
*
29-19. Licensing procedures.
*
*
60
61
(a)
To obtain a rental housing license, the prospective operator must apply
on a form furnished by the Director and must pay the required fee. If the
Director notifies the applicant of any violation of law within 30 days,
the Director may issue a temporary license for a period of time the
Director finds necessary to achieve compliance with all applicable laws.
62
63
64
65
66
(b)
Accessory apartment rental license.
ill
An owner of
[an
accessory apartment]
~
lot or parcel in
f!
zone
67
68
that permits accessory apartments may obtain
[and
keep] a
license to operate an accessory apartment if [the occupancy of the
accessory apartment is limited to]:
[(1)
69
70
71
One or more individuals who live and cook together as a single
housekeeping unit and are related by:
(A)
(B)
(C)
Blood;
Marriage; or
Adoption; or
72
73
74
75
(2)
No more than 2 individuals who live and cook together as a
single housekeeping unit.]
76
77
78
79
.cAl
the owner places
~
§!gn
on the lot of the proposed
~
accessory apartment within
license unless
~ ~
days after applying for the
is required as part of an application
80
81
for
~
special exception. The
~
must:
ill
be constructed of any durable material approved
Qy
the Director;
82
o
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BILL
No.
31-12
83
(in
be at least 30 inches above the ground at its lowest
level;
84
85
(iii)
(iv)
be at least 24 inches high and 36 inches wide;
have only letters and numbers that are at least
1
inches high; and
86
87
88
89
ill
include information that an application for an
accessory apartment license was filed, the internet
address of
£!
web site to find the status of the
application, and any other facts required
Qy
the
Director.
90
91
92
93
94
ill.)
the principal dwelling on the lot or parcel required for the
proposed accessory apartment is the owner's primary
residence. Evidence of primary residence includes:
95
96
97
98
99
ill
(ii)
(iii)
the owner's most recent Maryland income tax
return;
the owner's current Maryland driver's license, or
the owner's real estate tax bill for the address of the
proposed accessory apartment; and
100
101
the
-
Director
- - - -
finds that:
the accessory apartment satisfies the standards for
an accessory apartment in Section
59-A-6.19;
or
102
103
104
ill
(ii)
the accessory apartment was approved under Article
59-G as
£!
special exception.
105
106
107
ill
Upon receipt of an application for an accessory apartment
license, the Director must:
(!)
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BILL
No. 31-12
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112
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133
(A) send
~
fQRY
of the application to the Office of Zoning and
Administrative Hearings within
application was filed;
ill)
~
days after the date the
inspect the lot or parcel identified in the application and
the proposed accessory apartment;
(Q
complete
~
report on any repairs or improvements needed
to approve the application;
.em
lID
issue
~
report on all required findings within 30 days after
the date the application was filed;
post
~
fQRY
of the Director's report on findings on the
internet web site identified on the applicant's sign;
®
issue or deny
~
new license 30 days after the issuance of
the Director's report unless:
ill
ni)
~
timely
objection is filed under Section 29-26; or
improvements to the property are required before
the license may be approved.
ill
The Director may renew
~
license for an accessory apartment at
the request ofthe applicant if
(A) the applicant:
ill
attests that the number of occupants will not exceed
the requirements of Section 26-5 and there will be
no more than
.f.
residents in the apartment who are
older than
.lli
years;
Oi)
attests that one of the dwelling units on the lot or
parcel will be the primary residence of the owner;
and
@
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BILL No. 31-12
134
135
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153
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155
(iii)
acknowledges that
Qy
obtaining
!!
license the
applicant gives the Director the right to inspect the
lot or parcel including the accessory apartment.
ill
The Director may renew
!!
Class
1
license for an accessory
apartment that was approved as
!!
special exception, as
!!
Class
1
license if the conditions of the special exception remain in effect
and the applicant is in compliance with those conditions,
®
The Director must maintain
!!
public list and map showing each
Class
1
license and each accessory apartment with
!!
Class
1
license.
(c)
Where a rental building has not been completely constructed or
renovated, the Director may issue a temporary license for that part ofthe
building that has been completely constructed or renovated if the
landlord has:
(1)
obtained a temporary certificate of occupancy under Chapter 8;
and
(2)
complied with all other applicable laws.
However, the temporary license expires when a license to operate the
entire building is issued.
(d)
The Director must not issue a rental housing license for a personal
living quarters building unless the applicant has submitted a satisfactory
management plan. The plan must specify who will manage the building
and explain what the manager will do to achieve acceptable levels of
safety, sanitation, and security in the building's common areas.
(e)
Each licensee must give the Department a current address for the receipt
of mail. If the Department sends first class or certified mail to the
licensee at the designated address and the mail is returned as
156
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160
.0­
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BILL
No. 31-12
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undeliverable, the Department may treat the mail as having been
received.
*
29-26. Appeals and Objections.
*
*
ill
Any person aggrieved by a final action of the Commission rendered
under this Article may appeal to the Circuit Court [in accordance with]
under the Maryland Rules of Procedure for
[a
review of the action1
judicial review of
f!
final administrative agency decision. An appeal
does not stay enforcement of the Commission's order.
(hl
Objections concerning any new accessory apartment license.
171
172
173
ill
The applicant for
f!
new license for an accessory apartment may
object to an adverse finding of fact by the Director by filing an
objection and
f!
request for
f!
hearing with the Office of Zoning
and Administrative Hearings.
174
175
176
ill
Any other aggrieved person may file an objection and request for
f!
hearing with the Office of Zoning and Administrative Hearings
177
178
179
180
~
®
objecting to any finding of fact by the Director; or
alleging that on-street parking is inadequate when
f!
special
exception
not required.
.a:n
ill
181
182
183
A request for
f!
review by the Hearing Examiner must be
submitted to the Office of Zoning and Administrative Hearings
within 30 days after the date of the Director's report and must
state the basis for the objection.
184
185
186
ill
The Hearing Examiner must send notice of an adjudicatory
hearing to the applicant and any aggrieved person who filed an
objection within
187
2
days after the objection
~
IS
received and
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BILL
No.
31-12
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203
204
205
206
207
(2)
(§)
conduct any such hearing within 20 days of the date the objection
is received unless the Hearing Examiner determines that
necessary parties are unable to meet that schedule.
ill
The Hearing Examiner may only decide the issues raised
Qy
the
objection.
The Hearing Examiner may find that on-street parking
inadequate if:
IS
fA)
the available on-street parking for residents within 300 feet
of the proposed accessory apartment would not permit
resident to park on-street near his or her residence on
regular basis; and
~
~
ill.)
the proposed accessory apartment is likely to reduce the
available on-street parking within 300 feet of the proposed
accessory apartment.
m
®
The Hearing Examiner may find that more than the minimum on­
site parking must be required as
~
condition of the license.
The Hearing Examiner must issue
~
final decision within 30 days
after the close of the adjudicatory hearing.
The Director must issue or deny the license based on the final
decision of the Hearing Examiner.
(iii) {lQ}
Any aggrieved
Pill1Y
who objected under
subsection 29-26(b) may request the Circuit Court
to review the Hearing Examiner's final decision
under the Maryland Rules of Procedure. An appeal
to the Circuit Court does not automatically stay the
Director's authority to grant
~
license.
@
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LEGISLATIVE REQUEST REPORT
Bill 31-12
Accessory Apartments
-
Licensing
DESCRIPTION:
This Bill establishes a process for accessory apartment licensing
including noticing, standards for issuance and renewal, objections
and appeals
ZTA 12-11 as introduced, currently pending before the Council,
would allow some accessory apartments to be approved without a
special exception. All accessory apartments require a license. The
current licensing process does not require any notice, specific
standards, or an opportunity for objections or appeals.
This Bill would establish a process for accessory apartment licenses
including noticing, standards for issuance and renewal, objections
and appeals
DHCA, MNCPPC, BOA, OZHA
To be requested.
To be requested.
To be requested.
To be researched.
Jeffrey Zyontz, (240) 777-7896
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICA TION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A violation
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