Clerk's Note: Changed line 107 to read Section 59-A-6.20. not Section 59-A-6.19
CORRECTED
BILL
Bill No.
31-12
Concerning: Accessory Apartments ­
Licensing
Revised: January 16, 2013 Draft No._4_
Introduced:
November 13, 2012
Enacted:
February 5, 2013
Executive:
February 12, 2013
Effective:
May 20, 2013
Sunset Date:
~N~on~e::...-
_ _ _ _ __
Ch.
Laws of lVIont. Co.
2013
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: The Planning Housing, and Economic Development Committee
AN
ACT
to:
(l)
(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 bracketsD
* * *
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, Maryland approves the following Act:
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BILL
No.
31-12
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Sec. 1.
Sections 2-140, 29-16, 29-19, and 29-26 are amended as follows:
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2-140. Powers, duties and functions.
(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 of law 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.
(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).
(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]
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BILL No. 31-12
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(3)
matter referred by the Board of Appeals under Section 2-112(bt
or
~
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ill
objection to
finding made
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the Director of the Department of
Housing and Community Affairs concerning an application for
an accessory apartment rental housing license under Section 29­
26.
(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.
29-16. Required.
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(a)
The owner ofa dwelling unit must obtain a rental housing license before
operating the dwelling unit as rental housing. If the owner
IS
a
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)
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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.
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J.
is
~
single-family accessory apartment
(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
J.
license is required for each single-family residence with an
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BILL NO. 31-12
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accessory apartment that does not have
before May 20,2013.
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special exception approved
*
29-19. Licensing procedures.
*
*
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(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.
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(b)
Accessory apartment rental license.
ill
An
owner of [an accessory apartment]
~
lot or parcel in
~
zone
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)
One or more individuals who live and cook together as a single
housekeeping unit and are related by:
(A)
(B)
(C)
(2)
Blood;
Marriage; or
Adoption; or
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No more than 2 individuals who live and cook together as a
single housekeeping unit.]
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®
the owner places
~ ~
provided by the Director on the lot
of the proposed accessory apartment within
~
days after
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[[applying for]] the Director accepts an application license.
unless
~ ~
is required as part of an application for
~
special exception. [[The
~
must:
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BILL
No. 31-12
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ill
(ii)
be constructed of any durable material approved
by
the Director;
be at least 30 inches above the ground at its lowest
level;
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(iii)
(iv)
be at least
24
inches
high
and
36
inches wide;
have only letters and numbers that are at least
inches high; and
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(y)
include information that an application for an
accessory apartment license was filed, the internet
address of
S!
web site to find the status of the
application, and any other facts required
by
the
Director.]] The sign provided by the Director must
remain in place on the lot for a period of time and in
a location determined by the Director.
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@
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:
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(ii)
the owner's most recent Maryland income tax
return;
the owner's current Maryland driver's
or
license[[.1]]~
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(iii)
the owner's real estate tax bill for the address of the
proposed accessory apartment; and
(C)
the Director finds that:
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the accessory apartment satisfies the standards for
an accessory apartment in Section 59-A-6.20; or
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BILL
No. 31-12
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(ii)
the accessory apartment was approved under Article
59-0 as
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special exception.
[[ill]]
ill
Upon receipt of an application for an accessory apartment
license, the Director must:
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(A)
send
~
£QQY
of the application to the Office of Zoning and
Administrative Hearings within
~
days after the date the
application was [[filed]] accepted by the Director;
(ill
inspect the lot or parcel identified in the application and
the proposed accessory apartment;
(g
complete
~
report on any repairs or improvements needed
to approve the application;
(D)
issue
~
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report on all required findings within 30 days after
the date the application was [[filed]] accepted by the
Director;
ill)
post
~
£QQY
of the Director's report on findings on the
internet web site identified on the applicant's sign; and
(E)
issue or deny
~
new license 30 days after the issuance of
the Director's report unless:
ill
(ii)
~
timely objection is filed under Section 29-26; or
improvements to the property are required before
the license may be approved.
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[[ill]]
ill
The Director may renew
~
license for an accessory
apartment at the request of the applicant if
~
(A)
the applicant:
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attests that the number of occupants will not exceed
the requirements of Section 26-5 and there will be
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BILL No. 31-12
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(
c)
no more than
~
residents in the apartment who are
older than
.lli
years;
(ii)
attests that one of the dwelling units on the lot or
parcel will be the primary residence of the owner;
and
(iii)
acknowledges that
Qy
obtaining
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license the
applicant gives the Director the right to inspect the
lot or parcel including the accessory apartment.
The Director may renew
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Class
1
license for an accessory
~
[[ill]]
(4J
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[[.1]]~
ill
The Director may
tr~sfer
an accessory apartment license to a
new owner of a licensed apartment if the new owner applies for
the transfer. The conditions and fees for any transfer are the same
as the conditions and fees for a license renewal.
®
The Director must maintain
Class
~
public list and map showing each
~
1
license and each accessory apartment with
Class
1
license.
Where a rental building has not been completely constructed or
renovated, the Director may issue a temporary license for that part of the
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.
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No.
31-12
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(
e)
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.
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
undeliverable, the Department may treat the mail as having been
received.
*
29-26. Appeals
and
Objections.
.@)
*
*
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 action]
judicial review of
~
final administrative agency decision. An appeal
does not stay enforcement of the Commission's order.
(hl
Objections concerning any new accessory apartment license.
ill
The applicant for
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new license for an accessory apartment may
object to an adverse finding of fact
Qy
the Director
Qy
filing an
objection and
~
request for
~
hearing with the Office of Zoning
and Administrative Hearings.
ill
Any other aggrieved person may file an objection and request for
~
hearing with the Office of Zoning and Administrative Hearings
Qy
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No. 31-12
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(A)
ill)
objecting to any finding of fact
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the Director; or
alleging that on-street parking is inadequate when
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special
exception is not required.
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A request for
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review
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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.
ill
The Hearing Examiner must send notice of an adjudicatory
hearing to the applicant and any aggrieved person who filed an
objection within
~
days after the objection is received and
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:
(A)
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)
~
~
IS
the proposed accessory apartment is likely to reduce the
available on-street parking within 300 feet of the proposed
accessory apartment.
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ill
The Hearing Examiner may find that more than the minimum on­
site parking must be required as
~
condition ofthe license.
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No. 31-12
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The Hearing Examiner must issue
£!
final decision within 30 days
after the close ofthe adjudicatory hearing.
{2}
The Director must issue or deny the license based on the final
decision of the Hearing Examiner.
[[(iii)]].QQ)
Any aggrieved
~
Qill1y
who objected under subsection 29­
may request the Circuit Court to review the Hearing
Examiner's final decision under the MIDland Rules of Procedure.
An
appeal to the Circuit Court does not automatically stay the
Director's authority to
W!!!
£!
license.
Sec. 2.
Effective date.
This Act takes effect on May 20. 2013 .
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. Approved:
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Date
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lsi
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This is a correct copy ofCouncil action.
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~?;,,~
Linda M. Lauer, Clerk ofthe Council
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