AGENDA ITEM #5
January 15,2013
Worksession
MEMORANDUM
January 11,2013
TO:
FROM:
SUBJECT:
County Council
/J
'l':
Je
f
lrey
L.
Z
yontz, LegIs
I ' A
ttorney
ative
1/.
ZTA 12-11, Accessory Apartments Amendments
Bill 31-12, Accessory Apartments Licensing
Zoning Text Amendment (ZTA) 12-11, sponsored by the District Council at the request of the Planning
Board, was introduced on July 24, 2012. In the opinion of the Planning Board, the process for reviewing
accessory apartments was overly complex and time consuming. The ZTA would allow accessory
apartments under certain conditions without a special exception. It would still require a special
exception approval whenever all those circumstances are not present. The Council conducted a public
hearing on September 11, 2012. There was extensive testimony, some in support and some in
opposition. Some testimony recommended specific changes. After worksessions on October 8,
October 22, and November 5, 2012, the Committee recommended Bill 31-12 and amending ZTA 12-11
to simplify and speed the review of most accessory apartments. The Committee also recommended
amendments to ZTA 12-11 that anticipated the approval of Bill 31-12, Accessory Apartments ­
Licensing, sponsored by the Planning, Housing and Economic Development Committee, which was
introduced on November 13,2012.
The ZTA would establish the standards for approval of accessory apartments.
It
would require the
approval of a new licensing procedure for all accessory apartments that would be established by
Bill 31-12. This memorandum reviews the 2 recommended actions separately, starting with ZTA 12-11.
Background memoranda used for the Committee worksession are attached.
PHED Recommendation:
The Committee recommended approval of ZTA 12-11 with amendments.
The Committee agreed with the core concept of ZTA 12-11 that makes accessory apartments a permitted
use under certain circumstances; however, under the Committee's recommendation, if an applicant
wanted a waiver of the minimum distance requirement or the on-site parking requirement, a special
exception would be 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:
 PDF to HTML - Convert PDF files to HTML files
Approval conditions
---
Committee's recommendation
(current standard in parentheses)
Limit one unit per one-family detached
IAllowed without regard to age of the house (Currently, the
!dwelling (non-agricultural zone)
house must be at least 5 years old.)
Additions to existing structure
Separate structure
Allowed (No change)
Allowed ifthe lot is 1 acre or more in RE-2, RE-2C, and RE-I
(Currently 2 acre minimum size)
Require the address to be the primary residence of the owner
(Currently, the owner must occupy one ofthe units on the lot.)
An accessory apartment is prohibited if an RLU or other rental
is occurring (No change)
Occupancy ofprincipal house
Registered living units or additional
rentals
Allow a separate side or rear yard entrance, a separate front
entrance if it pre-existed the application, and a common front
entrance.
External attributes
!(Currently, improvements must be compatible with the
If-­ ____________
----l-Ie_xisting dwelling and surr0"llll_d_in.-::g"-p:.-r_o-=..p_ert_ie_s-'-.)_ _ _ _ _
----i
IStreet Address
,~
Must be the same as the main dwelling (No change)
Zoning classification controls; no minimum lot size
(Currently, the larger of
6,000
square feet or the minimum lot
size of the
2 adults; no limit on minors except housing code (Currently
not limited)
.Limit floor area to less than
50%
of main dwelling but no
larger than
2,500
square feet - Councilmember EIrich
recommended retaining the current size limits (Currently, a
maximum of 1,200 square feet for attached and
2,500
square
feet for detached units)
300
feet from another accessory apartment on the same block
face in the R-90, R-60 and RNC zones;
500
feet in the RE-2,
RE-2C, RE-I, R-200, RMH-200, and R-150 zones, but subject
to waiver by special exception; no prohibition on back-to-back
apartments (Currently, "excessive concentration" is prohibited
but not defined.)
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.
(Currently,2 spaces are required, but the Board of Appeals
may waive this requirement.)
iRequire a report by DHCA after the 2,000th license is issued
l(No current reporting requirement)
Development standards
Maximum number ofpeople
l-
!Unit size
i
------1-­
Excessive concentration
Parking
Reporting requirement
2
 PDF to HTML - Convert PDF files to HTML files
Questions addressed by ZTA
12-11
as amended
Why is it appropriate to allow accessory apartments without a special exception?
The attributes of a special exception, such as notice and an opportunity to challenge facts or the
adequacy of parking, can be accomplished without a special exception and Planning Staff review.
Bill 31-12 will require a separate class of license for accessory apartments. That license will require
notice and would allow an aggrieved party to challenge a finding of the DHCA Director or the adequacy
of on-street parking. Any such challenge would then be heard and decided by the Hearing Examiner.
ZTA 12-11 would change 2 subjective standards into objective standards.
As a special exception, the Board of Appeals must find that the proposed accessory apartment would not
cause an excessive concentration of similar uses. Under ZTA 12-11, a special exception is not required
if the applicant is located at least 300 feet from other accessory apartments on the same block face
(500 feet in large lot zones).
Currently as a special exception, improvements for an accessory apartment must be found to be
compatible with the existing dwelling and surrounding properties. Under ZTA 12-11, an owner may,
without a special exception, have a separate side or rear yard entrance, or a separate front entrance if
it
pre-existed the application. A common front entrance would also be allowed without a special
exception.
A special exception would still be required under ZTA 12-11 as amended when an applicant seeks a
deviation from the number of on-site parking spaces required or the minimum distance from any other
attached or detached accessory apartment. The Hearing Examiner would be authorized to hold a hearing
and decide the request, but any party who objects to the Hearing Examiner's decision may appeal to the
Board of Appeals.!
Should 2 parking spaces be required for every accessory apartment in addition to the
requirements for the principal structure?
Currently, 2 spaces are required, but the Board of Appeals may waive this requirement.
It
is typically
waived when there is adequate on-street parking. ZTA 12-11 would require 1 space in addition to the
on-site parking required for the principal dwelling.
2
A special exception would be required whenever
the applicant wants a waiver of the parking requirement. In order to approve a special exception, the
Hearing Examiner must find that adequate on-street parking permits fewer off-street spaces. The
definition of adequate is not defined. If the Council wanted the Hearing Examiner to have less
discretion in approving a special exception, then it could repeat the standard found in Bill 31-12:
§59-G-l.12.
2
ZTA 12-11 as recommended would require 2 parking spaces if a new driveway is required to provide one on-site parking
space. Many houses built before 1955 do not have driveways. Adding an off-street parking space would reduce the
availability of on-street parking. Driveways are generally 10 feet wide. Parking for the general public is prohibited 5 feet on
either side of the driveway, for a total width of 20 feet. The typical on-street parking space is 20 feet long. A new driveway
must at least accommodate 2 vehicles if
it
is to add to total parking availability.
I
3
 PDF to HTML - Convert PDF files to HTML files
The Hearing Examiner may find that on-street parking is inadequate if:
(A) the available on-street parking for residents within 300 feet of the proposed accessory
apartment would not permit a resident to park on-street near his or her residence on a
regular basis; and
(B) the proposed accessory apartment is likely to reduce the available on-street parking
within 300 feet of the proposed accessory apartment.
An accessory apartment license would require compliance with the zoning standard; however, under Bill
31-12, an allegation that on-street parking was inadequate would trigger a hearing by the Hearing
Examiner. The Hearing Examiner could find that more on-site parking is required for approval.
Under these circumstances, the Committee recommended a requirement of I additional on-site parking
space.
Would the area that is shared between 2 abutting properties be counted as a parking space?
There are instances where a common driveway (between 2 properties) is too narrow for cars to pass each
other. The area of the common driveway would count as a parking space if land records indicated that
the property proposed for an accessory apartment had exclusive use of the common driveway. It would
be generally expected that cross easements would not allow exclusive use and, therefore, a common
driveway would not be counted as space for parking. The Council could require that no shared
driveway space be counted as a parking space.
What limits should be placed on the size of accessory apartments?
Currently, accessory apartments are limited to 1,200 square feet for attached apartments and the lesser of
2,500 square feet or 50 percent of the floor area of the principal dwelling for detached apartments. The
Committee recommends using a single standard (the lesser of2,500 square feet or 50 percent of the floor
area of the principal dwelling). The Committee did not want to require the unnecessary partitioning of a
basement in a large house. Under the current code, any increase in size would allow more adults
(presumably with cars to park). In the opinion of the Committee majority, the absolute limit on the
number of adults (2) is a better direct limit on an apartment's impact than the square footage of a unit.
3
Councilmember EIrich recommended retaining the current limits on the size of an accessory apartment.
In his opinion, larger units have the potential to disrupt the residential character of the neighborhood by
allowing duplexes. In addition, he believes that allowing larger units would increase the potential for
the limit on 2 adults to be violated.
When does an additional accessory apartment create an overconcentration of apartments?
Under ZTA 12-11, accessory apartments that do not require a special exception must be at least 300 feet
from other accessory apartments on the same block face in small lot zones, and 500 feet apart in large lot
zones. The Committee agreed with this recommendation by the Planning Board as a means to prevent
an overconcentration of apartments. The ZTA and Bill propose "safety valves" to this standard. A
3
The Planning Board recommended limiting the total number of people in an accessory apartment to 3. The Committee
recommended the limit be 2 adults, without a limit on the number of minors. Other jurisdictions limit the number of people
when accessory apartments are allowed, including minors. In Fairfax County, the maximum number of people that may live
in an accessory apartment is 2. In Washington, DC, the main dwelling and the accessory apartment may have no more than 6
people total.
4
 PDF to HTML - Convert PDF files to HTML files
neighbor who believes that the apartment would cause on-street parking problems can challenge
DHCA's issuance ofa license (and get a hearing).
An
owner who wanted to vary from the spacing requirement would have to get a special exception
approved. As a special exception, the Board of Appeals must find that an additional accessory
apartment:
will not, when evaluated in conjunction with existing and approved special exceptions in any
neighboring one-family residential area, increase the number, intensity, or scope of special
exception uses sufficiently to affect the area adversely or alter the predominantly residential
nature of the area ....
4
In addition, ZTA 12-11 would require a finding that:
when considered in combination with other existing or approved accessory apartments, the
deviation in distance separation does not result in an excessive concentration of similar uses,
including other special exception uses, in the general neighborhood of the proposed use. s
ZTA 12-11 would not amend the finding required by the Board of Appeals. This standard can be
drafted with more objective standards, but that would give the Hearing Examiner and the Board of
Appeals less latitude to consider special circumstances.
Is the minimum lot
size
required appropriate for
accessory
apartments?
Currently, the Zoning Ordinance requires an accessory apartment to be on a minimum size lot that is the
greater of 6,000 square feet or the minimum lot required by the zone. ZT A 12-11 as recommended by
the Committee would remove the 6,000 square foot minimum size. Lots that were created before 1928
may comply with zoning if the lot is 5,000 square feet. The Committee and the Planning Board believe
that the protections afforded by the minimum distance between apartments and the maximum number of
adults will be sufficient protection against overcrowding.
Bill 31-12
PHED Recommendation:
On November 5, 2012, the Committee endorsed the provisions of Bill 31-12
in combination with its recommendation on ZTA 12-11. After the meeting, Committee members agreed
with an amendment to use the date of acceptance of a license application by DHCA to determine
subsequent deadlines. As introduced, Bill 31-12 uses the date of filing a license application to determine
subsequent deadlines.
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;
4
§59-G-l.21 (7).
5
ZTA 12-11
lines
138 -142.
5
 PDF to HTML - Convert PDF files to HTML files
2)
3)
4)
5)
6)
7)
8)
9)
10)
Establish deadlines for review;
Require an accessory apartment to be on the site of the property owner's principal residence;
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;
Allow an applicant to object to DHCA's findings if the application is denied;
Allow residents to object to DHCA's findings or to allege that on-street parking is inadequate;
Authorize the Hearing Examiner to hear objections;
Require DHCA to approve or deny the license based on the decision of the Hearing Examiner;
Allow a judicial review of the Hearing Examiner's decision;
Require DHCA to maintain a list and a map of licensed apartments; and
Provide a simple process to renew a license.
ZTA 12-11 is directly related to Bill 31-12. ZTA 12-11 as recommended by the PHED 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 give any opportunity to objection or appeal outside of going to court. Bill 31-12 is
intended to complement the Committee's recommendations on ZTA 12-11.
The Council held a public hearing on Bill 31-12 on December 4,2012. The Executive and the League
of Women Voters recommended approval of the Bill. Questions about the Bill were raised by other
speakers.
Questions raised by testimony
Is
a sign sufficient notice of an accessory apartment license application without mailing to
neighbors?
(Lines 77 - 92)
The Bill as introduced would require the posting of a sign on the site of an accessory apartment
application. One municipality has requested a requirement for mailed notice to the municipalities.
Bill 31-12 as introduced would not require mailed notice to anyone. Currently, building permits are
required to be posted on a site (without sign requirements). Special Exception applicants are required to
post a sign and mail notice. Bill 31-12, by requiring a sign with the same specifications as a sign for a
special exception application, would require more notice than a building permit but less notice than a
special exception. In the opinion of the Committee majority, sign notice would be sufficient notice.
(The DHCA Director indicated that DHCA staff will provide signs, just like the Board of Appeals staff
provides signs for special exceptions.) Councilmember EIrich recommended requiring mailed notice to
adjoining and confronting property owners, the local civic association, and the municipality ofthe site, if
any.
The heart of the requirement of notification in administrative proceedings is that the notice should
clearly identify the character of the action proposed and enough of the basis upon which it rests to
enable the reader to intelligently get involved in the proposed action.
6
Parties who have actual
knowledge ofthe subject matter of a hearing are barred from claiming a defect in the notice. There is no
law or court decision that requires notice by mail for licenses.
O'Donnell v. Basslers, Inc., 56 Md. App. 507 (1983).
6
6
 PDF to HTML - Convert PDF files to HTML files
Some testimony wanted to be assured of notice of a filed application before improvements to the
property are made. Bill 31-12 would not prohibit a homeowner from making improvements to their
property before an application for an accessory apartment is filed; however, the prudent homeowner
would apply for license before construction.
What is appropriate proof of primary residence?
(Lines
93
100)
Bill 31-12 would allow proof that the site of the accessory apartment is the primary residence by 3
alternative methods:
(l)
(2)
(3)
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.
Only a Maryland income tax return requires an owner's presence at the primary residence for more than
6 months in a year.
7
A driver's license allows proof of residence to be established by a variety of
methods.
8
A real estate tax bill requires a statement that the address indicated by the owner is the
owner's principal residence but does not require the owner's presence on the property.9 The Committee
If you were domiciled in Maryland on the last day of the taxable year, or if you maintained a place to live in Maryland and
were physically present in Maryland for more than six months of the tax year, then you are a legal resident who must file an
income tax return.
S
To establish residency, an applicant for a license must present at least two of the following source documents that include
the applicant's residence address. The documents may not be from the same business, company, or agency. The address on
the applicant's Maryland residency sources must match the residence address on the application. A post office box may be
used only in conjunction with a resident's address if it is in the same zip code area. The use of a private mail drop or other
commercial address is not permitted.
Maryland vehicle registration card or title;
Utility, telephone or cable/satellite TV bill;
Checking or savings account statement;
Life insurance card or policy (over 3 years old);
Property tax bill or receipt;
Mortgage account or proof of home ownership;
Residential rental contract (apartment lease or other rental of real property);
First class mail from a federal, state or local government agency (to include the contents and envelope); MVA mail is not
acceptable;
Copy of federal or MD income tax return filing not more than 18 months old, with proof of filing;
Installment contract from a bank or other financial institution;
Sales tax or business license;
Major credit card bill;
Residential service contract (refers to services performed at the address of residence; for example, cable or satellite
television, TV repairs, lawn service or exterminator contract);
Canceled check with imprinted name and address;
Voter registration card;
Selective Service Card.
9
The State Assessment Office maintains the records of legal owner information for property taxes. Changes to the mailing
address of a property tax bill must be requested in writing by the legal owner or representative. The letter must include the
following items:
your name as the property owner or hislher legal representative;
the account number and address of the property;
the address to which all future correspondence is to be sent;
the address of the owner's principal residence;
a daytime telephone number.
A homestead tax credit DOES require a minimum 6 months' presence on the property.
7
7
 PDF to HTML - Convert PDF files to HTML files
wanted easy methods of proof and wanted to allow absences by the owner from the residence without
monitoring the timing of those absences. The Council could limit the method of proof to a Maryland
income tax return if it wants to be more restrictive.
How would DHCA license an accessory apartment that was not yet built? Should there be a time
limit for needed improvements? (Lines 113 114)
An accessory apartment license would not be issued until any required improvements are completed.
The Director's report would describe the needed improvements. Any such improvements would be
inspected before the license was issued. The Director has indicated that regulations will address the
issue of time limits on needed improvements. His current thinking is that all work should be completed
within 180 days.
Should objections be allowed for license renewals?
Is
a new owner required to apply for a new
license? (Lines 124 137)
Bill 31-12 allows for a renewal of a license under the following circumstances and does not allow for an
appeal to the Hearing Examiner:
The Director may renew a license for an accessory apartment at the request of the applicant if the
applicant:
(1)
(2)
(3)
attests that the number of occupants will not exceed the requirements of Section 26-5 and
there will be no more than 2 residents in the apartment who are older than 18 years;
attests that one of the dwelling units on the lot or parcel will be the primary residence of
the owner; and
acknowledges that by obtaining a license the applicant gives the Director the right to
inspect the lot or parcel, including the accessory apartment.
The Committee recommends making accessory apartment license renewals a routine matter.
Complaints would trigger inspections and enforcement actions, but the mere renewal of a license would
not. If an inspection indicates that any accessory apartment does not comply with all applicable laws,
the Director may revoke the license or take other remedial action under Section 29-25.
How would Bill
31-12
apply to existing accessory apartments? (Lines 137 - 140)
All current accessory apartments were approved as special exceptions and have a Class 1 rental license.
The Director of DHCA may renew a Class 1 license for an accessory apartment that was approved as a
special exception (as a Class 1 license) if the conditions of the special exception remain in effect and the
applicant is in compliance with those conditions. If the homeowner can satisfy the conditions for a
Class 3 license, that homeowner would have an option to abandon the special exception and get a
Class 3 license.
8
 PDF to HTML - Convert PDF files to HTML files
How does the provision for temporary rental licenses affect accessory apartments? (Lines 144 ­
152)
Section 29-19(c) allows the DHCA Director to issue temporary rental licenses where a rental building
has not been completely constructed or renovated. The provision would not be applicable to accessory
apartments. Incomplete accessory apartments would not be issued a license. (See the next question.)
Should there be more standards of approval or disapproval by the Hearing Examiner under an
objection? (Lines 195 - 203)
Under Bill 31-12, an aggrieved party would force a hearing by the Hearing Examiner if inadequate on­
street parking is alleged. The Hearing Examiner may find that on-street parking is inadequate if the
available on-street parking for residents within 300 feet of the proposed accessory apartment would not
permit a resident to park on-street near his or her residence on a regular basis, and the proposed
accessory apartment is likely to reduce the available on-street parking within 300 feet of the proposed
accessory apartment.
10
The term "near" is not defined and therefore would be left to the discretion of
the Hearing Examiner. As proposed, the definition of "near" might be different under different
circumstances (e.g., handicapped neighbors). The Council could use a specific distance (300 feet)
instead of allowing discretion by the Hearing Examiner.
Should the Hearing Examiner or the Board of Appeals be the decision maker? (Lines 204 - 207)
Under Bill 31-12, the Hearing Examiner would make a final administrative decision after an
adjudicatory hearing. That decision would be appealable to the Circuit Court. Bill 31-12 would not
allow the Hearing Examiner's decision to be appealed to the Board of Appeals. The Committee
recommended limiting the number of appeals that could be made from an accessory apartment licensing
decision.
Currently, the Zoning Ordinance authorizes the Hearing Examiner to decide the following petitions for
special exceptions:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Boardinghouses for 3 guests or fewer in the R-30, R-20 and R-10 zones.
Home occupations in the R-30, R-20 or R-10 zones.
Noncommercial riding stable for not more than 2 horses, for personal or family use, in the RE-2
zone.
Temporary structures in residential zones.
Renewals of temporary special exceptions originally granted by the board, director, or hearing
examiner for boardinghouses and home occupations.
Farm tenant mobile homes, for more than one but less than 4; provided such farm tenant mobile
homes meet the definition established for such uses by this chapter and that such uses are not
within 200 feet of a non-farm residence.
Child day care facilities for up to 30 children.
The Hearing Examiner's decisions in these matters ARE appealable to the Board of Appeals by any
aggrieved party. The Committee believes that accessory apartments that qualify for a license do not
warrant multiple bites of the apple for objecting parties.
IO
Bill 31-12; lines 193-20 I.
9
 PDF to HTML - Convert PDF files to HTML files
Should annual inspections be required?
DHCA has experience with inspecting current accessory apartments and has not discovered problems
that would warrant annual inspections. DHCA intends to establish a regulation for the inspection of
accessory apartments once every 3 years. The requirement would parallel a section of Code that
Bill 31-12 would not amend:
Sec. 29-22. Inspection of rental housing.
(a)
The Director must inspect each apartment complex and personal living quarters building
licensed as rental housing at least once every three years to detennine if it complies with
all applicable laws. The Director may inspect an apartment complex or personal living
quarters building more often than the triennial inspection.
(b) The Director may inspect any other rental housing if the Director receives a complaint or
a request from a landlord or tenant or believes that the rental housing does not comply
with all applicable laws.
What would be the duration of an accessory apartment license?
The duration of a rental license is already established in code as one year.
Sec. 29-23. License tenns and renewaL
Each license must be issued for a tenn of one year, renewable for additional one-year tenns,
subject to payment of the license fee and compliance with all applicable laws. Renewal of
licenses must follow procedures established by the Director.
When a property with a licensed accessory apartment is sold, what are the obligations of the new
owner?
A new owner of an accessory apartment must notify DHCA of the change in ownership. The current
obligations of a new owner of an accessory apartment do not include a requirement to apply for the
transfer or pay a fee for the transfer:
Sec. 29-24. Transferability.
(a)
If an applicant for or the holder of a license transfers ownership or no longer is an agent
for the licensed rental housing or changes address, the applicant or licensee must notifY
the Department within 10 days of the change. The Director may reject an application or
suspend or revoke a license if the applicant or licensee does not notify the Department as
required by this subsection.
(b) Any person who takes over the operation of licensed rental housing may transfer the
license for the unexpired portion of the tenn for which it was issued by applying to the
Director within 15 days after taking over operation and paying a license transfer fee of at
least $5 per dwelling unit, but not exceeding $25. Nothing in this Section affects the
validity of any sale, transfer, or disposition of any interest in real estate.
This subsection
does not apply to accessory apartments. {emphases added}
(c)
Whenever the ownership of any rental housing changes hands, the transferor must notify
all tenants of the name, address and office location of the transferee. If the transferee is a
corporation, the transferor must list the name and address of the resident agent of the
transferee.
10
 PDF to HTML - Convert PDF files to HTML files
Would an accessory apartment license result in the homeowner losing a homestead tax credit?
The addition of an accessory apartment would not alter the ability of the homeowner to get or retain a
homestead tax credit.
A homeowner is entitled to a homeowner tax credit for a house that is used as the principal residence of
the homeowner and is actually occupied or expected to be actually occupied by the homeowner for more
than 6 months within a one year period.
II
There is nothing in the qualification for the tax credit that
prohibits the rental of part of the property as long as the property is the principal residence of the
homeowner.
What are the consequences for an accessory apartment license violation?
Rental licenses, including accessory apartment licenses, are within the jurisdiction of the Commission
on Landlord Tenant Affairs. The penalties for a failure to license or comply with Commission orders
are currently provided in code:
Sec. 29-18. Penalty for failure to license or to comply with Commission orders or summons.
(a)
Any person has committed a class A violation if the person:
(1 )
operates, attempts to operate, or permits the operation of rental housing that the
person owns without first having obtained a rental housing license, or
(2) does not comply with a Commission order or summons.
If a person stops operating rental housing, no penalty will apply during the sixty­
day period that tenants have to vacate the housing as specified in Section 29-25.
(b) In addition to any criminal or other penalty provided in this Chapter, the County Attorney
may initiate an appropriate civil action to correct any violation of this Article under
Section 29-8, and any court with jurisdiction may issue restraining orders, temporary or
permanent injunctions or other appropriate relief.
How would disputes be resolved between landlords and tenants?
The DRCA Office of Landlord and Tenant Affairs must attempt to resolve complaints. Unreconciled
complaints must go to the Commission on Landlord-Tenant Affairs.
What is the effective date of the Bill and the ZTA?
The effective date of a Bill is 91 days after the Executive signs the Bill, unless a specific effective date is
noted in an uncodified section of the Bill. The effective date of a ZTA is 20 days after Council
approval, unless noted otherwise in the ZT
A.
If
the Council approves the Bill and the ZT A, then the
effective day for both actions should be the same.
Staffrecommends an effective date ofMay
15,
2013.
11
Section 9-105 Tax-Property Article of the Maryland Annotated Code.
11
 PDF to HTML - Convert PDF files to HTML files
This packet contains:
Bill
31-12
Legislative Request Report
Fiscal and Economic impact statements
ZTA 12-11
October 8 Staff report
October 22 Staff report
Additional Testimony - Citizens Coalition on ZTA 12-11
Circle
#
1 -
10
11
12 -16
17 - 38
39-52
53 -63
64-81
F:\Land Use\zT AS\JZYONTZ\20 12 Ztas\ZT A 12-11 Accessory Apartments - Amendments\Action Memo January 15.Doc
12
 PDF to HTML - Convert PDF files to HTML files
Bill No.
31-12
Concerning: Accessorv Apartments ­
Licensing
Revised: January 9, 2013 Draft No. _2_
Introduced:
November 13, 2012
May 13, 2014
Expires:
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, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
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
(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.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
(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 ofthe Maryland Code).
(c)
The Office may hear, and submit a written report and recommendation
to the specified officer or body on, any:
(1) petition
to
the County Council to grant, modifY, or revoke a
special exception, as provided in Chapter 59;
(2) designation by the County Council of a geographic area as a
community redevelopment area;
[or]
document2
21
22
23
24
25
26
27
28
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 31-12
29
30
31
(3)
matter referred by the Board of Appeals under Section 2-112(bl;.
or
ill
objection to
£!
finding made
Qy
the Director of the Department of
Housing and Community Affairs concerning an application for
an accessory apartment rental housing license under Section 29­
26.
32
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
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
41
42
43
44
45
46
47
48
49
50
51
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)
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
J
is
£!
single-family accessory apartment
52
53
54
55
J
license is required for each single-family residence with an
document2
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 31-12
56
57
58
59
accessory apartment that does not have
before {EFFECTIVE DATE}.
~
special exception approved
*
29-19. Licensing procedures.
(a)
*
*
60
61
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
67
(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
68
69
70
71
72
73
74
75
76
No more than 2 individuals who live and cook together as a
single housekeeping unit.]
(A)
the owner places
~
77
SIgn on the lot of the proposed
~
78
79
accessory apartment within
days after [[applying for]]
~
the Director accepts an application license. unless
required as part of an application for
The
m.gn
must:
~
sign is
80
81
special exception.
document2
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 31-12
82
ill
Oi)
be constructed of any durable material approved
the Director;
!n:.
83
84
be at least 30 inches above the ground at its lowest
level;
85
86
87
(iii)
(iv)
be at least 24 inches high and 36 inches wide;
have only letters and numbers that are at least
inches high; and
1:
88
89
(y)
include information that an application for an
accessory apartment license was filed, the internet
address of
~
90
91
92
93
94
web site to find the status of the
application, and any other facts required
Director.
!n:.
the
an
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
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
98
99
100
101
102
103
104
105
106
(Q
the Director finds that:
ill
(ii)
the accessory apartment satisfies the standards for
an accessory apartment in Section 59-A-6.19; or
the accessory apartment was approved under Article
59-G as
~
special exception.
107
108
[[ill]]
ill
Upon receipt of an application for an accessory apartment
license, the Director must:
document2
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 31-12
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
(A)
send
~
£Ql2Y
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;
{Q
complete
~
report on any repairs or improvements needed
to approve the application;
ill}
issue
~
report on all required findings within 30 days after
the date the application was [[filed]] accepted by the
Director;
CID
(B
post
~
£Ql2Y
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
(ii)
[[ill]]
ill
~
timely objection is filed under Section 29-26; or
improvements to the property are required before
the license may be approved.
The Director may renew
~
license for an accessory
apartment at the request of the 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
2.
residents in the apartment who are
older than
.lli
years;
132
133
134
135
(ii)
attests that one of the dwelling units on the lot or
parcel will be the primary residence of the owner;
and
document2
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 31-12
136
137
138
139
(iii)
acknowledges that
by
obtaining
~
license the
applicant gives the Director the right to inspect the
lot or parcel including the accessory apartment.
[[ill]]
ill
The Director may renew
~
Class
1
license for an accessory
special exception, as
~
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
(
e)
apartment that was approved as
~
Class
1
license if the conditions of the special exception remain in effect
and the applicant is in compliance with those conditions,
[[®]]
ill
The Director must maintain
~
public list and map showing
each Class
J
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 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.
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
162
-0
document2
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 31-12
163
164
165
166
167
168
169
170
171
172
undeliverable, the Department may treat the mail as having been
received.
*
29-26. Appeals and Objections.
*
*
W
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.
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
ill
The applicant for
~
new license for an accessory apartment may
object to an adverse finding of fact by the Director by 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
by
(A)
ill)
objecting to any finding of fact by the Director; or
alleging that on-street parking is inadequate when
~
special
exception is not required.
ill
A request for
~
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.
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
document2
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
31-12
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
(.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.
W
The Hearing Examiner may only decide the issues raised
Qy
the
objection.
1M
The Hearing Examiner may find that on-street parking
inadequate if:
(A)
IS
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
.au
ill
(ID
the proposed accessory apartment is likely to reduce the
available on-street parking within 300 feet of the proposed
accessory apartment.
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 adiudicatory hearing.
The Director must issue or deny the license based on the final
decision of the Hearing Examiner.
(iii)
QQ}
Any aggrieved party 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.
-@
document2
 PDF to HTML - Convert PDF files to HTML files
BILL No. 31-12
210
211
Approved:
Roger Berliner, President, County Council
Date
212
213
Approved:
Isiah Leggett, County Executive
Date
214
215
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
-@-
document2
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bil131-12
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:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A violation
@
f:\law\bills\1231 accessory apartments - licensing\legislative request report.doc
 PDF to HTML - Convert PDF files to HTML files
OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
Jennifer A. Hughes
Director
MEMORANDUM
December 12, 2012
TO:
FROM:
Nancy Navarro, President County Council
Jennifer
A.
Hughes, Director,
Joseph F. Beach, Director,
Dep~~;
of Finance
O~Management
and Budget
~
SUBJECT:
Council Bill 31-12, Accessory Apartments - Licensing
Please find attached the fiscal and economic impact statements for the above-referenced
legislation.
JAH:a2a
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Michael Coveyou, Department of Finance
Richard Y. Nelson, Director, Department of Housing and Community Affairs
Luann Korona, Department ofHousing and Community Affairs
Jay Greene, Department of Housing and Community Affairs
Time Goetzinger, Department ofI·lousing and Community Affairs
Jennifer Bryant, Office ofManagement and Budget
Ayo Apollon, Office of Management and Budget
Office of the Director
101 Monroe Street, 14th Floor • Rockville. Maryland 20850 • 240-177-2800
www.montgomerycountymd.gov
montgomerycountymd.gov/311
.@
".~.
" ...;,.' ::.:,",:.
"
240-773-3556 TTY
 PDF to HTML - Convert PDF files to HTML files
Fiscal Impact Statement
Council Bill 31-12, Accessory Apartments Licensing
w
1. Legislative Summary.
Bill 31-12 establishes a process for accessory apartment licensing including: notices,
standards for issuance and renewal, objections and appeals.
2.
An
estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of infonnation, assumptions, and methodologies used.
Operating expenses for accessory apartment licensing are not projected to increase. Any
additional workload impact resulting from Bi1l31-12 is projected to be absorbed by the
current staff complement assuming no significant increase in accessory apartment
applications.
Infonnation provided by the Department of Housing and Community Development
(DHCA) Licensing and Registration section, states that there are currently 405licensed
accessory apartments for rent in Montgomery County. Approximately half of these units
are located in Takoma Park (205) in which Takoma Park collects the licensing fee.
In
the
past twelve months, there were twenty-two new applications, nearly all of which were for
non-Takoma Park properties. The current fee for an accessory apartment license is $38.
Current revenue assumptions are $7,600 per year (200 x $38).
Currently the average cost of obtaining a special exception and accessory apartment
license is $665. This cost is comprised of the following components:
• Filing Fee - $295
• Sign Fee - $220 ($100
+
$110 deposit, returned when the sign is returned)
• DPS Annual Administration Fee - $112 (This amount goes to Board of Appeals)
• DHCA Annual Rental License - $38
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
This Bill is not likely to result in the need for additional staffing; therefore, there is no
projection in increased expenditures. DHCA revenue is projected to be ($7,600 per year
+
(20 new apps x 6 years x $38
=
$4,560)), $12,160 of revenue is projected over the next
six fiscal years.
4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group instrrance costs.
 PDF to HTML - Convert PDF files to HTML files
4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
None
5. Later actions that may affect future revenue and expenditures
if
the bill authorizes future
spending.
Not Applicable
6.
An
estimate ofthe staff time needed to implement the bill.
The greatest impact would be in DHCA's responsibility to review the initia1 application
and make a recommendation to the Director, which is a new business practice. There
will be a minor secondary impact on staff time associated with the requirement to
maintain a public list and map showing each Class 3 license, which is also a new business
practice; however, it is not anticipated to result in a substantial time commitment. There
will be some incremental additional staff time required to implement a regular three to
five year code enforcement inspection program for accessory apartments.
7.
An
explanation of how the addition of new staff responsibilities would affect other duties.
Given the historic trend of approximately twenty new applications per year, there would
be minima1 affect on DHCA staffs other duties.
8.
An
estimate of costs when an additiona1 appropriation is needed.
Not Applicable
9. A description of any variable that could affect revenue and cost estimates.
Given the publicity and ease of obtaining an accessory apartment license created by Bill
31-12, DHCA anticipates an initial increase in applications after Bil131-12 is enacted.
The potentia1 increase in applications represents a variable that is difficult to project.
However, if the amount ofnew applications increase significantly and continues to
increase above the current projections (20 applications per year) by DHCA on an annual
basis; 1.0 FTE may be required to
fulfIll
the administrative requirements promulgated
under Bil131-12.
 PDF to HTML - Convert PDF files to HTML files
10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not Applicable
11. If a bill is likely to have no fiscal impact, why that is the case.
Not Applicable
12. Other fiscal impacts or comments.
None
13. The following contributed to and concurred with this analysis: (Enter name and
department).
Richard
Y.
Nelson, Director, DHCA
Luann Korona, Chief, Division of Community Development, DHCA
Jay Greene, Division of Housing) DHCA
Cynthia Gaffney, Manager, Licensing and Registration Section, DHCA
Tim Goetzinger, Budget and Finance Manager, DHCA
Jennifer Bryant, Sr. Management and Budget Specialist, OMB
Date
lz[r?(
12­
 PDF to HTML - Convert PDF files to HTML files
Economic Impact Statement
COWlcil Bi1131-12, Accessory Apartments - Licensing
Background:
Bill 31
~
12 establishes a Class 3 single-family accessory apartment license, which
is required for every single-family home with an accessory apartment but no
special exception. The bill also provides procedures to deal with objections by the
homeowner who is not allowed a license, and by other aggrieved parties who
believe the license should not be granted.
1. The sources of information, assumptions, and methodologies used.
This bill has no economic impact. (See
#4
below)
2. A description of any variable that could affect economic impact statements.
This bill has no economic impact. (See
#4
below)
3. The bill's positive or negative effect,
if
any on employment, spending, saving,
investment, incomes, and property value in the County.
This bill has no economic impact. (See
#4
below)
4. If a bill is likely to have no economic impact, why is that the case?
This bill has no economic impact because
it
applies to the use of property only at a
homeowner's principal residence, and has no commercial application.
5. The following contributed to and concurred with this analysis: David Platt and Mike
Coveyou, Finance.
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
Concerning: Accessory Apartments
Amendments
Draft No. & Date: 4 -
1116112
Introduced: July 24,2012
Public Hearing: September 11,2012
Adopted:
Effective:
Ordinance No.:
COUNTY COUNCIL FOR MONTGOMERY COUNTY, MARYLAND
SITTING AS THE DISTRICT COUNCIL FOR THAT PORTION OF
THE MARYLAND-WASHINGTON REGIONAL DISTRICT WITHIN
MONTGOMERY COUNTY, MARYLAND
By: District Council at the Request ofthe Planning Board
AN AMENDMENT to the Montgomery County Zoning Ordinance to:
revise the definitions for one-family dwelling and one-family detached dwelling­
unit;
establish definitions for an attached accessory apartment and a detached accessory
apartment to replace the definition for an accessory apartment;
revise the standards and requirements for a registered living unit;
establish standards for attached and detached accessory apartments as permitted
uses;
amend the land use table in one-family residential zones and agricultural zones to
add attached and detached accessory apartments as a permitted use under certain
circumstances;
establish special exception standards for attached and detached accessory
apartments; and
generally amend all provisions concerning accessory apartments
By amending the following sections of the Montgomery County Zoning Ordinance,
Chapter 59 of the Montgomery County Code:
DIVISION 59-A-2.
DIVISION 59-A-6.
"DEFINITIONS AND INTERPRETATION."
"USES PERMITTED IN MORE THAN ONE CLASS OF
ZONE."
Adding Section 59-A-6.l9. "Attached accessory apartments."
[[Adding Section 59-A-6.20. "Detached accessory apartments."]]
DIVISION 59-C-l.
"RESIDENTIAL ZONES, ONE-FAMILY."
Section
59-C-l.3.
"Standard development."
Section
59-C-l.5.
"Cluster development."
 PDF to HTML - Convert PDF files to HTML files
Section 59-C-l.6.
DIVISION 59-C-9.
Sec. 59-C-9.3.
Sec. 59-C-9.4.
DIVISION 59-G-I.
Sec. 59-Gl.12.
DIVISION 59-G-2.
Sec. 59-G-2.00.
Adding Sec. 59-G-2.00.6.
[[Adding Sec. 59-G-2.00.7.
"Development including moderately priced dwelling units."
"AGRICULTURAL ZONES."
"SPECIAL EXCEPTIONS-STANDARDS AND
REQUIREMENTS."
"Accessory apartment."
"Attached or detached accessory apartment."
"Detached accessory apartment."]]
EXPLANATION: Boldface
indicates a Heading or a defined term.
Underlining indicates text that is added to existing law by the original text
amendment.
[Single boldface brackets} indicate that text is deleted from existing law by
original text amendment.
Double underlining indicates text that is added to the text amendment by
amendment.
[[Double boldface brackets}} indicate text that is deleted from the text
amendment by amendment.
* * *
indicates existing law unafficted by the text amendment.
OPINION
Zoning Text Amendment No. 12-11, sponsored by the District Council at the request of the
Planning Board, was introduced on July 24,2012.
In its report to the Council, the Montgomery County Planning Board recommended that the text
amendment be approved.
The Council conducted a public hearing on September 11, 2012. There was extensive testimony,
some in support and some in opposition. Some testimony recommended specific changes. The text
amendment was referred to the Planning, Housing, and Economic Development Committee for
review and recommendation.
The Planning, Housing, and Economic Development Committee held worksessions to review the
amendment on October 8, October 22, and November 5, 2012. The Committee recommended
approval of ZTA 12-11 with amendments. The Committee agreed with the core concept of
ZTA 12-11 that makes accessory apartments a permitted use under certain circumstances;
however, under the Committee's recommendation, if an applicant wanted a waiver of the
minimum distance requirement or the on-site parking requirement, a special exception would be
required. Such a special exception would be decided by the Hearing Examiner, with an appeal
 PDF to HTML - Convert PDF files to HTML files
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-/amily detached
Idwelling (non-agricultural zone)
Additions to existing structure
Separate structure
Committee's recommendation
I
Allowed without regard to age of the house
Allowed
Allowed if the lot is 1 acre or more in RE-2, RE-2C,
and RE-l
Require the address to be the primary residence of the
owner as a licensing requirement under Bill 31-12
An accessory apartment is prohibited if an RLU or
lother rental is occurring
Allow a separate side or rear yard entrance, a separate
front entrance if it pre-existed the application, and a
common front entrance
Must be the same as the main dwelling
Zoning classification controls; no minimum lot size
I
Occupancy
ofprincipal house
Registered living units or additional rentals
External attributes
Street Address
Development standards
Maximum number ofpeople
Unit size
..
s; no limit on minors except housing code
Limit floor area to less than SO% of main dwelling but
no larger than 2,SOO square feet
300 feet from another accessory apartment on the
same block face in the R-90, R-60, and RNC zones;
SOO feet in the RE-2, RE-2C, RE-l, R-200, RMH-200,
and R-1S0 zones, but subject to waiver by special
exception; 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;
ifnew driveway is required, 2 spaces in addition to
main dwelling spaces.
Require a report by DHCA after the 2,000th license is
issued
Excessive concentration
Parking
Reporting requirement
 PDF to HTML - Convert PDF files to HTML files
The District Council reviewed Zoning Text Amendment No. 12-11 at a worksession held on
Januart 15,2013 and agreed with the recommendations of the Planning, Housing, and Economic
Development Committee.
For these reasons, and because to approve this amendment will assist in the coordinated,
comprehensive, adjusted and systematic development of the Maryland-Washington Regional
District located in Montgomery County, Zoning Text Amendment No. 12-11 will be approved as
amended.
ORDINANCE
The County Council for Montgomery County, Maryland, sitting as the District Council for
that portion ofthe Maryland-Washington Regional District in Montgomery County, Maryland,
approves the following ordinance:
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
Sec. 1. DIVISION 59-A-2 is amended as follows:
2
DIVISION 59-A-2. DEFINITIONS AND INTERPRETATION.
3
4
5
*
*
*
*
*
*
59-A-2.1. Definitions.
6
7
8
[Accessory apartment:
A second dwelling unit that is part of an existing one­
family detached dwelling, or is located in a separate existing accessory structure on
the same lot as the main dwelling, with provision within the accessory apartment
for cooking, eating, sanitation and sleeping. Such a dwelling unit is subordinate to
the main dwelling.]
9
10
11
12
13
Accessory apartment, attached:
A second dwelling unit that is part of
~
one­
family detached dwelling and provides for cooking, eating, sanitation, and
sleeping. An attached accessory apartment [[has
~
separate entrance and]] is
subordinate to the principal dwelling.
14
15
16
Accessory apartment, detached:
A second dwelling unit that is located in
~
separate accessory structure on the same lot as
~
one-family detached dwelling and
provides for cooking, eating, sanitation, and sleeping. A detached accessory
apartment is subordinate to the principal dwelling.
17
18
19
20
21
22
23
*
* *
Dwelling and dwelling units:
Dwelling:
A building or portion thereof arranged or designed to contain one or
more dwelling units.
*
*
*
Dwelling, one-family:
A dwelling containing not more than one dwelling
unit. An accessory apartment[, if approved by special exception,] or a
registered living unit may also be part of a one-family dwelling. A one­
24
25
26
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
27
28
family dwelling with either of these subordinate uses is not a two-family
dwelling[,] as defined in this section.
29
30
*
* *
Dwelling unit:
A building or portion [thereof] of a building providing complete
living facilities for not more than one family, including, at a minimum, facilities
for cooking, sanitation.1 and sleeping.
31
32
33
34
35
36
37
38
Dwelling unit, one-family detached:
A dwelling unit that is separated and
detached from any other dwelling unit on all sides, except where the
dwelling is modified to include an accessory apartment[, approved by
special exception,] or a registered living unit.
*
*
*
Sec. 2. DIVISION 59-A-6 is amended as follows:
39
DIVISION 59-A-6. USES PERMITTED IN MORE THAN ONE CLASS OF
ZONE.
40
41
42
43
44
45
46
* * *
59-A-6.10. Registered living unit--Standards and requirements.
A registered living unit, permitted in[,] agricultural, one-family residential.1 and
planned unit development zones[,] must:
* * *
(i)
be removed whenever it is no longer occupied as a registered living unit.1
unless the owner applies for and is granted either a special exception or a
license for an attached accessory apartment [in accordance with Section 59­
G-2.00] under Section 59-G-2.00.6 or Section 59-A-6.19, or whenever the
one-family detached dwelling unit in which it is located is no longer
occupied by the owner.
47
48
49
50
51
52
* * *
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
53
54
Sec. 59-A-6.19 Attached or detached accessory apartment.
W
Where an attached
accessory apartment is permitted in
f!
zone,
55
56
only one accessory apartment is permitted for each lot and it is only
permitted under the following standards:
57
58
W
the apartment was approved as
f!
special exception before
{EFFECTIVE DATE} and satisfies the conditions of the special
exception approval; or
59
60
61
62
63
64
65
66
67
68
69
m
the apartment is [[registered with]] licensed by the Department of
Housing and Community Affairs
[[in
the same manner as
f!
registered
living unit under Subsection 59-A-6.10(a)(3)]] under Section
29-19~
and
(A)
[[the owner of the lot occupies
~
dwelling unit on the lot at
least
§.
months of every calendar year;]]
[[aD]]
the apartment has the same street address as the principal
dwelling;
[[(Q]](ID
~
separate entrance is located:
ill
(ii)
on the side yard or rear yard;
at the front of the principal dwelling, if the entrance
existed before {EFFECTIVE DATE}; or
70
71
72
73
(iii)
at the front of the principal dwelling. if it is a single
entrance door for use of the principal dwelling and the
accessory apartment:
74
75
76
[[(Q)]](Q
one on-site parking space is provided in addition to any
required on-site parking for the principal dwelling; however, if
a new driveway must be constructed for the accessory
apartment, then two on-site parking
[[(ID]](Q}
spac~s
77
78
79
must be provided;
an attached accessory apartment:
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
80
81
82
ill
in the RE-2, RE-2C, RE-l, R-200, RMH-200, and R-150
zones[[~
the attached accessory apartment]] is located at
least 500 feet from any other attached or detached
accessory apartment, measured in
~
[[straight]] line from
side lot line to side lot line along the same block face;
[[(B]]Lill
83
84
85
in the R-90, R-60, and RNC
zones[[~
the attached
86
87
accessory apartment]] is located at least 300 feet from
any other attached or detached accessory apartment,
measured in
~
[[straight]] line from side lot line to side
lot line along the same block face;
88
89
90
91
tEl
a detached accessory apartment:
ill
in the RE-2. RE-2C. and RE-1 zones is located a
minimum distance of 500 feet from any other attached or
detached accessory apartment. measured in a line from
side lot line to side lot line along the same block face:
92
93
94
95
Oi)
built after {EFFECTIVE DATE} must have the same
minimum side yard setback requirement as the principal
dwelling and a minimum rear yard setback requirement
of 12 feet. unless more restrictive accessory building or
structure yard setback standards are required under
Section 59-C-1.326:
96
97
98
99
100
101
(iii)
must be located on a lot with an area of one acre or
larger:
102
103
104
[[(ill
the rear lot line of the lot with the accessory apartment does not
abut
~
lot with another accessory apartment;]]
8@
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
{hl
[H.ill
if the accessory apartment is limited to
~
floor area of 800
square feet, it must be no greater than 50% of the principal
dwelling or 800 square feet, whichever is less;]]
[[ill
if the accessory apartment is limited to
~
floor area of 1,200
square feet, it must be no larger than 50% of the principal
dwelling or 1,200 square feet, whichever is less; and]]
CEl
the maximum gross floor area for an accessory apartment.
including the cellar. must be less than 50 percent of the total
flooLar~a.
including the cellar. of the principal dwelling, or
2,500 square feet. whichever is less;
[[Q)]](QJ
the maximum number of occupants is limited [[to
~
persons]] by Section 26-5: however, the total number of
occupants residing in the accessory apartment who are 18 years
or older is limited to 2.
ill
[[The]] an accessory apartment must not be located on
~
lot where any
of the following otherwise allowed residential uses exist: guest room
for rent; boardinghouse; registered living unit; or any other rental
residential
use[[~
other than an accessory dwelling in an agricultural
zone]]; however, an accessory apartment may be located on a lot in an
agricultural zone that includes a tenant dwelling, a farm tenant mobile
hQI'Ile. or a guest house.
ill
An attached or detached accessory apartment special exception
petition may be filed with the [[Board of Appeals]] Hearing Examiner
to deviate from any permitted use standard regarding:
(A)
[[location of the separate entrance;
.an]]
number of on-site parking spaces; or
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
[[(Ql]](lll
minimum distance from any other attached or detached
accessory apartment.
ill
To approve
~
special exception filed under Subsection (b)(1), the
[[Board of Appeals]] Hearing Examiner must find, as applicable, that:
(A}
[[the separate entrance is located so that the appearance of
~
single-family dwelling is preserved;
an]]
adequate on-street parking permits fewer off-street spaces; or
when considered in combination with other existing or
[[(Ql]](lll
approved accessory apartments, the deviation in distance
separation does not result in an excessive concentration of
similar uses, including other special exception uses, in the
general neighborhood of the proposed use.
[[Sec. 59-A-6.20 Detached accessory apartment.
.ill)
Where
~
detached accessory apartment is permitted in
~
zone: it must be
located on
~
lot one acre or greater in size; only one accessory apartment is
permitted for each lot; and it is only permitted under the following
standards:
ill
the accessory apartment was approved as
~
special exception before
{EFFECTIVE DATE} and satisfies the conditions of the special
exception approval; or
ill
the accessory apartment is registered with the Department of Housing
and Community Affairs in the same manner as
~
registered living unit
under Subsection 59-A-6.10(a)(3); and
(A}
the owner of the lot occupies
~
dwelling unit on the lot at least
Q
months of every calendar year;
an
the apartment has the same street address as the principal
dwelling;
10{!j)
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
(g
(Q}
~
separate entrance is located on the side yard or rear yard;
one on-site parking space is provided in addition to any
required on-site parking for the principal dwelling;
tID
in the RE-2, RE-2C, and RE-l zones, the detached accessory
apartment is located
~
minimum distance of 500 feet from any
other attached or detached accessory apartment, measured in
~
straight line from side property line to side property along the
same block face;
m
the rear lot line of the lot with the accessory apartment does not
abut
~
lot with another accessory apartment;
(ill
if the accessory apartment is limited to
~
floor area of 800
square feet, it must be no greater than 50% of the principal
dwelling or 800 square feet, whichever is less;
(ill
if the accessory apartment is limited to
~
floor area of 1,200
square feet, it must be no greater than 50% of the principal
dwelling or 1,200 square feet, whichever is less;
ill
ill
the maximum number of occupants is limited to
J.
persons; and
any structure built after {EFFECTIVE DATE} to be occupied
as an accessory apartment must have the same minimum side
yard setback requirement as the principal dwelling and
~
minimum rear yard setback requirement of
.ll
feet, unless more
restrictive accessory building or structure yard setback
standards are required under Section 59-C-l.326.
ill
The accessory apartment must not be located on
~
lot where any of the
following otherwise allowed residential uses exist: guest room for
rent; boardinghouse; registered living unit; or any other rental
11(0
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
residential use, other than an accessory dwelling in an agricultural
zone.
(hl
ill
A detached accessory apartment special exception petition may be
filed with the Board of Appeals to deviate from any permitted use
standard regarding:
(A}
@)
location of the separate entrance;
number of on-site parking spaces; or
minimum distance from any other attached or detached
accessory apartment.
(Q
ill
To approve
~
special exception filed under Subsection (b)(l), the
Board of Appeals must find, as applicable, that:
(A}
the separate entrance is located so that the appearance of
~
single-family dwelling is preserved;
@)
adequate on-street parking permits fewer off-street spaces; or
when considered in combination with other existing or
approved accessory apartments, the deviation in distance
separation does not result in an excessive concentration of
similar uses, including other special exception uses, in the
general neighborhood of the proposed use.]]
(Q
*
*
*
Sec. 3. DIVISION 59-C-l is amended as follows:
DIVISION 59-C-l. RESIDENTIAL ZONES, ONE-FAMILY.
*
*
*
Sec. 59-C-1.3. Standard development.
The procedure for approval is specified in Chapter 50.
59-C-1.31. Land uses.
No use is allowed except as indicated in the following table:
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
211
212
213
214
215
-Permitted Uses.
Uses designated by the letter
"P"
are permitted on any lot in the
zones indicated, subject to all applicable regulations.
-Special Exception Uses.
Uses designated by the letters "SE" may be authorized
as special exceptions under Article 59-G.
RE-2
(a) Residential
[Accessory
apartment.4]
Accessory
al!artment,
attached
UUm
to 800 square
feet)J]~
[[Accessory
al!artment,
attached
(greater than
800 square feet,
11!l2
to 1,200
square feet).4]]
I
RE-
2C
RE-l
200
150
90
60
40
R-4
plex
RMH
200
[SE]
[SE]
[SE]
[SE]
[SE]
[SE]
[SE]
[SE]
p*j
p*j
p*j
p*j
p*j
p*j
p*j
SE***
SE***
SE***
SE***
SE***
SE"'**
SE***
[[P*j
SE***]
]
Up*;
SE***]
]
Up*;
SE***]
]
Up"';
SE***]
]
Up"'j
SE***]
]
l[SE**
-]]
l[SE**
-]]
1-­
[[poI
SE***I
Accessory
al!artment.
detached
HUm
to 800 square
feet)J]~
[[Accessory
al!artment,
detached
(greater than
800 square feet.
1!l2
to 1.200
square feet).41]
[[p**;
u
SE "
]] p*;
SE***
SE
[[p**;
SE****
]]
p*j
]]r'~
SE***
[[p** ;
SE****
]]
[[p** ;
SE****
]]
.
[[p**;
SE****
]]
216
217
*
4
*
*
Not permitted in a mobile home.
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
218
219
220
221
222
223
224
225
226
227
228
*
See Sec. 59-A-6.19. Attached accessory apartment.
[[**
See Sec. 59-A-6.20. Detached accessory apartment.]]
***
See Sec. 59-G-2.00.6. Attached Qr detached accessory apartment.
[[****
See Sec. 59-G-2.00.7. Detached accessory apartment.]]
*
*
*
Sec. 59-C-1.5. Cluster development.
*
*
*
59-C-1.53. Development standards.
All requirements of the standard method of development in the respective zones, as
specified in Section 59-C-l.3, apply, except as expressly modified in this section.
RE-2C
RE-l
59-C-1.531. Uses Permitted.
No uses shall be permitted
except as indicated by the
letter "P" in the following
schedule. Special exceptions
may be authorized as
indicated in [section] Section
59-C-!.3!.
R-200
R-150
R-90
R-60
RMH
200
*
* *
[Accessory apartment.
2]
. Accessory apartment, attached
:
2
•[[lliP
to 800 sguare feet)]L
apartment.
attached (greater than 800
sguare feet,
1!I!
to 1,200 square
I
feet)?]]
I
[[Accessory
I
[SE]
p*;
SE**
[SE]
p*;
SE**
[SE]
pO;
.SE
u
[SE]
[SE]
pOI
SE*o
[SE]
[SE]
p*;
oO
SE
[[po;
oo
SE ]]
[[poI
SE**]]
[[SE**]
]
[lSE**]
]
[[SE·*]
]
[[SE
]
u
]
[[SE*o]
]
14
(f)
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
RMH
RE-2C
Accessory apartment,
detached
[[lim
to 800 square
feet)]],?
I
Up"·;
RE·l
Up·..;
SE****]
R·200
R-150
R-90
R-60
200
• SE**u]
• SE**
· ] pOI
1
P'/
SE**
!
!
[[Accessory apartment,
[[pm;
detached (greater than 800
SE****]
square
!ill.
to 1,200 square
]
feet).
2]]
229
230
231
232
233
234
235
236
237
238
239
240
[[P***;
SE**u]
I
]
!
I
!
Not pennitted in a townhouse, one-family attached dwelling unit,. or mobile
home.
.!.
See Sec. 59-A-6.19. Attached or detached accessory apartment.
2
*
* *
-
See Sec. 59-G-2.00.6. Attached or detached accessory apartment.
[[-
See Sec. 59-A-6.20. Detached accessory apartment.
****
-See Sec. 59-G-2.00.7. Detached accessory apartmenL]]
***
**
* * *
Sec. 59-C-1.6. Development including moderately priced dwelling units.
*
*
*
59-C-l.62. Development standards.
15
(iJ
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
RE-
2C
8
59-C-l.621. Uses
Permitted.
No uses are
permitted except as
indicated by the letter "P"
in the following schedule.
Special exceptions may be
authorized as indicated in
[section] Section 59-C­
1.31, [title "Land Uses,"]
subject to [the provisions
of article] Article 59-G.
i
RE_1
8
!
R-200
R-150
R-90
R-60
R-40
* * *
Registered living unit,3,5
I
[Accessory apartment. ]
P
[SE]
p*/
SE**
P
[SE]
Ip
[SE]
p*/
SE**
p
[SE]
p*/
SEn
p
[SE]
P
[SE]
p*/
SE**
3
Accessory apartment,
attached
[[Um.
to 800
sQuare feet)]]2
[[Accessory apartment,
attached (greater than 800
square feet, !ill to 1,200
sQuare feet),3]]
Accessory apartment,
detacheQ
[[Um.
to 800
sQuare feet)]L?
[[Accessory apartment,
detached (greater than 800
s~uare
feet. !ill to 1,200
square feet),3]]
241
242
243
244
245
Up*/
SE**]]
USE**
]]
[[SE**
]]
,
USE**
]]
[[SE**
]]
[[SE**
]]
[[pm/
SE****
]] p*/
SE**
Up***/
SE****
]]
I~W?
sa
]] .*
I]]
[[p***/
SE****
*
*
*
permitted in a townhouse, one-family attached dwelling unit.,. or mobile
home.
~See
Sec. 59-A-6.19. Attached accessory apartment.
**
-
See
3
Not
Sec. 59-G-2.00.6. Attached or detached accessory apartment.
16
Gi)
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
246
247
248
249
250
251
252
253
254
255
256
257
258
***
[[-
See Sec. 59-A-6.20. Detached accessory apartment.]]
****
[[-See Sec. 59-G-2.00.7. Detached accessory apartment.]]
*
*
*
Sec. 4.
DIVISION 59-C-9 is amended as follows:
DIVISION 59-C-9. AGRICULTURAL ZONES.
* * *
Sec. 59-C-9.3. Land uses.
No use is allowed except as indicated in the following table:
-
Permitted uses.
Uses designated by the letter "P" are permitted on any lot in
the zones indicated, subject to all applicable regulations.
Special exception uses.
Uses designated by the letters "SE" may be authorized
as special exceptions under Article 59-G.
-
17@
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
Rural
RC
ILDRC
RDT
RS
RNC
RNCI
TDR
*
*
2
[SE]
7
I
I
!
i
immm
(e) Residential:
. [Accessory
, apartment. 6>7]
Accessory dwelling.
• Accessory dwelling
for agricultural
workers.
42
~
I
[SE]
SE
[SE]
SE
[SE48 ]
SE
p
48
SE
[SE]
SE
[SE]
SE
SE
......
I
p*/
SE**
p48,*/
SE48 ,*"
p*/
SE**
Accessory apartment.
I
p")
attached
[[Um6t~
800 •
SE**
square feet)]]_,
,
[[Accessory
apartment, attached
(greater than 800
square feet,
!ill.
to
1,200 square feet. 6,7]]
Accessory apartment,
detached [[Um to 800
square feet)]],6,7
[[Accessory
apartment, detached
(greater than 800
square feet,
!ill.
to
• 1,200 square feet. 6,7]]
p*/
SE**
[[poI
SE**]]
[[poI
SE**]]
[[poI
SE**]]
Up48,*/
SE48
,*"]
]
48
HSE
-]]
SE48 ,**
[[SE**]
]
USE***
]] SEn
USE***
]] SEn
[[SE***
]] SEn
'* •
[[SE***
]]
I
[[SE**"
]]
[[SE***
]]
HSE
-]]
48
,* .
.
i
259
260
* *
6
7
*
I
:
Not permitted in a mobile home.
[As a special exception regulated by divisions 59-G-I and 59-G-2, such a] An
261
262
accessory dwelling unit, including an attached or detached accessory apartment, is
excluded from the density calculations [set forth] in [sections] Sections 59-C-9.41 [,
title "Density in RDT Zone,"] and 59-C-9.6[, title "Transfer of Density-Option in
RDT Zone.
"l.:.
Once the property is subdivided, such a dwelling would no longer
263
264
265
18
(jj)
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
266
267
268
269
comply with [the special exception regulations or with] this exclusion. A special
exception is not required for a dwelling that was a farm tenant dwelling in
existence [prior to] before June 1, 1958[, provided, that] if the dwelling meets all
applicable health and safety regulations.
270
271
272
273
*
* *
48
If property is encumbered by a recorded transfer of developments rights
easement, this use is prohibited. However, any building existing on October 2,
2007 may be repaired or reconstructed if the floor area of the building is not
increased and the use is not changed.
274
275
276
277
278
279
*
*
*
*
See Sec. 59-A-6.19. Attached accessory apartment.
**
See Sec. 59-0-2.00.6. Attached ordetached accessory apartment.
***
[[-See Sec. 59-0-2.00.7. Detached accessory apartment.]]
*
*
*
*
*
*
280
281
282
Sec. 59-C-9.4. Development standards.
59-C-9.41. Density in RDT zone.
Only one one-family dwelling unit per 25 acres is permitted. (See [section] Section
59-C-9.6 for permitted transferable density.) The following dwelling units on land
in the RDT zone are excluded from this calculation, provided that the use remains
accessory to a farm. Once the property is subdivided, the dwelling is not excluded:
(a)
A farm tenant dwelling, farm tenant mobile home". or guest house". as defined
in [section] Section 59-A-2.l[, title "Definitions."]!.
(b)
An accessory apartment or accessory dwelling regulated by the special
exception provisions of Division 59-0-1 and 59-0-2 and [[Sections]]
Section 59-A-6.19 [[and 59-A-6.20]].
283
284
285
286
287
288
289
290
291
292
*
*
*
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
Sec. 5. DIVISION 59-G-l is amended as follows:
DIVISION 59-G-l. SPECIAL EXCEPTIONS
PROCEDURE.
AUTHORITY AND
* * *
59-G-1.l2. Hearing examiner.
(a)
In addition to the authorization given to the Board of Appeals to hear and
decide petitions for special exceptions under Section 59-A-4.11, the Hearing
Examiner may hear and decide petitions for special exceptions for the
following uses:
(1)
Boardinghouses for 3 guests or fewer[[,]] in the R-30,
R-20~
and R-I 0
zones.
(2)
(3)
Home occupations in the R-30,
R-20~
or R-l 0 zones.
Noncommercial riding stable for not more than 2 horses, for personal
or family use, in the RE-2 zone.
(4)
(5)
Temporary structures[[,]] in residential zones.
Renewals of temporary special exceptions originally granted by the
board,
director~
or hearing examiner for boardinghouses[[,]] and home
occupations.
(6)
Farm Tenant mobile homes, for more than one but less than 4;
provided such farm tenant mobile homes meet the definition
established for such uses by this chapter and that such uses are not
within 200 feet of a non-farm residence.
(7)
Child day care facilities for up to 30 children.
Accessory apartments.
00
* * *
Sec. 6. DIVISION 59-G-2 is amended as follows:
20@
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
DIVISION 59-G-2. SPECIAL EXCEPTIONS-STANDARDS AND
REQUIREMENTS.
The uses listed in this Division, as shown on the index table below, may be
allowed as special exceptions in any zone where they are so indicated, as provided
in this Article, subject to the standards and requirements in this Division and the
general conditions specified in Section 59-G-l.21.
USE
SECTION
* * *
Accessory apartment
Accessory apartment, attached or detached
[[Accessory apartment, detached
G-2.00
G-2.00.6
G-2.00.7]]
* * *
Sec. 59-G-2.00. Accessory apartment. (The standards below reflect the
conditions required only for
ill!
accessory apartment approved before
{EFFECTIVE DATE}.)
A special exception may be granted for an accessory apartment on the same lot as
an existing one-family detached dwelling, subject to the following standards and
requirements:
*
* *
Sec. 59-G-2.00.6. Attached or detached accessory apartment.
A special exception may be granted for an attached or detached accessory
apartment on the same lot as an existing one-family detached dwelling, subject to
the special exception provisions of Division 59-G-l and the standards and
requirements of Section 59-A-6.19.
21@
 PDF to HTML - Convert PDF files to HTML files
Zoning Text Amendment No.: 12-11
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
[[Sec. 59-G-2.00.7. Detached accessory apartment.
Where
~
detached accessory apartment is permitted in
~
zone, only one detached
accessory unit is permitted for each lot and it is only permitted under the special
exception provisions of Division 59-G-l and the standards and requirements of
Section 59-A-6.20.]]
Sec. 7. Effective date.
This ordinance becomes effective 20 days after the
date of Council adoption.
Sec. 8. Reporting.
The Director of the Department of Housing and
Community Affairs must issue a report concerning any administrative problems or
resident complaints after the 2,000th accessory apartment license is issued by the
Department of Housing and Community Affairs. The Director must recommend
any changes in legislation that the Department deems warranted.
This is a correct copy of Council action.
Linda M. Lauer, Clerk of the Council
22@
 PDF to HTML - Convert PDF files to HTML files
PHED Committee #2
October
8,
2012
MEMORANDUM
October 4,2012
TO:
FROM:
Planning, " i ng, and Economic Development Committee
Jeff Zyontz, Legislative Attorney
.llAr1Al.
J
I
Linda McMillan, Senior Legislative Analyst
lJJHVV'
Zoning Text Amendment 12-11, Accessory Apartments - Amendments
SUBJECT:
Zoning Text Amendment (ZTA) 12-11, sponsored by the District Council at the request of the Planning
Board, was introduced on July 24, 2012. The ZTA would allow accessory apartments under certain
conditions without a special exception.
l
The Council conducted a public hearing on September 11, 2012. There was extensive testimony, some in
support and some in opposition. Some testimony recommended specific changes. There were requests for
specific information.
This packet concerns background information on current law, facts on current accessory apartments,
information on current enforcement by DHCA, and the purpose of ZTA 12-11. The Director ofDHCA will
attend the October 8 PHED meeting.
This memorandum has 6 major sections:
I
II
II II
IV
V
VI
VII
Current Law
Accessory Apartment Facts
Public Notice and Participation
Special Exception Procedure
Parking
DHCA Enforcement
The Purpose of ZTA 12-11
Testimony indicated that, under ZTA 12-11, accessory apartments would be allowed "as of right". To the extent that a
special exception would not be required, that is correct; however, a landowner must satisfy numerous conditions in order to
have an accessory apartment.
I
 PDF to HTML - Convert PDF files to HTML files
I
Current Law
Zoning requirements vary by zone within every jurisdiction. In anyone County, accessory apartments may
be permitted with conditions without a special exception, permitted with a special exception, or prohibited.
The following table characterizes jurisdictions by their least restrictive zone with regard to accessory
apartments. Thereafter, a more detailed description follows.
I
Allowed without a
special exception
Allowed with a special
exception
Prohibited
• Arlington County
Baltimore County
!
.X
X
only for family
member
I
. Fairfax County
I
Howard County
I
Washington DC
• Prince George's County
I
Calvert County
• City of Rockville
I
City of Gaithersburg
X
for large lots
X
for small lots
X
X
X
for small lots
X
for large lots
X
I
X
?n. a large lot in a pre­
!
I
X
eXIstmg structure
A)
Other Counties (this section uses some material provided
by
Planning Sta.ff)
1)
Arlington County
The county just completed the process of making "accessory dwellings" a by-right use over strong
community opposition (a petition was signed by over 400 people and over 50 public meetings were held).
The county will allow only 28 accessory dwellings per year. Main highlights of the code are:
»
»
»
»
»
»
»
only interior accessory dwellings and only in single-family detached houses;
owner must reside in building;
there will be annual inspections by Code Enforcement staff & in response to complaints;
maximum occupancy of two people;
a parking survey is initiated by the application.
If
the block is more than 65% parked, there must be
at least one off-street parking space (of standard size);
the public is notified through updating the county's real estate database;
home occupations are permitted in the accessory dwelling, but no employees on the premises except
in the case of assisting a person with disabilities who resides in the accessory dwelling.
2)
Baltimore County
An accessory apartment is permitted as a temporary use within a principal single-family detached dwelling
or within an accessory building situated on the same owner-occupied lot as the principal dwelling in any
zone that permits single-family dwellings. The approval of an application requires the accessory apartment
to only be utilized by immediate family and may not be used by any person other than an immediate family
member for any other reason. Iflocated within an existing single-family detached dwelling;
»
the size of the accessory apartment may not exceed
113
of the overall floor area of the dwelling or
2,000 square feet, whichever is less;
20J)
 PDF to HTML - Convert PDF files to HTML files
;..
;..
any and all improvements to be dedicated as an accessory apartment must be used solely as a single­
family residence; and
the accessory apartment may not have separate utility meters.
If located within an accessory building on the same owner-occupied property as the principal single-family
detached dwelling:
;..
;..
;..
an applicant shall file a request for a special hearing and a use permit with the Planning Department,
and a public hearing before the Office of Administrative Hearings is required;
the size of the accessory apartment may not exceed 1,200 square feet;
following a public hearing, the Office of Administrative Hearings may grant a request upon a finding
that the size, location, and purpose of the accessory apartment conform with the special exception
standards; and
the accessory apartment may not have separate utility meters or water and sewerage services unless
approved by the Office of Administrative hearings, based on specific findings of necessity for the
accessory building.
3)
Fairfax County
The Board of Zoning Appeals (BZA) may approve a special permit for the establishment of an accessory
dwelling unit (for a single-family detached unit). The BZA determines that the proposed accessory
apartment, together with any other accessory apartments within the neighborhood, won't constitute sufficient
change to modify/disrupt the predominant character of the neighborhood. Permits are only good for five
years.
;..
;..
;..
Parking: BZA reviews the parking situation to determine if parking is sufficient. If not, the Board
will require some off-street parking for the accessory dwelling unit.
The unit cannot have more than two bedrooms or two persons.
The unit is limited to 35 percent of gross floor area of the principal dwelling unit.
4)
Howard County
Accessory apartments are a conditional use in single-family detached zones on lots less than 12,000 square
feet.
;..
;..
Except for an exterior entrance and necessary parking area, there shall be no external evidence of the
accessory apartment.
The accessory apartment shall have no more than two bedrooms.
Accessory apartments are a permitted use
in
single-family detached zones on lots of 12,000 square feet or
larger.
In dwellings with a net floor area of 2,000 square feet or less, the accessory apartment is limited to 40
percent of the net floor area of the building. For larger dwellings, the apartment is limited to one-third ofthe
net floor area, up to a maximum of 1,500 square feet.
The minimum off-street parking requirement for an accessory apartment is one
(l)
space per apartment.
3@
 PDF to HTML - Convert PDF files to HTML files
5)
Washington, DC
Accessory apartments may be added within an existing one-family detached dwelling in some zones.
It
is
allowed as of right in a semidetached zone. In single-family detached zones, there is a requirement to appear
before the Board of Zoning Adjustment to seek permission through the special exception process. The
current zoning regulations allow for a homeowner to provide a small apartment in an accessory building
(garage or carriage house), but only if it is sleeping or living quarters of domestic employees and only if it is
located in an R-l zone.
»
»
»
»
»
»
»
»
No more than 25% of the gross floor area of the house may be used.
The house must have at least 2,000 square feet of GFA, exclusive of the garage.
Floor area to the house must not be added and use of the garage for the accessory apartment is
prohibited.
A home occupation is prohibited if an accessory apartment is allowed.
If an additional entrance to the house is created, it must not be located on a wall of the house that
faces a street.
Either the principal dwelling or the accessory apartment unit must be owner-occupied.
The maximum number of persons that may occupy the house, including the principal dwelling and
the accessory apartment combined, is 6.
The lots must have a minimum lot area for the following zones:
7,500 SF for R-I-A;
5,000 SF for R-I-B; and
4,000 SF for R-2 and R-3.
6)
Prince George's County
Only one dwelling unit is allowed in
Prince George's County does not allow accessory apartments.
residential zones.
7)
Calvert County
Accessory Apartments, sometimes referred to as "In-Law Apartments" or "Granny Flats", are permitted in
most zones, subject to the following conditions:
»
»
»
»
»
»
»
Only one accessory apartment shall be created on each single-family lot.
The accessory apartment must be clearly subordinate to the single-family dwelling.
If the apartment is not a part of the dwelling, it must be within 100 feet of the dwelling. In no case
shall it contain more than 900 square feet gross floor area of enclosed space, including enclosed
porches.
If the apartment is contained within the dwelling (i.e., as an addition or wing), then
it
must be less
than 40 percent of the total square footage of the building.
If the apartment is located in the basement of the dwelling, then it can consist of the entire basement.
An owner of the lot shall occupy at least one ofthe dwelling units on the premises.
At least two off-street parking spaces must be available for each unit.
4
 PDF to HTML - Convert PDF files to HTML files
B)
Montgomery County
1)
Current Montgomery County law
-
Residential uses
Accessory apartments
Number ofpeople per dwelling unit
I
I
Rental
Guest house
· Registered living unit
Allowed by special exception
No maximum for families other than housing code limits-
Unrelated individuals limited to 5 (but may rent 1 or 2 rooms to 2
additional individuals)
Group home, licensed maximum 8 (more by special exception)
May rent the entire house to one household
•May rent 1 or 2 bedrooms in a house to individuals; or
I
Ma rent the accesso
a artment to a household
Allowed as a permitted use for transient guests but may not be rented
(a DPS interpretation would allow the principal house to be rented
and a guest house may be built for the transient owner; this is the
. sub'ect of ZTA 12-15)
Allowed by registration - up to 3 related individuals except that one .
I
may be an unrelated caregiver; or, up to two people when one is an •
I
employee of the household owner.
!
2)
ZTA 04-10
-
proposed by Executive and allowed to lapse
The proposed ZTA in 2004 would have allowed small accessory apartments (800 square feet or less) as of
right but required the Department of Housing and Community Development to issue a license. A license
could not be issued if the new license would cause the number of accessory apartments in a neighborhood to
exceed 15 percent.
3)
March 2008 Affordable Housing Task Force
Recommendation: Permit accessory apartments without requiring a special exception permit.
Accessory apartments provide for a secondary, more affordable housing unit in a single-family home.
Applications for accessory apartments, however, must be approved as a special exception to the zoning
ordinance, an expensive and time consuming process. The County should adopt legislation and zoning text
amendments that:
• Create standards which are not overly restrictive, for approving accessory apartments that relate to
proximity to transit, occupancy, parking, accessory unit access, and other appropriate factors.
• Make accessory apartment a by-right use in appropriate single-family zones.
The average single-family detached house in the County is 2,600 square feet. Under the housing code (§26-5), the average
single-family house could legally be the home for approximately 15 people who are related by blood or marriage. (The 15
person estimate assuming 1,550 square feet of the house is "habitable space"; habitable space excludes any bathroom,
laundry, pantry, foyer or communicating corridor, closet, recreation room, private workshop or hobby room, storage space,
fallout or emergency shelter and any area with less than 5 feet of headroom. The bedrooms must contain at least 120 square
feet for the first 2 people and 50 square feet for each person above 2. In addition, every dwelling unit must contain at least
150 square feet of floor area for the first occupant and at least 100 additional square feet of floor area for every additional
occupant.)
2
 PDF to HTML - Convert PDF files to HTML files
Desired Results
• An increase in the number of approved accessory apartments and the increase of affordable housing
opportunities in the County.
• A less costly and time consuming approval process.
Implementation
Adopt Zoning Text Amendments allowing accessory apartments by right in locations in proximity to transit
and in conformance with certain adopted standards. Encourage more aggressive enforcement of housing
codes related to accessory apartments.
4)
Limits ofZoning Authority
a) Municipalities
County zoning law does not apply to Brookeville, Gaithersburg, Garrett Park, Laytonsville, Poolesville,
Rockville, or Washington Grove. County zoning does apply to Chevy Chase Village, Chevy Chase View,
the Town of Chevy Chase, Chevy Chase Section 5, Kensington, Martin's Addition, Somerset, and Takoma
Park. All municipalities covered by the County Zoning Ordinance may regulate parking in one-family
residential zones more strictly than the County.3
Although Kensington and Takoma Park use the County's zoning, a resolution by either of those jurisdictions
can require a supermajority of the Council to approve a zoning action contrary to their recommendation.
4
The Council has not received a resolution from either municipality.5
b) Covenants
Zoning is not the only land use control. Many areas of the County have private covenants that may restrict
the use of land more strictly than zoning. These include covenants for homeowners associations. If
covenants prohibit accessory apartments, the apartments are prohibited without regard to what zoning allows.
Many areas of the County are governed by homeowners associations. The largest single association in the
County is Montgomery Village. There is no provision prohibiting accessory apartments in Montgomery
Village.
Article 28 §8-IIS.I(b)(2). Municipalities covered by County zoning may regulate fences, walls, signs, parking, storage, and
the location of structures.
4
Article 28 §8-112.2. City of Takoma Park and Town of Kensington
(a) Concurrent jurisdiction to enforce zoning ordinances. -- The City of Takoma Park and the Town of Kensington shall each
have concurrent jurisdiction to enforce the Montgomery County zoning ordinances within their respective corporate limits.
(b) Two-thirds vote to overturn zoning resolution. -- A two-thirds majority vote of both the planning board and the district
council of Montgomery County are required to take any action relating to zoning within the City of Takoma Park or the
Town of Kensington that is contrary to a resolution of the Mayor and City or Town Council.
5
The City of Takoma Park submitted a survey of accessory apartment owners, who expressed satisfaction with the program
principally due to the additional income provided by rented apartments.
3
6(9
 PDF to HTML - Convert PDF files to HTML files
5)
Current accessory apartment requirements
I
Limit per one-family dwelling lot
I
Part o/the
pre-existin~
principal dwelling
Additions to existing structure
Separate structure
. Occupancy oiprincipal house
I
Registered
livin~
units
i
External attributes
Development standards
Excessive concentration
Parking
a dwelling that must be at least 5 years old
allowed if the lot is less than 1 acre
I
I
allowed if the lot is more than 1 acre
allowed if the lot is 2 acres or more
resident owner and family required - no room rentals
prohibited when an accessory apartment is approved
must have a separate entrance but must maintain a single-
family appearance
zoning classification control
prohibited but determined on a case-by-case basis
2 off-street spaces are required, but the requirement may be
waived or increased depending upon the availability of on-
street parking
!
II
Accessory Apartment Facts
Most recent history
There are 413 licensed accessory apartments for rent in Montgomery County. In the past 12 months, there
were 22 applications. The typical length of time to get an accessory apartment in the past 5 years was 7
months. The longest time has been about 1 year.
Average cost of getting an accessory apartment:
Filing fee
Sign fee
DPS Annual Administration Fee
DHCD Annual renters' license
$295
$220 ($110 returned when the sign is returned)
$112
$
38
Total first year out ofpocket
$645
Attorneys rarely appear for special exception accessory apartment applications. Of the 22 applications last
year, only one applicant used an attorney. That applicant also needed a variance.
Past five years
Eight-five applications were filed between January 1,2007 and September 20,2012. Fifty-one applications
were granted; four were denied; eleven were dismissed or withdrawn; two continued mid-process; seventeen
were filed recently enough that there has not yet been a decision-the last decision was August 3,2012.
#
offiled accessory apartments
• #
decided by BOA
!
#
approved by BOA
#
denied by BOA
I
#
withdrawn or continued
I
#
still pend/nl? BOA decision
!
!
Cases filed since January 1, 2007
85
55
51
4 (7% of decided cases)
13
17
I
 PDF to HTML - Convert PDF files to HTML files
Accessory Units
June
5,2012
Twenty-six percent (100 of 379)
of mapped accessory units
are within 300 feet of
another
accessory
unit
Legend
Q
Accessory Unit Alone
Accessory Unit Near Another Accessory unit
 PDF to HTML - Convert PDF files to HTML files
III
Public Notice and Participation
Special exception applications require 2 types of notice to the public. A sign on the property is required to
be erected within 3 days of filing the application.
6
Notice of the filing must be sent to adjoining neighbors,
confronting neighbors, any municipality or special taxing district, and local citizens associations that include
the subject property.7 Each notice must contain the type of special exception being sought, the name of the
applicant, contact information for the applicant and the Board of Appeals and business hours of the Board,
and, if known, the date, time and place fixed for the hearing. Each notice must inform the recipient that the
Board will mail the recipient upon request a copy of the Board's rules of procedure. Each notice must also:
(I)
(2)
(3)
state that a copy of the applicant's complete submission is available for inspection at the
Board's office and may be borrowed for copying;
inform the recipient of the requirements for pre hearing statements for groups or organizations
desiring to appear in opposition;
inform the recipient how to get a complete copy of the Zoning Ordinance. s
Of the 55 accessory apartment cases decided (actually granted or denied) since January 1, 2007, 24 had
public participation (either by mail or appearance at the public hearing). In 17 of those cases (30 percent of
the cases decided by the Board), the Hearing Examiner proposed and the Board adopted conditions of
approval to address the concerns raised by testimony. In 5 of the cases, the public's concerns did not affect
the outcome. In 2 cases, one of which was denied, the effect of the public's participation on the outcome
could not be determined.
IV
Special Exception Application Procedure
The process for a special exception generally starts with a trip to the office of the Board of Appeals for the
necessary application forms. The staff will advise the applicant how to complete the application, what fees
apply, and what documents are needed to file.
The Board requires one original and 7 copies of all documents. For a small fee, the applicant may make
copies on the Board's copying machine. The applicant must submit the following documents and
information:
An accurate site plan, showing boundaries, dimensions, area, topography and frontage of the
property involved, as well as the location and dimensions of all structures· existing and
proposed to be erected, and the distances of such structures from the nearest property lines.
Plans, architectural drawings, photographs, elevations, specifications or other detailed
information depicting fully the exterior appearance of existing and proposed construction,
including signs, involved in the petition; include a floor plan of the accessory apartment,
drawn to scale.
Statement explaining in detail how the special exception is proposed to be operated and any
special conditions or limitations which the applicant proposes for adoption by the Board.
. Complete information concerning the size, type and location of any existing and proposed
trees, landscaping and screening and any exterior illumination proposed.
An original, certified copy of the official zoning vicinity map including 1,000 foot radius
surrounding the subject property and other information to indicate the general conditions of
use and existing improvements on adjoining and confronting properties.
6
§59-A-4.43(a).
7
§59-A-4.46(a).
g
§59-A-4.46(b).
 PDF to HTML - Convert PDF files to HTML files
If petitioner is not the owner of the property involved, lease, rental agreement, or contract to
purchase by which petitioner's legal right to prosecute the petition is established.
Applicable master plan maps reflecting proposed land use, zoning, and transportation,
together with any other portions of the applicable master plan deemed pertinent by the
petitioner.
A preliminary forest conservation plan and an approved natural resources inventory that
satisfies the technical manual adopted by the Planning Board or a statement signed by
M-NCPPC Environmental Planning Staff and attesting that the property is less than 40,000
square feet in area, no forest or individual trees will be disturbed, the property is not subject
to a previously approved Forest Conservation Plan, and the special exception proposal will
not impact any Champion tree.
Other natural features, such as rock outcroppings and scenic views.
Historic buildings and structures.
A preliminary and/or final water quality plan if the property lies in a special protection area
subject to the provisions of Chapter 19 of the Code.
All additional exhibits which the petitioner intends to introduce.
Summary of what the petitioner intends to prove, including the names of petitioner's
witnesses, summaries of the testimonies of expert witnesses, and the estimated time required
for presentation of the petitioner's case.
A listing of the names and mailing addresses of the adjoining and confronting property
owners who are entitled to notice of the filing. Also, a listing is required of any local citizens
associations and any municipality or special taxing district within which the property is
located.
Once filed, the application is sent to Planning Staff and notice is sent as required. A special exception for an
accessory apartment is not reviewed by the Planning Board. A public hearing date is established with the
Hearing Examiner. Currently, that date is at least 4 and one-half months from the date of the application.
(That will change to 3 and one-half months under the streamlining process.) The Planning Staff report is
submitted to the Hearing Examiner and the applicant at least 5 days before the public hearing. Generally,
public hearings' on accessory apartments take a few hours.
Within 30 days of the close of record, the Hearing Examiner must issue a report and recommendation to the
Board of Appeals. (The Hearing Examiner makes the final decision on special exceptions for
boardinghouses, home occupations, non-commercial riding stables, temporary structures, farm tenant mobile
homes, and day-care centers for up to 30 children. Special exceptions for accessory apartments are decided
by the Board of Appeals.) Within 10 days from the issuance of the report, an aggrieved party may request
oral argument before the Board of Appeals. The decision of the Board of Appeals must be made 30 days
within 30 days of the Hearing Examiner's report. The opinion ofthe Board is written after their decision.
V
Parking
Two off-street parking spaces are currently required for any accessory apartment, unless the Board of
Appeals finds that there is adequate on-street parking. ZTA 12-11 would require one parking space in
addition to the parking required for the principal dwelling. The number of off-street spaces required varies
with the date the house was constructed. Houses built before 1955 are not required to have any off-street
parking. A house built between 1955 and 1958 was required to have one off-street space. Houses built after
1958 were required to have 2 off-street parking spaces. Most of the public participation in accessory
apartment applications was due to an alleged lack of parking in the neighborhood.
 PDF to HTML - Convert PDF files to HTML files
Many houses built before 1955 do not have driveways. Adding an off-street parking space would reduce the
availability of on-street parking. Driveways are generally 10 feet wide. Parking for the general public is
prohibited 5 feet on either side of the driveway for a total width of 20 feet.
9
The typical on-street parking
space is 20 feet long. In order to add to total parking availability, a new driveway must at least accommodate
2 vehicles.
Two provisions in ZTA 12-11 might reduce parking problems: 1) the maximum number of people living in
the accessory apartment would be three; 2) more than one accessory apartment every 300 feet in smaller lot
zones on the same street frontage would be prohibited.
Takoma Park conducted a survey of accessory apartment property owners. Twenty of the 33 accessory
apartment owners responded to that survey. Of those who responded, the average occupancy in an accessory
apartment was 1.3 people.
Alexandria and Fairfax County do not require any off-street parking for accessory apartments unless on­
street parking is found to be inadequate. Parking is determined to be inadequate by conducting a parking
surv~y
on the immediate street. In Alexandria, if more than 65 percent of street parking is in use, an
accessory apartment in Alexandria must provide 1 off-street space.
VI
DHCA
Enforcement
Several of those testifying at the public hearing raised concerns about illegal accessory apartments and
overcrowding of single-family homes. While the proposed ZTA changes the requirements for a legal
accessory apartment, it does not change the enforcement process or reduce the number of illegal accessory
apartments unless one assumes that a homeowner who does not have a special exception for an existing
accessory apartment would meet all the new requirements and seek a license for that same apartment.
Complaints regarding illegal accessory apartments generally come to the County as either a complaint about
overcrowding or a complaint that there is an illegal accessory apartment. If the complaint is specific to
zoning requirements, then the Department of Permitting Services (DPS) is the enforcing agency. If the
complaint is specific to housing and building maintenance standards, then the Department of Housing and
Community Affairs (DHCA) is the enforcing agency. The responding department will notify the other if
they see potential violations. For example, if DHCA responds to a complaint about overcrowding and does
not find evidence of insufficient space but suspects that there are more than 5 unrelated people living
together, they will report this to DPS for enforcement. DPS and DHCA are in on-going discussions on how
to enhance coordination and cross-training of inspectors.
DHCA has enforcement in the following areas included in Chapter 26 that could come into question in a
complaint about an illegal accessory apartment or overcrowding: