AGENDA ITEM #5
I ' A
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.
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.
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: