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Zap Discussion: Accessory Apartments Revisited Administration & Procedures

The document discusses proposed changes to regulations regarding accessory apartments in Montgomery County. It proposes defining size limits for attached and detached accessory units and designating them as either limited use or conditional use based on zone. Size categories are small (up to 800 square feet) and large (801-1200 square feet). It also compares the proposed regulations to existing code standards. The document provides an overview of the review and approval authorities, procedures, and requirements for different types of applications and development plans. It outlines a standard format for describing review bodies and approval processes. It also discusses when a site plan would be required based on the subject property's zone, proposed use, and intensity compared to abutting zones.

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21 views

Zap Discussion: Accessory Apartments Revisited Administration & Procedures

The document discusses proposed changes to regulations regarding accessory apartments in Montgomery County. It proposes defining size limits for attached and detached accessory units and designating them as either limited use or conditional use based on zone. Size categories are small (up to 800 square feet) and large (801-1200 square feet). It also compares the proposed regulations to existing code standards. The document provides an overview of the review and approval authorities, procedures, and requirements for different types of applications and development plans. It outlines a standard format for describing review bodies and approval processes. It also discusses when a site plan would be required based on the subject property's zone, proposed use, and intensity compared to abutting zones.

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Planning Docs
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ZAP DISCUSSION

Accessory Apartments Revisited Administration & Procedures

Accessory Apartments

Accessory Apartments Existing Standards


Special Exception in all Ag, Rural, & Single-Family Residential zones Definition 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.

Accessory Apartments

Accessory Apartments Proposed L or C


Recommendation from Working Group on Special Exceptions Definition: A second dwelling unit in a detached house building type, must be
subordinate to the principal dwelling and requires a separate entrance.

Attached, Small ( 800sf)


Limited Use in all zones (except industrial)

Attached, Large (801-1,200sf)


Conditional Use in all Ag/Rural, RMD, and townhouse zones Limited Use in Res Estates, RLD-20 (1/2 acre lots), RHD (MF), C/R, and E

Detached, Small ( 800sf) (current detached units require min. 1 acre lot and existing structure)
Conditional Use in all Ag/Rural, RMD, and townhouse zones Limited Use in Res Estates, RLD-20 (1/2 acre lots), RHD (MF), C/R, and E

Detached, Large (801-1,200sf) (current detached units require min. 1 acre lot and existing structure)
Conditional Use in all Ag/Rural, RMD, and townhouse zones Limited Use in Res Estates, RLD-20 (1/2 acre lots), RHD (MF), C/R, and E

Orange font denote change from current code to proposed draft

Accessory Apartments

Accessory Apartments Comparison


Proposed Draft
Limited Use One per lot Owner-occupied Same address Subordinate to principal dwelling Separate entrance on side/rear 1 parking space Spacing requirement (300ft or 500ft) Small up to 800sf; Large 801-1,200sf
N/A regarding age of dwelling N/A regarding compatible appearance Occupancy limits on accessory unit only

Current Code
Special Exception Use One per lot Owner-occupied Same address Subordinate to main dwelling Entrance must retain appearance of dwelling 2 parking spaces unless adequate on-street No excessive concentration Up to 1,200sf if attached; Lesser of 2,500sf or 50% of main dwelling floor area if detached Dwelling must be at least 5 years old Modifications/improvements must be compatible with dwelling and context Main dwelling cannot be occupied by 5 unrelated persons N/A no explicit regulation of accessory unit occupancy General conditional use criteria

(3 for small, 5 for large)

Conditional Use
All limited criteria plus General conditional use criteria

Administration & Procedures

Review Authority Overview


Approval Requested Section Referen ce Authority Sign Review Board Dept of Permitting Services Director &/or Staff Hearing Examiner Planning Director &/or Staff Board of Appeals

Planning Board

District Council Approvals Schematic Plan Change or Mistake Map Amendment Minor Corrective Map Amendment Major Corrective Map Amendment Sectional and District Map Amendment Zoning Text Amendment Regulatory Approvals Conditional Use Plan Conditional Use Plan Amendment Variance Preliminary Subdivision Plan Sketch Plan Site Plan Consent and Major Site Plan Amendment Administrative Site Plan Amendment

R I I Chap. 50 R R R I I

R R R R R R I I I R R R R D

R R R R R R I I I D D D D A

R R R

D D D D D D D D D

R/D R/D I

District Council

DRC

Administration & Procedures

Review Authority Overview

Approval Requested

Sign Review Board

Hearing Examiner

DPS Director &/or Staff

Planning Director &/or Staff

Board of Appeals

Section Referen ce

Authority

Planning Board

Administrative Approvals Temporary Use Permit Building Permit Use & Occupancy Permit Sign Permit Sign Permit Variance R Written Interpretation Key A = appeal D = decision I = if requested by a reviewing, deciding, or appellate body R = review and recommendation

D D D D D D

I I I I I R R

A A A A A

District Council

DRC

Administration & Procedures

Approvals Required Overview


Application District Council Approvals Schematic Plan Section Reference 8.3.2. Applicability A local zoning change to apply a Floating Zone to a specific tract of land requires approval of a Schematic Plan. A local zoning change to apply a Euclidean zone to a specific tract of land based on a change in the character of a neighborhood or a mistake in a comprehensive rezoning through a Sectional or District Map Amendment requires approval of a Change or Mistake Map Amendment. Correction of an administrative or technical error in the application of a Sectional or District Map Amendment requires approval of a Minor Corrective Map Amendment. Correction of an error in the findings of fact in the application of a Sectional or District map Amendment requires approval of a Major Corrective Map Amendment. A comprehensive rezoning of an area of the County implementing a Master or Sector Plan requires approval of a Sectional Map Amendment. A comprehensive rezoning of an area, areas, or the entire County implementing a comprehensive report or Functional Master Plan requires approval of a District Map Amendment. A change in the text of this Ordinance requires approval of a Zoning Text Amendment.

Change Or Mistake Map Amendment

8.3.3.

Minor Corrective Map Amendment

8.3.4.

Major Corrective Map Amendment

8.3.5.

Sectional Map Amendment District Map Amendment

8.3.6.

8.3.7.

Zoning Text Amendment

8.3.8.

Administration & Procedures

Approvals Required Overview

Application Regulatory Approvals Conditional Use Plan Variance

Section Reference 8.3.9. 8.3.10.

Applicability Use of any property for a conditional use, as designated by Article 59-3, requires approval of a Conditional Use Plan. A modification from any development standard below a minimum required or above a maximum allowed in this Ordinance, not subject to a waiver by the applicable deciding body, requires approval of a Variance. If a site plan is not required, the subdivision or re-subdivision of land, as defined and regulated by Chapter 50, requires approval of a Preliminary Subdivision Plan. If a site plan is required, the subdivision or re-subdivision of land, as defined and regulated by chapter 50, does not require a separate approval of a Preliminary Subdivision Plan. Development under the optional method requires approval of a Sketch Plan. Development under the optional method requires approval of a Site Plan after approval of a Sketch Plan; development under a Floating Zone requires approval of a Site Plan after approval of a Development Plan. Development under the standard method requires Site Plan approval as indicated in Section 6.3.12.A1.

Preliminary Subdivision Plan

Chapter 50

Sketch Plan Site Plan

8.3.11. 8.3.12.

Administration & Procedures

Review Bodies
Standard Format
Review Body Approval Authority Review Authority Appeal Authority Additional Authority Procedures Enforcement Delegation of Authority

Administration & Procedures

District Council & Regulatory Approvals


Standard Format
Application Applicability Application Requirements
Filing Noticing Submittals

Decision
Hearing Action Appeals

Subsequent Applications
Re-filing Timing of next steps Next steps

Review & Recommendation


Intake Timeframe Steps Extensions

Scope of Approval Recording Procedures Amendments

Approval Criteria
Findings

Administration & Procedures

Site Plan Applicability


Determining when a site plan is required: Subject Propertys Zone Proposed Use Proposed Intensity (gross floor area, units, or building height) Abutting or Confronting Propertys Zone Site Plan Required

Agricultural, Rural, or Residential Detached Unit Residential Townhouse or Multi-Family

Any

Any < 20 units or 40 feet 20 units or > 40 feet 10,000sf, 10 units, or 40 feet

Any Any Any Any Agricultural, Rural, Residential, or Floating Com/Res, Employment, or Industrial Agricultural, Rural, Residential, or Floating Com/Res, Employment, or Industrial Agricultural, Rural, Residential, or Floating

No No Yes

Any

Permitted

> 10,000sf, > 10 units, or > 40 feet

Yes No If required by Article 59-3 No Yes

Commercial/Residential or Employment

Limited

Any

Industrial

Any

Any Commercial/Residential, Employment, or Industrial No TBD

Overlay

Any

Any

Any

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