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Planning commission approves zoning text amendments to allow small accessory apartments in the Chesapeake Bay critical area; two commissioners oppose
Summary
The commission approved zoning changes to allow accessory apartments in the county's critical area subject to state-designated limits: apartments must be 900 square feet or less, within 100 feet of the principal dwelling and served by the same septic reserve area. The vote passed with opposition from two commissioners.
The St. Mary's County Planning Commission on May 12 voted to forward zoning text amendments that allow accessory apartments in the Chesapeake Bay Critical Area's Resource Conservation Area (RCA), subject to state-prescribed limits on size and siting.
Why it matters: The change brings local zoning into alignment with state law that recognizes accessory apartments as allowable uses in the critical area but imposes safeguards to limit impacts on water quality and sensitive buffers.
What the amendments do: The approved package amends Chapter 41 (Chesapeake Bay Critical Area provisions), Chapter 51 (use regulations and standards), Chapter 64 (off-street parking and loading standards) and Chapter 90 (definitions). Key provisions recorded in the commission's staff report and adopted in the motion require accessory apartments in the RCA to: - Be no larger than 900 square feet of enclosed area; and - Be located either within the principal dwelling or have their entire perimeter within 100 feet of the principal dwelling; and - Be served by the same sewage disposal system (same septic reserve area) as the principal dwelling; and - Not require a critical-area variance for footprint, clearing of developed woodland, forest cover or appurtenances (decks, patios, parking), consistent with state rules.
Presentation and public comment: Planning staff explained the amendments are more restrictive than the accessory-apartment provisions proposed for noncritical areas because state statute limits accessory apartments in the RCA. Louie Aldridge, a resident of Lexington Park, asked the commission to clarify whether an apartment may be stand-alone or must be within an existing accessory building such as a garage; staff confirmed the language follows state law and permits either configuration so long as the 100-foot and septic-reserve requirements are met.
Vote and dissent: Commissioner Thompson moved approval; Commissioner Evans seconded. The motion passed; during roll call two commissioners—identified in the transcript as Commissioners Chase and Guazo—recorded votes in opposition. The packet and staff report will be forwarded with the commission's recommendation.
Notable concerns: Commissioner Guazo (recorded in the hearing transcript as opposing) said she had "a great problem" with language that could be read to require accessory apartments to occupy a separate accessory building and urged clearer drafting. Staff explained the local language must mirror the state's more restrictive RCA standards and that identical flexibility discussed for noncritical areas is not allowable in the RCA.
Next steps: The commission authorized the chair to sign the recommendation and forward the text amendments to the Board of County Commissioners for public hearings and final action.
