Carroll County staff proposes barring new residential accessory uses atop planned commercial centers, grandfathering existing units

Carroll County planning staff proposed removing residential accessory uses from planned commercial centers and amending county code to permit only dwellings that existed as of a specific cutoff date, a move intended to stop piecemeal second‑floor apartments above strip malls while the master plan defines standards for true mixed‑use projects.

Staff member (S1) told commissioners the suggested change would take residential accessory use out of Chapter 155 and modify Chapter 158 so that existing accessory dwellings would be permitted only if they were in existence before a stated date; new residential accessory uses would be treated under a new mixed‑use approach. “What this proposal does is allow us to kind of address the immediate concerns so that we don't have additional proposals coming through that are not really what we're looking for,” the staff member said.

Commissioners and attendees noted the county currently has two examples of residential accessory units, both in the Freedom area—one near Cleese Mill and another at the Princess Shopping Center—and that neither appears to have units queued for approval. A commissioner (S4) suggested a practical grandfather date such as Dec. 31, 2025, or a near‑term date like March 4, 2026, so existing units remain permitted while future conversions or rooftop additions would be subject to a new mixed‑use standard.

Speakers debated the difference between intentionally planned mixed‑use town centers—multi‑story developments with retail, restaurants and groceries—and one‑off apartments above strip malls. A construction‑industry commissioner (S4) argued high‑quality mixed use requires integrated design, adequate parking, municipal water and fire protection, and other infrastructure not always available at small strip centers. “Mixed use is retail on the ground floor and apartments above that,” the commissioner said, adding that done right it can enhance walkability in downtown areas but that allowing accessory residential by default risks creating substandard living environments.

Others (S3) observed accessory units can provide lower‑cost rental options for residents who cannot afford other housing in the county, saying the use “serves a purpose” for people priced out of other options. Staff and commissioners agreed the goal is not to eliminate mixed‑use development but to ensure it is intentional and meets basic standards for livability.

On next steps, the staff member said they will prepare specific redline code language for discussion at the commission’s next meeting or the April evening meeting and, if the commission supports the change, recommend it to the Board of County Commissioners. The staff member also noted that municipalities inside Carroll County are not subject to the county zoning ordinance and may continue to use their own mixed‑use districts.

The commission did not take a formal vote on the zoning change during the meeting; staff committed to return with suggested text and a proposed effective/grandfather date for the two existing properties to remain permitted.