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Hampstead staff to draft ADU ordinance after Maryland mandate; commission flags parking and lot-size issues
Summary
Town staff said the Maryland General Assembly requires municipalities to allow accessory dwelling units on single-family lots; Hampstead staff will draft an ordinance by October and likely bring it to council in August. Commissioners asked about lot size, parking, owner-occupancy and limits on ADU type.
The Hampstead Planning and Zoning Commission on June 24 was briefed that the Maryland General Assembly has required counties and municipalities that exercise planning and zoning authority to authorize accessory dwelling units (ADUs) on land with single-family detached dwellings.
"Last year the Maryland General Assembly passed a bill which requires that counties and municipalities ... adopt a local law authorizing accessory dwelling units or ADUs on land with a single-family detached dwelling," the town's Zoning Administrator said. Staff told the commission they will start drafting a local ADU ordinance now and aim to finish the draft by October, with an anticipated introduction to the Town Council in August.
Commissioners pressed staff on practical constraints. "So the first thing that pops into my head is like the size of the lot. Is that something that would be like at the top of that list?" a commissioner (Tim) asked. Staff noted ADU rules must be allowed in residential districts under the state directive but can be implemented locally with standards for setbacks, height, maximum size and parking.
Staff described three common ADU types under consideration: an attached unit with its own entrance, a garage conversion, and a detached small home in the rear yard. The Zoning Administrator warned the code rewrite must address infrastructure and service needs: "You've got to take in parking. You've got to take in additional water, sewer services, and lines ... additional electric services," and other impacts.
Commissioners discussed owner-occupancy requirements as a tool to limit rental conversions. One commissioner said some jurisdictions require the principal residence be owner-occupied; staff confirmed such options exist and will be examined. Commissioners also raised examples in other Maryland jurisdictions (Rockville; northern Baltimore County) that include family-relationship or connected-unit restrictions in some cases.
Staff said they will review recent ADU ordinances from other Maryland towns and bring back a proposal for the commission to consider before town council review. No ordinance was adopted at the meeting; the matter will return to the commission for review and a formal recommendation.
Next steps: staff will draft ordinance language and present it to the commission at a future meeting ahead of the document’s October completion requirement under the state law.
