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Committee approves zoning changes to expand accessory dwelling units countywide
Summary
Planning staff briefed the committee on ZTA 2606 to bring Montgomery County code into compliance with state law by allowing accessory dwelling units in all zones, standardizing size to 75% of the primary dwelling, and revising parking and density rules; the amendment passed 3‑0.
Planning staff told the Planning, Housing and Parks Committee that ZTA 2606 brings the county's zoning code into alignment with recent state legislation and expands where accessory dwelling units (ADUs) are permitted.
"In April 2025, the General Assembly passed House Bill 1466, and it explicitly required the county to adopt a local law that authorizes ADU development by 10/01/2026," Ms. Nadeau said while reviewing the draft zoning text amendment. She explained the ZTA would allow attached and detached ADUs in all zones, adopt the state 75% size definition for ADUs, and remove certain setback and size restrictions that conflicted with state definitions.
The ZTA keeps a one‑space per ADU off‑street parking requirement but preserves an exemption near transit and retains a waiver process administered by the hearing examiner. Ms. Nadeau described a planning‑commission parking study that recommended keeping a single required space while simplifying requirements for lots without existing on‑site parking.
The Office of Legislative Oversight (OLO) provided a negative impact statement on racial equity, noting that ADU adoption historically benefits property owners in higher‑income neighborhoods and recommended incentives, such as low‑interest loans and permit‑ready designs, to improve affordability. Ms. Nadeau said those policy suggestions would be considered separately from the zoning text amendment.
Council members discussed owner‑occupancy rules, which Ms. Nadeau said cannot be altered through a zoning text amendment and would require separate bill language. Councilor Gerardo urged the committee to consider fee waivers and affordability covenants and asked planning staff to return with examples from other jurisdictions.
The committee approved the technical amendment recommended by the planning board and then voted to adopt ZTA 2606 as amended, with Chair recording the vote as "three‑zero." The committee directed staff to provide additional examples and follow up on affordability options in future work and potential separate legislation.
The measure now moves to formal introduction on the council floor under the amended text.
