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Commission considers moving 3–4‑unit buildings to permitted review to ease development
Summary
Commissioner Diane Sherman noted state law limits the use of the 'character of the area' criterion for conditional use review of 3–4 unit buildings; the Commission discussed shifting review of those small multi‑unit buildings to the Zoning Administrator as a permitted use to streamline development.
Diane Sherman, a member of the Montgomery Planning Commission, told the meeting that "state law now prevents 3-4 unit buildings from being considered under the 'character of the area' criterion for conditional use review," and proposed moving 3–4 unit buildings in Village I and II from conditional use review to review by the Zoning Administrator as a permitted use.
Commissioners discussed that change as a way to allow easier development of small multi‑unit buildings while leaving larger multi‑unit buildings subject to conditional review. The proposal responds to a legal limit on applying "character of the area" in conditional reviews and would change local process (who reviews applications) rather than altering numeric maximums. The Commission asked staff and the DRB to review the draft language and return with recommended permit‑category wording and any administrative safeguards (e.g., site plan or lot‑size standards) at a future meeting.
