Frequently Asked Questions (FAQs)
In order to see the answer to a question below, either click on the question or scroll towards the bottom of the page.
- What is zoning?
- Why rewrite the zoning code?
- Are all the commercial zones converting to a Commercial/Residential (C/R) zone?
- How will C/R zones be mapped throughout the County if they are currently allowed only with a master plan recommendation?
- Do the C/R zones require the same amount of Moderately Priced Dwelling Units (MPDU) be provided as are required of the CBDs?
- When converting CBD zones to CR, is the bonus density for the provision of extra MPDUs the same?
- Does the draft make significant changes to zoning and uses in single-family neighborhoods?
- Why are General Buildings allowed in R-60 and R-90 if they will introduce non-residential uses into single-family neighborhoods?
- Why are Multi-Use Buildings allowed in R-60 and R-90?
- Is it true that tandem houses, cottage housing, corner stores and accessory apartments will be allowed by right in residential zones?
- What is a floating zone?
- Will floating zones with high densities or commercial uses be allowed to locate in the middle of neighborhoods zoned R-60 or R-90?
- Where is the requirement that floating zones must be recommended in a Master Plan?
- Are chickens going to take over my neighborhood?
- Have you assessed the health and environmental risks of backyard chickens?
- How will the new code affect community input in the development review process?
- How will the new code interact with master plans? Does the new zoning code circumvent the master plan process?
- Since the new zoning code allows residential uses in most zones, how will the County prevent more school crowding, traffic congestion, etc.?
- Why is the zoning code rewrite process moving so quickly? Why wasn’t there more citizen involvement?
- What is zoning?
Zoning laws control most aspects of property development including:
- the uses allowed on a property
- the minimum size of a lot
- how tall buildings can be and what percentage of the lot they can cover
- parking requirements
- the density for all development
- which uses require a public hearing and how much public review is required for something to be approved.
- Why rewrite the zoning code?
The zoning code has not been comprehensively rewritten in over 30 years. During that time, the County has grown and changed substantially and many of the zoning laws have become antiquated. Piecemeal updates to the code over the last several decades have resulted in a document that’s over 1200 pages long with 120+ zones, 400+ footnotes, and many confusing, and sometimes contradictory, provisions. Most anyone involved or interested in the development process in Montgomery County cites the difficulty with using and understanding the document. For these reasons, County Council tasked the Planning Department with undertaking a comprehensive rewrite of the zoning code in 2007 with the following basic goals in mind:
- simplify and consolidate;
- improve clarity and consistency;
- accommodate changing markets and demographics, while protecting established neighborhoods;
- reflect more sustainable policy goals; and
- provide the tools necessary to shift from greenfield development to infill, mixed-use development.
- Are all the commercial zones converting to a Commercial/Residential (C/R) zone?
No. The draft introduces 4 new Employment zones, which will replace some of the existing commercial zones (see the Zoning Translation table for more details):
- General Retail (GR)
- Neighborhood Retail (NR)
- Life Science Center (LSC)
- Employment Office (EOF)
The Employment zones are modeled on existing zones and proposed for areas of the County that will continue to be auto-dominated. They generally allow more flexibility in building, circulation, and parking lot layout compared to the C/R zones. GR, NR, and EOF (modeled on C-2, C-1 and C-0, respectively) allow a limited amount of residential development by-right, which is a change from the existing zones, which usually allow residential development only by special exception.
- How will C/R zones be mapped throughout the County if they are currently allowed only with a master plan recommendation?
When the relevant provision in the existing C/R zones was written, it was considered in a different context. According to the opinion accompanying Zoning Text Amendment 11-01, Council “did not intend to prejudge if that provision [requiring master plan recommendation] might be retained or amended when it considers a rewritten zoning ordinance.”
- Do the C/R zones require the same amount of Moderately Priced Dwelling Units (MPDU) be provided as are required of the CBDs?
The C/R zones do not reduce the number of MPDUs required. A developer who proposes a project with more than 20 dwelling units must provide 12.5% of those units as MPDUs, as in the current code.
- When converting CBD zones to CR, is the bonus density for the provision of extra MPDUs the same?
Yes, when any mixed-use zone is converted to a C/R zone through the implementation process, the development may exceed total density by up to22% for providing up to 15% of the units as MPDUS. Zones that convert in this manner are designated with a T (Translation) following the zone name.
- Does the draft make significant changes to zoning and uses in single-family neighborhoods?
The draft makes minor changes to the uses in the single-family zones, while the zoning and the development standards for houses are identical to the existing code. The key changes are noted below and more detailed explanations are available in the Changes to the Residential Zones document on www.zoningmontgomery.org.
- community gardens are a new use
- a hospice with up to 8 people is allowed without special exception approval, (small group homes (up to 8 residents) are allowed by right)
- a day care for seniors or persons with disabilities for 4-8 persons is allowed without special exception approval, (small group homes (up to 8 residents) are allowed by right)
- guest houses are no longer allowed in R-200, R-90, R-60 or R-40
- standards for raising hens, ducks, miniature goats and rabbits in a backyard are modified (see question 14)
- 2 conditional use (special exception) standards for Veterinary Office/ Hospital and Animal Boarding and Care are modified
- Why are General Buildings allowed in R-60 and R-90 if they will introduce non-residential uses into single-family neighborhoods?
General buildings are currently allowed in R-60 and R-90 zones. They accommodate uses that are non-residential and are already allowed under the existing code, either by right (e.g. religious institution) or by special exception (e.g. day care center). A use is allowed according to the use table in Sec. 3.1.6; a building type, such as a general building, does not dictate what uses are allowed. The purpose of general buildings is actually to protect neighborhoods from these non-residential uses. There are currently no limits on density for non-residential uses in the R-90 or R-60 zones; the proposed draft represents a substantive change that limits the intensity of non-residential uses located in general buildings.
- Why are Multi-Use Buildings allowed in R-60 and R-90?
Multi-use buildings are not being introduced into the R-60 zone and R-90 zones. If a property that is zoned R-60 or R-90 gets rezoned to a Floating zone, through a Local Map Amendment approved by the Council, it is no longer zoned R-60 or R-90. All zones have specific building types, uses, and requirements, and the Floating zones have their own set of allowed building types, which may include a multi-use building.
- Is it true that tandem houses, cottage housing, corner stores and accessory apartments will be allowed by right in residential zones?
Tandem houses, cottage housing and corner stores were a new concept called development patterns proposed by the project consultant in the first iteration of the draft zoning code in 2010. After advisement by the Zoning Advisory Panel and resistance from many residents, the development patterns were removed from the draft. The proposed draft does not recommend that tandem houses, cottage housing or corner stores be allowed in residential zones.
Attached accessory apartments, under certain circumstances, are already allowed by-right in the existing zoning code. In February of 2013, County Council adopted ZTA 12-11, which changed the approval procedures for certain attached accessory apartments. The draft zoning code repeats the language from the ZTA.
- What is a floating zone?
A Floating zone is a zone that can be applied for at any time by a property owner; it is a rezoning that requires going through the Local Map Amendment (LMA) process which requires approval by the County Council. Examples of existing floating zones are Planned Development (PD), Residential Townhouse (RT zones), and Commercial, Office Park (CP) zones.
A Euclidean zone, in contrast, is applied through a Sectional Map Amendment after the approval of a master or sector plan. Examples of Euclidean zones are R-60, R-90, Commercial Office (C-O) and Central Business District (CBD) zones.
- Will floating zones with high densities or commercial uses be allowed to locate in the middle of neighborhoods zoned R-60 or
R-90?
In the proposed draft, a developer with a property that meets the criteria found in the table on page 5-3 is not precluded from applying for a Commercial/ Residential or Employment Floating zone in a neighborhood zoned R-60 or R-90, but the County Council must make specific findings before granting the application. The Council must find that the floating zone will conform with the master plan, further the public interest, be compatible with adjacent development, and not adversely affect the character of the surrounding neighborhood (page 8-6 Sec. 8.2.1.E.) Moreover, the limits on density are actually more restrictive than the current options (and there are new height and screening restrictions for many buildings). A Commercial/ Residential Floating or Employment Floating zone could potentially permit commercial uses, or densities above those allowed in R-60 or R-90, but only if the County Council finds that at that specific location, in those individual circumstances, the requested density and uses are compatible with the neighborhood and the master plan.
For context, the existing code, under certain circumstances, also allows R-60 and R-90 zones to be rezoned to floating zones, with a myriad of uses: C-T, O-M, TS-R/TS-M, and PD zones, for example, are all floating zones that allow commercial uses.
- Where is the requirement that floating zones must be recommended in a Master Plan?
This is not a requirement in the new or existing code. Of the 20+ existing floating zones, none of them require a master plan recommendation. A master plan recommendation may facilitate the Local Map Amendment (floating zone approval) process, but it is not a sole statutory requirement.
- Are chickens going to take over my neighborhood?
A change in the proposed code that has received much attention is the Animal Husbandry use. Animal Husbandry is a modification of an existing use (Agricultural Uses), which is currently permitted in all the Residential zones. This use allows any type of farm animal to live on a residential lot, provided that the structure used to house the animal is 100’ from a dwelling on a neighboring lot and 25’ from a lot line. These setback standards prevent many residents in small-lot residential zones from being allowed to legally raise farm animals. Recognizing the growing interest in raising hens, rabbits, and miniature goats, and the need for better regulation parameters, the draft proposes several changes from the existing code. Specifically, the accessory structure used to house the animals will be subject to the same setback standards as any other accessory structure in the zone, and limitations are placed on the type and number of animals allowed (e.g. roosters will be prohibited, between 6 and 8 animals may be kept depending on the zone). Beekeeping is also allowed in the same fashion as it’s allowed in the existing code (see Sec. 3.2.11.)
- Have you assessed the health and environmental risks of backyard chickens?
Staff has done a literature review of health impacts associated with backyard chickens. Organizations such as the Center for Disease Control and Penn State University assert that the health risks of small backyard flocks of hens are minimal and no greater than the risk of keeping a dog or cat1.
With respect to concerns about hen waste, the average hen produces less waste (.28 lbs of feces per day)2 in comparison to the typical dog (0.75lbs of feces per day)3. Manure from poultry, however, is considered an excellent garden fertilizer when properly composted and all the waste can be used onsite. Dog feces can contain harmful bacteria that should never be added to compost or left on the ground; it must be bagged and sent to landfills.
1http://vbs.psu.edu/extension/resources/pdf/infectious-disease-info/VSE-06-03.pdf/view
http://www.cdc.gov/healthypets/animals/birds.htm
2http://ohioline.osu.edu/b804/804_3.html
3ftp://ftp-fc.sc.egov.usda.gov/AK/Publications/dogwastecomposting2.pdf
- How will the new code affect community input in the development review process?
Overall, citizens will have more opportunities to participate because more development proposals will be subject to site plan approval. Site plan approval is a discretionary review process that requires a public hearing with the Planning Board and provides community members an opportunity to voice their opinion on the project. Other processes, such as conditional use (existing special exception) approval and local map amendments, will have the same degree of citizen input as they do in the current code.
- How will the new code interact with master plans? Does the new zoning code circumvent the master plan process?
Generally, the interaction between master plans and the new code will remain the same. The master plans will continue to provide a vision and detailed land use and zoning recommendations for specific areas of the County, and the zoning code will function as a regulatory tool used to implement the master plan. The master plan will also have a stronger role in many projects developed under the new code because site plan approval will require a new finding that the proposed development substantially conforms with the recommendations of the master plan (Sec. 8.3.4.E.5).
- Since the new zoning code allows residential uses in most zones, how will the County prevent more school crowding, traffic congestion, etc.?
There are no changes to the current requirement that any development proposal, residential or otherwise, will be subject to the Adequate Public Facilities Ordinance (APFO) during the subdivision or site plan approval process. The APFO is a separate set of rules, independent of the Zoning Ordinance, which requires the Planning Board to test a proposed development for adequacy of public facilities in terms of transportation, schools, water, sewage, police, fire, and health services. Based on the results of APFO tests, the Planning Board may require that a developer contribute to a public facility improvement (e.g. provide a school facility payment or fund an intersection improvement) before development may proceed. If a school cluster is under a moratorium then residential development cannot be approved, regardless of zoning.
- Why is the zoning code rewrite process moving so quickly? Why wasn’t there more citizen involvement?
The zoning code rewrite project is a long-term project that’s been in progress for over 4 years. Public involvement has been a large and important part of the process throughout the project. The Planning Board and staff has labored to make the rewrite process as transparent as possible:
- 7 Planning Board public hearings and numerous public worksession
- a regularly updated website devoted to the project, including all documents;
- regular email blasts to a listserve with over 500 addresses;
- staff attendance at over 100 community meetings;
- open houses conducted throughout the County with over 200 attendees;
- open office hours at the Planning Department with project staff; and
- mailed notices to residential and commercial property owners whose zone name is proposed to change.
- A Zoning Advisory Panel (ZAP), which served as an advisory board until last fall when review with the Planning Board began. The ZAP was comprised of several stakeholder groups including community representatives, developers, land use attorneys, architects, academics, and planners. All meetings were taped and open to public attendance.
Montgomery County Planning Department