Subject
title
Introduction and possible adoption of an Ordinance granting Zoning Text Amendment application TXT2019-00255, to Amend the Zoning Ordinance to Allow Detached Accessory Dwelling Units (ADUs) in Residential Zones; Mayor and Council of Rockville, Applicant
end
Department
CPDS - Zoning Review & Other
Recommendation
Staff recommends that the Mayor and Council review and introduce the attached draft ordinance. If the Mayor and Council wish to proceed with the adoption of the ordinance at the same meeting, the ordinance should first be introduced, and then a motion should be made to waive the layover period. If the motion to waive the layover period is approved by six affirmative votes, a motion to adopt the ordinance may then proceed.
Change in Law or Policy
The subject Zoning Text Amendment will allow “detached accessory dwelling units” (ADUs) as permitted conditional use on single-unit residential properties, subject to certain conditions.
Discussion
Mayor and Council have been considering changes to the Zoning Ordinance related to ADUs in recent years. This includes both accessory apartments within an existing dwelling and free-standing accessory dwelling units. The intent is to expand the availability of a more diverse housing stock and the potential for more affordable housing options within the city. These changes are also consistent with our Comprehensive Plan.
This proposed text amendment (See Attachment A) would accomplish this goal by permitting the construction of free-standing accessory dwelling units (ADUs) on residential lots as a conditional use (staff approval).
Draft Ordinance Summary
The subject text amendment as reauthorized by the Mayor and Council would allow detached accessory dwelling units to be permitted in the city as a conditional use in all residential-detached zones (R-400, R-200, R-150, R-90, and R-60). Detached ADUs are secondary dwelling units within a detached accessory building located on the same lot as a single-unit detached dwelling. This use is not currently allowed in the City’s Zoning Ordinance.
As proposed, detached ADUs would be permitted within detached accessory buildings, which are not attached to the main dwelling and are subject to different regulations, including minimum setback requirements and maximum footprint and height limitations. The Zoning Ordinance limits the footprint of any one accessory building to 750 square feet and a maximum height of 20 feet, which allows for a second story in most cases.
Staff developed the draft ordinance based on the Mayor and Council’s direction at the July 29 meeting. The conditions were as follows:
• Only one ADU would be permitted per lot. Both dwelling units must remain under common ownership.
• The gross floor area of the ADU must not exceed 50% of the gross floor area of the main dwelling unit or 750 square feet, whichever is less. However, a detached ADU may have a gross floor area of up to 400 square feet regardless of the size of the main dwelling in order to provide a reasonably sized ADU regardless of the size of the main dwelling.
• The ADU must be permanently attached to the ground.
• A detached ADU is prohibited on a lot that contains an attached ADU.
• There are no off-street parking requirements for detached ADUs.
• A grace period of 12 months upon adoption for non-compliant units to be brought into compliance with the new requirements is provided.
At the July 29th meeting, the Mayor and Council directed staff to remove the compatibility requirement and to remove the language regarding addressing the ADU. The Mayor and Council also requested reference to the restriction of only one rental license per property included in Chapter 18 of the City Code. These changes have been made to the attached ordinance.
Mayor and Council History
Initially, the Mayor and Council authorized the filing of two related text amendment applications in 2019: one related to the standards for accessory buildings, and one related to allowing ADUs within or attached to the main dwelling or within an accessory building. The accessory building text amendment was approved on July 25, 2022, by the Mayor and Council adoption of Ordinance No. 13-22.
On January 23, 2023, the Mayor and Council authorized the filing of the draft Zoning Text Amendment application TXT2023-00263 related to accessory apartments, alongside a reauthorization of the draft Zoning Text Amendment application TXT2019-00255 related to accessory dwelling units in accessory buildings. On June 3, 2024, the Mayor and Council conducted a public hearing for Zoning Text Amendment TXT2019-00255 related to detached accessory dwelling units and provided direction on July 29th to make certain amendments.
Public Notification and Engagement
Upon authorization of the text amendment, staff conducted information sessions for interested residents and neighborhoods. A public hearing was held on May 10, 2021, for Zoning Text Amendment TXT2019-00255, which at that time included potential changes to allow both ADUs and accessory apartments as conditional uses.
More recently, the Mayor and Council held a public hearing regarding Zoning Text Amendment application TXT2019-00255 for detached accessory dwelling units on June 3, 2024. At this public meeting, 1 individual testified with their opinions on the ordinance. The Mayor and Council elected to leave the record open for public testimony until July 8.
Boards and Commissions Review
The Planning Commission received a briefing of the subject text amendment on May 10, 2023, and discussed the application at its meeting on June 14, 2023. Staff prepared a memo recommending approval of the application, which was approved by the Commission at its meeting on July 12, 2023 (see Attached memo). Video of the Commission’s discussions is available here:
Planning Commission - May 10th, 2023 (granicus.com) <https://rockvillemd.granicus.com/MediaPlayer.php?view_id=2&clip_id=4696>
Planning Commission - Jun 14th, 2023 (granicus.com) <https://rockvillemd.granicus.com/MediaPlayer.php?view_id=2&clip_id=4718>
Planning Commission - Jul 12th, 2023 (granicus.com) <https://rockvillemd.granicus.com/MediaPlayer.php?clip_id=4726>
Next Steps
The ordinance will become effective on January 1, 2025. Staff will provide information to the public regarding the opportunity and process for applying for an existing ADU or constructing a new one.