Local Land Use On Location

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Montgomery County, Maryland

  • Montgomery County has launched Thrive Montgomery 2050, an initiative to update the County’s General Plan for the first time since the 1960s. The County Planning Board seeks public input to develop a new vision for land use and related issues for the next 30 years. Public events were held in June and August, and more are scheduled for this month.
  • The draft Forest Glen/Montgomery Hills Sector Plan is in the hands of the County Executive and County Council for review and comment after the Planning Board approved the plan on July 25. The plan centers on the Georgia Avenue corridor from Dennis Avenue on the north to Spring Street on the south, including the Beltway interchange. The plan proposes rezoning of several properties to the Commercial Residential Town (CRT) zone to encourage mixed-use redevelopment, and prioritizes safe transportation modes, including pedestrian, bicycle, and bus rapid transit (BRT) routes. A link to the latest draft can be found on the Planning Board’s website. The County Council is expected to hold public hearings this fall and adopt a new plan in 2020.
  • The County Planning Board adopted the Design Guidelines for Rock Spring and White Flint 2 to help guide the development of projects in these areas by supplementing the master plans. The Guidelines encourage and promote mixed-use development and mobility alternatives. You can find the Guidelines on the Planning Board’s website.
  • With the adoption of the Annual School Test by the Planning Board, three school clusters—Montgomery Blair, Albert Einstein, and Walter Johnson—are now under moratoria for Fiscal Year 2020 (July 1, 2019, to June 30, 2020). This means no residential development can be approved in these areas except affordable housing projects that generate fewer than 10 students. In addition, 14 elementary school areas are under moratoria. Ultimately, the Montgomery County School Board will need to propose plans for handling student population growth, and work with the County Council on budgeting for improvements and additions to address the moratorium issues.
  • Accessory dwelling units (ADUs) were also added to the Zoning Ordinance (ZTA 19-01) to support conversions of basements or garages, and allow the units in new construction of detached units on existing improved residential lots. Detached ADUs are now a limited use in small lot single-family zones (previously available only as a conditional use), and off-street parking requirements are reduced (areas within one mile of a Metro station are entirely exempt). The new legislation has its detractors, but ADUs potentially enhance opportunities for homeowners seeking to subsidize their mortgages, allow retirees to age in place, and require only incremental change to existing urban form and neighborhood character.

Prince George’s County, Maryland

  • On July 23, Prince George’s County approved moving forward with rezoning the entire County, through a Countywide Sectional Map Amendment (CMA) (CR-027-2019). The CMA is needed to implement three new laws adopted late last year: a new Zoning Ordinance (CB-013-2018), known as the “Zoning Rewrite”; the Subdivision Regulations (CB-015-2018); and the Landscape Manual (CB-065-2018). The CMA is a non-substantive zoning reclassification of land throughout the County (495 square miles and 317,000 acres), except for the City of Laurel, which has its own zoning, so that the Zoning Rewrite can take effect. The County plans meetings and work sessions through the spring of 2020, culminating in a joint public hearing before the Planning Board and the County Council. The CMA could be adopted as early as summer of 2020.
  • The District Council also approved Bill No. CB-22-2019, repealing long-held limitations on multifamily projects requiring that a project have no more than 40% of its dwelling units as two-bedroom units. These restrictions made many projects in the County non-conforming uses and required special exceptions to make changes. The bill becomes effective on September 9.
  • The District Council also approved an amendment to the Zoning Ordinance to create a new use known as “Urban Farming,” to allow indoor and outdoor cultivation of fruits, vegetables, flowers, and plants, as well as bee raising. Roosters, other fowl, and livestock are not permitted. The new farming use is permitted in most zones—including on rooftops—with some restrictions, mainly against odors and dust.

District of Columbia

  • The District of Columbia is in the midst of a Comprehensive Plan Amendment, titled “Plan DC,” with a focus on “Planning an Inclusive City.” The first phase, the Framework Element, was approved on first reading by the D.C. Council on July 9, and is scheduled for final action on September 17. The plan includes numerous additional elements, which will be reviewed and/or revised over the next year or two, including the Future Land Use Map, fondly known as the FLUM.
  • Also on July 9, the Council introduced Bill 23-394, the Tenant and Homeowner Accountability and Protection Amendment Act of 2019, which includes numerous changes to processes for permitting, licensing, and bonding, and creates an Office of Code Enforcement and a new Zoning and Code Ombudsman to help residents through the zoning and permitting process. The Committee of the Whole is performing a review of the bill.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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