Zoning Code Enters the 21st Century

Confused about zoning in Montgomery County? You’re not alone. Up until now, only a select few understood the nuances of our 1,200-page zoning ordinance. But now, thanks to the newly overhauled code, zoning information in Montgomery County will be clearer, more accessible and available online. That means residents will be able to participate more effectively in key land use decisions and that small businesses will be able to locate and expand in the county without having to untangle a complicated web of archaic rules. The updated version took effect today.

The new code encourages community engagement. Who has time to sift through ten pounds of paper to find the relevant footnote? An exclusive club of land use attorneys, maybe, but certainly not the average resident. Soon, everyone will be able to access comprehensive information about every property in the county as the new code becomes available in an interactive, online format. Add to this the soon-to-be-launched electronic plans, which will allow residents to access project plans with the click of a mouse, and the mysteries unravel almost entirely.

The County Council, Planning Board and staff at both agencies spent about five years reviewing and streamlining more than 400 land use categories and 123 zones that were originally established in 1977 and augmented piecemeal over the following decades. The new zoning code does away with the traditional approach of land use planning by specific use and employs more flexible zones designed to spur economic development in our communities.

Some folks have expressed concerns that the new code will lead to more development, but I say the new code will lead to better development. With more predictability in the system, businesses will be able to act more nimbly and be more responsive to community concerns. That’s good news in a county that has long been criticized for failing to support job creation.

The modernized zoning code does not change our fundamental commitment to the master plan process. It just simplifies and clarifies the rules for achieving these plans, which increasingly focus development near transit and encourage urban hubs there while preserving agricultural lands and existing communities.

In Montgomery County we are always striving toward efficiency, transparency and openness. The new zoning code goes a long way toward achieving all these goals. What’s more, it fosters innovation, small business and community involvement. I’d call that a win all the way around.

New Zoning Code Takes Effect Thursday

On the day before Halloween we will say "rest in peace" to the old zoning code. Council President Craig Rice, Councilmember Cherri Branson and I will join with County Planning Board Chair Casey Anderson, Planning Board members and staff at 11:30 a.m. on Thursday at a park next to Park and Planning Headquarters in Silver Spring for ceremonies to “bury” the County’s Zoning Ordinance that was originally established in 1977. Earlier this year, we approved the first major revision to the ordinance in 37 years. The new regulations go into effect on October 30.

After we bury a copy of the hefty original zoning ordinance in Royce Hanson Park, we will unveil the slimmer, easier-to-navigate new ordinance in an interactive presentation.
           
We will celebrate the modernized code’s clarity and ease of use, which will encourage community engagement and foster innovation. Previously, only experts in land use generally could navigate the zoning ordinance, but now it will be easier for more people to get comprehensive information about every County property in an interactive, online format.

Since its establishment in 1977, the zoning ordinance has undergone more than three decades of piecemeal changes—all of which combined to create a disjointed system where antiquated, complicated rules made the zoning process difficult for individuals to understand. In a coordinated effort to address these issues, the Council, the Planning Board and staff members have spent about five years reviewing, streamlining and overhauling more than 400 land use categories, 123 zones and 1,200 pages of rules.

With more predictability in the system, businesses will be able to act more nimbly and be more responsive to community concerns. That’s good news in a County that has long been criticized for failing to support job creation.

The new zoning code has broader land use categories that are inclusive of an ever evolving marketplace. The rules help to promote smart growth principles with more density allowed in and around transit. In addition, residential uses are generally permitted in commercial zones, which will create more mixed-use developments.

The zoning code rewrite is one example of how the County’s land use evolution is entering an exciting stage of development. The current Council has devoted considerable time to land use issues, and during its four-year term has approved more master and sector plans than any other Council in recent memory.

In addressing master and sector plans around the County, the Council has focused on creating cutting-edge centers for innovation in areas that have historically been underutilized, like the White Oak area.

The revised zoning ordinance is now available at:
www.montgomeryplanning.org/development/zoning/documents/FULLCh_59withzta9.30.14_000.pdf .

Zoning Code Rewrite Finished

Today we finished our work on the first proposed major changes in the Zoning Ordinance since 1978. We had reserved additional time this afternoon, all day on Thursday and part of next Tuesday for worksessions if needed, but those sessions are now cancelled.

We took straw votes on many proposed revisions to the zoning ordinance, but those votes remain tentative decisions until our final, formal vote on a date to be determined in February.

If you have been following along, you know the PHED Committee held numerous worksessions over a six-month period in 2013 on revisions that were recommended by the Planning Board. The full Council held the first full-day worksession on proposed revisions yesterday.

You can view Council sessions on demand at County Cable Montgomery beginning the day after the meeting.

PHED Draft of Zoning Code Rewrite Now Available

The PHED Committee's draft of the Zoning Code Rewrite is now available on the Montgomery Planning Web site. This draft includes all the changes made by the PHED committee in addition to plain language edits, corrections, and clarifications. The full Council will hold worksessions to discuss the PHED draft on January 14, 15 and 16.

Zoning Code Rewrite Session 14

On Monday the PHED Committee will hold its second worksession to address issues raised at the November public hearings on the Zoning Code Rewrite. The session begins at 1:00, and you can follow along on County Cable Montgomery. Also, check out the recently revised FAQ page. To have your comments on the rewrite included in the public record, e-mail county.council@montgomerycountymd.gov.

Revised FAQ Page on Zoning Code Rewrite

If you still have questions about the Zoning Code Rewrite, check out the recently revised FAQ page. Here is just one example of what you can find there:

Q: Why are non-residential buildings allowed in R-60 and R-90 if they will introduce non-residential uses into single-family neighborhoods?

A: Non-residential buildings do not introduce non-residential uses into single-family neighborhoods. The uses that are allowed in a zone are determined by the Use Table in Section 3.1.6. Currently, in single family zones, the code allows for uses such as churches, day care facilities, non-residential offices, libraries, schools, etc. The provisions for nonresidential buildings will establish standards that do not currently exist for the buildings that contain these uses. These buildings would only be permitted if they contain a use that is legal, as outlined in Section 3.1.6. The purpose of creating the nonresidential building is to protect residential neighborhoods from the impacts of non-residential uses. For example, 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 density of uses located in non-residential buildings and requires increased street frontage, setbacks for parking lots, larger side setbacks from neighboring residential properties, and screening.

Zoning Code Rewrite Session 11

On Friday the PHED Committee will hold its eleventh worksession on the Zoning Code Rewrite. This will be the last worksession before the additional public hearing. Our agenda: wrap up.

The future schedule:

Before October 11: Complete PHED recommended text and map online and notice of November 12 public hearing

November 12 and 14: Council public hearing on PHED text and map recommendations

December 2 and 9: additional PHED worksessions to consider public hearing testimony

January: first Council worksession

To have your comments on the rewrite included in the public record, e-mail county.council@montgomerycountymd.gov.

Public Hearing on Zoning Code Rewrite Nov. 12 and 14

The County Council will hold a second public hearing on proposed changes to the County's Zoning Law starting at 7:30 p.m. on Tuesday, Nov. 12, and continuing on Thursday, Nov. 14. The hearing will address proposed changes to the law recommended by the County’s Planning Commission and by the Council's Planning, Housing and Economic Development (PHED) Committee. This hearing will give residents a further opportunity to comment on Zoning Text Amendment (ZTA) 13-04 and District Map Amendment (DMA) G-956.

The Council introduced the Planning Board’s recommendations on May 2 following years of the Planning Board’s extensive work and discussion with community groups and other stakeholders. The Council heard from more than 50 speakers at a public hearing on the Planning Board’s recommendations in January and has received extensive email and other correspondence from County residents as the committee continues to do its work.

The Zoning Law has not been comprehensively updated since 1977 and has grown to more than 1,200 pages over the last 30 years. The goal of the Rewrite is to reorganize and simplify the Zoning Code. Rewriting the code in plain language and reorganizing it into rational sections will enable residents to more easily participate in key land use decisions, and courts and agencies will have clearer rules to apply.

Although the County Charter calls for only one public hearing, the Council decided to hold a second public hearing because it recognizes the significance of the proposed text and map changes. Few changes are proposed for single-family residential properties, but non-residentially zoned properties and their neighbors could be affected. ZTA 13-04 would implement the text changes to the Zoning Law, and DMA G-956 would update the zoning for each property to apply a new zone. The proposed rezoning in DMA G-956 is designed to mirror each property's current zoning as much as possible.

Residents can see the proposed Zoning Rewrite, along with the tentative changes being considered by the PHED committee, at www.zoningmontgomery.org. Residents also will find an interactive map that enables users to determine the existing and proposed zoning for every property in the County. Clicking on a particular property will display the development standards (density, height limits and setbacks) for the existing and proposed zone.

To sign up to testify, call 240-777-7803 by 5 p.m. on Monday, Nov. 11. Sign-ups will begin on Thursday, Oct. 3. Spaces are limited. Written testimony or comments can be mailed to County Council / 100 Maryland Ave. / Rockville, Md. 20850 or emailed to all Councilmembers at county.council@montgomerycountymd.gov.

Zoning Code Rewrite Session 10

On Friday the PHED Committee will hold its tenth worksession on the Zoning Code Rewrite. Our agenda: wrap up, including any outstanding implementation issues.

The future schedule for the Committee work sessions is as follows:
September 27: wrap-up, continued if required

The future schedule for the Council work sessions is as follows:
October 11: complete PHED recommended text and map online and notice of November 12 public hearing
November 12: public hearing on PHED text and map recommendations
January: first Council worksession

To have your comments on the rewrite included in the public record, e-mail county.council@montgomerycountymd.gov.

Zoning Code Rewrite Session 14

On Monday the PHED Committee will hold a worksession to address issues raised at the November public hearings on the Zoning Code Rewrite. The session begins at 1:00, and you can follow along on County Cable Montgomery. Also, check out the recently revised FAQ page. To have your comments on the rewrite included in the public record, e-mail county.council@montgomerycountymd.gov.

Zoning Code Rewrite Session 8

On Friday the PHED Committee will hold its eighth worksession on the Zoning Code Rewrite. Our agenda: administration and procedures.

You may also be interested in the memo about affordable housing in the zoning code on our Web page dedicated to the rewrite. Also check out the FAQ section on that page. If you are looking for even more background information, see the overview or the interactive map where you can find out how proposed changes would affect your property.

The future schedule for the Committee work sessions is as follows:
September 17: unresolved issues from prior worksessions
September 20: wrap-up, including any outstanding implementation issues
September 27: wrap-up, continued if required

The future schedule for the Council work sessions is as follows:
October 11: complete PHED recommended text and map online and notice of November 12 public hearing
November 12: public hearing on PHED text and map recommendations
January: first Council worksession

To have your comments on the rewrite included in the public record, e-mail county.council@montgomerycountymd.gov.

Council to Hold Second Hearing on Zoning Code Rewrite

The Council has decided to hold a second public hearing on proposed changes to the County's Zoning Ordinance. The hearing will be held on a date to be determined once the Planning, Housing and Economic Development (PHED) Committee has completed its recommended draft of the document.

The PHED Committee held worksessions every week in June and July on the County Planning Board’s recommended Zoning Ordinance Rewrite and is continuing its work in September. We expect to recommend amending many aspects of the text and map, but until we complete our worksessions, our recommendations are tentative.

The Council introduced the Planning Board’s recommendations on May 2 following years of the Planning Board’s extensive work and discussion with community groups and other stakeholders. We heard from more than 50 speakers at a public hearing on the Planning Board’s recommendations in January and have received extensive email and other correspondence from County residents over the past several months.

The Zoning Ordinance hasn't been comprehensively updated since 1977 and has grown to more than 1,200 pages over the last 30 years. The goal of the Rewrite is to reorganize and simplify the Zoning Code. Rewriting the code in plain language and reorganizing it into rational sections will enable residents to more easily participate in key land use decisions, and courts and agencies will have clearer rules to apply.

Although the County Charter calls for only one public hearing, we decided to hold a second public hearing because we recognize the significance of the proposed text and map changes. There are few changes proposed for single-family residential properties, but non-residentially zoned properties and their neighbors could be affected. ZTA 13-04 would implement the text changes to the Zoning Ordinance, and DMA G-956 would update the zoning for each property to apply a new zone. The proposed rezoning in DMA G-956 is designed to mirror each property's current zoning as much as possible.

You can see the proposed Zoning Rewrite, along with the tentative changes being considered by the PHED committee, at www.zoningmontgomery.org. You also will find an interactive map that enables you to determine the existing and proposed zoning for every property in the County. Clicking on a particular property will display the development standards (density, height limits and setbacks) for the existing and proposed zone.

Further details on the hearing will be available shortly.

Zoning Code Rewrite Session 7

Tomorrow the PHED Committee will hold its seventh work session on the Zoning Code Rewrite. Our agenda: parking, signs and general development requirements.

You may also be interested in the memo about affordable housing in the revised zoning code on our Web page dedicated to the rewrite. Also check out the FAQ section on that page. If you are looking for even more background information, see the overview or the interactive map where you can find out how proposed changes would affect your property.

The future schedule for the Committee work sessions is as follows:
September 13--administration and procedures
September 20--wrap-up, including any outstanding implementation issues

To have your comments on the rewrite included in the public record, e-mail county.council@montgomerycountymd.gov.

Zoning Code Rewrite Session 6

Tomorrow the PHED Committee will hold its sixth work session on the Zoning Code Rewrite. Our agenda: floating zones.

You may also be interested in the memo about affordable housing in the revised zoning code on our Web page dedicated to the rewrite. Also check out the FAQ section on that page. If you are looking for even more background information, see the overview or the interactive map where you can find out how proposed changes would affect your property.

The future schedule for the Committee work sessions is as follows:

July 30--parking/signs (general development requirements) *
September 13--administration and procedures
September 20--wrap-up, including any outstanding implementation issues

To have your comments on the rewrite included in the public record, e-mail county.council@montgomerycountymd.gov.

* this meeting was originally scheduled for July 26

Zoning Code Rewrite Session 5

Tomorrow the PHED Committee will hold its fifth work session on the Zoning Code Rewrite. Our agenda: overlay zones.

We've just added a memo about affordable housing in the revised zoning code to our Web page dedicated to the rewrite. Also check out the FAQ section on that page. If you are looking for even more background information, see the overview or the interactive map where you can find out  how proposed changes would affect your property.

The future schedule for the Committee work sessions is as follows:

July 19--floating zones
July 26--parking/signs (general development requirements)
September 13--administration and procedures
September 20--wrap-up, including any outstanding implementation issues

To have your comments on the rewrite included in the public record, e-mail county.council@montgomerycountymd.gov.

Affordable Housing in the Revised Zoning Code

The proposed zoning code rewrite includes several elements that will preserve and expand the County's affordable housing goals. For example, existing C/R zones will have an added incentive to provide more than the required 12.5 percent of units as MPDUs. To learn more, see the Planning Department's memo on affordable housing in the revised zoning code. Get your comments included in the public record by e-mailing county.council@montgomerycountymd.gov.

Zoning Code Rewrite Session 4

Tomorrow the PHED Committee will hold its fourth work session on the Zoning Code Rewrite. Our agenda: Employment and Industrial zones.

To make sure you are able to follow along as we continue to work through the Zoning Code Rewrite, we now have a page dedicated to the rewrite where you can get all of the staff memoranda and watch recordings of earlier meetings. Best of all, there is now an FAQ section that answers the questions that have come up most often in testimony and communications from residents. If you are looking for even more background information, check out the overview or the interactive map where you can see how proposed changes would affect your property.

Zoning Code Rewrite Session 3

Tomorrow the PHED Committee will hold its third work session on the Zoning Code Rewrite. Our agenda: Commercial Residential (CR) zones.

To make sure you are able to follow along as we continue to work through the Zoning Code Rewrite, we now have a page dedicated to the rewrite where you can get all of the staff memoranda and watch recordings of earlier meetings. Best of all, there is now an FAQ section that answers the questions that have come up most often in testimony and communications from residents. If you are looking for even more background information, check out the overview or the interactive map where you can see how proposed changes would affect your property.

FAQs on Zoning Code Rewrite

Are you following the Zoning Code Rewrite? The Council now has a page dedicated to the rewrite where you can get all of the staff memoranda and watch recordings of earlier meetings. Best of all, there is now a FAQ section that answers the questions that have come up most often in testimony and communications from residents.

Zoning Code Rewrite Session 2

Tomorrow the Planning, Housing and Economic Development Committee will hold its second meeting on the Zoning Code Rewrite. On the agenda: rural and residential zones. We also will summarize the decisions the committee has made to date.

Remember, you can get the staff memorandum on Wednesdays before each Friday meeting online. Our meetings are open to public and televised live on County Cable Montgomery. You can also watch recordings of the meeting on demand on our Web site.