You are viewing an archived code
A special exception may be granted for an accessory apartment on the same lot as an existing one-family detached dwelling, subject to the following standards and requirements:
(a) Dwelling unit requirements:
(1) Only one accessory apartment may be created on the same lot as an existing one- family detached dwelling.
(2) The accessory apartment must have at least one party wall in common with the main dwelling on a lot of one acre (43,560 square feet) or less. On a lot of more than one acre, an accessory apartment may be added to an existing one-family detached dwelling, or may be created through conversion of a separate accessory structure already existing on the same lot as the main dwelling on December 2, 1983. An accessory apartment may be permitted in a separate accessory structure built after December 2, 1983, provided:
(i) The lot is 2 acres or more in size; and
(ii) The apartment will house a care-giver found by the Board to be needed to provide assistance to a senior adult, ill or disabled relative of the owner-occupant.
(3) An addition or extension to a main dwelling may be approved in order to add additional floor space to accommodate an accessory apartment. All development standards of the zone apply. An addition to an accessory structure is not permitted.
(4) The one-family detached dwelling in which the accessory apartment is to be created or to which it is to be added must be at least 5 years old on the date of application for special exception.
(5) The accessory apartment must not be located on a lot:
(i) That is occupied by a family of unrelated persons; or
(ii) Where any of the following otherwise allowed residential uses exist: guest room for rent, boardinghouse or a registered living unit; or
(iii) That contains any rental residential use other than an accessory dwelling in an agricultural zone.
(6) Any separate entrance must be located so that the appearance of a single-family dwelling is preserved.
(7) All external modifications and improvements must be compatible with the existing dwelling and surrounding properties.
(8) The accessory apartment must have the same street address (house number) as the main dwelling.
(9) The accessory apartment must be subordinate to the main dwelling. The floor area of the accessory apartment is limited to a maximum of 1,200 square feet. The 1,200 square feet limitation does not apply to an accessory apartment located in a separate existing accessory structure located on the same lot as the main dwelling. The maximum floor area for a separate existing accessory structure must be less that 50 percent of the total floor area of the main dwelling, or 2,500 square feet, whichever is less.
(b) Ownership requirements:
(1) The owner of the lot on which the accessory apartment is located must occupy one of the dwelling units, except for bona fide temporary absences not exceeding 6 months in any 12-month period. The period of temporary absence may be increased by the Board upon a finding that a hardship would otherwise result.
(2) Except in the case of an accessory apartment that exists at the time of the acquisition of the home by the applicant, one year must have elapsed between the date when the owner purchased the property (settlement date) and the date when the special exception becomes effective. The Board may waive this requirement upon a finding that a hardship would otherwise result.
(3) Under no circumstances is the owner allowed to receive compensation for the occupancy of more than one dwelling unit.
(4) For purposes of this section, “owner” means an individual who owns, or whose parent or child owns, a substantial equitable interest in the property as determined by the board.
(5) The restrictions under (1) and (3) above do not apply if the accessory apartment is occupied by a senior adult who has been a continuous tenant of the accessory apartment for at least 20 years.
(c) Land use requirements:
(1) The minimum lot size is 6,000 square feet, except where the minimum lot size of the zone is larger. A property consisting of more than one record lot, including a fraction of a lot, is to be treated as one lot if it contains a single one-family detached dwelling lawfully constructed prior to October, 1967. All other development standards of the zone must also apply, including setbacks, lot width, lot coverage, building height and the standards for an accessory building in the case of conversion of such a building.
(2) An accessory apartment must not, when considered in combination with other existing or approved accessory apartments, result in an excessive concentration of similar uses, including other special exception uses, in the general neighborhood of the proposed use (see also Section 59-G-1.21(a)(7) which concerns excessive concentration of special exceptions in general).
(3) Adequate parking must be provided. There must be a minimum of 2 off-street parking spaces, unless the Board makes either of the following findings:
(i) More spaces are required to supplement on-street parking; or
(ii) Adequate on-street parking permits fewer off-street spaces.
Off-street parking spaces may be in a driveway but otherwise must not be located in the yard area between the front of the house and the street right-of-way line.
(d) Data to accompany application. The Board may waive for good cause shown any of the data required to accompany an application for special exception upon written request of the applicant. The Board may accept plans or drawings prepared by the applicant so long as they are substantially to scale and provide information the Board determines is adequate.
(e) Any accessory apartment approved by the Board between December 2, 1983, and October 30, 1989, in accordance with the standards in effect during that period, is a conforming use and it may be continued as long as the accessory apartment complies with the conditions imposed by the Board and all provisions of Division 59-G-1.
(f) Notice by sign required for continuation of use by new property owner. If a new property owner applies to continue an existing accessory apartment as a minor modification, a sign giving notice of the application must be erected and maintained as required by Sec. 59-G-1.3(c).
(Legislative History: Ord. No. 10-13, § 11; Ord. No. 10-37, § 1; Ord. No. 10-38, § 1; Ord. No. 11-61, §§5, 6; Ord. No. 12-1, § 1; Ord. No. 12-54, § 2; Ord. No. 13-3, § 1; Ord. No. 13-34, § 1; Ord. No. 14-47, § 1; Ord. No. 15-17, § 1; Ord. No. 15-33, § 2; Ord. No. 17-28, § 6.)
Editor's note—Section 59-G-2.00 is quoted and cited in Grand Bel Manor Condominium v. Gancayco, 167 Md. App. 471, 893 A.2d 1144 (2006).
See County Attorney Opinion dated 9/3/03 discussing accessory apartments.
Section 2 of Ord. No. 12-54 purported to amend section 59-G-2.00 by adding subsection (k); however, the editor designated subsection (k) as (h) as subsection (g) was the last subsection entry in this section.