ZTA 08-11 Infill Development Legislation. Councilman Berliner introduced legislation to the Council on May 6, 2008 as Zoning Text Amendment 08-11 (ZTA 08-11) that will dramatically re-define County home remodeling and construction standards. This legislation was drafted with input from an Infill Development Task Force of 11 hand-picked residents from Bethesda and Chevy Chase. The legislation will impact all home improvements in the entire County. A public hearing is scheduled for June 17th at 7:30 pm in the Stella B. Werner building at 100 Maryland Avenue in Rockville. Residents are encouraged to attend the hearing and provide their opinion prior to the meeting via email to county.council@montgomerycountymd.gov. Highlights of this ZTA are as follows:

• The allowed building footprint will be reduced throughout the County. This impact will be particularly felt on lots 6,000 or less where the reduction is 17%. This reduction will dramatically alter design of additions and new homes, especially on the first floor. Task force participants were shown how this restriction will likely eliminate first floor owner's bedrooms, kitchen expansions, home offices living rooms, and 2-car garages.
• For example: on a 6,000 square foot lot the property owner can currently build a new home of 3,700 square feet after deducting for a garage. The proposed legislation will reduce this to 3,100 square feet.
• The task force was provided with evidence that if future home improvements are restricted in size, they will be worth less than an existing improvement that is larger; thereby devaluing properties for anyone buying or selling properties.
• Height in the R-200 zone will be significantly reduced by as much as 30%.
• The Building Restriction Line method of calculation is being clarified so that it meets the original intent of this existing regulation.
• The sloping lot exemption will be clarified by the County at a future date so that properties that have excessive slopes are not unfairly penalized when calculating stories.
• Existing homes that are destroyed by fire or other acts of God will not be able to be rebuilt to their pre-existing size.
• The ZTA will go into effect 20 days after Council adoption. If a homeowner is in the design process but has not filed a building permit before the effective date then they will be required to redesign to the new regulations. Such a dramatic change in zoning regulations typically allows for a longer transition period.

To view the legislation as proposed click here.

To review minutes of Infill Task Force meetings, click here.


Bill 15-08 Notification. Councilman Berliner introduced legislation to the Council on May 6, 2008 as Bill 15-08 that will require all homeowners to notify all adjacent and confronting property owners of their intention to file a building permit at least 30 days prior to filing a building permit. This legislation was drafted with input from an Infill Development Task Force of 11 hand-picked residents of Bethesda and Chevy Chase. A public hearing is scheduled for June 17th at 7:30 pm in the Stella B. Werner building at 100 Maryland Avenue in Rockville. Residents are encouraged to attend the hearing and provide their opinion prior to the meeting via email to county.council@montgomerycountymd.gov. Key aspects of this Bill are:

• Bill will apply to all home improvements in the County that exceed 200 square feet.
• All homeowners must contact their citizen association at least 30 days prior to filing a building permit and request any voluntary community design guidelines.
• These notifications must include information concerning the size, height, setbacks, and exterior design.
• The homeowner must submit a signed and notarized affidavit to the County confirming that notification was made when submitting a building permit.

The view the legislation as proposed click here.

Town of Chevy Chase Adopts New Building Regulations Ordinance

The Town of Chevy Chase has enacted a new building regulations ordinance which places limits on home remodeling and construction in the town. The major change from the previous building regulations ordinance is the establishment of a Floor Area Ratio (FAR) of 0.5 for all lots less than 12,000 square feet.  FAR ties the total allowable square footage of a house (including all levels) to the square footage of the lot the house is on, e.g. with a FAR of 0.5 the maximum square footage of a house on a 8000 square foot lot is 4000 square feet. 

On April 16 the Town Council voted unanimously to adopt an amended building regulations ordinance that will take effect May 17. 

The major provisions of the final ordinance are:

• FAR of 0.5 for all construction.
• Minimum allowable buildable square footage of 3000.
• For lots over 12,000 square feet, the FAR is 6000 square feet plus .25 times the amount of lot square footage in excess of 12,000 square feet.
• For existing homes, remove existing attic and basement/cellar space from calculation of gross floor area.
• For new houses and additions, include any new attic space in the gross floor area calculation. 
• For new houses and additions, do not include basement/cellar space in the calculation of gross floor area.
  240 square feet of an accessory building are exempt from gross square footage. 
• No wall plane length shall be greater than 34 feet without an offset of at least 2 feet deep and 5 feet long on the front, sides and rear of the houses. 
• No wall plane height shall be greater than 36 feet.
• House height shall be reduced by two feet from the County limits unless the houses on the block are higher when an established building height is used.  If the height of an existing main building exceeds the limits in the ordinance, an addition to the main building shall not exceed the height of the existing building. 
• Non-vegetative surfaces in front yards are limited to 35% coverage. The border streets of East-West Highway, Connecticut Avenue and Bradley Lane are exempt from this provision.
• Driveways may be no more than 10 feet wide up to the front building line.  Driveways may be wider past the front building line.   The border streets of East-West Highway, Connecticut Avenue and Bradley Lane are exempt from this provision.  A driveway that is wider than 10 feet may be replaced or repaired provided that there is no increase in its width. 
• Only one 9 foot wide door for a front loading garage is allowed.
• Front loading garages shall be set back or forward a minimum of 3 feet.

For more information, visit www.townofchevychase.org or contact the Town Office at 301-654-7144.

Neighborhood Building Update - January, 2008

Renewing Montgomery is a communications initiative started by a group of independent neighborhood builders in Montgomery County, Maryland, to improve the dialogue among homeowners, neighbors, and homebuilders on issues relating to home construction and remodeling in established neighborhoods. Updates on 3 key issues relating to neighborhood or “infill” building are provided below...More

Property Rights – Pending Legislation...More

Habitat for Humanity – Montgomery County www.habitat-mc.org

Second Chance Building Materials Re-Use www.secondchanceinc.org