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ZTA 19-01 --ACCESSORY DWELLING UNITS IN “SMALL LOT” RESIDENTIAL ZONES [R-60 AND R-90]

Current Zoning Code1 ZTA 19-01 - Riemer Proposal2 D.C. Regulations for ADUs3

All ADUs Limited Use -- Requirements: Limited Use -- Requirements Permitted Subject to
Following Conditions
Must be subordinate to principal dwelling Same Same

Only one attached accessory apartment per lot. Same Same

If not approved as a special exception before 5/20/13, Same N/A


ADU must be licensed by Department of Housing and
Community Affairs.

Must have same street address as principal dwelling; Same No address requirement.

Must have one on-site space for ADU or two on-site Deleted. Total of two spaces for both the No parking requirement.
spaces for ADU if new driveway is constructed principal dwelling and the ADU required.
for the ADU

Maximum gross floor area including any cellar floor Maximum habitable floor area, including floor See gross square floor area limitations for
area used for the ADU is the lesser of 50% of the total area used for ADU in basement or cellar, attached ADU below. No maximum gross
floor area in the principal dwelling house including any limited to 50% of total floor area of principal floor area limits for detached ADUs.
floor area used for an ADU in the cellar, or 1,200 sq. dwelling, including any floor area used for an
ft., whichever is less. ADU in the cellar of the principal dwelling..

Owner of site of the ADU must live on the Principal dwelling or ADU must be primary Owner must live in either principal dwelling
site in either the principal dwelling or the ADU. residence of owner/applicant only if ADU is or ADU.
a rental.

No more than two adults may occupy an ADU. [No Same. No more than three persons may occupy the
restriction on number of children occupying the ADU.] ADU in certain zones; no more than six
persons in principal dwelling and ADU
combined in other zones.

May not be located on a lot with an allowed ADU may not be located on lot where a short No restriction. Owner-occupied dwelling
residential rental. term residential rental exists or is licensed. may be rental subject to residential rental
licensing requirement.

1
Source: Montgomery County Zoning Ordinance, Ch. 59, Sec. 3.3.3.
2
Source: County Council Staff Memo (Jeffrey Zyontz, Senior Legislative Analyst, 1/11/19).
3
Source: D.C. Code, Subtitle U, Section 253.
Attached ADUs If the ADU is constructed as an addition that increases Deleted. No limit on square feet of addition to ADU may not occupy more than 35% of the
the footprint of the principal dwelling, then maximum principal dwelling for ADU. gross floor area of the house.
floor area cannot exceed 800 sq. ft.

Must be subordinate to the principal dwelling Same. Same.

In the RNC, R-90 and R-60 zones, the ADU must be Deleted. No spacing requirements.
located at least 300 feet from any other attached or
detached ADU along the same block face.

A separate entrance must be located on the side or rear An ADU must have a separate entrance. Detailed entrance requirements for
of the principal dwelling, or at the front of the dwelling [Specific requirements for entrance deleted.] various residential zones.
if the entrance either existed before 5/20/13 or the
door is for both the principal dwelling and the ADU..

The detached house in which the ADU is located must be atDeleted. No requirement.
least five years old.

Minimum square footage of principal dwelling – None None. Minimum square footage of principal dwelling
ranges from 1,200 to 2,000 square feet
depending on the zone.

ADUs allowed in cellara but not in basements.. Allowed in basements as well as cellars. Same.

Detached ADUs Minimum lot size is one acre. ]DETACHED ADUS Deleted. No minimum lot size requirement. No minimum lot size.
ARE NOT CURRENTLY ALLOWED IN R-60 OR [DETACHED ADUs WOULD BE
R-90 ZONES.] ALLOWED IN R-60 AND R-90 ZONES.]
.

Must be subordinate to the principal dwelling. Same. Same. Also, detached ADU cannot be used
simultaneously for use other than as a
private vehicle garage, an artist studio, or
storage for the principal dwelling.

If built after 5/30/12, must have the same minimum side Same. However, ZTA specifically provides No setback requirements.
yard setbacks as the principal dwelling, and a minimum That a detached ADU built before 5/12/12 can
rear set back of 12 feet unless more restrictive setbacks be used as accessory use without regard to
are required. setbacks.

Entrance requirements - None None. Detailed entrance requirements for various zones,
but entrance must provide permanent access.