County Zoning Code's Overhaul Wins Approval

An overhaul of Montgomery County’s zoning code that took five years to complete was approved this week by the County Council, and is billed as the most comprehensive update to the code in more than 30 years.

Since the last major update to the zoning code in 1977, the county has grown and changed substantially and many of the zoning laws have become out of date, according to the planning department. 

"Piecemeal updates to the code over the last several decades have resulted in a document with more than 1200 pages, more than 120 zones, more than 400 footnotes, and many confusing and sometimes contradictory provisions," the department said last month.

The new code will shape a less car-dependent county where residents walk more, drive less and use mass transit, The Washington Post says. In some areas, the required number of parking spaces for new businesses or office buildings has been reduced. In an attempt to limit sprawl, new zoning categories allow residential construction in some commercial areas, a move away from the strip malls of past decades.

Council member Marc Elrich (D-At Large), the only vote against the new code, said neighborhood shopping strips could grow unacceptably dense and high under the new code. Elrich also said the new code does not press developers for sufficient amenities in exchange for being able to build bigger and taller, according to the newspaper.

One popular item removed from the overhaul: a measure to allow chicken coops within 15 feet of property lines in residential neighborhoods. The idea was scratched after health officials raised concerns about the risk of people becoming infected by salmonella.

The council will continue to tweak agriculture zoning and set Oct. 30 as the date to allow for other changes­ if necessary, the Post says. During that time, a new zoning map — necessary to implement the revised code — will be drafted.

"I am very pleased with the thoughtful and thorough action of the council on the zoning rewrite," Planning Board Chair Francoise Carrier said last month in a Patch story. 

The Montgomery County Council tasked the planning department with rewriting the zoning code in 2007 with the following basic goals in mind:

• Simplify and consolidate.
• Improve clarity and consistency.
• Accommodate changing markets and demographics, while protecting established neighborhoods.
• Reflect more sustainable policy goals.
• Provide the tools to shift from greenfield development to infill, mixed-use development. 

Learn more about the Zoning Rewrite Project.