Microsoft Word - Fact Sheet 9.26.16

DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

Division of Finance and Administration

1401 Rockville Pike, 4th Floor • Rockville, Maryland 20852 • 240-777-0311 • 240-777-3699 FAX • www.montgomerycountymd.gov/dhca

Asse

Management Grants Administration Managemen

Services

Licensing and Registration

montgomerycountymd.gov/311 240-773-3556 TTY

Isiah Leggett

County Executive

Clarence J. Snuggs

Director

CLASS 3 ACCESSORY APARTMENT

FACT SHEET

Owners of Single Family detached homes in Montgomery County* may be permitted to create

and rent a Class 3 Accessory Apartment in their home if they follow a few basic procedures. A Class 3

Accessory Apartment is a second dwelling that is part of (but subordinate to or on the same lot as) an

existing one-family detached home and has its own provisions for cooking, eating, sanitation and

sleeping. A license is issued by the Department of Housing and Community Affairs for an accessory

apartment that does not require a special exception. Accessory Apartment units must be in compliance

with requirements of Montgomery County Code: Chapter 59-Zoning Ordinance, Chapter 26-Housing

Standards, Chapter 29-Landlord/Tenant Relations, and all applicable laws.

Accessory Apartment Requirements

Before offering an Accessory Apartment for rent, an owner must first obtain a rental license from

Montgomery County Department of Housing and Community Affairs. An owner, who operates a rental

facility without first obtaining a license, may be subject to a $500 civil citation. Properties with well

and/or septic must contact Department of Permitting Services (DPS) at 240-777-0311 to make sure it

meets required code for total individuals living at your accessory apartment dwelling unit property. A

photocopy of the document you receive from DPS must accompany your application.

The Existing Single-Family Dwelling Must:

 Be a Single Family Detached Home – no townhouses, duplexes or mobile homes.

 Be owner occupied.

 Be at least 5 years old as of the date of the application.

 Be [attached] located in the RE-2, RE-2C, RE-1, R-200, RC, RMH-200, and R-150

zones is located at least 500 feet from any other approved or pending accessory apartment,

measured in a line from side lot line to side lot line along the same block face.

 Be [attached] located in the R-90

(including Plan Development zones), R-60, RNC, PD2,

PD3, and PD2-2 zones is located at least 300 feet from any other approved or pending accessory

apartment, measured in a line from side lot line to side lot line along the same block face.

 Be [detached] located in the RE-2, RE-2C, and RE-1 zones is located a minimum distance of 500

feet from any other approved or pending accessory apartment, measured in a line from side lot

line to side lot line along the same block face.

 Zone R-40 accessory apartment is not allowed for licensing nor conditional use.

 Have on-site parking provided in addition to any required on-site parking for the principle

dwelling. See Class 3 Accessory Check List for specifics on required square footage of

driveway.



Complete separation of units is required (from main house to accessory apartment). Have

a separate entrance located so that the appearance of a one-family home is preserved.

The Accessory Apartment Must:

 Be less than 50 percent of the total net gross floor area in the principal dwelling; or 1200 square

feet, whichever is less. The maximum net gross floor area for an addition is 800 square feet.

 Be internal to the existing home (unless the lot is larger than 1 acre and is in the required zone).

 Have the same address as the main house.

 Be the only additional living unit or residential use on a lot or parcel. No other tenants or

registered living unit permitted.

 Be in compliance with all applicable laws.

LICENSING PROCESS FOR CREATING A CLASS 3 ACCESSORY APARTMENT

To create a Class 3 Accessory Apartment to be offered for rent, an owner-occupant must:

1. Apply for the license through Montgomery County Department of Housing and Community

Affairs, Licensing and Registration Unit, 1401 Rockville Pike, 4

Floor, Rockville,

Maryland 20852, 240-777-0311.

2. Once the Licensing Office has received your application, Licensing will review for

completeness within 5 days of receipt.

3. Department will send written notification of the application acceptance or will return the

application and all fees with a written explanation regarding missing documents.

4. OZAH Hearing Examiner will receive a copy of the application with documents of

acceptance of the application.

5. Department will post the information on the website and map of accessory apartment.

6. Owner must post the public notice sign on yard within 5 days of acceptance of the

application by the Department and remain posted for 30 days after the issuance of the

Director’s findings.

7. Licensing will review the application for compliance with zoning ordinances and the

Housing Code Enforcement will inspect for compliance with housing code and zoning

standards.

8. The Director will issue a report on the findings of the Licensing review and Housing Code

inspection.

9. A license will be issued or denied 30 days after the issuance of the Directors report.

10. Sign must be returned within 15 days after the end of the posting period.

11. Contact your homeowners’ association or see your association’s covenants for their rules

and regulations regarding an accessory apartment.

12. Changes in information provided on the original Accessory Apartment application must be

reported to the Department of Housing and Community Affairs, Licensing/Registration

Unit immediately.

13. If your property denied after the inspection for a Class 3 Accessory Apartment, you can

object with The Office of Zoning and Administrative Hearings by calling 240-777-6660 or

100 Maryland Avenue, Room 200, Rockville, MD 20850. If you know before applying for

the Class 3 Accessory Apartment that your parking and/or zone requirements would not

pass, you may request a referral from the Licensing and Registration Unit to The Office of

Zoning and Administrative Hearings for a conditional use. Call the Licensing and

Registration Unit for more information or to obtain a referral at 240-777-0311.

*Note: Requirements as outlined in Zoning Ordinance Section 59-G-2.00 do not apply to properties within the incorporated Municipalities of

Barnesville, Gaithersburg, Laytonsville, and Rockville. For further information, contact your local municipality.

Fact_Sheet.pdf (09/26/2016)