MC Council - Council News

ROCKVILLE, Md., October 26, 2010—The Montgomery County Council today approved Zoning Text Amendment (ZTA) 09-03 whose provisions include limiting parking in the front yards of properties in many neighborhoods. Among the aims of the legislation, which does not impact the number of vehicles that can be parked in back yards, was to better enforce home business provisions.

After a three-hour discussion, the Council approved ZTA 09-03 by a 6-3 vote. Councilmembers Phil Andrews, Roger Berliner, Marc Elrich, George Leventhal, Nancy Navarro and Duchy Trachtenberg voted to approve the ZTA. Councilmembers Valerie Ervin, Nancy Floreen and Mike Knapp were opposed.

The ZTA sought to prohibit excessive parking on front yards. It also:

Requires home business operators to prove that they live where the business is taking place
Makes the current limits on home business trips more enforceable

The County has received complaints from homeowners that feel that excessive numbers of vehicles parked on the front lawns of certain homes and abuses of the home occupation provisions negatively affect the residential character of a neighborhood.

ZTA 09-03 was proposed by County Executive Isiah Leggett two years ago based on recommendations from a Code Enforcement Work Group he appointed to review a number of housing and zoning code issues that, in combination or alone, were causing adverse impacts and public safety issues in residential neighborhoods—particularly in the small-lot zones.

“This Zoning Text Amendment is the result of three years of collaborative work to establish common-sense, clear measures designed to preserve older residential neighborhoods that do not have homeowners associations,” said Councilmember Elrich, who has been one of the chief supporters of the legislation. “It will enhance public safety and ‘curb appeal’ in these neighborhoods while continuing to provide an opportunity for homeowners to conduct business from their homes.”

After a warning period, continued violators of the new regulations will face citations and fines. The Department of Permitting Services will enforce aspects of the law regarding home-based businesses, including an aspect of the ZTA that requires a person conducting a home-based occupation to prove that they live at the home. The regulations will go into effect April 24, 2011; however, over parking must cease by Oct. 24, 2011.

Property owners could be fined up to $500 per day for each day they are found to be in violation.

The ZTA limits the amount of parking on a front yard based on its zone. In R-200, R-150 and R-90 zones, vehicles can only be parked on 30 percent of the front yard. In the R-60 and R-40 zones, vehicles can only be parked on 35 percent of the front yard. However, on lots on major streets, vehicles can be parked on 50 percent of the front yards of residences. The Department of Permitting Services is allowed to waive these requirements if necessary for public safety.

Properties that have front yards that already have a greater percentage of pavement than will be allowed do not have to remove the pavement, but cannot expand that area. After Oct. 24, 2011, those properties will be limited to parking cars only on the percentage of lot area allowed by the ZTA.

The ZTA requires at least 160 square feet of surface area per vehicle parked in a front yard. All lots are allowed a minimum of 320 square feet of area for parking in the front yard (enough for two cars) without regard for these percentage limits.

The ZTA allows one light commercial vehicle including tow trucks that are less than 10,000 pounds gross vehicle weight, shorter than 21 feet long and lower than 8 feet high to be parked on residentially zone lots.

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