Amends the County ethics law to
conform to a State Ethics Commission requirement and clarify and
update other provisions of the County law -
Bill 27-09
Enacted - LMC 2010 - Ch. 5
_________________________________
Ethics - Ex Parte Communications
Further defines which communications
are allowed when a decision must be made on the basis of a hearing
record; and generally amend the County law regarding communications
to decision-makers -
Bill 12-09
Enacted - LMC 2010 - Ch. 4
_________________________________
Buildings - Energy Efficiency - Deferral
Defers the effective date for
requiring that certain residential buildings meet certain Energy
Star standards - Expedited Bill
44-09
Enacted - LMC 2009 - Ch. 32
_________________________________
Property Tax Credit - Renewable Energy - Annual Aggregate Limit
Amends the annual aggregate limit for
the property tax credit for solar and geothermal energy devices and
energy conservation devices; and generally amends law relating to
renewable energy property tax credit -
Bill 39-09
Requires certain eating and drinking
establishments to post certain nutrition information on menu boards
and menus Bill 19-07
Enacted - LMC 2009 - Ch. 29
_________________________________
Unused Vehicles - Storage
Amends the definition of rubbish in Chapter
26; limits the storage of unused vehicles on residential property;
and generally amends County law governing the storage of unused
vehicles - Expedited Bill
23-09
Enacted - LMC 2009 - Ch. 25
_________________________________
New Construction - Deferral
Authorizes the deferral of
certain permit, inspection, license, and engineering fee payments
for a certain period; extend the time for abandonment of a building
permit; extend the time for recording an initial building
inspection; and generally amend the laws regarding permits and
related fees - Expedited Bill
5-09
Enacted - LMC 2009 - Ch. 10
_________________________________
Local Small Business Reserve Program
Increases the minimum percentage
of the combined dollar value of certain contracts that each using
department must award to local small businesses - Expedited
Bill 3-09
Enacted - LMC 2009 - Ch. 9
Finance - Spending Disclosure
Requires the County to develop and
operate a website that includes information on certain County
payments to contractors and grantees; providing guidelines for
public access to the information on the website; and generally amend
the County law governing public access to information and county
payments. Bill 1-09
Prohibits the Director of Permitting Services
from issuing a building permit if land was cleared in violation of
the forest conservation law, and allows an aggrieved party to file a
private civil action to enforce the forest conservation law
Expedited Bill 14-07
Prohibits the parking of commercial vehicles,
buses, and recreational vehicles in certain areas and generally
amends the law regarding vehicle parking
Bill 27-08
Allows the Director of the Department of
Housing and Community Affairs to set aside certain
specially-equipped moderately priced dwelling units for eligible
people with disabilities, and repeals the authority of the Director
to allow an applicant to pay into the Housing Initiative instead of
building some or all of the required moderately priced dwelling
units in a proposed subdivision
Bill 13-07
Allows the Director of Transportation to waive
certain restrictions on transfer of certain taxicab licenses from
taxicab fleets to individual drivers; subjects the creation of a
security interest in a taxicab to the Maryland Uniform Commercial
Code (UCC), and generally amends the law governing issuance and
transfer of taxicab licenses
Expedited Bill 30-08
Amends the law allowing a property tax credit
in arts and entertainment districts to conform to State law,
clarifies that the property tax credit applies to the portion of a
building that is used by a qualifying residing artist or arts and
entertainment enterprise, and generally amends County law regarding
arts and entertainment districts
Bill 13-08
Enacted LMC 2008 Chap. 26
Consumer Protection Energy and
Environmental Advocacy
Requires the Office of Consumer Protection to
represent the Countys interest in obtaining the lowest possible
rates consistent with environmental stewardship for gas,
electricity, and other energy sources by participating in matters
pending before appropriate federal and state agencies
Bill 35-07
Enacted LMC 2008 Chap. 12
Planning Procedures
Greenhouse Gas Emissions
Requires the Montgomery County Planning Board,
when preparing certain plans, to assess a plans potential impact on
greenhouse gas emission in the County and consider options that
would minimize those emissions
Bill 34-07
Enacted LMC 2008 Chap. 11
Renewable Energy
Requires the Director of the Department of
Environmental Protection to develop a Renewable Energy Action Plan
after evaluating options for increasing the use of renewable energy
in and by the County, including the feasibility of creating a
Sustainable Energy Utility, prohibits enforcement of certain deed
restrictions, covenant, rules, or regulations relating to renewable
energy devices, and creates a property tax credit for installation
of certain renewable energy devices
Bill 33-07
Enacted LMC 2008 Chap. 10
Environmental Sustainability Climate
Protection Plan
Establishes goals to reduce Countywide
greenhouse gas emissions by certain amounts, requires the Director
of the Department of Environmental Protection to prepare a Climate
Protection Plan designed to achieve Countywide goals for greenhouse
emissions, requires the Directors of the Department of Environmental
Protection and Department of Finance to evaluate the costs and
benefits of converting the fuel energy tax to a carbon tax, and
requires the Director of the Department of Environmental Protection
to recommend whether the County should join a cap and trade program
Bill 32-07
Enacted LMC 2008 Chap. 9
Real Property Energy Performance Audits
Requires that a home energy audit be conducted
as part of a home inspection completed in connection with the sale
of a single-family residential building
Bill 31-07
Enacted LMC 2008 Chap. 8
Buildings Energy Efficiency
Requires certain commercial, multi-family
residential, and single family residential buildings to meet certain
Energy Star standards, requires the Director of the Department of
Public Works and Transportation to develop an energy baseline,
energy unit savings plan, and energy cost savings plan for each
County building, and requires a building owner to pay an
Environmental Sustainability Fee if the building does not comply
with certain energy efficiency and environmental design standards
Bill 30-07
Enacted LMC 2008 Chap. 7
Environmental Sustainability Climate
Protection Motor Vehicles
Requires certain County vehicles to use
biodiesel fuel, requires the Director of the Department of Public
Works and Transportation to conduct an annual inventory of sport
utility vehicles in the County fleet, requires certain fuel
retailers to sell low carbon fuel within a certain time after the
Director of the Department of Environmental Protection finds that
the fuel is widely available in the County; and requires the
Director of the Department of Human Resources to prepare a
Telecommuting Action Plan
Bill 29-07
Increases the percent of assessment for
personal property tax purposes of certain machinery or equipment
used to generate electricity, steam for sale, or hot or chilled
water for sale that is used to heat or cool a building
Expedited Bill 5-08
Requires certain material distributed in
connection with the sale of residential real property to disclose
the amount of property tax a buyer would be obligated to pay after
purchase Bill 24-07
Prohibits discrimination in housing,
employment, public accommodations, cable television service, and
taxicab service on the basis of gender identity
Bill 23-07
Increases the rate by $3.10 per every $1000 of
sale price above $500,000, with the additional revenue divided
equally between rental assistance programs for low and moderate
income tenants, and County government capital projects such as
roads, libraries, and police/fire stations
Bill 11-07
Increases the tax rate by 125%, increases the
large-house surtax from $1.00 to $2.00 per square foot, and applies
the large large-house surtax to single-family dwelling units larger
than 3500 square feet up to 8500 square feet
Bill 10-07
Requires sellers of real property in
Agricultural Zones to notify potential buyers that state and county
laws protect owners and operators of agricultural uses from certain
lawsuits Bill 12-07
Requires the owner of mobile home park to give the County, the Housing
Opportunities Commission, and any tenant organization an opportunity
to
buy the mobile home park before it is sold to another person
Bill 18-07
Requires the owner of certain rental housing
built after a certain date to give the County, the Housing
Opportunities Commission, and any tenant organization the right to
buy the rental housing before it is sold to another person
Bill 7-07
Clarifies the types of individuals with
disabilities who are eligible for tenancies when certain rental
housing is converted to condominiums
Bill 1-07
Enacted LMC 2007 Chap. 4
ZONING TEXT
AMENDMENTS/SUBDIVISION
REGULATION AMENDMENTS
Commercial Residence (CR) Zones
Establish Commercial/Residential
(CR) zones; and establishes the intent, allowed land uses, development
methods, general requirements, development standards, density
incentives and approval procedures under the Commercial/Residential zones
- ZTA 09-08
Enacted - Ordinance No. 16-44
_________________________________
Hearing Examiner - Report Dissemination
Amends the dissemination requirements
for reports and recommendations from the Hearing Examiner -
ZTA 09-14
Enacted - Ordinance No. 16-43
_________________________________
Rural Service (RS) Zone - Development Standards
Exempts pre-existing lots or parcels
in the Rural Service zone from minimum footage requirements -
ZTA 09-12
Enacted - Ordinance No. 16-42
_________________________________
Burtonsville Overlay Zone - Allowed Uses
Amends
the land uses allowed in the Overlay zone; and generally amends the
Overlay zone for the Burtonsville Employment Area of the Fairland
Master Plan - ZTA 09-05
Enacted - Ordinance No. 16-41
_________________________________
Sandy Spring/Ashton Overlay Zone - Prohibited Uses
Amends the prohibited land uses in
the Sandy Spring/Ashton Rural Village Overlay Zone -
ZTA 09-01
Enacted - Ordinance No. 16-40
_________________________________
Town Sector (TS) Zone - Minimum Area
Allows, under certain
circumstances, a reduction in the land area required for land
currently zoned TS -
ZTA 09-06
Enacted - Ordinance No. 16-39
_________________________________
Zoning Text Amendment - Special Provision - Parcel Consolidation
Amends the
Zoning Ordinance to allow 2 or more tracts of land created by deed
or plat before June 1, 1958 to be consolidated by record plat into 1
buildable lot without regard to the width and size requirements of
the underlying zone, if the tracts of land are under common
ownership, and a habitable one-family dwelling crossed a property
line created by a deed or plat -
ZTA 09-02
Enacted - Ordinance No. 16-37
_________________________________
Adequate Public Facilities - Validity Period
Extends the standard validity
period for a determination of adequate public facilities under the
subdivision regulations from 5 to 7 years and extend by 2 years the
validity period of any preliminary subdivision plan approved since
January 1, 2004 - SRA 09-01
Enacted - Ordinance No. 16-35
Wheaton Central Business Districts
Amendment revising the boundaries of
the Wheaton Central Business District -
ZTA 08-17
Allows certain preliminary plans to exceed
density or building height limits to permit the construction of all
Workforce Housing units on-site; and generally amends provisions
relating to preliminary plans
SRA 08-04
Allows certain development plans or project
plans to exceed density or building height limits to permit the
construction of all Workforce Housing units on-site and generally
amends provisions relating to Development Plans and Project Plans
ZTA 08-16
Establishes a Transit Mixed-Use (TMX) zone and
establishes allowable land uses, development standards, use of
buildable transferable development rights, and approval procedures
for development under the Transit Mixed-Use zone; intended to
implement the land use and density recommendations of the Draft
Twinbrook Sector Plan by replacing the Transit-Oriented Mixed Use (TOMZ)
zoning recommendation ZTA 08-14
Revises the validity period of a finding of
adequate public facilities by the Planning Board, and revises the
process and standards to extend a finding of adequacy
SRA 07-01
Amends the provisions concerning an
established building line and requires regulations to implement the
provision concerning a sloping lot; also amends the maximum building
height for certain lots in the R-200 zone as well as the maximum
building coverage for certain lots in the certain one-family
residential zones and generally amends the development standards for
one-family residential zones
ZTA 08-11
Defines an accessory residential unit, allows an
accessory residential unit as a permitted use
in the I-4 Zone if the use is located in a Transit Station
Development Area, modifies the special regulations of the I-4 Zone
to address development in a Transit Station Development Area and
generally amends the I-4 Zone
ZTA 08-06
Removes the Alternative Review Committee from
the development plan and project plan approval processes, allows
certain development plans or project plans to exceed density or
building height limits to permit construction of all MPDUs and bonus
units on-site, and generally amends provisions relating to
Development Plans and Project Plans
ZTA 08-07
Removes the
Alternative Review Committee from the preliminary plan approval
process, allows certain preliminary plans to exceed density or
building height limits to permit the construction of all MPDUs and
bonus units on-site, and generally amends the provisions relating to
preliminary plans SRA 08-02
Provides for an extension of the validity
period for an adequate public facilities determination for certain
properties, provides for the approval of a site plan to validate
phases of a preliminary plan and project plan for certain properties
under certain circumstances, and provides for the recordation of a
final record plat to validate all phases of a multi-phase
preliminary plan for certain properties under certain circumstances
SRA 08-03
Establishes a definition for an arts or
entertainment use, expands the means to satisfy the public use space
and public facility and amenity requirements of the optional method
of development in the CBD zones under certain circumstances, amends
the findings required for approval of a project plan, amends certain
development standards for a project that includes an arts or
entertainment use and allows for the establishment of a different
project plan and site plan validity period for an arts or
entertainment use ZTA 08-15
Allows optional method of development projects
in the Fenton Village Overlay Zone additional building height to
accommodate workforce housing units and generally amends building
heights in the Fenton Village Overlay Zone
ZTA 08-08
Provides a definition for a Transit Center,
amends the purpose of the C-2 zone to allow transit oriented
mixed-use development use in close proximity to Transit Centers; and
generally amend the provisions of the C-2 zone to allow transit
oriented mixed-use development near transit stations
ZTA 08-13
Amends the Zoning Ordinance to allow a
landscape contractor as a permitted use in the CT if the site
adjoins a railroad right-of-way and any property recommended for
commercial, industrial or public use
ZTA 08-02
Amends the Zoning Ordinance to remove the
restrictions on health clubs in industrial zones and generally
amends the provisions related to health clubs in industrial zones
ZTA 08-09
Amends the Zoning Ordinance to allow certain
accessory structures in the side yard of one-family residential
zones and amends the standards related to accessory structures in
one-family residential zones
ZTA 08-04
Enacted Ordinance No. 16-19
Central Business District Zone Revisions
Amendments
Provides flexibility for Central Business
District zoned projects, revises provisions for transfer of public
use space in Overlay Zones, establishes standards and procedures for
optional method projects to make payments, and revises requirements
and standards for approval of a project plan
ZTA 07-10
Clarifies the provision for special exemptions
to address Growth Policy issues through the deletion of redundant
text and clarification of subject sections, updates to the process
for review of special exemptions and adds the requirement for an
application for a local zoning map amendment to address public
facilities issues ZTA 07-17
Allows permit fees to be waived for all
nonprofit organizations on the Planning Boards list of civic and
homeowner organizations, and removes references to the content of
any sign that may have waived or reduced sign permit fees
ZTA 07-15
Amends the definition of radio and television
broadcasting studio, amends the height standards in the
Ripley/South Silver Spring Overlay Zone, and deletes expired credit
provisions ZTA 07-14
Exempts minor building permits from a finding
of conformance to an approved site plan, and establishes a procedure
and standards for the approval of minor site plan amendments by the
Planning Director ZTA 07-05
Clarifies the text of the 1928 Zoning
Ordinance, and generally amends the special provisions for
conditions predating 1958
ZTA 07-02
Enacted Ordinance No. 16-04
Here is the legal part: (1) The information contained in this
publication should not be construed as legal advice. Please communicate with
your attorney for legal advice. (2) This Business Legislative Update highlights
legislation which the Government Relations Group believes to be relevant to the
interests of the business community. (3) The legislation reported here is not
exhaustive. Information is correct as of January 1, 2009. Dates are subject to
change.
