ZTA 19-01 --ACCESSORY DWELLING UNITS IN “SMALL LOT” RESIDENTIAL ZONES [R-60 AND R-90]
Current Zoning Code1 ZTA 19-01 - Riemer Proposal2
All ADUs Limited Use -- Requirements:
Must be subordinate to principal dwelling
Only one attached accessory apartment per lot.
If not approved as a special exception before 5/20/13,
ADU must be licensed by Department of Housing and
Community Affairs.
Must have same street address as principal dwelling;
Must have one on-site space for ADU or two on-site
spaces for ADU if new driveway is constructed
for the ADU
Maximum gross floor area including any cellar floor
area used for the ADU is the lesser of 50% of the total
floor area in the principal dwelling house including any
floor area used for an ADU in the cellar, or 1,200 sq.
ft., whichever is less.
Owner of site of the ADU must live on the
site in either the principal dwelling or the ADU.
No more than two adults may occupy an ADU. [No
restriction on number of children occupying the ADU.]
May not be located on a lot with an allowed
residential rental.
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.
D.C. Regulations for ADUs3
Limited Use -- Requirements Permitted Subject to
Following Conditions
Same Same
Same Same
Same N/A
Same No address requirement.
Deleted. Total of two spaces for both the No parking requirement.
principal dwelling and the ADU required.
Maximum habitable floor area, including floor See gross square floor area limitations for
area used for ADU in basement or cellar, attached ADU below. No maximum gross
limited to 50% of total floor area of principal floor area limits for detached ADUs.
dwelling, including any floor area used for an
ADU in the cellar of the principal dwelling..
Principal dwelling or ADU must be primary Owner must live in either principal dwelling
residence of owner/applicant only if ADU is or ADU.
a rental.
Same. No more than three persons may occupy the
ADU in certain zones; no more than six
persons in principal dwelling and ADU
combined in other zones.
ADU may not be located on lot where a short No restriction. Owner-occupied dwelling
term residential rental exists or is licensed. may be rental subject to residential rental
licensing requirement.
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.