Commercial Broker Quarterly: Summer 2003 - GWCAR, Greater Washington Commercial Association of REALTORS(R)

CBQ >> Summer 2003 Issue

Montgomery County Fall 2003 Legislative Preview
by Meredith Weisel, Vice President for Public Policy/MD and Legal Counsel

Now that the budget season has passed, the Montgomery County Council will turn their attention to some other important areas of legislation. Here are a few highlights on some of the real estate-related issues that will be discussed by the council this fall:

Bill 25-03, Buildings-Residential Fire Sprinkler Systems: Councilmember Phil Andrews has introduced legislation that will require all new residential developments to be equipped with sprinkler systems. Currently the county law only requires sprinklers in apartments and townhomes. Andrews' bill proposes to extend the requirement to single-family homes.

Zoning Text Amendment 03-18, Accessory Apartment Requirements: Councilmember Marilyn Praisner has introduced a zoning text amendment that would eliminate the 1,200 gross square-foot limit on the size of an accessory apartment, which is defined as "a second dwelling unit that is part of an existing one-family detached dwelling, or located in a separate existing accessory structure on the same lot as the main dwelling." Further, an accessory apartment must be subordinate to the main dwelling and Councilmember Praisner has expressed concern that "the 1,200 square-foot limit could unreasonably restrict the provision of an accessory apartment, under certain circumstances."

Zoning Text Amendment 03-17, Offstreet Parking for Bicycles; and Bill 20-03, Landlord-Tenant Relations-Fees for Bicycle Parking: Councilmember George Leventhal has introduced a bill that would limit the amount a landlord, condo or co-op could charge a tenant or unit owner to rent a bicycle parking space. The rental fee could not exceed one-sixth of the rent for a motor vehicle parking space. Councilmember Leventhal has stated that he believes some landlords are charging excessive fees, which could discourage the use of bicycles as a more environmentally sound form of transportation than automobiles.

Bill 24-03, Recordation Tax-Use of Funds: Council President Michael Subin along with Councilmembers Praisner and Nancy Floreen, have introduced a bill that "would clarify that funds raised by the increase in the recordation tax enacted in Bill 7-02 must, in the current and future fiscal years, be used for the school Capital Improvements Program items (including technology for Montgomery College), including bond funding." Last year, when the council raised the recordation tax rates, the intent was to have the generated funds used for school Capital Improvement Programs.

However, the legislation did not make that commitment binding. Bill 24-03 would make the original stated intent of the council binding on the executive branch and future councils (unless later amended).