Leaders in Montgomery County passed a measure last year that made it easier for residents to add tiny homes, “in-law suites” and other accessory apartments to their property, citing a need for more housing options in the county. Now, residents of one of the region’s wealthiest communities are seeking to roll back the changes where they live.
Section 3 of the Village of Chevy Chase, an independent municipality located just north of the D.C. line in Montgomery County, is considering adding new restrictions to Accessory Dwelling Units, or ADUs, within its boundaries. The measures would require homeowners who want to build ADUs to add an additional off-street parking space, construct a six-foot fence on their rear and side property lines, and register the building with the village, in addition to other requirements.
Andy Leon Harney, Section 3’s village manager, says town council members are listening closely to community members and taking their views into account before they vote on the measure.
“We want to do this right; we don’t want to do it quick,” Harney says.
Harney declined to answer further questions.
Montgomery County Planning Board Chair Casey Anderson, who supported loosening rules on accessory apartments, says some changes the municipality is considering appear “arbitrary.” He says it’s hard to tell whether or not they would make it impossible for some homeowners to build an ADU in the municipality, but they “certainly don’t make it easier.”
“They’re characteristic of a lot of the conditions that are put on ADUs in other places, and that Montgomery County has put on ADUs in the past,” Anderson says. They “seem innocuous in some ways, or at least relatively technical, but probably will make it more difficult to build an ADU.”
The proposed changes in Section 3 follow intense and ultimately unsuccessful opposition to the county’s accessory apartment rules raised by some homeowners in Montgomery County last year. Critics included Harney, who testified against the changes.
An influx of tiny homes and similar structures would bring unwanted Airbnb rentals, stormwater runoff issues, and parking conflicts to Section 3, Harney testified, in addition to eroding the suburban look and feel of some neighborhoods across the county.
“How is this anything but the destruction of single-family zoning by stealth?” Harney testified.
Critics of the measure found support from County Executive Marc Elrich, who said allowing more accessory homes would “fundamentally alter virtually all residential areas in the county.” The council approved the zoning change regardless and it went into effect at the end of last year.
Under the proposed changes in Section 3, renting out an unlicensed or unregistered ADU would be punishable with a $500 fine, on top of an identical fine already levied by the county. Public records show that there is currently one licensed ADU in Section 3, out of 282 lots in the municipality.
The changes are expected to be discussed at a Jan. 13 meeting, followed by further discussion and a possible vote at a meeting in February.
Ally Schweitzer