Council Approves New Rules for In-Law Apartments

The Baltimore County Council Tuesday approved new regulations governing the construction and use of so-called in-law apartments.

Council Chairman John Olszewski Sr., a Dundalk Democrat and lead sponsor of the bill, said the bill merely provides a legal definition for a use that the county has allowed for years.

The bill creates a two-year permit process and restricts use of the apartments to grandparents, parents and children.

The apartment may not be larger than one-third that of the dwelling or 2,000 square-feet, whichever is less. The apartment may not have separate water and electrical service.

The county permit expires once the person named in the permit stops living in the apartment or if the property is sold. Properties with existing, legal, in-law apartments must obtain a permit under the new law by Oct. 1, 2012.

One amendmen, prohibits owners of the accessory apartment from using it for student housing or renting the space.

Republican Councilman David Marks said the amendment grew out of discussions with representatives of Towson communities he represents. He said some community associations expressed concerns that the law could be used to create additional student housing in their neighborhoods.

The bill is expected to go into effect in late October and will affect any application for an in-law apartment filed after July 31.

The council also unanimously approved:

• A bill amending the definition of a roadside stand in rural areas to include "a barn or other farm building or portion thereof."

Councilman Todd Huff said the amendment clears up an ambiguous definition that would deny farmers the ability to use barns or other structures that are larger than the principle structure on the farm property.

Opponents of the bill testified last week that the bill clears the way to allow a Sparks couple the ability to use a three-story barn structure to sell eggs, meats and other produce on their nearly 65-acre farm.

In July, a Baltimore County Circuit Court judge reversed a county Board of Appeals decision allowing the barn structure. (See attached documents.)

The county farm bureau testified in support of Huff's bill.

• A bill requiring county government agencies publish proposed and adopted regulations on the county website.

County Attorney Michael Field said the county Office of Information Technology was already doing that prior to the passage of the council bill that is expected to take effect in late October.

• A bill allowing as much as a 25 percent reduction in parking spaces for shopping centers of 750,000 square-feet or more that are areas with Commercial Town Center zoning if they are served by mass transit.

Councilman Ken Oliver, a Democrat who co-sponsored the bill, amended it to allow for an up to 40 percent reduction in spaces if the shopping centers are served by a metro rail station.

Councilman Tom Quirk, a Catonsville Democrat, said the bill would allow for redevelopment of larger shopping centers.

"This is really recognizing a reality," Quirk said. "Often we see these large shopping centers where one spot may be taken out of four.

"This will help malls such as Security Square Mall and other malls redevelop," the freshman councilman said.

Olszewski said he was supporting that bill last night and expects to introduce legislation that will allow larger shopping centers to reduce parking in favor of more green spaces and permeable surfaces.

"I think we have too many large parking lots," Olszewski said. "We have too many spaces.

"We just don't want to reduce parking space just to have more retail," he said.