The MIOZ legislation will be voted on by the Council’s Planning Zoning and Economic Development Committee on September 30, 2015. If approved, a public hearing will be scheduled sometime in November 2015.
Can we make owners liable for failure to notify tenants of the existence of an Approved Military Installation Overlay Zone?
Yes, but we need to amend the section of the Zoning Ordinance dealing with aviation matters.
Should we update language in the Clear zone plan to encourage the District Council to adopt language in the County Code requiring property owners to disclose to tenants whether or not their property is within and therefore subject to the regulations of the MIOZ?
We need to get the opinion of the Commission’s and the Counties lawyers as well as the real estate advisor to the JLUS Committee, Mike Graziano. Let’s plan to have an answer to this question by the December JLUS Committee meeting.
Ivy: It may be possible to get language placed in our County Code holding owners responsible for their tenant’s non-compliance with the MIOZ, but how effective will enforcement of this be? After all, the County already requires all tenants to obtain a Use and Occupancy permit and yet we learned in our Beech Road Study that close to 50% of businesses in that area still do not have them. So although, placing new language in our County Code may be possible, will it be effective and enforceable?
