Washington Grove City Zoning Code

The decision of the Town Council must be stated in a written opinion adopted by the Town Council in open session by a majority of those voting on roll call by yeas and nays. The opinion must set forth the conclusions of the Town Council and the reasons therefor. Copies of the opinion must be placed in the application file and mailed to the applicant.

No amendments to this Article or zoning maps may become effective until 10 days after any required public hearing. In the case of a map amendment, the information copies of the zoning map should be changed promptly after issuance of the opinion. (View the current zoning map here (PDF))

No application for a local or sectional map amendment may be approved for a zone other than one applied for in the application.

No application for a local or sectional map amendment may be approved for a greater area than indicated in the application nor for any land not included therein. An application may be approved for only a portion of the area applied for if such action is supported by the evidence of record, and in such a case the portion reclassified must be accurately delimited in the resolution of approval.

The Town Council may impose additional restrictions, conditions or limitations upon the grant of any application for a local amendment to the Zoning Map pursuant to the authority granted by State law, including, but not limited to, such additional restrictions, conditions, or limitations as may be deemed appropriate to preserve, improve, or protect the general character and design of the lands and improvements being rezoned, or of the surrounding or adjacent lands and improvements, and may retain or reserve the power and authority to approve or disapprove the design of buildings, construction, landscaping or other improvements, alterations, and changes made or to be made on the subject land or lands to insure conformity with the intent and purpose of the Master Plan and Zoning Ordinance.

13.131 Same – Procedures

(a) Conditions Proposed with Application. In the event the application for the local amendment sets forth the proposed conditions and restrictions as authorized hereby, the posting required by Section 13.311 hereof shall include notice that the zoning re-classification sought is “Conditional”; the advertisement required by Section 13.32 hereof shall include a fair summary of the conditions or restrictions imposed, as determined by the Planning Commission; and the public hearing required by Section 13.4 hereof shall include consideration of the proposed conditions.

(b) Conditions Proposed Subsequent to Application.

1. Adoption of Resolution Proposing Conditions. If the decision of the Town Council is to grant a local amendment application with conditions not previously set forth in the application nor for which notice has been given and a hearing held as required by Sections 13.3 and 13.4 hereof, it shall adopt a resolution proposing the restrictions, conditions or limitations upon which such application is to be granted.

2. Hearing on Proposed Conditions. The Town Council shall thereafter hold a public hearing on such proposed conditions, notice of which shall be given as in the case of an original local map amendment application and in writing by first class mail to any person who has registered an appearance in writing prior to the adoption of such resolution.

(c) Adoption of Ordinance Granting with Conditions. Following such public hearing on the proposed conditions, the Town Council may adopt an ordinance granting the application with the additional restrictions, conditions or limitations contained in the resolution under Subsection (b) hereof or as contained in the application in accordance with Subsection (a) hereof, or such modification thereof as is not substantially different therefrom. Upon the adoption of such ordinance, the letter and number of the classification of such property on the zoning map shall be followed by the letter “C” to designate the zoning classification as conditional, and the number of the ordinance imposing the conditions shall be placed in parenthesis on the zoning map in order to afford interested parties the opportunity to refer to the same.

13.132 Same – Violation of Conditions.

(a) Notice of Violation. If the Mayor or the Mayor’s designee believes that a violation has occurred with respect to any additional restriction, condition or limitation imposed upon the grant of any local map amendment application, the Mayor or the Mayor’s designee shall notify the owner of the property which was the subject of the application of the violation believed to exist, and provide the owner with sixty (60) days within which to abate such violation. If such abatement is not completed within the sixty (60) days, the Mayor, Council or designee may take possible actions under Section 14 of this Article, in addition to the procedures outlined below.

(b) Denial of Violation or Failure to Abate. Upon the receipt of a written denial of the existence of a violation from the owner, or sixty (60) days after giving of such notice, whichever shall first occur, the Mayor or the Mayor’s designee, if they believe that such violation continues to exist, shall provide notice thereof to the Town Clerk. The Town Clerk shall thereupon set such notice for a hearing by the Town Council at a specified date, time and place, and notify the owner thereof and the owners of all real property immediately adjacent to such property at least fifteen (15) days prior to the date of such hearing.

(c) Hearing on Violation. The Town Council shall hold a hearing on such notice of violation.

(d) Action on Notice of Violation. If the Town Council shall find that a violation exists, it may adopt an ordinance revoking the grant of the original application for a local map amendment with conditions, and any building or structure on or use of the property which was the subject of such application shall not be entitled to the benefit of the most recent zoning designation.

(e) Other Procedures Available. Any violation of an additional restriction, condition or limitation imposed upon the grant of any application for a local map amendment with conditions shall be a violation of this ordinance and subject to the penalties and procedures contained in Section 14. hereof.

No application may be accepted if:

(a) Any of the requirements of this Section have not been complied with.

(b) All or any part of the land for which reclassification is requested by a local map amendment is restricted because of a previous application.

(c) All or any part of the land for which reclassification is requested is the subject of a previous application which has not yet been finally acted upon by the Town Council.

(d) The required fee as stipulated in Section 13.24 has not been paid.

An application for a local map amendment may propose a single requested zoning classification or may also specify an alternative zone.

Applications may be accepted only during the months of February and August, except that applications made by the Town Council or the Commission must be accepted at any time.

Every application for a local map amendment or text amendment, unless filed by the Town Council or the Planning Commission, must be accompanied by a filing fee as set forth in ARTICLE XVI of the Code of Ordinances. No such fee may be refunded except that, if an application is permitted to be withdrawn prior to the time it is ordered advertised for hearing, four-fifths of the fee must be refunded.

13.241 Referral to Historic Preservation Commission. Upon receipt of any application for an amendment pursuant to this Section 13, the Planning Commission promptly shall forward a complete copy of the same to the Historic Preservation Commission for review and comment.

(a) After One Previous Application. Whenever an application for a local map amendment has been acted upon by the Town Council, no new application for a local map amendment involving the same land or any part thereof may be accepted by the Commission until at least 18 months after such action, except as provided in paragraph (c).

(b) After Two or More Previous Applications. Where a piece of land has twice been the subject of applications for local map amendments which were acted upon by the Town Council, no new application for a local map amendment involving all or any part of the land that was the subject of both previous applications may be accepted by the Commission until at least three years after the action upon the latest of the previous applications, except as provided in paragraph (c).

(c) Exception to Limitations. When permitting a local map amendment application to be withdrawn, the Town Council may specify that the withdrawal is without prejudice to the right to re apply, in which case the time limitations set forth in paragraphs (a) and (b) do not apply. Applications by the Town Council and the Commission are not subject to the time limitations.

13.261 Application Form. The application must be submitted in triplicate and must contain:

(a) a statement of ownership, including the name and address of each record owner of the property for which an amendment is sought;

(b) a description of the land by metes and bounds, bearings and distances, or by lot and block designations;

(c) the present and requested zoning classifications of the property; and

(d) the signature of the person submitting the application.

13.262 Identification Plat.  The application must be accompanied by four copies of an identification plat prepared by a civil engineer, surveyor or other competent person, indicating by metes and bounds, bearings and distances, or by lot, block and subdivision, the land for which the amendment is sought, and its area, and showing the adjoining properties and streets, north point and scale, and any other pertinent information. The land for which an amendment is sought must be outlined in red.

13.263 Vicinity Map. The application must also be accompanied by four copies of a vicinity map indicating the zoning classification of all land within 1000 feet of the land proposed to be reclassified.

13.264 Master Plan. If the land proposed to be reclassified lies within the area covered by a Master Plan, a copy of such plan must be submitted with the application.

13.265 Conditions. If the application proposes reclassification with conditions pursuant to Section 13.13 hereof, the application shall be accompanied by a narrative description of all such conditions proposed. In addition to, but not in lieu of, the required narrative description, an applicant may submit such other plans or documents as may be desired to more fully present any such proposed conditions for consideration by the Planning Commission and Town Council.

An application for a sectional map amendment must include maps clearly identifying the area involved and indicating the boundaries of all lots or parcels proposed to be reclassified and the existing and proposed zone of each lot or parcel. Such an application may be filed only by the Town Council, or the Commission.

An application for the amendment of the text of this Article must set forth the new text proposed to be added and the existing text to be deleted.

13.311 Posting of Signs. Within 15 days after notice of acceptance of an application for a local map amendment, the applicant must erect, on the land proposed to be reclassified, a sign furnished by the applicant and acceptable to the Commission indicating the change proposed and the date and place of the public hearing. The sign must be erected by the applicant within 10 feet of whatever boundary line of such land abuts a street and must be so placed as to be clearly visible from the street with the bottom of the sign not less than two and one-half feet above ground. If more than one street abuts the property, then a sign must be erected in the same manner as above for each abutting street. If no street abuts thereon, then the sign must be so placed as to be most readily seen by the public.

13.312 Maintenance and Removal. Any sign erected in compliance with Section 13.311 must be maintained at all times by the applicant until a decision on the application has been made public by the Town Council, and must then be removed by the applicant within 10 days thereafter. It is unlawful for any person, except the applicant or the Commission or an authorized agent of either, to remove or tamper with any sign during the period it is required to be maintained under this Section.

Within 30 days following the end of the calendar month in which an application for a local map amendment, sectional map amendment, or text amendment is accepted by the Commission, the Town Council must designate a date on which it will hold a public hearing and must notify the applicant and the Commission. Notice of the time and place of the public hearing, together with a summary of the proposed amendment, must be published in at least one newspaper of general circulation in the jurisdiction once each week for two successive weeks. The first notice must be published at least 14 days prior to the date of the hearing.

During the 14-day period immediately preceding the hearing, the application and identification plat must be available for public examination.

Any person has the right to submit oral or written testimony at the hearing and must be accorded all appropriate due process rights. A report of the entire hearing shall be made. The report together with all exhibits and written statements submitted at the hearing must be incorporated in the application file and considered a part of the record. The Town Council may leave the public record open or reopen the public record for a specified period of time to receive additional written comments.

When a hearing is adjourned and the time and place of the continued hearing are announced at the time of adjournment no further notice need be given; otherwise notice of the continued hearing must be given in the same manner as in the case of the original hearing.

An application for a text or local map amendment must be either:

(a) approved or denied on the merits and in conformance with Maryland law;

(b) dismissed, if the Town Council finds that any of the procedural requirements of this Section have not been complied with or that the application is frivolous or filed for purposes of harassment;

(c) permitted to be withdrawn by the applicant; or

(d) approved with such modification and upon such conditions as the Town Council may deem appropriate.

An application for a sectional map amendment must be approved, with such modifications as the Town Council may deem appropriate, or denied.

A decision should be rendered not later than 60 days after the close of the record of the public hearing, unless this time limit is extended by a resolution of the Town Council.

The Town Council must make its decision solely upon the basis of the evidence of record.

In the interpretation of the evidence, the Town Council must consider the burden of proof to be upon the applicant, including the burden of going forward with the evidence.