Washington Grove City Zoning Code

For the purposes of this Article, the following words and phrases have the meanings stated, unless the context clearly indicates otherwise.

Accessory Building — A building subordinate to and located on the same lot or contiguous lots under the same ownership with a main building, the use of which is incidental to that of the main building. Through reconstruction/renovation, an existing accessory building may be incorporated into and become part of the main building only if:

1. the former accessory building becomes attached to the main building with an above-ground common wall(s), a common roof, and enclosed living space; and
2. said above-ground common wall(s) and common roof thereby enable the said enclosed living space to be temperature-controlled for year-round human habitation; and
3. the resulting reconstructed/renovated former accessory building meets all minimum standards for front, side, and rear setbacks for a main building in the appropriate zone.

Accessory Use — Use of a building or lot, or portion thereof, which is customarily incidental and subordinate to the principal use of the main building or lot.

Avenue — A public right of way not for use by motor vehicles.

Avenue Line – A line defining the edge of an avenue right-of-way and separating the avenue right-of-way from the abutting property or lots.

Basement — That portion of a building below the first floor joists having at least one-half of its clear ceiling height below the mean level of the adjacent ground.

Bay/Bow Window – A window or set of windows jutting out from the wall of a building and forming an alcove within. The interior knee wall must be a minimum of 24” in height. The outside projection of the window(s) cannot extend to the ground nor enlarge the foundation foot print.

Billboard — A structure or device similar in appearance to a sign, but directing attention to a business, commodity, or other activity offered or conducted principally elsewhere than at the location of the billboard.

Building or Structure — A shelter or construct including a house, shed, deck, or fence. The terms building and structure are interchangeable in this Article.

Building Coverage — The percentage of the net lot area that is covered by buildings, including accessory buildings and enclosed or roofed porches, and terraces.

Building Height — The height of a building shall be measured from an elevation determined by averaging the elevation of the ground at all the corners and/or other principal points in the perimeter wall of the building.

Bulk — A term referring to the volume and dimensions of a building or structure and its special relationship to other buildings and structures and to the lot on which it is located and its boundaries and open areas.

Charitable, Religious or Educational Institution — A corporation, organization or other legal entity devoted exclusively to charitable, religious or educational purposes, which has received, and continues to maintain, a determination from the United States Internal Revenue Service as a non-profit and tax-exempt organization in accordance with Section 501.(c)(3) of the Internal Revenue Code as now existing or any future amendments thereto.

Commercial Vehicle – A vehicle that is designed for commercial use, and
1) has a gross vehicle weight of over 9,900 pounds; or,
2) has a dump capacity; or,
3) has a cube or box back; or,
4) is a bus with the capacity to seat over 15 people.

Commission — The Town of Washington Grove Planning Commission.

Dormer –- Roof projection set into a sloping roof, not to exceed 10 ft. in width when located on the upper most floor of a 2 ½ story main building or a 1 story accessory building.

Dwelling –- Building arranged or designed to provide living facilities for one family and containing not more than one dwelling unit.

Dwelling Unit — A building providing complete living facilities for not more than one family, including, at a minimum, facilities for cooking, sanitation, and sleeping.

Enclosed Area -– Generally, for residential property, the enclosed area of the dwelling above ground level. The calculation excludes the area of the basement (if any) even if it is finished. For purposes of this definition, dwelling is intended to be synonymous with main building and primary residence. Enclosed area is as shown on tax records of the Maryland Department of Assessments and Taxation; however to resolve questions of the accuracy of the enclosed area as shown on said tax records, the Commission may require updated information to calculate enclosed area.

Family -– An individual or two (2) or more persons related by blood or marriage, or a group of not more than five (5) persons, not related by blood, adoption or marriage, living together as a single housekeeping group in a dwelling unit.

Fence –- A man-made barrier intended to prevent escape or intrusion or to mark a boundary.

Front -– Front is defined as the legal address of the house as shown on current tax records.

Front Yard — Front yard is the portion of a lot defined as the premise address of the house as shown on current tax records. In a case of ambiguity, the Commission may designate the front yard of a lot based on historic precedent and compatibility with surrounding properties.

Green Area — An area of land associated with and located on the same tract of land as a major building or group of buildings in relation to which it serves to provide light and air, or scenic, recreational or similar purposes. Such space must in general be available for entry and use by the occupants of the building or buildings involved, but may include a limited proportion of space so located and treated as to enhance the amenity of the development by providing landscaping features, screening for the benefit of the occupants or those in the neighboring areas, or a general appearance of openness. Green area may include, but is not be limited to, (1) lawns, decorative plantings, and wooded areas, (2) landscaped areas covering structures provided that they are not more than 12 feet above ground level, (3) sidewalks and walkways, (4) active and passive recreational areas and (5) water surfaces that comprise not more than 10 percent of the total green area. It does not include parking lots or other vehicular surfaces, nor accessory buildings other than swimming pools.

Household — A group of persons living together, consisting of either (1) a single individual, (2) a group of persons all of whom are related by blood, marriage, or adoption, or (3) if the group does not fall into category (1) or (2) above, the group may not consist of more than five persons.

Lot — For the purpose of this Article a lot is a developed or undeveloped parcel of land, having frontage on a public right of way and consisting of lots of record or portions thereof, or parcels described by metes and bounds, singly or in combination, in one ownership.

Lot Area — The total horizontal area enclosed within the boundary lines of the lot, excluding all land which lies within any public right of way.

Lot, Corner — A lot bounded by adjacent streets between whose right of way lines, or extensions thereof, there is an interior angle of not more than 135 degrees.

Lot Frontage — Any boundary line of a lot which is adjacent to the right of way of a street or avenue.

Lot Line — Any boundary line of a lot as herein defined.

Lot of Record — The land designated as a separate and distinct parcel of land on a legally recorded subdivision plat filed among the land records of Montgomery County.

Main Building – A building in which is conducted the principal use of the lot on which it is situated. In any residential zone, any dwelling shall be deemed to be the main building on the lot on which the same is located if the lot is used primarily for residential purposes.

Main Building Line Extended – a boundary line extending horizontally from the front of a main building to both side lot lines.

Medical Practitioner — A licensed physician, surgeon, dentist, osteopath, or chiropractor.

Mayor — The Mayor of the Town of Washington Grove, Maryland.

Non Complying Building — Any lawfully constructed building which does not comply with the area, bulk, yard, density, or off street parking regulations of the zone in which it is located, either upon the adoption of this Article or because of a subsequent amendment thereto.

Non Conforming Use — Any lawful use of a building or land which is neither a permitted use nor a use permissible as a Special Exception in the zone in which it is located either upon the adoption of this Article or because of a subsequent amendment thereto.

Off-Site Sign –- A sign that identifies a location, person, entity, product, business, message, or activity that is not connected with a use that is lawfully occurring on the property where the sign is located.

Open Porch — An open porch may or may not include a roof; or/and, except for support structures, the area above the railing height, required by Montgomery County, shall be open to the air, excluding up to 15 inches of decorative trim; and at least 50% of the area below the railing must be open to the air; and the porch shall not be enclosed by material of any type, including lattice work or screening.

Ordinary Maintenance And Repair – the minor routine activities needed to keep a building or structure in, or return it to, working or usable condition. These activities typically involve general reconstruction, replacement or renewal of any part of an existing building with in-kind materials. For a historic property, such activities typically do not diminish the integrity of the property’s character-defining features, which make the property a contributing resource to the national register historic district. Major alterations (e.g., additions that increase the square footage or height of a building or structure) are not considered ordinary maintenance and repairs.

Outlot — A parcel of land, shown on a record plat, which is not a legal building lot under the regulations of the zone in which it is located because of insufficient area or dimensions.

Primary Residence – The building on a residential lot that represents the basis for a majority of the taxable living space described in the official tax records of that property.

Rear Yard — Rear yard is the portion of a lot which is opposite from the front yard. In a case of ambiguity, the Commission may designate the rear yard of a lot based on historic precedent and compatibility with surrounding properties.

Required Yard — That portion of a yard which because of required setbacks or lot coverage limitation cannot be occupied by a building or structure.

Sign — The term sign in this Article is limited to accessory structures, devices, and the like, used for the purpose of directing attention to a business commodity, service, profession or other principal use or activity conducted, sold, offered, or rendered on the same lot or contiguous lots under the same ownership upon which the sign is located. A sign may be painted on or affixed to a building or be a free standing structure. It does not include similar structures or devices located within a building unless they are illuminated and visible through a show window. The term does not include billboards or building addresses.

Story — That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it the space between such floor and the ceiling next above it. A basement shall not be counted as a story.

Story, half — A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two (2) feet above the floor of such story.

Street — A public right of way for the use of motor vehicles including Alleys, Roads and Lanes.

Street Line – A line defining the edge of a street right-of-way and separating the street right-of-way from the abutting property or lots.

Swimming Pool, Private — A swimming pool located on the same lot with, and operated as an accessory to, a dwelling for the sole use of the occupants of the dwelling and their guests and not for profit nor in connection with any business.

Temporary Use – Lasting for a limited time, not to exceed 90 days.

Town — The Town of Washington Grove, Maryland.

Town Council — The Town Council of Washington Grove, Maryland.

Transient Rentals — Rent or lease of rooms or other living space for consideration for less than 30 days or one calendar month. Persons renting on a transient basis shall not be considered as members of a household. Occupancy in connection with purchase of a residence shall not be considered transient.

Yard — An open space, unoccupied and unobstructed, adjoining a lot line and lying between it and the building or buildings on the same lot.

Zone — Any of the zoning districts or zoning categories established by this Article.

Where zone boundaries are so indicated that they approximately follow lot lines, street or alley lines, or proposed street or alley lines, and are not more than 5 feet distant therefrom, they shall be construed as following such lines unless otherwise indicated by dimension figures on the Zoning Map.

Boundaries indicated as approximately parallel to, or extensions of, lot or street lines shall be so construed unless otherwise indicated by dimension figures.

Distances not specifically indicated on the original Zoning Map shall be determined by the scale of the map.

In any case where the zone boundaries have been changed by an amendment to this Article, the correct location of such boundaries is determined by reference to the appropriate ordinance of the Town Council.