Draft Ordinance Amendment—Article VII, Section 3.327 (Fences) and Article VII, Section 4.2 (Definitions – Bay/Bow Window)

DRAFT #4

Ordinance No: 2015-06
Accepted by Planning Commission: 11/04/2015
Introduced by Town Council: 11/09/2015
Two Newspaper Advertisements: 11/19/2015, 11/26/2015
Public Hearing: 12/14/2015
Enacted: 12/14/2015 Effective: 01/14/2016

ORDINANCE

ADOPTING AMENDMENTS TO ARTICLE VII, ZONING, SECTION 3.327 – FENCES – TO ALLOW SIX (6) FOOT FENCES IN A SPECIFIC AREA OF BLOCK 11 ADJACENT TO LAND OWNED BY THE TOWN OF WASHINGTON GROVE AND TO SECTION 4.2 – DEFINITIONS TO ADD A DEFINITION OF A BAY/BOW WINDOW.

WHEREAS, the Planning Commission filed and accepted an application for a text amendment to the Washington Grove Zoning Ordinance, Article VII of the Town Code of Ordinances, on October 7, 2015. The application for text amendment was filed pursuant to Section 13.2. The text amendment would allow the rebuilding and construction of fences six (6) feet in height facing public land at the following homes in Block 11:

315 Grove Avenue – rear only
319 Grove Avenue – rear and south side only
203 2^nd Avenue – rear only
8 The Circle – rear only
6 The Circle – rear only;

and

WHEREAS, the Planning Commission has recommended adding a definition of a bay/bow window to Section 4.2, Definitions; and

WHEREAS, the Planning Commission accepted a Plat of Survey, Part of Park & Alley, Block 11 prepared by Snider & Associates Land Surveyors (June 10, 2015) at their meeting on September 2, 2015; and

WHEREAS, the unique path provides access to the rear of the listed properties that also have no direct vehicular access; and

WHEREAS, the amendment to Section 3.327 is intended to remove impediments currently restricting access to the properties listed above, thus providing equal access for all property owners; and

WHEREAS, a hearing with respect to the text amendment was set by the Council within thirty days following the end of the calendar month in which the text amendment application was accepted by the Planning Commission. Notice of the time and place of the public hearing, together with a summary of the proposed amendment, was published in at least one newspaper of general circulation in the Town once each week for two successive weeks. The first notice was published at least 14 days prior to the date of the hearing. During the 14-day period immediately preceding the hearing, the application was available for public examination. The record was open for comments until XXXX XX, 2015; and

WHEREAS, the following amendments to Article VII, Zoning, were proposed by the Planning Commission:

3.327 (a) 1 Fences abutting the Town-owned access path to 315 Grove Avenue, 319 Grove Avenue, 203 2^nd Avenue, 8 The Circle and 6 The Circle may be 6 feet in height only in the areas previously specified;

4.2 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; and

WHEREAS, after consideration of the application and the public record, the Town Council has determined that the text amendment should be adopted.

WHEREAS, the Town Council of Washington Grove has determined that the text amendment proposed is in the public interest as it will allow for continued privacy along the unique path providing access to #6 The Circle, #8 The Circle, 203 2^nd Avenue, 315 Grove Avenue and 319 Grove Avenue which have no direct vehicular access. The text amendment will also provide increased clarity with the definition of a bay/bow window.

Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Mayor and Council of the Town of Washington Grove, Maryland that Article VII, “Zoning”, Section 3.327 “Fences”, is hereby repealed, re-enacted and amended to read as follows:

3.327 Fences

(a)Fences and/or masonry walls not above 4 feet in height may be erected on a lot line. A fence and masonry wall not exceeding 6 feet in height, however, may be erected on any lot line separating privately owned land.

Fences abutting the Town-owned access path to the following properties may be six (6) feet in height only in the areas specified:

315 Grove Avenue – rear only
319 Grove Avenue – rear and south side only
203 2^nd Avenue – rear only
8 The Circle – rear only
6 The Circle – rear only

* * * *

Section 2. BE IT FURTHER ORDAINED AND ENACTED by the Mayor and Council of the Town of Washington grove, Maryland that Article VII, “Zoning”, Section 4 “Definitions” is hereby amended as follows:

4.2 Definitions

* * * *

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.

* * * *

Section 3. EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days from the date of enactment unless petitioned to referendum in a manner prescribed by law.

ADOPTED AT A PUBLIC MEETING ASSEMBLED ON THIS DAY OF , 2016.

TOWN OF WASHINGTON GROVE

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Joli A. McCathran,
Mayor

ATTEST:

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Town Clerk Date