Grove ponders new zoning fees
Mar. 16, 2005
Sara Stefanini
Staff Writer




The burgeoning costs of enforcing Washington Grove's zoning laws, which restrict the growing trend of "mansionization," are putting a dent in the town's $400,000 budget, according to Mayor John Compton.

Compton and the town's attorney are in the early stages of drafting an ordinance that would allow the Town Council to set fees for appearing before the Board of Zoning Appeals.

Compton and the council are also working to impose fines on residents who commit infractions.

The fees and fines would cover the costs of hearing cases before the board, and of taking cases to court.

The board of zoning appeals heard two cases last year, and each cost the town about $100, said Mary Challstrom, Washington Grove's treasurer.

In addition, since July 2003 the town has spent $11,235 in legal costs for one criminal case against a homeowner accused of zoning infractions, she said.

The infractions are becoming more common "because people are renovating houses, and putting larger houses on existing lots," Compton said. "So they tend to push up against the zoning limitations in height, in setback from the property line."

Rules restraining the build-up of porches and garages that encroach on neighbors' yards, fences that detach and isolate homes, and overall home expansions "requires some teeth," he said.

When the board of zoning appeals hears a case, the town must pay someone to record the hearing. If the appellant takes the case to court after hearing the board's decision, the town must pay the recorder to make a transcript.

If a resident commits a municipal infraction, instead, the town must pay to take the case to criminal court.

The current town code does not specify how the town can set fees, said William Roberts, the town's attorney. In the revised code, the council would be allowed to set fees by ordinance.

Compton said the fee would be multi-tiered: a low fee for the basic recording of the hearing, and a higher fee for the transcript needed to take the case to court.

"Frankly the fee would help to discourage frivolous complaints," he said at February's council meeting.

The municipal infractions fine that the mayor and council hope to impose, instead, would cover the cost of taking cases to court if residents refuse to comply, Compton said.

"We don't have what is called a municipal infractions policy, or authority," he said. "... We have to take somebody to court, that costs money."

Roberts, who has represented municipalities around the county, said enforcing zoning laws is a growing issue for many municipalities.

"If you talk to any jurisdiction ... consistently their activities of building permits, etc., has gone through the roof, and I think that makes sense. Mansionization is becoming an issue for Washington Grove -- that's considered prime real estate right there."

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