Subject
title
Work Session #4 on Zoning Text Amendment Application TXT2026-00271, for the Zoning Ordinance Rewrite and Map Amendment Application MAP2026-00126, for the Comprehensive Map Amendment; Mayor and Council of Rockville, Applicants - Articles 9-13: Nonconformities, Signs, Historic Preservation, and Plats and Subdivision
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Department
CPDS - Zoning Review & Other
Discussion
Project History
In 2023, the city began a comprehensive rewrite of the city’s Zoning Ordinance. This project, known as the Zoning Ordinance Rewrite (ZOR), kicked off shortly after the adoption of the Rockville 2040 Comprehensive Plan. The Zoning Ordinance Rewrite project will produce a new Zoning Ordinance for the City of Rockville. In conjunction with the ZOR, the city’s zoning map will be updated through an amendment to the zoning map.
Adoption Process
On December 1, the Mayor and Council authorized applications for staff’s recommended drafts of the Zoning Text Amendment (ZTA) and Comprehensive Map Amendment (CMA) with the City Clerk (colloquially called the “Staff Draft Zoning Ordinance” and “Staff Draft zoning map”). Authorization to file initiated the formal adoption process.
The adoption process consists of a series of public hearings and work sessions in which the Staff Drafts are reviewed, first by the city’s Planning Commission and then by the Mayor and Council. The Planning Commission concluded its review of the Staff Drafts on February 25, transmitting recommendations to the Mayor and Council. The Mayor and Council began their review on April 13. During the review process, community members are also able to review, comment, and testify on the Staff Drafts. The full adoption process is planned to last from December 2025 to June 2026.
Following the April 13 meeting, a Revised Staff Draft Zoning Ordinance and zoning map were published to the project’s Engage Rockville page. The Revised Staff Drafts reflect Mayor and Council direction on most Planning Commission recommendations, along with technical corrections, minor policy changes, and plain language revisions.
Work Session
Background
This work session is the fourth in a series of work sessions that the Mayor and Council will hold during the adoption process. During this work session, Mayor and Council will discuss Articles 9 through 13 of the Staff Draft Zoning Ordinance, focusing on the “Key Changes” between the current ordinance and the proposed ordinance as identified in Highlights: Staff Draft Zoning Ordinance. Per the Mayor and Council’s request, the work session will also address potential regulations for electronic message centers (EMCs). EMCs are addressed in more detail in Attachment 1 - Electronic Message Centers.
The following materials can be accessed via the project webpage, engagerockville.com/zoningrewrite </..//../Users/jwasilak/AppData/Local/Microsoft/Olk/Attachments/ooa-1d340a77-5d6d-4c19-8c0b-7e34da7eaf70/7b226a6c0896047ba636a09a61f8a212d7be7258f1fe3f6aeec52382610fe490/engagerockville.com/zoningrewrite>:
• Staff Draft Zoning Ordinance Table of Contents
• Original Staff Drafts, Authorized for Filing on December 1, 2025
o Highlights: Staff Draft Zoning Ordinance
o Staff Draft Zoning Ordinance (full text)
o Staff Draft Zoning Map
• Revised Staff Draft published to Engage Rockville on April 20, 2026
o Revised Staff Draft zoning map
o Revised Staff Draft Zoning Ordinance ("Clean" Version)
o Revised Staff Draft Zoning Ordinance ("Redline" Version)
o Changes in the Revised Staff Draft Zoning Ordinance
Key Changes by Article
The information below is adapted from Highlights: Staff Draft Zoning Ordinance. Key Changes from the current Zoning Ordinance to the Revised Staff Draft Zoning Ordinance are listed. Changes corresponding with specific direction from Mayor and Council, received either during the pre-release work session held in 2025 or during the April 13 work session, are denoted in red italics.
Article 9. Nonconformities
Rationale
This article addresses uses and structures that were lawful when established, but which no longer conform to the requirements of the zone in which they are located. The goal in amending the article was to simplify and clarify the requirements for such uses and structures to continue and to be brought into compliance with the Zoning Ordinance.
Key Changes
1. Renames the ‘Nonconforming Alterations’ approval process to the ‘Nonconforming Use Expansion’ approval process for accuracy and clarity.
2. Allows for nonconforming uses to expand by up to 20%, subject to the Nonconforming Use Expansion approval process (additional findings and Planning Commission approval).
3. Allows certain site improvements to be approved through the standard process (not the Nonconforming Use Expansion approval process), including:
a. Bringing the nonconforming use into greater conformity with the Code;
b. Maintenance, safety, and ADA compliance work; or
c. Improvements to façades, stormwater management, or pedestrian and bicycle facilities.
4. Allows nonconforming uses and structures to be replaced or repaired in kind in the event of a fire, flood, or other natural disaster or emergency.
Article 10. Signs
Rationale
The updated sign ordinance modernizes and reorganizes regulations to improve clarity, usability, and consistency across zoning districts while ensuring compliance with content-neutral requirements.
Key Changes
1. Significantly reorganizes the article for ease of use. Permitted signs are clearly identified, and regulations for each zone are housed within the sign types.
2. Exempts certain signs, including directional signs, signs regulated by Chapter 21, and gas station and EV charging price signs.
3. Ensures regulations are content-neutral (i.e., regulating sign size, location, design, rather than the text, color, or images on a sign).
4. Introduces new sign types, including A-frame signs, window signs, and building-mounted banner signs, and associated regulations.
5. Eliminates different regulations for real estate, temporary noncommercial, and yard sale signs and regulates them as temporary freestanding signs, with different regulations for zone, lot, and use types. Allows up to three temporary freestanding signs on lots with single-unit detached dwellings, townhouses, and multiplexes without a permit.
6. Prohibits certain signs, including feather flags and electronic message centers (unless they are pedestrian-oriented). Clarifies that electronic menu boards, bank and pharmacy drive-through signs, and parking garage capacity signs are not electronic message centers.
7. Consolidates sign types for consistent regulation of signs in the Industrial and Mixed-Use zones.
8. Increases the permitted size of certain signs in the Industrial and Mixed-Use zones.
9. Expands the scope of repairs allowed for nonconforming signs.
10. Eliminates sign concept plans (which regulate content) and new optional sign packages (which have only been used once).
11. Revises and updates the required approval findings for a sign variance. Findings focus on effective signage and compatibility with structures on the site.
Article 11. Historic Preservation
Rationale
Beyond the overarching objectives for the ZOR, the Historic Preservation Work Plan, endorsed by the Historic District Commission (HDC) and Mayor and Council in 2023, laid out a series of recommended Zoning Ordinance updates to modernize Rockville’s historic preservation program and practices.
Key Changes
1. Codifies Rockville’s nine designation criteria.
2. Modifies who can submit an application to nominate a property for historic designation.
3. Expands work in the Historic District Overlay Zone that can be approved administratively by staff (as opposed to full HDC review).
4. Prohibits demolition by neglect of historic properties.
5. Outlines a process to remove historic designation from properties in rare circumstances.
Article 12. Plats & Subdivision
Rationale
This article provides the regulations for subdividing land in the City, including approval of preliminary plans of subdivision, record plats, and ownership plats. The new Zoning Ordinance reorganizes and simplifies the article and authorizes administrative approval of minor subdivisions.
Key Changes
1. Creates two processes for subdividing property:
a. Minor subdivision, which requires a record plat approval.
b. Major subdivision, which requires a preliminary plan of subdivision followed by a record plat.
2. Subject to delegation by the Planning Commission, allows record plats for minor subdivisions to be approved by the Chief of Zoning (currently, this requires Planning Commission approval). Approval of preliminary plans of subdivision and record plats for major subdivisions will continue to be approved by the Planning Commission.
3. Revises and updates the required approval findings for preliminary plans of subdivision, ensuring that required findings are non-discretionary and based on conformance to the law or the Comprehensive Plan. (Findings are the same as for Project Plans and Site Plans.)
4. Consistent with other sections of the Zoning Ordinance, it removes the list of preliminary plan application requirements (e.g., what needs to be shown on the plan, at what scale, etc.), which will be included in the Development Review Manual. This Manual is being updated through a separate process.
5. Allows the creation of lots for multiplexes where only one unit fronts the street, modeled on language from Montgomery County’s Attainable Housing Solutions.
6. Permits pipestem lots (which are currently expressly prohibited) to increase options for housing diversity.
7. Updates requirements for streets, pedestrian and bicycle connections, public utilities, floodplains, and sediment control.
8. Places the authority to accept land dedications or reservations at the time of subdivision with the Mayor and Council (currently, this authority lies with the Planning Commission).
9. Adds a requirement for access to burial sites, as required by State law.
10. Clarifies the provision allowing for waivers of certain subdivision regulations.
11. Eliminates provisions related to “cluster developments,” which are unlikely to be used again in the City. Relocates provisions relevant to existing cluster developments to the Cluster Development Overlay Zone section of Article 7.
Article 13. Enforcement
Rationale
This article describes the enforcement of the Zoning Ordinance, including penalties associated with Zoning Ordinance Violations. Currently, violations are addressed through notices of violation, typically followed in the case of noncompliance with a municipal infraction citation, although other remedies are available. The new Zoning Ordinance does not propose any substantive changes to this article.
Key Changes
1. No substantive changes.
Mayor and Council History
The Mayor and Council approved a project charter for the ZOR and CMA in October 2022. From project initiation to the time drafting of the new ordinance began in January 2025, staff provided periodic updates on the project via email. During the drafting phase of the project, the Mayor and Council held work sessions on a variety of topics to provide guidance in drafting. These work sessions were as follows:
• January 27, 2025: Comprehensive Map Amendment
• April 24, 2025: Process improvements
• May 5, 2025: New zones, revisions to existing zones, height transitions, and CMA follow-up
• August 4, 2025: Land uses, parking, and process improvement follow-up
• October 6, 2025: Remaining topics, including Historic Preservation, Amenity Space, Nonconformities, Subdivision & Plats, Approval Findings, Neighborhood Conservation District Plans, and CMA follow-up
The Mayor and Council authorized the filing of the ZTA and CMA applications on December 1, 2025.
The first public hearing and work session for the Mayor and Council’s portion of the project’s adoption phase was held on April 13, 2026, and the second was held on May 4, 2026. A third Mayor and Council work session will be held on May 11, 2026.
Public Notification and Engagement
Engagement for the ZOR and CMA has been ongoing since Fall 2024. In the time since the last staff report was written for the Mayor and Council Authorization to File on December 1, 2025, staff have conducted notification and engagement actions, as follows:
• Rockville Reports, City social media channels, email blasts, and newsletters to inform the community about the adoption process, scheduled meetings (both community meetings and Mayor and Council/Planning Commission work sessions), and opportunities to learn more.
• Virtual orientation sessions on December 4, 2025, and January 7, 2026, to help the public understand how and where to review the Staff Drafts. 8 and 9 people attended, respectively.
• Direct emails to all Rockville neighborhood associations providing notice of the Staff Draft publication and ongoing review and adoption process.
• In-person meeting with neighborhood associations, as follows:
o Twinbrook Community Association, January 20, 2026
o New Mark Commons Homes Association, May 7, 2026 (planned)
• Newspaper notice of the April 13, May 4, and May 11 public hearings, as required by law.
Finally, this project also builds on and furthers the goals and policies established through the Rockville 2040 Comprehensive Plan. Extensive outreach and engagement were conducted over a period of five years to inform the Rockville 2040 Plan.
Boards and Commissions Review
Adoption Process
The adoption process began with the Planning Commission review. The Planning Commission held public hearings and work sessions on January 14 and 28 and February 4 and 11. During work sessions, the Planning Commission considered topics of interest as identified by the Commission, the Mayor and Council, and staff, as well as topics raised in public comment. The Commission considered potential revisions to the Staff Drafts, ultimately adopting their recommendations to the Mayor and Council on February 25. Additional information regarding Planning Commission recommendations is contained above in the “Planning Commission Recommendations” section of this staff report.
During the adoption process, staff also offered all City boards and commissions the opportunity to learn about the project, including how to provide input during the adoption process. The following boards and commissions accepted this offer and received project briefings:
• Board of Appeals, December 17, 2025
• Environment Commission, January 8, 2026
• Community Policing Advisory Board, January 8, 2026
• Commission on Aging, January 15, 2026
• Historic District Commission, January 15, 2026
• Recreation and Park Advisory Board, January 22, 2025
• Transportation and Mobility Commission, January 27, 2026
• Youth Commission, February 11, 2026
• Rockville Pedestrian Advocacy Commission, February 12, 2026
• Rockville Bicycle Advisory Committee, March 4, 2026
• Cultural Arts Commission, March 11, 2026
Comment letters have been received from the following boards and commissions:
• Transportation & Mobility Commission, April 10, 2026
• Environment Commission, April 10, 2026
• Rockville Pedestrian Advocacy Commission, April 10, 2026
• Rockville Bicycle Advisory Committee, April 10, 2026
Pre-Adoption Process
Prior to the adoption process, the Planning Commission received regular updates on project progress. The Environment Commission and the Transportation and Mobility Commission also requested and received briefings on November 7, 2024, and May 27, 2025, respectively. Additionally, the Historic District Commission was briefed on the project and provided feedback on the proposed changes to historic preservation regulations at their meeting on July 17, 2025.
Next Steps
Adoption Process
The following schedule outlines the Mayor and Council adoption process, including three public hearings each for the ZOR and CMA, and four work sessions. Three of the work sessions are devoted to review and discussion of the “Key Changes” identified by the article in Highlights: Staff Draft Zoning Ordinance.
The schedule includes two updates to the Staff Draft Zoning Ordinance and zoning map, as follows:
1. On April 20, Revised Staff Drafts of the Zoning Ordinance and zoning map were produced and posted to the Engage Rockville project page, engagerockville.com/zoningrewrite <https://engagerockville.com/zoningrewrite>. Both reflect direction from the Mayor and Council received on April 13, along with technical corrections, minor policy changes, and plain language revisions.
2. On June 1, Final Staff Drafts of the Zoning Ordinance and zoning map will be produced and posted to the Engage Rockville project page. Both will reflect direction from the Mayor and Council received on or before May 18, along with technical corrections and minor policy changes.
Adoption is planned for June 29, 2026.
|
Mayor and Council Meeting |
Topic |
|
April 13, 2026 ZOR public hearing #1 CMA public hearing #1 Work session #1 |
Public hearings are formal opportunities for the public to provide oral testimony to the Mayor and Council. Because the ZOR and CMA are two separate legislative items, individual public hearings for each item will be held. • Members of the general public will be afforded 3 minutes per item. • Those representing an organization will be afforded 5 minutes per item. Discussion and direction on Planning Commission recommendations • Staff Draft Zoning Ordinance • Staff Draft zoning map |
|
April 20, 2026 |
Publish Revised Staff Drafts to Engage Rockville |
|
May 4, 2026 ZOR public hearing #2 CMA public hearing #2 Work session #2 |
Public hearings (see notes above) Discussion and direction on Articles 1-5 • 1: General Provisions • 2: Definitions, Interpretations, & Measurement • 3: Administration • 4: Development Applications, Permits, & Procedures • 5: Zones & Zoning Map |
|
May 11, 2026 ZOR public hearing #3 CMA public hearing #3 Work session #3 |
Public hearings (see notes above) Discussion and direction on Articles 6-8 • 6: Uses & Use Standards • 7: Zone Standards • 8: General Development Requirements |
|
May 18, 2026 Work session #4 |
Discussion and direction on Articles 9-13 • 9: Nonconformities • 10: Signs • 11: Historic Preservation • 12: Plats & Subdivision • 13: Enforcement Update on State legislation |
|
June 1, 2026 |
Publish Final Staff Drafts to Engage Rockville |
|
June 29, 2026 ZOR adoption CMA adoption |
Direction on the Final Staff Draft Zoning Ordinance Mayor and Council take formal action to adopt the ZOR and CMA. This will require two separate votes, one for each legislative item. |
Post-Adoption
Finally, it is important to recognize that the Zoning Ordinance and zoning map are living documents. While the ZOR and CMA effort is intended to produce the strongest possible versions for adoption on July 6, these documents will be tested most effectively through their application and administration over time.
The Zoning Ordinance establishes processes for amending both the text and the zoning map, and periodic amendments are anticipated as part of implementation. For context, since the last comprehensive Zoning Ordinance rewrite in 2009, the city has processed 40 Zoning Text Amendments, including 6 within the first two years of adoption. Early refinements are common following comprehensive updates, as real-world use identifies opportunities for clarification, technical corrections, and policy adjustments.