Mayor and Council of Rockville v. Rylyns Enterprises, Inc. , 372 Md. 514 ( 2002 )

HARRELL, Judge.

According to Respondent, Rylyns Enterprises, Inc. (Rylyns), this case presents an unusual situation where a land use restriction demanded by Montgomery County, Maryland, during municipal annexation proceedings by the City of Rockville required the City to impose improper “conditional zoning” on the annexed property. The Court of Special Appeals, in an unreported opinion, held that the municipality’s imposition, at the insistence of the County, of a condition limiting the use of the newly annexed property more restrictively than allowed by the City zoning ordinance for the zoning district in which the property was placed was tantamount to improper conditional zoning. The intermediate appellate court also held that the zoning reclassification, in light of the limitation, constituted illegal “spot zoning.” We shall affirm that judgment based on the Court’s holding as to impermissible conditional zoning, although we shall employ somewhat different reasoning.

I.

The material facts of this case are not in dispute. They must be considered against the backdrop of Maryland Code (1957, 1998 Repl.Vol.), Article 23A, § 9(c), which restricts the zoning classification into which a municipality may place newly annexed property for a period of five years following annexation unless permission is obtained first from the pre-annexation county. That restriction provides, in pertinent part:

(1) ... no municipality annexing land may for a period of five years following annexation, place that land in a zoning classification which permits a land use substantially different from the use for the land specified in the current and duly adopted master plan or plans or if there is no adopted or approved master plan, the adopted or approved general plan or plans of the county or agency having planning and zoning jurisdiction over the land prior to its annexation without the express approval of the board of the county commissioners or county council of the county in which the municipality is located.

(2) If the county expressly approves, the municipality, without regard to the provisions of Article 66B, § 4.05(a) of the Code, may place the annexed land in a zoning classification that permits a land use substantially different from the use for the land specified in the current and duly adopted master plan or general plan of the county or agency having planning and zoning jurisdiction over the land prior to its annexation.

On 14 May 1997, Louis Fanaroff, Stanford Steppa, and Elaine Steppa (the “Owners”), owners of the subject property located in Montgomery County abutting the City of Rockville and situated in the northwest quadrant of the intersection of Gude Drive and Southlawn Lane, filed a Petition for Annexation (the Petition) of the property into the City. At the time the Petition was filed, the subject property was zoned 1-2 (Heavy Industrial) as defined in the Montgomery County Zoning Ordinance. 1-2 was the zone recommended for the property in the County’s approved and adopted Upper Rock Creek Master Plan (the “County Master Plan”). The Petition requested that, upon annexation, the property be rezoned to the City’s 1-1 (Service Industrial) zone, consistent with the zoning of adjacent properties located within the City’s boundaries. The Owners intended to erect and operate a gasoline service station on the subject property, a use allowed under the City’s 1-1 zone with the grant of a special exception. The County’s 1-2 zone did not allow a gasoline service station under any circumstances.

At a public hearing concerning the proposed annexation and rezoning, held on 17 December 1997 by the Mayor and Council of Rockville, Richard Durishin, the controlling owner of Rylyns, testified against the proposed rezoning. Mr. Durishin claimed to oppose the proposed 1-1 rezoning because the loss of the 1-2 classification of the subject property would reduce the “scarce stock” of 1-2 zoned property in Montgomery County, a concern also expressed later by some County authorities. Mr. Durishin acknowledged that he was the operator of a gasoline filling station located across Gude Drive from the subject property.

On the day following the City’s hearing, the City’s Planning Staff issued a final report recommending annexation of the subject property and its placement in the City’s 1-1 zone. The report pointed out that the City’s 1993 Master Plan recommended that the property (should it be annexed) be placed in the City’s 1-1 zone and that the surrounding properties within the City also were zoned 1-1.

On 15 January 1998, the Montgomery County Planning Board considered the proposed rezoning of the subject property. It noted significant differences between the County’s 1-2 zone and the City’s 1-1 zone. Among other concerns, the Board fretted that a change in zoning might trigger the need to improve the intersection of Southlawn Lane and Gude Drive.

The County Council’s Planning, Housing and Economic Development Committee, on 13 July 1998, recommended, by a vote of 3-0, that the full County Council disapprove the request to rezone the subject property. In a memorandum, dated 18 July 1998, to the County Council, the County Planning Board indicated, based on its review of the proposed annexation and rezoning of the property, that the proposed use of the subject property for a gasoline station was not an appropriate use for the property, as it was not allowed under the County’s 1-2 zone. Upon consideration of these recommendations, the County Council, on 28 July 1998, adopted Resolution No. 13-1384 disapproving the request of the Owners and the City to rezone the property to the City’s 1-1 zone.

Seven months later, in a 8 February 1999 memorandum to the County Council, its Planning, Housing and Economic Development Committee announced that, at the request of a County Council member, it had re-examined the Owners’ petition for annexation and rezoning and concluded that it would support the rezoning of the subject property from the County’s 1-2 zone to the City’s 1-1 zone, “provided the City restrict the retail use of the site.... ” On 23 February 1999, the County Council adopted Resolution No. 14-57 approving the City’s proposal to rezone the property on condition that “the City prohibits the retail use of the site, except for a gasoline service station.” ¹

On 20 July 1999, the Mayor and Council of Rockville entered into a written annexation agreement with the Owners regarding the subject property. The agreement, among other things, provided that the property could not be used for any retail purpose, other than a gasoline service station. There was no mention in the agreement of the requirement in the City Zoning ordinance that a special exception was required in the City’s 1-1 zone in order to operate a gasoline service station. The Mayor and Council adopted Annexation Resolution No. 13-99 on 26 July 1999, enlarging and extending the boundaries of the City of Rockville by annexing the subject property.

A week later, the Mayor and Council adopted Zoning Ordinance No. 10-99, placing the property in the City’s 1-1 zoning classification. Zoning Ordinance No. 10-99 specifically stated that “the Mayor and Council of Rockville, having fully considered the matter, has.determined to place the annexed property in the City’s 1-1 zone, under certain conditions to be set forth in an annexation agreement, so as to promote the health, security, and general welfare of the community of the City of Rockville.” The annexation of the property and its placement in the City’s 1-1 zone became effective on 9 September 1999.

Upset with this result, Rylyns filed a petition with the Circuit Court for Montgomery County seeking judicial review of City Zoning Ordinance No. 10-99. No direct judicial review of Annexation Resolution No. 13-99 was sought. On 17 March 2000, the Circuit Court reversed Rockville’s adoption of Zoning Ordinance 10-99, holding that the manner in which the subject property was rezoned constituted improper conditional and spot zoning, and remanded the case to the Mayor and Council. The Mayor and Council, and the Owners, appealed to the Court of Special Appeals, which affirmed the judgment of the Circuit Court. The Mayor and Council of Rockville and the Owners petitioned this Court for a writ of certiorari, which, on 22 June 2001, we granted. Rockville v. Rylyns, 364 Md. 534, 774 A.2d 408 (2001).

The Petitioners initially presented two questions to this Court:

1. Does a limitation in an annexation agreement restricting certain uses on newly annexed property constitute conditional zoning?

2. Did the placement of newly annexed property by the City, in a zone that permitted a land use substantially different from the use for the land specified in the current and duly adopted master plan of Montgomery County, with the approval of the Montgomery County Council pursuant to Art. 23A, § 9(c)(2), constitute invalid spot zoning?

After initial briefing and argument, we set the case in for reargument, on our own initiative, inviting the Maryland Municipal League, the Maryland Association of Counties and the Maryland National Capital Park and Planning Commission to file amici briefs. We requested that the parties and amici address additional issues that we framed as follows:

3. Prior to 1975 there was no subsection (c)(2) of Art. 23A, § 9(c) and subsection (c) had no provisions in respect to county approval. At that time Art. 23A, § 9(c), as relevant to the case at bar, provided that a municipal corporation for a period of five years after annexation could not ‘place that (annexed] land in a different zoning classification which permits a land use substantially different from the use specified in the current and duly adopted master plan or plans of the county or agency having planning and zoning jurisdiction over the land prior to annexation.’

In 1975, subsequent to two 1974 Court of Appeals’s decisions in which the above language was mentioned, Senate Bill 864 was introduced. As introduced, the bill contained the same language above through the phrase ‘current and duly adopted master plan or plans’ but then added a provision at the very end of the subsection creating an exception based upon county approval i.e. ‘without the express approval of the county.’

The bill, however, was amended during its progress through the Senate. As relevant to the instant case, the amendment added immediately after the phrase ‘duly adopted master plan or plans,’ the phrase ‘or if there is not an adopted and approved master plan, the adopted or approved general plan or plans’ of the county.

a) In view of the legislative history of Md.Code (1957, 1998 Repl.Vol.), Art. 23A, § 9(c) (1 and 2) (and particularly Chapter 613, Laws 1975, and Chapter 450, Laws 1988), may a municipality which has planning and zoning authority and has a current and duly adopted master plan covering land within its jurisdiction, zone the annexed property upon annexation irrespective of the land use proposed for such property by the county’s current and duly adopted master plans or general plans?

b) If the answer to the above question is yes, does Section 9(c)(2) apply in such cases?

4. Under what circumstances do the provisions of Md.Code (1957, 1998 Repl.Vol., 2001 supp.), Art. 66B, Section 4.01(c) (‘may impose such additional conditions, restrictions, or limitations’) (which was first enacted in 1970 subsequent to the Carole Highlands Citizens Ass’n, Inc v. Board of County Comm’rs of Prince Georges County, 222 Md. 44, 158 A.2d 663 (1960) and Baylis v. City of Baltimore, 219 Md. 164, 148 A.2d 429 (1959) cases), and Rockville City Code (2000) Section 25-126 (‘may impose additional restrictions, conditions or limitations’) (enacted after the enactment of the State statute) authorize conditional zoning by the City?

a) What is the effect, if any, of Prince George’s County v. Collington Corporate Center 1 Limited Partnership, 358 Md. 296, 747 A.2d 1219 (2000), which upheld conditional zoning in Prince George’s County, on this issue?

b) Do the above provisions authorize the City’s actions in the present case?

5. What zoning classification, if any, would the subject property have if the Court were to rule that the 1-1 Zoning was invalid? Is there a state or City statute covering the situation?

II.

As a prelude to considering these questions, it may be useful to refresh our collective memories as to the core concepts, terms, and procedures underlying the planning and zoning principles potentially implicated by, or related to, the issues in this case. This framework of planning and zoning principles forms a “flexibility continuum,” a continuum within which the present controversy must be placed. Planning and zoning turns on the dynamic interplay between certainty and consistency in the application of land use plans and zoning ordinances on the one hand, and on the other the need for zoning authorities to have flexibility in applying those plans and ordinances to accommodate changing and/or unforseen circumstances.

A. Planning and Zoning

There exists a distinction between zoning and what commonly is called land use planning, both as a practical matter and as a function of different statutory grants of power and delegations of duties.² For the purposes of this case, the statutes controlling the exercise of the planning function are found primarily in Maryland Code (1957, 1998 Repl.Vol., 2002 Supp.), Article 66B, §§ 3.01-3.09 and those controlling the exercise of the zoning function are found primarily in Md.Code (1957, 1998 Repl.Vol., 2002 Supp.), Art. 66B §§ 4.01-4.08.³

Plans are long term and theoretical, and usually contain elements concerning transportation and public facilities, recommended zoning, and other land use recommendations and proposals.⁴ Zoning, however, is a more finite term, and its primary objective is the immediate regulation of property use through the use of use classifications, some relatively rigid and some more flexible.⁵ Howard County v. Dorsey, 292 Md. 351, 361-62, 438 A.2d 1339, 1345-46 (1982); Washington County Taxpayers Assn. v. Board of County Comm’rs of Washington County, 269 Md. 454, 455-57, 306 A.2d 539, 540-41 (1973); Norbeck Village Joint Venture v. Montgomery County Council, 254 Md. 59, 65-67, 254 A.2d 700, 704-05 (1969); We repeatedly have noted that plans, which are the result of work done by planning commissions and adopted by ultimate zoning bodies, are advisory in nature and have no force of law absent statues or local ordinances linking planning and zoning.⁶ Where the latter exist, however, they serve to. elevate the status of comprehensive plans to the level of true regulatory device. Richmarr Holly Hills v. American PCS, L.P., 117 Md.App. 607, 635-51, 701 A.2d 879, 893-901 (1997); see also Boyds Civic Ass’n v. Montgomery County Council, 309 Md. 683, 699-700, 526 A.2d 598, 606 (1987); Coffey v. Maryland-National Capital Park & Planning Comm’n, 293 Md. 24, 27-30, 441 A.2d 1041, 1042-44 (1982); Board of County Comm’rs of Cecil County v. Gaster, 285 Md. 233, 239-47, 401 A.2d 666, 669-73 (1979); Aspen Hill Venture v. Montgomery County Council, 265 Md. 303, 314-15, 289 A.2d 303, 309 (1972); Floyd v. County Council of Prince George’s County, 55 Md.App. 246, 258-60, 461 A.2d 76, 83 (1983). In those instances where such a statute or ordinance exists, its effect is usually that of requiring that zoning or other land use decisions be consistent with a plan’s recommendations regarding land use and density or intensity.

B. Original, Comprehensive, and Piecemeal Zoning and the Police Power.

In Harbor Island Marina, Inc. v. Board of County Comm’rs of Calvert County, 286 Md. 303, 312-13, 407 A.2d 738, 743 (1979), we noted that:

‘t]he purpose of the zoning law is to promote the health, safety, and general welfare of the public, Md.Code (1957, 1978 Repl.Vol.), Art. 66B, §§ 4.03, and the Act vests in the counties the full measure of power which the State could exercise in pursuit of this objective.’ See Carney v. City of Baltimore, 201 Md. 130, 135, 93 A.2d 74, 76 (1952). ‘The very essence of zoning is territorial division according to the character of the land and ... [its] peculiar suitability for uses, and uniformity of use within the zone.’ Heath v. M. & C.C. of Baltimore, 187 Md. 296, 305, 49 A.2d 799, 804 (1946)(emphasis added).

The exercise of these broad powers⁷ is, in the main, through the implementation of what is known as the planning and zoning process. In theory, and usually in practice, long study and consideration is given to the location of various human activities as they are distributed on the geographic plain, and analysis is made as to where particular types of growth are likely to occur, and where it would be best to allow growth to occur in reference to all of the other land use activities in the area or region in question. Ideally, growth then may be planned in a manner that allows for the expansion of economic activities and opportunities in the area or region for the benefit of its residents, while at the same time attempting to maintain the quality of life of the region, all without unduly disturbing the reasonable expectations of the citizenry as to the permissible uses they may make of real property. As is the case with most human endeavors, particularly those involving multiple and complex variables, the results of the planning and zoning process are sometimes less than perfect, particularly from the subjective point of view of the property owner who finds that his or her desired use for a property is different from that of the relevant planning and zoning authority.

Zoning authorities in Maryland implement their plans and determinations regarding appropriate land use zoning categories primarily through three processes: 1) original zoning; 2) comprehensive rezoning; and 3) piecemeal rezoning. As will be discussed in more detail, infra, a fundamental distinction between original zoning, comprehensive zoning, and piecemeal zoning is that the first two are purely legislative processes, while piecemeal rezoning is achieved, usually at the request of the property owner, through a quasi-judicial process leading to a legislative act. Montgomery County v. Woodward & Lothrop, Inc., 280 Md. 686, 711-13, 376 A.2d 483, 497-98 (1977); Richmarr, 117 Md.App. at 636, 701 A.2d at 893-94. The quasi-judicial process must observe the requirements of Art. 66B, § 4.05.

Because the power to regulate land use necessarily places the local government in the position of potentially circumscribing a citizen’s rights or expectations as to the desired use for a given piece of real property, our appellate courts repeatedly have identified the source of those powers and set forth the minimum procedures necessary to insure that these powers are exercised in an appropriate manner. In White v. Spring, 109 Md.App. 692, 696-97, 675 A.2d 1023, 1025 (1996), the Court of Special Appeals succinctly stated that, absent a confiscatory regulation or result:

[ojriginal zonings (including master planning) and comprehensive rezoning are limited only by the general boundaries of the ... appropriate procedural and due process considerations. A legislative body establishes zoning policy through its adoption of master plans, comprehensive zoning and comprehensive rezoning. So long as (1) the appropriate procedural criteria are met, (2) the due process limitations have been duly addressed, (3) the policy is designed to achieve a valid public purpose, and (4) the police power is not otherwise exceeded, comprehensive zoning and comprehensive rezoning-i.e., the conclusions of the legislative bodies, cannot be a mistake, except where it is proven by substantial evidence that the information relied upon by the legislative entity was wrong, i.e., a mistake.

See also Mraz v. County Comm’rs of Cecil County, 291 Md. 81, 88-89, 433 A.2d 771, 776 (1981); Grooms v. LaVale Zoning Bd., 27 Md.App. 266, 277, 340 A.2d 385, 393 (1975).⁸

C. Euclidean Zones⁹

“Zoning is concerned with dimensions and uses of land or structures.... ” Friends of the Ridge v. Baltimore Gas & Elec. Co., 352 Md. 645, 655, 724 A.2d 34, 39 (1999). Euclidean zoning is a fairly static and rigid form of zoning named after the basic zoning ordinance upheld in Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 47 S.Ct. 114, 71 L.Ed. 303 (1926).¹⁰ As explained in Rouse-Fairwood Dev. Ltd. P’ship v. Supervisor of Assessments for Prince George’s County, 138 Md.App. 589, 623, 773 A.2d 535, 555 (2001):

The term ‘Euclidean’ zoning describes the early zoning concept of separating incompatible land uses through the establishment of fixed legislative rules.... ’ 1 ZIEGLER, RATHKOPF’S THE LAW OF ZONING AND PLANNING (4th Ed. Rev.1994), § 1.01(c), at 1-20 (“Rathkopfs”). Generally, by means of Euclidean zoning, a municipality divides an area geographically into particular use districts, specifying certain uses for each district. “Each district or zone is dedicated to a particular purpose, either residential, commercial, or industrial,” and the “zones appear on the municipality’s official zoning map.” 5 Rathkopfs, § 63.01, at 63-1-2. In this way, the municipality ‘provides the basic framework for implementation of land use controls at the local level.’ 1 Rathkopfs, § 1.01(c), at 1-22.

Euclidian zoning is designed to achieve stability in land use planning and zoning and to be a comparatively inflexible, self-executing mechanism which, once in place, allows for little modification beyond self-contained procedures for predetermined exceptions or variances. This relative inflexibility is reflected in the requirement, found in Art. 66B, § 4.02, of regulatory uniformity within zoning districts.¹¹

D. The Zoning Process in Greater Depth

1. Original and Comprehensive Zoning

As noted, supra, the act of zoning either may be original or comprehensive (covering a large area and ordinarily initiated by local government) or piecemeal (covering individual parcels, lots, or assemblages, and ordinarily initiated by the property owner). The requirements which must be met for an act of zoning to qualify as proper comprehensive zoning are that the legislative act of zoning must: 1) cover a substantial area; 2) be the product of careful study and consideration; 3) control and direct the use of land and development according to present and planned future conditions, consistent with the public interest; and, 4) set forth and regulate all permitted land uses in all or substantially all of a given political subdivision, though it need not zone or rezone all of the land in the jurisdiction. Mraz, 291 Md. at 88-89, 433 A.2d at 776; Woodward & Lothrop, Inc., 280 Md. at 702, 376 A.2d at 492-93; County Council for Montgomery County v. District Land Corp., 274 Md. 691, 699-700, 337 A.2d 712, 717 (1975); Norbeck, 254 Md. at 65-66, 254 A.2d at 704-05; Scull v. Coleman, 251 Md. 6, 9-11, 246 A.2d 223, 224-25 (1968); Grooms, 27 Md.App. at 277, 340 A.2d at 393.

The motives or wisdom of the legislative body in adopting an original or comprehensive zoning enjoy a strong presumption of correctness and validity, Norbeck, 254 Md. at 65-66, 254 A.2d at 704-05. The zoning so established may be changed thereafter by the zoning authority only by the adoption of a subsequent comprehensive rezoning, or, in the case of a piecemeal Euclidean zoning application, upon a showing that there was a mistake in the prior original or comprehensive zoning or evidence that there has been a substantial change in the character of the neighborhood since the time the original or comprehensive zoning was put in place. Stratakis v. Beauchamp, 268 Md. 643, 652-53, 304 A.2d 244, 249 (1973); Anne Arundel County v. Maryland Nat’l Bank, 32 Md.App. 437, 440, 361 A.2d 134, 136 (1976). As will be discussed infra when we address piecemeal zoning, the impact of this presumption often has been felt to be unduly harsh to the landowner who finds that planned uses of a property are no longer allowed under the zoning classification into which the land has been placed. The presumption performs, however, and perhaps somewhat ironically, a critically essential function to the benefit of the property owner. Because zoning necessarily impacts the economic uses to which land may be put, and thus impacts the economic return to the property owner, the requirement that there be uniformity within each zone throughout the district is an important safeguard of the right to fair and equal treatment of the landowners at the hands of the local zoning authority. Frankly put, the requirement of uniformity serves to protect the landowner from favoritism towards certain landowners within a zone by the grant of less onerous restrictions than are applied to others within the same zone elsewhere in the district, and also serves to prevent the use of zoning as a form of leverage by the local government seeking land concession, transfers, or other consideration in return for more favorable zoning treatment.

Rigidity is not without its drawbacks. No planning and zoning scheme, regardless of how well-studied and designed, can accommodate all of the minute geographical differences found in a given region, or anticipate all of the future changes or desired uses to which the lands subject to zoning conceivably and appropriately may be put, or uses to which owners, in the free exercise of their property interests, may wish their land to be put. In response to the imperfect nature of planning and zoning and the need for greater flexibility in responding to the impacts of these imperfections, various mechanisms have been designed and incorporated into the planing and zoning process to allow for changes in the uses allowed within a given zone while at the same time retaining the safeguards of the requirement of uniformity within zones. This is the raison d’etre for floating zones, variances, conditional uses/special exceptions, and even non-conforming uses. Of some of these vehicles, the venerable scribe of Maryland zoning jurisprudence, Stanley D. Abrams, Esquire, notes:

A special exception or conditional use refers to a permissive land use category authorized by a zoning or administrative body pursuant to the existing provisions of the zoning law and subject to guides, standard and conditions for such special use which is permitted under provisions of the existing zoning law. A variance refers to administrative relief which may be granted from the strict application of a particular development limitation in the zoning ordinance (i.e., setback, area and height limitations, etc.). The principle of a nonconforming use protects the vested rights of property owner against changes in the zoning ordinance which may impair or prohibit the owner’s existing use of his property.

Stanley D. Abrams, Guide to Maryland Zoning Decisions, § 11.1 (3d ed., Michie 1992).¹² While these mechanisms give increased flexibility to zoning regulatory schemes, protection against abuse is provided by the fact that the specific requirements and available alternatives for each mechanism must be spelled out in detail as a part of the comprehensive zoning ordinance, and thus cannot be “made-up”out of convenience or expediency on a case-by-case basis.¹³

2. Piecemeal Zoning

As was pointed out supra, the requirement that restrictions within a zone apply uniformly to all of the properties within that zone throughout the district serves to protect land owners from arbitrary use of zoning powers by zoning authorities. Though at first seemingly contradictory, it is for this reason that the motives or wisdom of the legislative body in adopting an original or comprehensive zoning enjoy a strong presumption of correctness and validity. Norbeck, 254 Md. at 65-66, 254 A.2d at 704-05. As a consequence, the original or comprehensive zoning may be changed (unless by a subsequent comprehensive zoning) only by a subsequent piecemeal zoning, which in the case of a Euclidean zone may be granted only upon a showing of change or mistake as previously discussed. Stratakis, 268 Md. at 652-53, 304 A.2d at 249; Richmarr, 117 Md.App. at 635-37, 701 A.2d at 893-94. This requirement, known as the “change-mistake rule,” like the rule of uniformity within zones, endeavors to serve the important function of preventing the arbitrary use and/or abuse of the zoning power.

The “change-mistake” rule is a rule of the either /or type. The “change” half of the “change-mistake” rule requires that, in order for a piecemeal Euclidean zoning change to be approved, there must be a satisfactory showing that there has been significant and unanticipated change in a relatively well-defined area (the “neighborhood”) surrounding the property in question since its original or last comprehensive rezoning, whichever occurred most recently. The “mistake” option of the rule requires a showing that the underlying assumptions or premises relied upon by the legislative body during the immediately preceding original or comprehensive rezoning were incorrect. In other words, there must be a showing of a mistake of fact. Mistake in this context does not refer to a mistake in judgment. Additionally, even where evidence of a change or mistake is adduced, there is no reciprocal right to a change in zoning, nor is there a threshold evidentiary standard which when met compels rezoning. Even with very strong evidence of change or mistake, piecemeal zoning may be granted, but is not required to be granted, except where a failure to do so would deprive the owner of all economically viable use of the property. See Mayor and Council of Rockville v. Stone, 271 Md. 655, 660-64, 319 A.2d 536, 540-41 (1974); Burgess v. 103-29 Ltd. P’ship, 123 Md.App. 293, 298-99, 718 A.2d 613, 616 (1998); People’s Counsel for Baltimore County v. The Prosser Co., Inc., 119 Md.App. 150, 179, 704 A.2d 483, 498 (1998); The Bowman Group v. Dawson Moser, 112 Md.App. 694, 699-702, 686 A.2d 643, 646-47 (1996); People’s Counsel for Baltimore County v. Beachwood I Ltd. P’ship, 107 Md.App. 627, 638-59, 670 A.2d 484, 489-500 (1995); Boyce v. Sembly, 25 Md.App. 43, 49-53, 334 A.2d 137, 141-44 (1975). In Maryland, the change-mistake rule applies to all piecemeal zoning applications involving Euclidian zones, including those involving conditional zoning.¹⁴ The change-mistake rule does not apply, in any event, to changes in zoning made in a comprehensive rezoning, or the piecemeal grant of a floating zone.¹⁵

3. Special Exceptions/Conditional Uses

Another mechanism allowing some flexibility in the land use process, without abandoning the uniformity principle, is the “special exception” or “conditional use.” ¹⁶ As was noted supra, the City of Rockville’s I-1 zoning classification does not allow for the operation of a gasoline service station except upon the grant of a special exception. During the legislative process of defining zones and identifying the permitted uses for each zone, the local legislature also identifies additional uses which may be conditionally compatible in each zone, but which should not be allowed unless specific statutory standards assuring compatibility are met by the applicant at the time separate approval of the use is sought. “The special exception use is a valid zoning mechanism that delegates to an administrative Board limited authority to allow enumerated uses which the legislature has determined to be permissible absent any fact or circumstance negating the presumption.” Schultz v. Pritts, 291 Md. 1, 11, 432 A.2d 1319, 1325 (1981).¹⁷ Put another way, a special exception use is an additional use which the controlling zoning ordinance states will be allowed in a given zone unless there is showing that the use would have unique adverse affects on the neighboring properties within the zone. Rockville Fuel & Feed Co. v. Board of Appeals of the City of Gaithersburg, 257 Md. 183, 188-91, 262 A.2d 499, 502-03 (1970); Cadem v. Nanna, 243 Md. 536, 543, 221 A.2d 703, 707 (1966); Anderson v. Sawyer, 23 Md.App. 612, 617-18, 329 A.2d 716, 720-21 (1974).

The disqualifying adverse effect or effects must be more than mere annoyance. Classifying such uses as special exceptions or conditional uses (as opposed to permitted uses) assumes that those uses will include some adverse impacts. Mossburg v. Montgomery County, 107 Md.App. 1, 7-11, 666 A.2d 1253, 1256-58 (1995). As we pointed out in Schultz, 291 Md. at 11, 432 A.2d at 1325 (1981) “[t]he appropriate standard to be used in determining whether a requested special exception use would have an adverse effect and, therefore, should be denied is whether there are facts and circumstances that show that the particular use proposed at the particular location proposed would have any adverse effects above and beyond those inherently associated with such a special exception use irrespective of its location within the zone.”

Because special exceptions are legislatively-created within the comprehensive zoning regulatory scheme, they enjoy the presumption of correctness and are an appropriate tool for the exercise of a local government’s police powers. Brandywine Enterprises, Inc. v. Prince George’s County Council, 117 Md.App. 525, 700 A.2d 1216 (1997). Because of this presumption, special exception applications are not governed by the “change-mistake Rule.” Cadem, 243 Md. at 543, 221 A.2d at 707.

4. Conditional Zoning

Another important zoning mechanism is “conditional zoning.” At one time, in most States, conditional zoning was improper. This, as late as the 1950’s, was also the case in Maryland. Some states, either by case law and/or statute, approved, however, some level of conditional zoning. Particularly illustrative for our purposes is the case of Collard v. Village of Flower Hill, 52 N.Y.2d 594, 600-01, 439 N.Y.S.2d 326, 421 N.E.2d 818, 821 (1981), where the Court stated:

Probably the principal objection to conditional rezoning is that it constitutes illegal spot zoning, thus violating the legislative mandate requiring that there be a comprehensive plan for, and that all conditions be uniform within, a given zoning district. When courts have considered the issue (see, e.g., Baylis v. City of Baltimore, 219 Md. 164, 148 A.2d 429; Houston Petroleum Co. v. Automotive Prods. Credit Ass’n., 9 N.J. 122, 87 A.2d 319; Hausmann & Johnson v. Berea Bd. of Appeals, 40 Ohio App.2d 432, 320 N.E.2d 685), the assumptions have been made that conditional zoning benefits particular landowners rather than the community as a whole and that it undermines the foundation upon which comprehensive zoning depends by destroying uniformity within use districts. Such unexamined assumptions are questionable. First, it is a downward change to a less restrictive zoning classification that benefits the property rezoned and not the opposite imposition of greater restrictions on land use. Indeed, imposing limiting conditions, while benefitting surrounding properties, normally adversely affects the premises on which the conditions are imposed. Second, zoning is not invalid per se merely because only a single parcel is involved or benefitted (Matter of Mahoney v. O’Shea Funeral Homes, 45 N.Y.2d 719, 408 N.Y.S.2d 470, 380 N.E.2d 297); the real test for spot zoning is whether the change is other than part of a well-considered and comprehensive plan calculated to serve the general welfare of the community. Such a determination, in turn, depends on the reasonableness of the rezoning in relation to neighboring uses-an inquiry required regardless of whether the change in zone is conditional in form. Third, if it is initially proper to change a zoning classification without the imposition of restrictive conditions notwithstanding that such change may depart from uniformity, then no reason exists why accomplishing that change subject to condition should automatically be classified as impermissible spot zoning.

... If modification to a less restrictive zoning classification is warranted, then a foHiori conditions imposed by a local legislature to minimize conflicts among districts should not in and of themselves violate any prohibition against spot zoning, (citation omitted).

As we will address in more detail infra, it is clear that Maryland now approves of at least limited conditional zoning, as codified in Art. 66B, § 4.01(c).¹⁸ As we pointed out in Attman/Glazer P.B. Co. v. Mayor & Aldermen of Annapolis, 314 Md. 675, 687, n. 8, 552 A.2d 1277, 1284, n. 8 (1989):

Conditional zoning, once roundly condemned, appears to be in the ascendancy. In Maryland, the concept has evolved indirectly through the use of various zoning devices such as planned developments, and has found at least limited favor with the state legislature. See Article 66B, §§ 4.01(b) permitting a county or municipal corporation to impose certain conditions at the time of zoning or rezoning land, under certain circumstances. See also People’s Counsel v. Mockard, 73 Md.App. 340, 343-45, 533 A.2d 1344 (1987); and Bd. of Co. Comm’rs v. H. Manny Holtz, Inc., 65 Md.App. 574, 579-86, 501 A.2d 489 (1985) (holding that §§ 4.01(b) of Article 66B authorizes the imposition of conditions applicable to structural and architectural character of the land and improvements thereon, and does not authorize conditional use rezoning). We need not, and do not, offer an opinion concerning the intermediate appellate court’s interpretation of the scope of § 4.01(b).¹⁹

5. Spot Zoning

Although we need not, and therefore shall not, decide whether the City of Rockville’s grant of the 1-1 zone for the subject property constitutes illegal spot zoning because we decide the case on other grounds, we shall describe briefly the principles of spot zoning so that the potential nexus between it and conditional zoning may be appreciated. In Tennison v. Shomette, 38 Md.App. 1, 8, 379 A.2d 187, 192 (1977), the Court of Special Appeals pointed out that

[s)pot zoning occurs when a small area in a District is placed in a different zoning classification than the surrounding property ... Spot zoning is not invalid per se. Rather, its validity depends on the facts of each individual case .... while spot zoning is illegal if it is inconsistent with an established comprehensive plan and is made solely for the benefit of a private interest, it is a valid exercise of the police power where the zoning is in harmony with the comprehensive plan and there is a substantial relationship to the public health, safety and general welfare.

See also Mraz, 291 Md. at 88, 433 A.2d at 775.

We discussed the concept of “spot zoning” in the case of Cassel v. Mayor and City Council of Baltimore, 195 Md. 348, 73 A.2d 486 (1950), at one time considered a leading case on the topic. There, we said:

Zoning is permissible only as an exercise of the police power of the State. When this power is exercised by a city, it is confined by the limitations fixed in the grant by the State and to the accomplishment of the purposes for which the State authorized the city to zone....

‘Spot zoning,’ the arbitrary and unreasonable devotion of a small area within a zoning district to a use which is inconsistent with the use to which the rest of the district is restricted, has appeared in many cities in America as the result of pressure put upon councilmen to pass amendments to zoning ordinances solely for the benefit of private interests____ It is, therefore, universally held that a ‘spot zoning’ ordinance, which singles out a parcel of land within the limits of a use district and marks it off into a separate district for the benefit of the owner, thereby permitting a use of that parcel inconsistent with the use permitted in the rest of the district, is invalid if it is not in accordance with the comprehensive zoning plan and is merely for private gain.

On the other hand, it has been decided that a use permitted in a small area, which is not inconsistent with the use to which the larger surrounding area is restricted, although it may be different from that use, is not ‘spot zoning’ when it does not conflict with the comprehensive plan but is in harmony with an orderly growth of a new use for property in the locality. The courts have accordingly upheld the creation of small districts within a residential district for use of grocery stores, ... and even gasoline filling stations, for the accommodation and convenience of the residents of the residential district.

Id. at 353-56, 73 A.2d at 488-90 (emphasis added) (citations omitted).

6. Contract Zoning

A final zoning concept we shall mention briefly in this primer is “contract zoning.” It occurs when an agreement is entered between the ultimate zoning authority and the zoning applicant/ property owner which purports to determine contractually how the property in question will be zoned, in derogation of the legal prerequisites for the grant of the desired zone. Absent valid legislative authorization, it is impermissible because it allows a property owner to obtain a special privilege not available to others, Wakefield v. Kraft, 202 Md. 136, 142-44, 96 A.2d 27, 29-30 (1953), disrupts the comprehensive nature of the zoning plan, and, most importantly, impermissibly derogates the exercise of the municipality’s powers. Attman/Glazer, 314 Md. at 685-86, 552 A.2d at 1282-83; Baylis v. City of Baltimore, 219 Md. 164, 169-70, 148 A.2d 429, 433 (1959); Beachwood, 107 Md.App. at 668-75, 670 A.2d at 504-08. Agreements between the landowner and governmental agencies who do not wield the final zoning authority or entities extrinsic to the formal zoning process, such as civic associations, however, may be permissible. Funger v. Mayor & Council of the Town of Somerset, 249 Md. 311, 328, 239 A.2d 748, 757 (1968); Rodriguez v. Prince George’s County, 79 Md.App. 537, 553, 558 A.2d 742, 750 (1989).

III.

Having surveyed generally the relevant zoning mechanisms, concepts, and principles potentially implicated by the case sub judice, we now shall employ them in our analysis of the relevant facts. We address the necessary certiorari issues in a different order than they were raised chronologically in this case because logic dictates that we do so.

A.

Article 23A, § 9(c)(1) and (2)

Maryland Code (1957, 1998 Repl.Vol.), Article 23A, § 9(c)(1)and (2) provides as follows:

(c) Limitations on charter amendments; effect of annexation.—(1) A municipal corporation which is subject to the provisions of Article XI-E of the Maryland Constitution may not amend its charter or exercise its powers of annexation, incorporation or repeal of charter as to affect or impair in any respect the powers relating to sanitation, including sewer, water and similar facilities, and zoning, of the Washington Suburban Sanitary Commission or of the Maryland National Capital Park and Planning Commission. Except that where any area is annexed to a municipality authorized to have and having then a planning and zoning authority, the municipality shall have exclusive jurisdiction over planning and zoning and subdivision control within the area annexed; provided nothing in this exception shall be construed or interpreted to grant planning and zoning authority or subdivision control to a municipality not authorized to exercise that authority at the time of such annexation; and further provided, that no municipality annexing land may for a period of five years following annexation, place that land in a zoning classification which pemits a land use substantially different from the use for the land specified in the current and duly adopted master plan or plans or if there is no adopted or approved master plan, the adopted or approved general plan or plans of the county or agency having planning and zoning jurisdiction over the land prior to its annexation without the express approval of the board of county commissioners or county council of the county in which the municipality is located.

(2) If the county expressly approves, the municipality, without regard to the provisions of Article 66B, § 4.05(a) of the Code, may place the annexed land in a zoning classification that permits a land use substantially different from the use for the land specified in the current and duly adopted master plan or general plan of the county or agency having planning and zoning jurisdiction over the land prior to its annexation, (emphasis added).

The Owners argue that the language “duly adopted master plan or plans or if there is no adopted or approved master plan, the adopted or approved general plan or plans of the county or agency having planning and zoning jurisdiction over the land prior to its annexation” should be interpreted to mean that the General Assembly intended that, upon annexation of new lands into the City of Rockville, the City is to look first to its own land use plans, if any, to determine zoning consistency. That is to say, the Owners’ position is that the statutory consistency requirement is met if the new zoning is consistent with Rockville’s own plan, and consistency with the plan or plans of the pre-annexation jurisdiction is not required. Given the language of the statute, as well as its legislative history, we do not conclude that to be the case.

In Mazor v. Department of Correction, 279 Md. 355, 360-61, 369 A.2d 82, 86-87 (1977), we set out the six principal tenets of statutory interpretation:

[ 1 ' The cardinal rule of construction of a statute is to ascertain and carry out the real intention of the Legislature.

/2] The primary source from which we glean this intention is the language of the statute itself.

3 .] In construing a statute, we accord the words their ordinary and natural signification.

4 ,] If reasonably possible, a statute is to be read so that no word, phrase, clause, or sentence is rendered surplus-age or meaningless.

(5] Similarly, wherever possible an interpretation should be given to statutory language which will not lead to absurd consequences.

+6] Moreover, if the statute is part of a general statutory scheme or system, the sections must be read together to ascertain the true intention of the Legislature, (citations omitted).

As noted, absurd results in the interpretive analysis of a statute are to be shunned. This Court stated in D & Y, Inc. v. Winston, 320 Md. 534, 538, 578 A.2d 1177, 1179 (1990), that “construction of a statute which is unreasonable, illogical, unjust, or inconsistent with common sense should be avoided.” (citations omitted). See also Blandon v. State, 304 Md. 316, 319, 498 A.2d 1195, 1196 (1985) (“[Rjules of statutory construction require us to avoid construing a statute in a way which would lead to absurd results.”); Erwin and Shafer, Inc. v. Pabst Brewing Co., 304 Md. 302, 311, 498 A.2d 1188, 1192 (1985) (“A court must shun a construction of a statute which will lead to absurd consequences.”).

We recently reiterated when recourse to legislative history is necessary in Liverpool v. Baltimore Diamond Exchange, Inc., 369 Md. 304, 316-18, 799 A.2d 1264, 1271-72 (2002), stating that:

In Mayor of Baltimore v. Chase, 360 Md. 121, 128, 756 A.2d 987, 991 (2000), we instructed:

Of course, the cardinal rule is to ascertain and effectuate legislative intent. To this end, we begin our inquiry with the words of the statute and, ordinarily, when the words of the statute are clear and unambiguous, according to their commonly understood meaning, we end our inquiry there also.

* * * * * *

We have acknowledged that, in ascertaining a statute’s meaning, we must consider the context in which a statute appears. In this regard we have instructed:

When the statute to be interpreted is part of a statutory scheme, it must be interpreted in that context. That means that, when interpreting any statute, the statute as a whole must be construed, interpreting each provision of the statute in the context of the entire statutory scheme. Thus, statutes on the same subject are to be read together and harmonized to the extent possible, reading them so as to avoid rendering either of them, or any portion, meaningless, surplusage, superfluous or nugatory. Whiting-Turner Contracting Co. v. Fitzpatrick, 366 Md. 295, 302-03, 783 A.2d 667, 671 (2001) (internal quotations omitted) (citations omitted).

On the other hand, “where the meaning of the plain language of the statute, or the language itself, is unclear, ‘we seek to discern legislative intent from surrounding circumstances, such as legislative history, prior case law, and the purposes upon which the statutory framework was based.’ ” We recently explained the rules applicable when the terms of a statute are ambiguous:

‘When the words of a statutory provision are reasonably capable of more than one meaning, and we examine the circumstances surrounding the enactment of a legislative provision in an effort to discern legislative intent, we interpret the meaning and effect of the language in light of the objectives and purposes of the provision enacted. Such an interpretation must be reasonable and consonant with logic and common sense. In addition, we seek to avoid construing a statute in a manner that leads to an illogical or untenable outcome.

We defined the term “ambiguity” as “reasonably capable of more than one meaning,” and further explained that:

‘language can be regarded as ambiguous in two different respects: 1) it may be intrinsically unclear ...; or 2) its intrinsic meaning may be fairly clear, but its application to a particular object or circumstance may be uncertain.’ Thus, a term which is unambiguous in one context may be ambiguous in another.

(Some internal citations omitted).

Although we shall conclude that no rational argument can be made to suggest that the language in Art. 23A, § 9(c)(1) refers to plans other than those of the pre-annexation zoning authority, a plain meaning approach does not yield this conclusion as the ready answer. A fair reading of the statute in its historical development, however, supports no other conclusion. Applying the interpretational rules to the pertinent statute, we first look to the language of the statute itself. Art. 23A, § 9(c) grants to the annexing municipality exclusive zoning powers, but then sets forth a number of threshold conditions or exceptions, the most important of which for our present purpose is:

that no municipality annexing land may for a period of five years following annexation, place that land in a zoning classification which permits a land use substantially different from the use for the land specified in the current and duly adopted master plan or plans or if there is no adopted or approved master plan, the adopted or approved general plan or plans of the county or agency having planning and zoning jurisdiction over the land prior to its annexation without the express approval of the board of county commissioners or county council of the county in which the municipality is located, (emphasis added).

The language of the clause is arguably ambiguous. As written, there are two possible plain meaning interpretations of the language.

Under the first of these, the annexing municipality is directed, as the Owners argue, to look to its own land use plans first, and only if it has none is it required to look to the plans of the pre-annexation jurisdiction. This interpretation is made ■ possible theoretically by Maryland Code (1957, 1998 Repl.Vol., 2002 Supp.), Article 66B § 3.05(a)(2)(ii), which provides that a municipality’s master plan should “include any areas outside of its boundaries which, in the commission’s judgment, bear relation to the planning responsibilities of the commission.” Without Art 66B, § 3.05(a), the annexing municipality would have no plan of its own to refer to, and it would be clear that the language in Art. 23A, § 9 refers solely to the plans of the pre-annexation jurisdiction. The Owners’ literal interpretation is that if the annexing jurisdiction’s plan includes a land use recommendation for an area originally outside of its jurisdiction in anticipation of its possible future annexation, then it may look first to its own municipal plan and is only required to look to the county plan if there is no municipal plan, or the municipal plan failed to make an anticipatory use recommendation covering the annexed area. For the reasons set forth infra, this interpretation is not persuasive as its logical support requires a degree of intellectual “cherry-picking” from both the overall pertinent statutory scheme and its legislative history.

The second possible interpretation is that the General Assembly merely was acknowledging the hierarchy of local governmental planning and the differing terminology used to identify those various land use plans by the various jurisdictions. Under this interpretation, the language may be read to require the annexing municipality to look to the duly adopted “master plan or plans” of the county or other jurisdiction having planning and zoning jurisdiction over the land prior to its annexation, and if the county has no duly adopted “master plan or plans,” then the annexing municipality must look to the county’s general plan or plans. Under this interpretation, the terms “plan” or “plans” always refers to the land use recommendations of the pre-annexation jurisdiction, and renders the land use plans of the annexing municipality, for purposes of determining zoning consistency at the time of annexation, not relevant.

Given the historical development of Article 23A, § 9, discussed infra, we conclude that the latter interpretation is correct. As we pointed out in Maryland-National Capital Park and Planning Comm’n v. Mayor and Council of Rock-ville, 272 Md. 550, 561, 325 A.2d 748, 754-55 (1974), discussing the legislative purpose of this section as it existed at that time:

A major objective of Chapter 116 [Laws 1971—amending Art. 23A, § 9] is to preserve the integrity of the Master Plan adopted by the jurisdiction or commission having planning power immediately prior to annexation. In enacting Chapter 116, the General Assembly validly could have considered that the planning and zoning functions frequently involve large areas, and not merely the land being annexed; and, therefore, that a substantial change in the zoning of an annexed tract might well be disruptive to the planning for the surrounding areas. Thus, the statute is rationally related to a legitimate state objective, and is not arbitrary or unreasonable, (citations omitted).

See also Northeast Plaza Associates v. President and Comm’rs of the Town of North East, 310 Md. 20, 28-31, 526 A.2d 963, 967-69 (1987).. Thus, we have held that the purpose of the section as previously enacted was to limit the power of municipalities and preserve the zoning of the pre-annexation jurisdiction for a period of five years,²⁰ and there is nothing in the subsequent history of this section to suggest the General Assembly subsequently intended otherwise.

The interpretation that the language in question is meant to limit, or to put it more precisely, delay, the exclusive zoning authority of an annexing municipality is buttressed when we view § 9 as a whole, and as part of the larger statutory scheme. It is “well settled” that “the title of an act is relevant to ascertainment of its intent and purpose.... ” MTA v. Balto. Co. Revenue Auth., 267 Md. 687, 695-696, 298 A.2d 413 (1973). Article 23A, § 9 is titled Definitions and limitations. As such, one legitimately may expect that the legislative intent is to define and limit the powers of annexing municipalities, rather than to expand them. Reinforcing this expectation is the fact that § 9(c) is specifically titled Limitations on charter amendments; effect of annexation. Again, one would expect that the contents of this sub-section are intended to set forth limits or to withhold from municipalities, under certain circumstances, the ability to exercise zoning power in certain annexation situations.

Further reinforcing the view that the pertinent language is meant to refer only to the plans of the pre-annexation jurisdiction is the fact that Md.Code (1957, 1998 Repl.Vol., 2002 Supp.), Article 66B, § 1.00(h)(2)²¹ specifically recognizes that a local government planning document may be called by different names when it states that “ ‘Plan’ includes a general plan, master plan, comprehensive plan, or community plan adopted in accordance with §§ 3.01 through 3.09 of this article.” Thus, in light of the above, when § 9(c)(1) is read together with § 9(c)(2), it becomes clear that the language in both sub-sections refers only to the plans of the pre-annexation county. As six Maryland counties²² put it in their Amici Curiae brief:

... [T]he “county or agency having planning and zoning jurisdiction” modifier, contrary to [the Owners’] suggestion, applies to both “master” plans and “general” plans. While the sentence at the end of subsection (c)(1) might possibly be strained to say, as [the Owners] urge, that the “master plan or plans” language refers to any kind of master plan-including Rockville’s, which extends beyond City boundaries-the sentence in subsection (c)(2) clearly means that the “master” plan or “general” plan to be followed is that of the “county or agency having planning and zoning jurisdiction over the land prior to its annexation.” (Brief at 18).

Reading the language of § 9(c)(1) as including reference to the plan of an annexing municipality, as urged by the Owners, renders the sub-section effectively a nullity, as any municipality wishing to avoid the five year rule could do so relatively easily by adopting its own contrarian plan, assuming that it was fully empowered to do so. We note, however, that this is not what the General Assembly said, and there is no indication that this is what it meant. Not even the City of Rockville endorses the Owners’ argument in this regard.

We turn now to examine the relevant legislative history. As we pointed out in Prince George’s County v. Mayor and City Council of Laurel, 262 Md. 171, 177-78, 277 A.2d 262, 265-66 (1971), Chapter 423, Laws 1955, a progenitor of Art. 23A, § 9(c), operated to prohibit municipalities in Montgomery and Prince George’s counties from exercising annexation or zoning powers if to do so would interfere with the powers exercised by the Maryland National Capital Park and Planing Commission. This balance of power briefly shifted toward the municipalities with the passage of Chapter 197, Laws 1957, when the Legislature created an exception to the prohibition created by Chapter 423, by providing that:

Except that where any area is annexed to a municipality authorized to have and having then a planning and zoning authority, the said municipality shall have exclusive jurisdiction over planing and zoning within the area annexed....

This provision represents the highwater mark of municipal power under this section, and is the last instance where municipalities with zoning and planning authority wielded relative autonomy with respect to the initial zoning of annexed lands.

In 1971 this autonomy ceased. As we previously pointed out in Northeast, 310 Md. at 28-29, 526 A.2d at 967-68; MNCPPC v. Mayor and Council of Rockville, 272 Md. 550, 561, 325 A.2d 748, 754-55 (1974); and City of Gaithersburg v. Montgomery County, Maryland, 271 Md. 505, 511-13, 318 A.2d 509, 512-13 (1974), the General Assembly enacted Chapter 116, Laws 1971 ²³ to limit the power of municipalities to zone annexed property. The statute specifically stated that:

... no municipality annexing land may for a period of five years following annexation, place such land in a zoning classification which permits a land use substantially different from the use for such land specified in the current and duly adopted master plan or plan of the county or agency having planing and zoning jurisdiction over such land prior to its annexation, (emphasis added).

This language was modified by Chapter 33, Laws 1972, which removed the word “plan” and replaced it with the word “plans.” There can be no doubt, from the language of the statute as it existed in 1971 and 1972, that the terms “plan” or “plans” found in Chapters 116 and 33, respectively, refer to the plan or plans of- the pre-annexation county jurisdiction, and not those of the annexing municipality. That the clause “of the county or agency having planning and zoning jurisdiction over the land prior to annexation” follows immediately after the terms “master plan or plan (later ‘plans’)” makes this point indisputable. The use of multiple terms for the concept of a plan merely indicates the General Assembly’s recognition that the political subdivisions of the State use more than one term to identify their land use “plan” or their internal hierarchy of plans.²⁴ Nothing in subsequent amendments to this section reasonably can be taken to have altered this meaning.

Chapter 613, Laws 1975, made two relevant changes to Art. 23A, § 9(c), First, language was added which clarified that the amendments of Chapter 33, Laws 1972, had been intended to acknowledge the different terminology used by the various jurisdictions to identify their land use “plans.” Second, apparently in response to our decisions in Maryland-Nat’l Capital Park and Planning Comm’n v. Mayor and Council of Rockville, 272 Md. 550, 325 A.2d 748 (1974) and City of Gaithersburg v. Montgomery County, 271 Md. 505, 318 A.2d 509 (1974), where we held municipal rezoning actions invalid on the ground of inconsistency with county master plan recommendations, Chapter 613 provided a means where the five year limitation on the annexing jurisdiction’s ability to change the zoning of the annexed property could be waived if express county approval were obtained. As a result of the adoption of Chapter 613, Art. 23A, § 9(c), read:

... or if there is no adopted or approved master plan, the adopted or approved general plan or plans of the county or agency having planning and zoning jurisdiction over the land prior to its annexation without the express approval of the Board of County Commissioners or County Council of the county in which the municipality is located, (emphasis added).

The last change that lead to the statute in its current form occurred in 1988 when Chapter 450 (House Bill (H.B.) 667 repealed and reenacted the statute with new subsection (c)(2)). It was a direct response to our opinion in Northeast. In Northeast, we held that the change-mistake requirements of Article 66B, § 4.05(a), applied even where county approval of the municipality’s annexation and rezoning had been obtained. In Northeast, we stated that:

By ch. 613 of the Acts of 1975, the General Assembly again amended § 9(c) to allow ‘substantially different’ rezoning of annexed land without regard to the five-year limitation, if the municipality obtained the express approval of the appropriate county. As amended, therefore, nothing in § 9(c) purports to preclude a municipality from rezoning annexed land when, as here, it obtains the county’s express consent.... But nothing in § 9(c) eliminates the requirement that the municipality comply with the pertinent provisions of Art. 66B, and with its own charter, when it engages in the process of zoning newly annexed land.

Id. at 29, 526 A.2d at 968 (emphasis added) (footnote omitted).

Chapter 450, Laws of 1988, added subsection (c)(2) to abrogate our holding in Northeast by making clear that county approval eliminated not only the five year limitation, but the change-mistake rule as well. There is, however, nothing in the changes made by Chapter 450 to indicate that the Legislature intended a change in its established position regarding consistency with a county’s land use plan recommendation for annexed lands and thereby granting additional powers to annexing municipalities by redefining the meaning of “master plan or plans” to include, exclusively or otherwise, reference to the plan or plans of the annexing municipality. Given the history of the provision, such an interpretation would be cut from whole cloth and without support either in the language of the statute or its evolution.

For example, the Floor Report of the Economic and Environmental Affairs Committee regarding H.B. 667, in relevant part, provided:

This bill addresses ... Northeast ..., which held that when a municipality rezones land as part of an annexation, a municipality must comply with the ... ‘change/mistake rule’.... Historically, the zoning of annexed property has been viewed as original zoning.... In 1975, the General Assembly passed legislation enabling a municipality to substantially alter the land use of annexed land with the express approval of the county....

In the course of proceedings leading to a favorable report by the Constitutional and Administrative Law Committee on the bill, the Attorney General, in a letter dated 18 March 1988, observed:

The bill is designed to overrule the decision of the Court of Appeals in Northeast Plaza v. Town of North East, 310 Md. 20, 526 A.2d 963 (1987), which held that a municipality’s power to rezone annexed land to a substantially different use was subject to the requirements of § 4.05(a) of Article 66B-the statutory embodiment of the “change or mistake rule” for rezoning.

As a result of House Bill 667, as amended, § 9(c) would establish two different regulations for municipal rezoning in annexed areas. If a county expressly approved the zoning change, the municipality would not have to show a change or mistake to rezone. If the county did not approve, the municipality would have to wait five years before it could change to a substantially different use in the annexed areas; and even after the five-year period, it would have to show a change or mistake, as provided in § 4.05(a) of Article 66B in order to rezone.

We agree with the Attorney General. The proper interpretation of § 9(c) is that a municipality may not zone, for a five year period, newly annexed lands to a zone substantially different from the pre-annexation jurisdiction’s plan recommendation, without the express approval of the pre-annexation jurisdiction. Where that approval is forthcoming, the municipality may zone without regard to the change-mistake rule, though it still must comply with the remaining provisions of Art. 66B and with its own local zoning ordinance. Where that approval is not forthcoming, the municipality must zone in compliance with the pre-annexation jurisdiction’s plan and then wait five years before considering a substantially different zone, which zone will require, if a Euclidean zone, compliance with the change-mistake rule or, in the case of a floating or PUD zone, satisfaction of the applicable regulatory prerequisites.

B.

1. Under what circumstances do the provisions of Md.Code (1957, 1998 Repl.Vol., 2001 Supp.), Art. 66B, Section 4.01(c) (‘may impose such additional conditions, restrictions, or limitations’) (which was first enacted in 1970 subsequent to the Carole Highlands and Baylis cases), and Rockville City Code (2000) Section 25-126 (‘may impose additional restrictions, conditions or limitations’) (enacted after the enactment of the State statute) authorize conditional zoning by the city?

a) What is the effect, if any, of Prince George’s County v. Collington Corporate Center 1 Limited Partnership, 358 Md. 296, 747 A.2d 1219 (2000), which upheld conditional zoning in Prince George’s County, on this issue?

2. Does a limitation in an annexation agreement restricting certain uses on newly annexed property constitute conditional zoning?

3. Do the above provisions authorize the City’s actions in the present case?

As was pointed out, supra, Maryland is among those states that have relaxed the earlier prohibition against all forms of conditional zoning. In respect to the rule in effect at the time of Montgomery County v. National Capital Realty Corp., 267 Md. 364, 374, 297 A.2d 675, 680-81 (1972), we quoted in that case extensively from 3 Rathkopf, Zoning and Planning, 74-79:

The general rule in these jurisdictions in which the validity of such covenants²⁵ has been litigated is that they are illegal. The basis of such rule is that the rezoning of a particular parcel of land upon conditions not imposed by the zoning ordinance generally in the particular district into which the land has been rezoned is prima facie evidence of “spot zoning” in its most maleficent aspect, is not in accordance with a comprehensive plan and is beyond the power of the municipality.

Legislative bodies must rezone in accordance with a comprehensive plan, and in amending the ordinance so as to confer upon a particular parcel a particular district designation, it may not curtail or limit the uses and structures placed or to be placed upon the lands so rezoned differently from those permitted upon other lands in the same district. Consequently, where there has been a concatinated rezoning and filing of a “declaration of restrictions” the general view (where the question has been litigated) is that both the zoning amendment and the restrictive covenant are invalid for the reasons expressed above.

For additional cases discussing this older view in Maryland, see Carole Highlands Citizens Ass’n, Inc. v. Board of County Comm’rs of Prince Georges County, 222 Md. 44, 47-48, 158 A.2d 663, 665-66 (1960) and Baylis, 219 Md. at 169-70, 148 A.2d at 432-33, where, quoting from Wakefield v. Kraft, 202 Md. 136, 149, 96 A.2d 27, 32-33 (1953), we said:

If the decision of the County Commissioners was that the area called for the status of Commercial A, any of the nineteen uses permitted under that classification had a rank and force equal to any other. The County Commissioners are not a Planning Board, nor have they a right to exact conditions, or promises of a particular use in return for deciding that the public interest justifies that an area should be zoned commercial....

... There seem to be three chief reasons for the rule stated in these cases: that rezoning based on offers or agreements with the owners disrupts the basic plan, and thus is subversive of the public policy reflected in the overall legislation, that the resulting ‘contract’ is nugatory because a municipality is not able to make agreements which inhibit its police powers, and that restrictions in a particular zone should not be left to extrinsic evidence.

At the time Wakefield, Baylis, and Carole Highlands were decided, the sole State statutory authority granting zoning power to municipalities was found in Maryland Code (1957, 1967 Repl.Vol.), Article 66B, Sections 1-Grant of Power and 2-Districts. Section-2 provided, as relevant here, that “All such regulations shall be uniform for each class or kind of buildings throughout each district.... ” This provision is retained today, now codified as Art. 66B, § 4.02.

Subsequent to the National Capital, Carole Highlands, Baylis, and Wakefield cases, the Legislature, in 1970, enacted a new section 4.01 of Art. 66B, relevant to the issue before us, as a part of a general recodification. Chapter 672, Laws 1970 (Senate Bill 356). It granted to covered counties and municipal corporations the power to impose conditions upon rezoning. It, in effect, authorized “conditional zoning” in certain circumstances. It stated, in relevant part:

(B) The local legislative body of a county or municipal corporation, upon the zoning or rezoning of any land ... may impose 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 zoned or rezoned, or of the surrounding or adjacent lands and improvements, and may, upon the zoning or rezoning of any land or lands, 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 assure conformity with the intent and purpose of this article and of the jurisdiction’s zoning ordinance. The powers provided in 4.01(B) shall be applicable only if the local legislative body adopts an ordinance which shall include enforcement procedures and requirements for adequate notice of public hearings and conditions sought to be imposed.

These provisions remain the same to the present date, although rearranged as a part of another recodification in 2000. Section 4.01 was divided into several sections. Current subsection (c) (with its several subsections) contains the same provisions first enacted in 1970. Art. 66B, § 4.01(c). Accordingly, since at least 1970, Maryland has joined those states retreating from the across-the-board prohibition against conditional zoning, and, as a result, not all conditional zoning in Maryland is impermissible.

This conclusion is supported when the available legislative history is examined. In 1966, the General Assembly created a commission to examine the planning and zoning provisions and to make recommendations. In 1969 the report was forwarded to the Legislature. As recommended, a new Art. 66B, Section 4.01, was to be created as a part of a general recodification of Maryland’s planning and zoning provisions. Nevertheless, certain changes were intended to be substantive.

Section 4.01 was clearly an intended substantive change to permit, so long as certain requirements were met, conditional zoning in those Maryland jurisdictions to -which Art. 66B applied, which, through the “zoning” provisions of the Express Powers Act,²⁶ applied to charter counties as well as municipalities. The recodification began with the Legislature creating the Maryland Planning and Zoning Law Study Commission. As we indicated, the Commission reported back to the Legislature in 1969. Accordingly, its recommendations were first considered in the 1970 Session.

In respect to the Commission, the records of the General Assembly reflect, in a document entitled REPORT TO THE GENERAL ASSEMBLY OF 1970 — PROPOSED BILLS-SPECIAL COMMITTEE REPORTS, VOLUME II, Minutes and Reports of Special Committees to the Legislative Council of Maryland, that the Commission report was presented on Wednesday, 12 November 1969, to the Legislative Council. It was described to the Council by the Study Commission Chairman, Senator Goodloe E. Byron, in relevant part, as follows:

Under revised Article 66B, counties can have conditional zoning. Further, the Commission has attempted to provide for periodically updating of all plans.

With the assistance of a research man, the Commission will prepare an analysis and .... a commentary explaining each change as revised Article 66B is in preparation.

The report was referred, without change, to the Judiciary Committee. Whether Senator Byron misspoke when he mentioned only “counties,” or did not realize that Art. 66B also applied to municipalities, or whether it was later decided not to limit its application to counties, is unclear. In any event, the analysis in the Commission’s report made no distinction between counties and municipalities, nor did the resulting statute.

As did some of the commentators at the time, the Commission referred to the changing conception of the utility of conditional zoning. It stated, as relevant to the case sub judice:

Paragraph 2 of Section 1.01 gives to the local legislative body the powers of “conditional zoning. ” “Since 1960, some courts have recognized that the attachment of conditions to zoning might be a highly desirable means of minimizing the adverse effects of zoning changes. Their decisions reveal a tendency to inject needed flexibility into the American zoning system.” Shapiro, R.: The Case for Conditional Zoning 41 Temple L.Q. 267 (1968) at 287. “A distinction should be made between this type of zoning and that commonly referred to as contract zoning. ” The latter type of zoning was discussed in Baylis v. City of Baltimore, 219 Md. 164, 148 A.2d 429 (1959) where “the ordinance made the reclassification conditional upon the execution of an agreement. ” Yokley clarifies this distinction in his commentary on Church v. Town of Islip, 8 N.Y.2d 254, 203 N.Y.S.2d 866, 168 N.E.2d 680 (1960), where he concludes that'though “contract zoning will not be permitted, conditional zoning may be valid if not bargained for in the sense that zoning is granted in return for the condition. ” 2 Yokley, Zoning Law and Practice (3rd edition 1965) 19-11. Therefore, under conditional zoning the usual requirements for reclassification must be met before the powers enunciated in this section are available to the local legislative body. It is believed that this provision avoids previous constitutional pitfalls but still permits the planning commission to provide for the orderly development using controls similar to those already found in the subdivision regulations (Section 5.00). Several variations of this provision already exist at the local level, such as the Carroll and Frederick County provisions .... (emphasis and quotations in the original. See Final Report-Legislative Recommendations, Maryland Planning and Zoning Law Study Commission, December, 1969, at 28-29.)

It is clear that conditional zoning is not prohibited in Maryland if local governments comply with the statutory requirements of Section 4.01. Article 66B applies to non-charter/home rule counties and to municipal corporations. Charter counties, should they choose to implement it, likewise have the power to do whatever is permitted under Art. 66B. Contrary to the argument advanced by the Dissent, it is also clear that allowing conditional zoning to limit otherwise permissible uses was not the intention, either of the Commission, or of the statutes as subsequently adopted by the Legislature.²⁷ The Commentary Notes of the Commission clearly state that “under conditional zoning the usual requirements for reclassification must be met before the powers enunciated in this section are available to the local legislative body. It is believed that this provision avoids previous constitutional pitfalls but still permits the planning commission to provide for the orderly development using controls similar to those already found in the subdivision regulations (Section 5.00).” Id. (emphasis in original). This language indicates that the intent was to allow jurisdictions to fashion supplementary conditions in the placement of a given property in a Euclidean zone, not in derogation of the uses allowed in that zone. Corresponding to this language in the Commission’s Report, the powers retained, by the zoning authority after zoning are clearly set forth in Article 66B, § 4.01. The statute now reads:

On the zoning or rezoning of any land, a local legislative body may retain or reserve the power to approve or disapprove the design of buildings, construction, landscaping or other improvements, alteration and changes made or to be made on the land being zoned or rezoned to assure conformity with the intent and purpose of this article and of the local jurisdiction’s zoning ordinance.

(Emphasis added).

These powers to control design, layout, siting, and appearance are similar to those powers governing subdivisions, found in Article 66B, § .5.03. Article 66B, § 4.01 provides that it is permissible to impose those conditions “appropriate to preserve, improve, or protect the general character and design of the lands and improvements being zoned or rezoned, or the surrounding or adjacent lands and improvements.” (emphasis added). The statute says nothing about utilizing conditions to limit permissible “uses,” and therefore grants no such power. As the Court of Special Appeals correctly pointed out in Bd. of County Comm’rs of Washington County v. H. Manny Holtz, Inc., 65 Md.App. 574, 582-83, 501 A.2d 489, 492-93(1985), conditional zoning which acts as a limitation as to otherwise permissible uses is not permitted under Art. 66B. Furthermore, municipal zoning authorities are not permitted under Art., 66B to enter into contracts which inhibit the proper exercise of the municipality’s governmental powers.²⁸

The Court of Special Appeals in its opinion in the present case was correct in relying upon Rodriguez v. Prince George’s County, 79 Md.App. 537, 558 A.2d 742 (1989). In Rodriguez, the Court of Special Appeals found that:

The applicant was offering a deal to the District Council: in order to induce the Council to approve its application for reclassification, the applicant would agree in advance to exclude from the scope of the approval certain uses expressly permitted in the approved zone.

79 Md.App. at 553, 558 A.2d at 750. In response, the court in Rodriguez held that “[although there appears to be no impediment to an applicant entering into private covenants with other parties to lessen their opposition to an application, or to garner their support for it, such offerings cannot be made to the legislative body authorized to grant or deny the application.” Id.

Although the reasoning in Rodriguez is apt to apply in the case at bar, a better predicate exists in Bd. of County Comm’s of Washington County v. H. Manny Holtz, Inc., 65 Md.App. 574, 582-83, 501 A.2d 489, 492-93(1985). Holtz involved the rezoning of a tract of land by the Board of County Commissioners of Washington County. As a condition of the rezoning, the Commissioners imposed restrictions prohibiting uses otherwise permitted under the zoning granted. In holding that the action of the Commissioners constituted illegal conditional zoning, the intermediate appellate court was required to interpret Art. 66B, §§ 4.01(a) and (b) and 4.02, holding that “[o]ur reading of § 4.01 (a) and (b) leads us to conclude that it does not authorize conditional use rezoning. This is further bolstered by the requirements of § 4.02.” Id. at 582, 501 A.2d at 493. We adopt that interpretation insofar as Euclidean zones are concerned. The court found that:

Section 4.01(b) permits local legislative bodies to impose “additional restrictions, conditions or limitations” on the design and construction of buildings and landscaping on the subject or adjacent tract. The plain meaning of this subsection is clear. The language referring to “restrictions, conditions, and limitations” applies only to the structural and architectural character of the land and the improvements thereon. “Conditions, restrictions or limitations” on use are neither explicitly provided for in this subsection nor can they be implied therefrom.

Id. at 582, 501 A.2d at 492. The Court then noted that this interpretation was dictated by the language of § 4.02, explaining that:

Section 4.02 requires uniformity within the class or development in a district. Hence, it necessarily prohibits conditional use zoning. The allowance of conditional use rezoning by appellant flies directly in the face of this section and the mandated uniformity.

Section 4.02 must be construed in relation to § 4.01. Under the broad grant of power to (re)zone conferred under § 4.01(a), the local legislative body is permitted under § 4.02 to divide the county into divisible components, provided there is uniformity within those districts. The regulations and restrictions that must be uniform include the use of buildings and land. Hence, where, as here, the legislative body has predetermined the acceptable categories of uses in a given district, to conditionally restrict some of those uses violates the mandate of § 4.02. If we were to authorize the Board of County Commissioners through rezoning to limit or restrict the permitted uses of certain tracts within a zone, the Board would have the power to destroy the uniformity of that district.

65 Md.App. at 583, 501 A.2d at 493.

The dissenting opinion (Dissent, op. at 597-98) brushes aside the import of § 4.02, forgetting the very rules of statutory construction in whose name it laments. It bears repeating (see supra at 551) that in Liverpool v. Baltimore Diamond Exchange, Inc., 369 Md. 304, 316-18, 799 A.2d 1264, 1271-72 (2002), we instructed, citing Mayor of Baltimore v. Chase, 360 Md. 121, 128, 756 A.2d 987, 991 (2000):

We have acknowledged that, in ascertaining a statute’s meaning, we must consider the context in which a statute appears. In this regard we have instructed:

When the statute to be interpreted is part of a statutory scheme, it must be interpreted in that context. That means that, when interpreting any statute, the statute as a whole must be construed, interpreting each provision of the statute in the context of the entire statutory scheme. Thus, statutes on the same subject are to be read together and harmonized to the extent possible, reading them so as to avoid rendering either of them, or any portion, meaningless, surplusage, superfluous or nugatory, (internal quotations omitted) (citations omitted).

Contrary to the assertions of the Dissent here (Dissent, op. at 607-10), the reasoning in Manny Holtz reflects the analysis required by the principles of statutory interpretation overlooked by the Dissent. Unlike the Dissent here, the Court of Special Appeals in Manny Holtz recognized that § 4.02 remained unchanged by the Legislature, and that, had the Legislature intended the reach of conditional zoning to include uses, amendments to the uniformity requirements of § 4.02 would be required. See, e.g. County Council of Prince George’s County v. Collington Corp. Center I Ltd. P’ship., 358 Md. 296, 303, 747 A.2d 1219, 1222 (2000). Because the Legislature did not amend § 4.02, Manny Holtz correctly declined to extend the authority to zone with conditions to include uses where there existed no indication of such an intent on the part of the Legislature.²⁹

In the case sub judice, the Planning Staff of the City, in its final report on the appropriate zone for the subject property upon annexation, noted that the Land Use Plan component of the City’s 1993 Master Plan recommended service industrial uses for the subject property, consistent with uses permitted in the City’s I-1 zone. Thus, at least facially, the imposition of the I-1 zone was consistent with the City’s Plan. Upon a further examination of the City’s I-1 zone, however, one notes there are a number of commercial retail uses also permitted, as a matter of right. See n. 1, supra. Gasoline service stations, however, are only allowed in the I-1 zone with the grant of a special exception. It is because the City endeavors to foreclose, by limitation pertaining only to the subject property of this case, all of the otherwise permitted commercial retail uses, and impliedly those commercial retail uses, other than a gasoline service station, allowed by special exception, in the I-1 Zone that we hold City Zoning Ordinance No. 10-99 to be impermissible conditional zoning.

The Court of Special Appeals, in its opinion in this case, correctly noted as irrelevant the fact that the condition pertinent to this case was explicit only in the annexation agreement. City Zoning Ordinance No. 10-99 makes reference to the annexation agreement containing the land use limitation. That iS'sufficient to indicate that Zoning Ordinance No. 10-99 was passed with the intended legal effect that the use condition limit the 1-1 zone granted. Carole Highlands, 222 Md. at 46-48, 158 A.2d at 664-66. As the Court of Special Appeals further pointed out, “[t]he fact that the implicit conditions in the [zoning] ordinance were made explicit in the annexation agreement does not make them solely a part of that agreement.” The court continued by observing that:

although municipalities are authorized to enter into annexation agreements that zone a subject property, they may not exercise that authority in a manner that violates the prohibitions set forth in Article 66B § 4.01 The applicants in Rodriguez offered to limit the permissible uses of the subject property in order to induce the council’s approval of their application [citation omitted]. Here, the Mayor and Council eliminated all but one of the permissible retail uses of the subject property to accommodate Mr. Fanaroffs efforts to have a gas station. The effect in both cases is the formation of a distinct mini-district that undermines uniformity. (citation omitted).

Pursuant to § 4.01 of Art. 66B, Rockville has enacted within its zoning ordinance only one provision to implement the power to zone with conditions, although in a form substantially different than the Prince George’s County ordinance construed in Rodriguez, and then only in the context of the grant of “local amendment applications.” That ordinance provision, now codified as Rockville City Code, Chp. 25 (Zoning and Planning), Article III (Amendments), Division 2 (Map Amendments), § 25-126 (Supplement 2002), reads as follows:

“Sec. 25-126. Grant of local amendment application with conditions-Authorized.

The 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 contained in State law. (Rockville, Md., Code of Ordinances ch. 25, art. III, div. 2, § 25-126 (2002))

The Dissent (Dissent, op. at 611, n. 17 and 634) seems to concede, as it must, that the City’s act of zoning of the subject property at the time of annexation was an act of original zoning, insofar as the initial exercise of the municipality’s zoning power is concerned.³⁰ In fact, Rockville City Code, Ch. 25, Art. III, Div. 1 (Amendments—“Generally”), § 25-99, defines such zoning as original zoning. Further, § 25-99(c) states, in relevant part, that “[t]he provisions of division 2 [Map Amendments] of this article [III] shall not apply to procedures under this section [original zoning].” (emphasis added). The section relied upon by the City, the Owners, and the Dissent to support the City’s invocation of the conditional zoning power authorized by Art. 66B, § 4.01, § 25-126, is contained in division 2. Thus, it appears that the City does not purport, in acts of original zoning, to possess the authority to attach conditions of any kind, even if such were authorized by State law. Rockville City Code, § 25-126 applies only to local amendment applications, i.e., piecemeal zoning (Rockville, Md., Code of Ordinances Ch. 25, Art. III, Div. 2, § 25-116 (2002)), and does not apply to cases of original zoning upon annexation.(Rockville, Md., Code of Ordinances Ch. 25, Art. III, Div. 1, § 25-99(c)(2002)).

Under our reasoning, however, it makes no difference how the City’s action is characterized, piecemeal zoning (“local map amendment”) or original zoning, because there is no grant of authority from the State for conditional use zoning.³¹ The Dissent’s focus on the language of municipal ordinances in its discussion of this and prior cases, such as Rodriguez (Dissent, op. at 604-06), in the absence of a grant of authority for imposing conditional use zoning from the State, places the statutory cart before the horse.³² Absent a grant of authority from the State, the language of a local ordinance is irrelevant and therefore interpreting a local ordinance as properly authorizing conditional use zoning would be in error.

Accordingly, we answer the first question posed in Petitioners’ original briefs: “Does a limitation in an annexation agreement restricting certain uses on newly annexed property constitute conditional zoning?” by saying “yes”; and, under the circumstances here present, such conditional zoning is impermissible conditional use zoning. While by this holding we make clear that any conditional use zoning is impermissible, we note also that, on the facts and circumstances of the present case, it is impermissible contract zoning as well.

In the case of Attman/Glazer, we held that:

the mayor and alderman could not by agreement lawfully bind themselves to a future zoning or conditional use decision. We do so on the familiar premise that a municipality may not contract away the exercise of its zoning powers. Baylis v. City of Baltimore, 219 Md. 164, 170, 148 A.2d 429 (1959; 10 McQuillin, Municipal Corporations, § 29.07 (3d ed.1981)); 2 Anderson, American Law of zoning 3d, § 9.21 (1986); 4 Yokley, Zoning Law and Practice, § 25-11 (4th ed.1979).

Id. at 684-85, 552 A.2d at 1282. This position was revisited recently by the Court of Special Appeals in Beachwood, where the court noted that Maryland’s treatment of contract zoning is consistent with the definition of “illegal contract zoning” set out in Arden H. Rathkopf and Daren A. Rathkopf, 2 The Law of Zoning and Planning, § 29A.03[b] at 29A-25, which the court quoted as follows:

Illegal contract rezoning is said to involve the process by which a' local government enters into an agreement with a developer whereby the government exacts a performance or promise from the developer in exchange for its agreement to rezone the property. The developer may agree to restrict development of the property, make certain improvements, dedicate a portion of land to the municipality, or make payments to the municipality. Numerous state court decisions have held such express or implied agreement invalid as illegal contact zoning. (Footnotes omitted).

Beachwood, 107 Md.App. at 669, 670 A.2d at 505. Additionally, we reiterate that in Rodriguez, discussed supra, the Court of Special Appeals held that “[although there appears to be no impediment to an applicant entering into private covenants with other parties to lessen their opposition to an application, or to garner their support for it, such offerings cannot be made to the legislative body authorized to grant or deny the application.” Rodriguez, 79 Md App. at 553, 558 A.2d at 750.³³ Upon examination of the record in the present case, it is clear that the City’s action represents not only impermissible conditional use zoning, but- also impermissible contract zoning. The act of zoning was accomplished through the passage of City Zoning Ordinance No. 10-99, which, in pertinent part, provided:

WHEREAS, the [County Council’s Planning, Housing and Economic Development] Committee agreed to support rezoning of the site from the County’s I-2 zone to the City’s I-1 zone under certain conditions; and

WHEREAS, on February 23, 1999, the District [County] Council reviewed Annexation Petition ANX97-0124 and agreed with the comments and recommendations of the Planning, Housing and Economic Development Committee; and

WHEREAS, by Resolution No. 14-57, the County Council for Montgomery County, sitting as a District Council, approved City of Rockville Annexation Petition No. ANX970124, and its rezoning from the County’s I-2 zone to the City’s I-1 zone, under certain conditions; and

WHEREAS, the Mayor and Council of Rockville, having fully considered the matter, has determined to place the annexed property in the City’s I-1 zone, under certain conditions to be set forth in an annexation agreement, so as to promote the health, security and geneial welfare of the community of the City of Rockville.

As was pointed out supra, this language alone, referencing the use limiting conditions contained in the annexation agreement as a basis for the zoning action, is sufficient, in our view, to make this a case of impermissible conditional use zoning.

When we look to the annexation agreement, we note that the agreement is “by and between Louis H. Fanaroff, surviving tenant by the entirety of a one-half interest in the subject property, Stanford C. Steppa and Elaine B. Steppa, hereinafter collectively called ‘Owners,’ and ‘The Mayor and Council of Rockville, Maryland.. .. ’ This is the same ‘Mayor and Council of Rockville, Maryland,’ that passed Zoning Ordinance No. 10-99. Therefore, the Owners made a contract, containing an illegal condition, with the legislative body authorized to grant or deny the desired I-1 zone, making this a case of impermissible contract zoning.

It matters not whether the agreement was a part of the zoning or annexation processes. Our appellate cases consistently have held that it is the identity of the contracting parties that is the critical issue. As the Court of Special Appeals made clear in Beachwood:

The Maryland cases have treated “contract zoning” narrowly as a situation wherein the developer of property enters into an express and legally binding contract with the ultimate zoning authority. In such circumstances, the Maryland cases have not hesitated to hold such contact zoning to be null and void. Part of the reason why the governmental authority may not enter into such a contract is because the governmental unit may not bargain away its future use of the police power.

Beachwood, 107 Md.App. at 668-69, 670 A.2d at 505. See also Attman/Glazer, 314 Md. at 686-87, 552 A.2d at 1283-84. On the facts of this case, the zoning of the subject property by the City of Rockville involved the placement of use limitations on the zoning which constituted impermissible conditional use zoning, and the mechanism used by the City of Rockville to place those impermissible conditions on the property further constituted impermissible contract zoning.³⁴

C.

What zoning classification, if any, would the subject property have if the Court were to rule that the 1-1 zoning was invalid? Is there a state or city statute covering the situation?

Having determined that the actions of the City of Rockville in zoning the land to the City’s I-1 zone were improper, it remains to be determined what then is the current zoning classification of the subject property.³⁵ Our reading of the relevant statutes and case law indicates that the subject property retains the zoning classification it enjoyed prior to annexation, at least until such time as the City of Rockville acts properly to rezone it if it remains a part of the City. The Owners, the City of Rockville, and Rylyns, urge that the land be declared “unzoned” until further zoning action is taken by the City of Rockville.³⁶ For the reasons set forth below, we find this position unpersuasive and not supported by the statutes or our prior holdings in this area.

The essential underpinning of their arguments is that the language of Art. 23A § 9(c)(1) provides, in part, that “where any area is annexed to a municipality authorized to have and having then a planning and zoning authority, the municipality shall have exclusive jurisdiction over planning and zoning and subdivision control within the area annexed!.]” Similar language appears in Md.Code (1957, 1998 Repl.Vol.), Art. 23A, § 19. Apparently these parties feel that the foregoing statutory provisions dictate that the property will remain unzoned until Rockville takes action necessary to zone it properly, in compliance with Art. 23A, § 9(c)(1) & (2), because only Rock-ville is empowered by statute to make a zoning determination now that it has annexed the subject property.

The parties attempt to bolster this argument by citing to our cases interpreting these statutory provisions and upholding the proposition that a county’s zoning ordinances and regulations previously applicable to a property will have no effect on it once the area is annexed by a municipality authorized to have, and in fact having, planning and zoning authority, such as Rockville. See Maryland-Nat’l Capital Park and Planning Comm’n v. Mayor and Council of Rockville, 272 Md. 550, 557-58, 325 A.2d 748, 753 (1974); Prince George’s County v. Mayor and City Council of Laurel, 262 Md. 171, 190, 277 A.2d 262, 272 (1971); Beshore v. Town of Bel Air, 237 Md. 398, 410-11, 206 A.2d 678, 685 (1965).

The argument is not compelling because it fails to recognize that the exclusive municipal powers to zone set forth in the relevant statutes are limited at the threshold by Art. 23A, § 9 and, when read together with other relevant statutes, a condition of “unzoned” land is not contemplated. Art. 23A, § 9(c)(2) states that:

if the county expressly approves, the municipality, without regard to the provisions of Article 66B, § 4.05(a) of the Code, [the change-mistake rule], may place the annexed land in a zoning classification that permits a land use substantially different from the use for the land specified in the current and duly adopted master plan or general plan of the county or agency having planning and zoning jurisdiction over the land prior to its annexation.

As set forth persuasively in the Amici briefs of the six counties and the Maryland National Capital Park and Planning Commission, § 9(c)(2) “clearly sets forth the legislature’s intention to relieve municipalities from the requirement of proving change/mistake to permit a land use substantially, different from the use for the land specified in the Master Plan applicable to the property prior to annexation if the municipality receives express county approval. The logical conclusion based on the plain language of this section is that if express county approval is not received, then, after the five-year limitation period, the municipality must prove change/mistake,” unless the municipality rezones the newly annexed piece of land to a floating zone or as a part of a comprehensive rezoning of a larger surrounding area. For the change/mistake rule to be relevant, and the statute makes clear that it is, then some form of prior zoning would have to be in effect, and as the statute clearly indicates, that zoning is the one assigned by the pre-annexation jurisdiction, which in this case is that of Montgomery County.

Nowhere does the relevant statutory scheme provide that an annexing jurisdiction’s failure to comply with the provisions of § 9 results in the property becoming akin to a “stateless person” for zoning purposes. On the contrary, as we stated in Maryland-Nat’l Capital Park and Planning Comm’n v. May- or and Council of Rockville, 272 Md. at 561, 325 A.2d at 754, the whole purpose of this section is to “preserve the integrity of the Master Plan adopted by the jurisdiction ... having planning power immediately prior to annexation.” Were we to find that the land became a zoning cipher, the five-year limitation under § 9 would be toothless and meaningless, as it would allow municipalities to undo indirectly that which they cannot accomplish directly. We think that this was not the intent of the Legislature. The language of § 9 clearly indicates that it is intended that the pre-annexation zoning remain in effect until: 1) the annexing municipality grants a new zone substantially consistent with the pertinent plan recommendation of the pre-annexation jurisdiction; or 2) the pre-annexation jurisdiction grants permission for the annexing municipality to establish a substantially inconsistent zone; or 8) the five year period expires. Id. See also Northeast, 310 Md. at 28-30, 526 A.2d at 967-68; City of Gaithersburg v. Montgomery County, 271 Md. at 511-13, 318 A.2d at 512-13. In the present case, the subject property is zoned I-2, in accordance with the Montgomery County Zoning Ordinance, until one of the aforesaid three scenarios comes to pass.

JUDGMENT AFFIRMED; COSTS TO BE EVENLY DIVIDED BY PETITIONERS.

1 . The City’s 1-1 zone allows approximately 100 permitted uses and 18 additional uses with the grant of a special exception (Rockville, Md., Code of Ordinances, ch. 25, art. VII, div. 2, § 25-296 (2002)). A variety of commercial retail uses are included in these enumerations, such as antique, garden supply, paint and wallpaper, photographic supply, and pet grooming activities, to name a few.

2 . For a detailed discussion of the relationship between planning and zoning in Maryland, see Nottingham Village, Inc. v. Baltimore County, 266 Md. 339, 354-55, 292 A.2d 680, 688 (1972); Richmarr Holly Hills v. American PCS, L.P., 117 Md.App. 607, 635-51, 701 A.2d 879, 893-901 (1997); People's Counsel v. Beachwood I Ltd. P'ship, 107 Md.App. 627, 656-58, 670 A.2d 484, 499 (1995); Stanley D. Abrams, A Perfect Union: The Wedding of Planning and Zoning in Maryland, 13 Maryland Bar Journal 8 (Spring 1980). See also Pattey v. Board of County Comm’rs for Worcester County, 271 Md. 352, 360-61, 317 A.2d 142, 147 (1974); Chapman v. Montgomery County Council, 259 Md. 641, 644, 271 A.2d 156, 158 (1970); Board of County Comm'rs for Prince George’s County v. Edmonds, 240 Md. 680, 684-88, 215 A.2d 209, 211-13 (1965).

3 . Tracing the entire panoply of related enabling statutes in Maryland is a tad complex. The provisions empowering municipal corporations in Maryland are contained in Maryland Code (1957, 1998 Repl.Vol.), Article 23A, and with regard to home rule powers specifically, Art. 23A, § 9. Similar provisions detailing the powers for non-charter counties are found in Maryland Code (1957, 1998 Repl.Vol., 2002 Supp.), Article 25. Further complicating the matter, the authority of the counties of Montgomery and Prince George’s are controlled by Maryland Code (1957, 1998 Repl.Vol., 2002 Supp.), Article 28. The land use provisions of Maryland Code (1957, 1998 Repl.Vol., 2002 Supp.), Article 66B pertain primarily to Art. 23A municipalities and Art. 25 non-charter counties, although certain provisions apply to Maryland Code (1957, 1998 Repl.Vol.), Art. 25A charter counties, as well as to Montgomery and Prince George’s Counties, Art. 66B, §§ 1.02 and 7.03, and also to the City of Baltimore, Art. 66B, §§ 2.01-2.13 and 14.02.

As we pointed out in Montgomery County v. Revere Nat'l Corp. 341 Md. 366, 383-84, 671 A.2d 1, 9-10 (1996):

Unlike most other home rule chartered counties in Maryland which receive their basic zoning authority from Article XI-A of the Maryland Constitution, the Express Powers Act, Code (1957, 1994 Repl. Vol.), Art. 25A, §§ 5(x), and their county charters, the exclusive source of Montgomery [and Prince George’s] County's zoning authority is the Regional District Act, Code (1957, 1993 Repl.Vol., 1995 Supp.), Art. 28; Maryland Code (1957, 1998 Repl.Vol., 2002 Supp.). Art. 66B, relating to zoning, is generally not applicable to chartered counties. See Art. 66B, §§ 7.03 [and § 1.02].

See also M. Peter Moser, County Home Rule-Sharing the State's Legislative Power with Maryland Counties, 28 Md. L.Rev. 327 (1968).

4 . See D. Brennen Keene, (Student) Comment, Transportation Conformity and Land-use Planning: Understanding the Inconsistencies, 30 U.Rich.L.Rev. 1135, 1353-54 (1996):

The framework in which land-use decisions are made under the Euclidean model begins with the master plan. The plan has lour principal characteristics:

First, it is future-oriented, establishing goals and objectives for future land use and development, which will be attained incrementally over time through regulations, individual decisions about zoning and rezoning, development approval or disapproval, and municipal expenditures for capital improvements such as road construction and the installation of municipal utilities.

Second, planning is continuous, in that the plan is intended not as a blueprint for future development which must be as carefully executed as the architect's design for a building or the engineer's plan for a sewer line, but rather as a set of policies which must be periodically reevaluated and amended to adjust to changing conditions. A plan that is written purely as a static blueprint for future development will rapidly become obsolete when circumstances change.

Third, the plan must be based upon a determination of present and projected conditions within the area covered by the plan. This requirement ensures that the plan is not simply a list of hoped-for civic improvements . . .

And fourth, planning is comprehensive. ... The courts have recognized this role of planning, in defining planning as concerned with “the physical development of the community and its environs in relation to its social and economic well being for the fulfillment of the rightful common destiny, according to a ‘master plan’ based on 'careful and comprehensive surveys and studies of present conditions and the prospects of future growth of the municipality,' and embodying scientific teachings and creative experience.”

This process, referred to as the "rational planning process,” requires four steps: “data gathering, setting of policies, plan implementation, and plan re-evaluation.” The product of rational planning does not lead to a plan “effective for all time,” but rather is reevaluated so as to judge its success in reaching the policies behind the plan. Final adoption of the plan requires approval by the particular legislative bod)' in that locality.

In a majority of states that enable localities to prepare comprehensive plans, the plan serves merely as guidance for the governing body to make zoning decisions and does not have the force of law. The trend, however, has been towards making the plan a dispositive document for zoning decisions.

See also supra n. 2.

5 . See Transportation Conformity and Land-use Planning: Understanding the Inconsistencies, 30 U. Rich. L.Rev. at 1355-56:

Zoning, in theory, is the process whereby the comprehensive plan is put into effect. The local legislative body that makes zoning decisions divides districts within the locality into zones, and the legislative body defines, inter alia, the height, building size, lot size, population density, location, and use of buildings that are permissible in the particular zone. The designation of these zoning districts disallows the development of property within the zone unless the landowner would suffer an undue hardship, whereby the landowner may be able to obtain a variance from the zoning ordinance from the legislative body or a quasi-judicial body known as a board of zoning appeals.

Often, state enabling statutes require the zoning to be “in accordance with a comprehensive plan.” Courts have grappled with the meaning of the “in accordance” requirement, especially where the enabling statute does not require the drafting of a comprehensive plan. In those states, the courts have been willing to divine a plan from the zoning ordinance itself. However, other states require the preparation of a comprehensive plan before the adoption of a zoning ordinance. In these states, "not only does this mean that the plan and regulations promulgated under it must be consistent, it also means ... that any development orders and permits issued must be consistent with the local plan.”

6 . See supra, n. 2

7 . The extent of governmental powers generally as related to zoning, in light of Maryland's Constitution, is discussed in Goldman v. Crowther, 147 Md. 282, 292-96, 128 A. 50, 54-55 (1925). See also Jack Lewis, Inc. v. Baltimore, 164 Md. 146, 152-53, 164 A. 220, 223 (1933); Pocomoke City v. Standard Oil Co., 162 Md. 368, 375-78 159 A. 902, 904-905 (1932).

8 . For an in depth history and description of the planning and zoning functions authorized by Art. 66B, see Board of County Comm’rs of Cecil County v. Gaster, 285 Md. 233, 239-47, 401 A.2d 666, 669-73 (1979).

9 . This zoning term is relevant to the present case because both the County's I-2 zone and the City’s I-1 zone would be classified as Euclidean zones, versus floating zones (also called planned unit development (PUD) zones). Floating zones, alluded to later in this opinion for contrast purposes only (see n. 15), involve a different set of analytical assumptions than do Euclidean zones.

10 . For Maryland constitutional limitations on Euclidian zoning, see Goldman, 147 Md. at 292-96, 128 A. at 54-55. See also Jack Lewis, Inc., 164 Md. at 152-53, 164 A. at 223.

11 . Art. 66B, § 4.02 states:

(a) Districts Created.—A local legislative body may divide the local jurisdiction into districts of any number, shape, and area that the local legislative body considers best suited to execute the purposes of this article.

(b) Uniformity of regulations.—(1) Within the districts created, the local legislative body may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures or land.

(2) All regulations shall be uniform for each class or kind of development throughout each district, but the regulations in one district may differ from those in other districts.

12 . For a thorough explanation of the variance process as applied in Maryland, see Anderson v. Board of Appeals, 22 Md.App. 28, 38-40, 322 A.2d 220, 226-27 (1974); See also Alviam v. Dixon, 365 Md. 95, 112-16, 775 A.2d 1234, 1244-46 (2001); White v. North, 356 Md. 31, 736 A.2d 1072 (1999); Belvoir Farms Homeowners Ass'n, Inc. v. North, 355 Md. 259, 734 A.2d 227 (1999); Montgomery County v. Merlands Club, 202 Md. 279, 96 A.2d 261(1953). Because the concept of non-conforming uses addresses uses in existence before an original zoning or comprehensive zoning occurs which subsequently would prohibit that use, an issue not present in the case before us, we shall not elaborate further here on this zoning tool. For a thorough discussion of nonconforming uses, see County Comm’rs of Carroll County v. Zent, 86 Md.App. 745, 587 A.2d 1205 (1991).

13 . See West Montgomery County Citizens Ass'n. v. Maryland National Capital Park and Planning Comm'n. 309 Md. 183, 522 A.2d 1328 (1987).

14 . "Conditional zoning” is a distinct zoning tool not to be confused with the “conditional use” or “special exception” mechanisms discussed later in this opinion.

15 . At the far end of the flexibility continuum of zoning categories from Euclidean zones are “floating” or planned unit development zones. Dissatisfaction with the relative inflexibility of Euclidian zoning gave rise to the use of "floating zones,” the use of which is authorized in Maryland by Md.Code (1957, 1998 Repl.Vol., 2002 Supp.), Article 66B, § 10.01(a)(8). In the case of Eschinger v. Bus, 250 Md. 112, 118-119, 242 A.2d 502, 505-506 (1968), we quoted Russell R. Reno, Non Euclidean Zoning: the Use of the Floating Zone, 23 Md. L.Rev. 105, 107 (1963), as follows:

In recent years a new device in zoning has developed which provides the machinery for the establishment of small tracts for use as a shopping center, a garden apartment or a light industry in accordance with a comprehensive plan for the entire municipality, and at the same time leaves the exact location of each tract to be determined in the future as demanded for a shopping center, a garden apartment or a light industry develops in a specific area. This device is the creation of special use districts for these various uses, which at the time are unlocated districts, but which can be located by a petition of a property owner desiring to develop his specific tract for any of these special uses. Such unlocated special zoning districts are popularly referred to as 'floating zones,’ in that they float over the entire municipality until by application of a property owner one of these special zones descends upon his land thereby reclassifying it for the special use. The zoning ordinance is carefully drawn so as to impose restrictive use limitation upon the owner in these special use zones in order to protect the adjoining residential areas. Usually there is a minimum lot requirement with large set-back restrictions for the structures, both from the streets and from the adjoining residences. Also in the case of light industry, limitations exist as to architecture of the buildings with requirements as to landscaping."

Professor Reno pointed out (pp. 118-19-20) that:

In both the Rodgers case [Rodgers v. Village of Tarrytown, 302 N.Y. 115, 96 N.E.2d 731 (1951) ] and the Huff case [Huff v. Bd. of Zoning Appeals, 214 Md. 48, 133 A.2d 83 (1957)] there was a complete system of established use districts covering the entire municipal area, with a single floating zone for a specialized use superimposed upon these established districts. Thus, in both cases where the floating zone device was upheld, there existed a comprehensive zoning plan for the municipality to which the floating zone was merely a special exception applicable to the entire plan, analogous to special exceptions applicable to individual zones. This raises the question as to whether the legality of the floating zone device is dependent upon the existence of an established Euclidean zoning system over which the floating zone is superimposed.

From these cases we can conclude that the most liberal courts still interpret the zoning power to mean Euclidean zoning with the creation of established territorial use districts. The advent of the floating device creates a supplementary device similar to the special exception to give greater flexibility to the established use districts but cannot be used as a substitute for the accepted method of Euclidean zoning.

In order to prevent floating zones from becoming a tool with which to circumvent tire prohibition on illegal forms of conditional and spot zoning, we consistently have held that:

... the floating zone is subject to the same conditions that apply to safeguard the granting of special exceptions, i.e., the use must be compatible with the surrounding neighborhood, it must further the purposes of the proposed reclassification, and special precautions are to be applied to insure that there will be no discordance with existing uses. These precautions include such restrictions as building location and style, the percentage of the area covered by the building, minimum green area, minimum and maximum area of the use, minimum setback from streets and other uses, requirement that a site plan be approved, and a provision for revocation of the classification if the specified restrictions are not complied with.

See also Bigenho v. Montgomery Countv Council, 248 Md. 386, 391, 237 A.2d 53, 56-57 (1968); Aubinoe v. Lewis, 250 Md. 645, 244 A.2d 879 (1968); Tauber & Gould v. Montgomery County Council, 244 Md. 332, 336-37, 223 A.2d 615, 618 (1966); Knudsen v. Montgomery County Council, 241 Md. 436, 217 A.2d 97 (1966); Beall v. Montgomery County Council, 240 Md. 77, 212 A.2d 751 (1965); Costello v. Sieling, 223 Md. 24, 161 A.2d 824 (1960); Huff v. Bd. of Zoning Appeals of Baltimore County, 214 Md. 48, 133 A.2d 83 (1957).

In a floating zone case, the zoning authority must make an express determination based upon specific findings of fact and legal conclusions that the application meets each of the statutory criteria and each of the stated purposes of the zone requested. Colao v. County Council of Prince George's County, 109 Md.App. 431, 456-57, 675 A.2d 148, 161 (1996); Floyd v. County Council of Prince George's County, 55 Md.App. 246, 257-59, 461 A.2d 76, 82-83 (1983). "This showing replaces the usual proof of change or mistake; and the requirement likens a floating zone case to a special exception case . .. The zoning agency in a floating zone case must find, just as it does in a special exception case, that compatibility is shown by the applicant’s conformance to express ordinance standards.” Richmarr, 117 Md.App. at 640, 701 A.2d at 895.

16 . In Maryland, the terms "special exception” and "conditional use” are synonymous. Hofmeister v. Frank Realty Company, 35 Md.App. 691, 698, 373 A.2d 273, 277 (1977); but see Cromwell v. Ward, 102 Md.App. 691, 699, n. 5, 651 A.2d 424, 428 n. 5 (1995). A "conditional use” however, is not to be confused with "conditional zoning,” discussed infra.

17 . See also Alviani v. Dixon, 365 Md. 95, 112-114, 775 A.2d 1234, 1244-45 (2001); Creswell v. Baltimore Aviation Service, Inc., 257 Md. 712, 719-21, 264 A.2d 838, 842-43 (1970); Montgomery County v. Merlands Club, Inc., 202 Md. 279, 287-91, 96 A.2d 261, 264-65 (1953); Hayfields, Inc. v. Valleys Planning Council, Inc., 122 Md.App. 616, 639-41, 716 A.2d 311, 322-23 (1998); Mossburg v. Montgomery County, 107 Md.App. 1, 7-11, 666 A.2d 1253, 1256-58 (1995); Sharp v. Howard County Bd. of Appeals, 98 Md.App. 57, 73-83, 632 A.2d 248, 256-60 (1993).

18 . Maryland Code (1957, 1998 Repl.Vol.2002 Supp.), Article 66B, § 4.01(c) provides:

(c) Construction of Powers.—(1) On the zoning or rezoning of any land under this article, a local legislative body may impose any additional restrictions, conditions, or limitations that the local legislative body considers appropriate to preserve, improve, or protect the general character and design of:

(i) The lands and improvements being zoned or rezoned; or

(ii) The surrounding or adjacent lands and improvements.

(2) On the zoning or rezoning of any land, a local legislative body may retain or reserve the power to approve or disapprove the design of buildings, construction, landscaping, or other improvements, alterations, and changes made or to be made on the land being zoned or rezoned to assure conformity with the intent and purpose of this article and of the local jurisdiction’s zoning ordinance.

(3) The powers provided in this subsection shall apply only if the local legislative body adopts an ordinance which shall include enforcement procedures and requirements for adequate notice of public hearings and conditions sought to be imposed.

19 . Contrary to the assertions of the Dissent (Dissent, op. at 606-07), the mere fact that, in the proper exercise of judicial restraint, the Court declined in Attman/Glazer to address an issue does not mean that it in any way rejected the Court of Special Appeals's holding concerning that issue. It merely means exactly what a plain language reading offers: the issue was left open until such future time as that issue must be decided by this Court. The case sub judice presents a proper set of circumstances for us to reach that which was unnecessary for us to reach in Attman/Glazer and, thus, we shall do so, infra.

20 . In City of Gaithersburg v. Montgomery County, 271 Md. 505, 511-13, 318 A.2d 509, 512-13 (1974), we pointed out that:

The legislative history of Chapter 116 lends support to the view that the General Assembly intended the statute to apply to municipalities throughout the State. Chapter 116 was first introduced as House Bill 83 at the 1971 session of the General Assembly. After passing the House, it was read for the first time in the Senate and referred to the Committee on Judicial Proceedings. Throughout this stage, the bill’s title provided in part (Journal of Proceedings of the Senate of Maryland, Regular Session 1971, p. 146):

"... to provide that a municipal corporation having planning and zoning authority shall assume exclusive jurisdiction over planning and zoning within an area annexed five years after the area is finally annexed by it over which the Maryland National Capital Park and Planning Commission had jurisdiction prior to the annexation.”

The Senate Judicial Proceedings Committee, however, deleted the reference in the title to the Maryland National Capital Park and Planning Commission, and re-wroté the title as follows (Senate Journal, supra, p. 1227):

"to provide that no municipal corporation annexing land may, for a period of five years following annexation, place such land in a zoning classification which permits a land use substantially different from the use for such land specified in the current and duly adopted master plan or plan of the county or agency having planning and zoning jurisdiction over such land prior to its annexation.”

The Committee's amendment was adopted, and the bill was finally enacted in that form. Senate Journal, supra, pp. 1260-1261, 1356, 1400, 1474-1475; Journal of Proceedings of the House of Delegates of Maryland, Regular Session 1971, pp.1976, 2156-2157. This action, re-writing the title and deleting the reference to areas “over which the Maryland National Capital Park and Planning Commission had jurisdiction prior to annexation,” suggests a realization by the General Assembly that Art. XI-E of the Constitution required that the Act apply to all municipalities in the State. This legislative intent, disclosed by the title of Chapter 116, confirms the scope of the language of the Act itself. It is “well settled” that “the title of an act is relevant to ascertainment of its intent and purpose....” MTA v. Balto. Co. Revenue Auth., 267 Md. 687, 695-696, 298 A.2d 413 (1973). In sum, principles of statutory construction, the language of Article 23A, § 9 as amended by Chapter 116 of the Laws of Maryland 1971, and the legislative history of the amendment, all lead to the conclusion that the enactment is a limitation upon the home rule powers of all municipalities subject to Art. XI-E of the Maryland Constitution. As such, the statutory provisions do not violate Art. XI-E. (emphasis in original).

21 . "We consistently have held that Articles 23A and 66B be read together.” Northeast, 310 Md. at 29, 526 A.2d at 968 (1987). See also Prince George's County v. Mayor and City Council of Laurel, 262 Md. 171, 183-84, 277 A.2d 262, 268-69 (1971)("It has been said that the provisions of Article 23A and Article 66B of the Maryland Code are to be read together when their provisions relate to the same subject matter, and especially so when a municipality zones for the first time in the course of annexing land.”)(citing City of Annapolis v. Kramer, 235 Md. 231, 234, 201 A.2d 333 (1964)).

22 . The six counties filing a joint amici brief in the present case were Montgomery, Prince George’s, Anne Arundel, Charles, Frederick, and Carroll. The Maryland Municipal League, Inc. and the Maryland-National Capital Park and Planning Commission also filed amici briefs. The Court acknowledges its gratitude for their collective efforts in assisting in these deliberations.

23 . Chapter 116 was enacted as an emergency law, apparently in anticipation of our decision in Prince George's County v. Mayor and City Council of Laurel, 262 Md. 171, 277 A.2d 262 (1971). As such, the heavy reliance by the Dissent upon the reasoning in Laurel to support it's interpretation of the current statute (Dissent, op. at 616-19, 636) is erroneous.

24 . This recognition is consistent with the language of Art. 66B, § 1.00(h)(2), which, as we noted supra, provides that a particular local government planning document may be called by different names, when it states that " 'Plan' includes a general plan, master plan, comprehensive plan, or community plan adopted in accordance with §§ 3.01 through 3.09 of the article.

25 . The restrictions in National Capital Realty were required by an agreement between Montgomery County and the property owner. The conditions were required by the agreement to be placed in a declaration of restrictions recorded among the land records, with appropriate language making them covenants running with the land.

26 . Maryland Code (1957, 1998 Repl.Vol., 1999 Supp.), Art. 25A, §§ 5(U),(X), (BB), and (EE). See also Municipal Express Powers Act, Md Code (1957, 1998 Repl.Vol., 1999 Supp.), Art. 23A, §§ 2, 2B. See also Mayor and Council of Forest Heights v. Frank, 291 Md. 331, 339-51, 435 A.2d 425, 430-35 (1981); but see Frank Krasner Enters. v. Montgomery County, 166 F.Supp.2d 1058, 1061 n. 3 (2001).

27 . It is important to note that the Commission dedicated only a few paragraphs of its 122 page Report to issues involving § 4.01. The Dissent attempts to argue that the Commission was responding directly to a selective body of prior Maryland cases (Dissent, op. at 584-92, 601-02), but offers no support for this assertion other than that it is the Dissent’s view. In fact, there is no evidence to that effect, and as the Dissent quietly admits, the Commission only mentions in passing one (Baylis) of the many cases that the Dissent asserts the Commission was focused upon intently.

28 . Bd. of County Comm'rs of Washington County v. H. Manny Holtz, 65 Md.App. 574, 583-84 n. 3, 501 A.2d 489, 493-94 n. 3 (1985); See also Attman/Glazer, 314 Md. at 687 n. 8, 552 A.2d at 1284 n. 8; Montgomery County v. Nat’l Capital Realty Co., 267 Md. 364, 373-76, 297 A.2d 675, 680-82 (1972); Carole Highlands, 222 Md. at 46-48, 158 A.2d at 664-65; Baylis, 219 Md. at 169-70, 148 A.2d at 433.

29 . We further point out that the Dissent’s argument that a zoning authority’s limitation of permissible uses does not violate the “uniformity” requirement (Dissent, op. at 585, 605), misses the point. As we explained in some detail, supra, the purpose of the uniformity requirement is not to make development on every property in the zone look the same. The purpose of the uniformity requirement is to protect the rights of the property owner and to insure fair and equal treatment by local authorities of those similarly situated within a given Euclidean zone throughout the given jurisdiction.

30 . The Dissent erroneously conflates original zoning with the ''piecemeal” rezoning process (Dissent, op. at 611-14). Worse, it implies (without benefit of citation to a location in the Majority opinion where such may be found) that the Majority mis-labels the City's zoning act as a "comprehensive rezoning” (Dissent, op. at 611, n. 17). Neither assertion is grounded in fact or law

The City’s piecemeal rezoning process for a single tract of property is, as described in Ch. 25, Art. III, Div. 2 § 116(1) of the City Code of Ordinances, the "local amendment” process. The procedure and standards for the processing and action on a local amendment application are prescribed in Divisions 1 and 2 of Article III. Within that framework, and specifically at § 25- 99, it is made clear, as noted supra, that the provisions of Division 2 governing local amendment applications do not apply to original zoning of land annexed to the City. It is also evident, from an examination of the record in this case, that the Owners did not apply for a local amendment, as that term and process are given substance by the City ordinance, but rather availed themselves of the process to seek original zoning at annexation as governed by § 25-99 and Articles 23A and 66B of the Md.Code. Accordingly, tire Dissent’s characterization of the City’s zoning of the subject property as having been accomplished through a piecemeal or local amendment process is wrong.

At no place in the Majority opinion is the City’s act of zoning in this case described as a "comprehensive rezoning.” This is merely a strawman constructed by the Dissent so it would have something to pounce on, in lieu of coming to grips with the actual attributions made in the Majority opinion. No one would describe the City’s action in zoning the subject property as a comprehensive rezoning, given the definition of that term explained supra, at 535-38, and in § 25-116(3) of the City Ordinance (a "comprehensive” zoning amendment is defined as "covering the entire City”).

31 . Municipalities wield only such zoning powers as are granted to them by the Legislature. Here, the Legislature has specifically limited that power. In those cases where approval to the contrary is not forthcoming from the pre-annexation authority, the Legislature has dictated that the annexing municipality’s initial zoning of the annexed property be in compliance with the pre-annexation jurisdiction’s plan. As a result, despite the fact that the annexing jurisdiction is not free to zone the annexed property as it chooses, its initial act of zoning, though in conformity with the pre-annexation jurisdiction’s plan, is an act of original zoning, as the Dissent concedes. As a result of this fact, dictated by the Legislature, the zoning which may occur after the running of the five year period would be an act of piecemeal zoning, unless it is part of a greater comprehensive rezoning.

32 . The Dissent's position is not aided by its reliance on Prince George's County v. Collington Corporate Center 1 Limited Partnership, 358 Md. 296, 747 A.2d 1219 (2000)(Dissent, op. at 604-05). The conditions in question in Collington were not imposed by Prince George's County as required pre-conditions for zoning, nor were they a part of an instance of impermissible contract zoning. Rather, they were limitations voluntarily placed on the property by a prior property owner as a part of his prior zoning approval. 358 Md. at 302 n. 4, 307, 747 A.2d at 1222 n. 4., 1224.

33 . We have pointed out in prior cases that the impermissible influence need not be explicit. Where the record shows that the zoning action would not have taken place but for the understanding that impermissible conditions would be in operation, impermissible conditional use zoning will be struck down. Carole Highlands, 222 Md. at 46-48, 158 A.2d at 664-66.

34 . The reasoning and holding of this opinion with regard to the impermissible contract zoning presented by this case should not be read to cast wider doubt on the traditional and legitimate contractual undertakings customarily entered into between a property owner desiring to be annexed and a municipality desiring to annex. It is normal for such parties to express in writing certain executory accords, for which they have bargained, governing the anticipated annexation, including the zoning to be assigned at the time of annexation. As long as the portions of such agreements relative to the anticipatory zoning action do not violate other legal requirements, such as the prohibition against conditional use zoning in the present case, the practice of entering into annexation contracts is otherwise unaffected by this holding.

35 . We shall answer this question without deciding whether the annexation agreement and annexation resolution otherwise remain valid in the absence of severability provisions. Only the validity of the City’s Zoning Ordinance No. 10-99 was at issue in this case. As the validity of the annexation agreement vel non and ordinance, are not before this Court, we take no position as to their legal status, although interesting questions in connection with them may exist. See Dwayne Clay, M.D., P.C. v. GEICO, 356 Md. 257, 263-64, 739 A.2d 5, 8-9 (1999); Post v. Bregman, 349 Md. 142, 161, 707 A.2d 806, 815 (1998); State Farm Mut. Auto. Ins. Co. v. Nationwide Mut. Ins. Co., 307 Md. 631, 643, 516 A.2d 586, 592 (1986); Maryland-Nat’l Capital Park and Planning Comm'n v. Washington Nat’l Arena, 282 Md. 588, 605-06, 386 A.2d 1216, 1228-29 (1978); Riden v. Philadelphia, B. & W.R. Co., 182 Md. 336, 346, 35 A.2d 99, 104 (1943); Campitelli v. Johnston, 134 Md.App. 689, 696-97, 761 A.2d 369, 372-73, cert. denied, 363 Md. 206, 768 A.2d 54 (2001).

36 . Amicus Curiae Maryland Municipal League, Inc. also takes this position.