Bladensburg City Zoning Code
PART 27
3 ADMINISTRATION
Sec. 27-3200 Summary Table of Development Review Responsibilities
Table 27-3200: Summary Table of Development Review Responsibilities, identifies the types of development applications authorized by this Ordinance.
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Table 27-3200: Summary of Development Review Responsibilities | ||||||||
|---|---|---|---|---|---|---|---|---|
D = Decision R = Recommendation C = Comment A = Appeal E= Election | ||||||||
| Procedure | Review and Decision-Making Bodies | |||||||
| District Council | Planning Board | Board of Appeals | Zoning Hearing Examiner | Planning Director | DPIE Director | Historic Preservation Commission | Municipalities | |
| Comprehensive Plans | ||||||||
| Comprehensive Plans and Amendments(General Plan, Functional Master Plans, Area Master Plans, and Sector Plans), and Major Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Minor Plan Amendments | I <D> (1) | I <R> (1) | R | R (3) | ||||
| Sectional Map Amendment (SMA) | I <D> | <R> | R | C (3) | R | |||
| Amendments and Planned Developments | ||||||||
| Legislative Amendment | I <D> | C | C | |||||
| Zoning Map Amendment (ZMA) | <D> (2) | <R> (2) | <R> | R | C (3) | R | ||
| Planned Development (PD) Zoning Map Amendment | <D> | <R> | <R> | R | C (3) | R | ||
| Chesapeake Bay Critical Area Overlay Zoning Map Amendment | I <D> | I <R> (8) | <R> (8) | R | C (3) | R | ||
| Special Exceptions | ||||||||
| Special Exception | <A> / <E> | <D> | R | C (3) | ||||
| D (4) | D (4) | D (5) | ||||||
| Site Plans | ||||||||
| Detailed Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| D | ||||||||
| Expedited Transit-Oriented Development Site Plan | <A> / <E> | <D> | R | C (3) | ||||
| Permits and Certifications | ||||||||
| Sign Permit | R (7) | <A> | R | D | ||||
| Temporary Use Permit | R (7), (9) | <A> | R (9) | D | ||||
| Use and Occupancy Permit | R (7) | <A> | R | D | ||||
| Zoning Certification | D | |||||||
| Grading Permit | R (7) | <A> | R | D | ||||
| Building Permit | R (7) | <A> | R | D | ||||
| Relief Procedures | ||||||||
| Variance | <D> (6) | <D> (6) | <D> | <D> (6) | R | C (3) | D (5) | |
| Departure | ||||||||
| <A> | D | D (5) | ||||||
| <A> / <E> | <D> | <D> (6) | R | C (3) | D (5) | |||
| Alternative Compliance | <D> (6) | <D> (6) | <D> (6) | D | D (5) | |||
| Validation of Permit Issued in Error | <D> (2) | <R> | R | C (3) | ||||
| Administrative Appeals | <A> | D | ||||||
| Enforcement Procedures | ||||||||
| Zoning Enforcement, Generally | <A> | I | ||||||
| Revocation or Modification of Approved Special Exception | <D> | R | I | |||||
| Other Procedures | ||||||||
| Authorization of Permit Within Proposed Right-of-Way (ROW) | <D> (2) | <R> | C (3) | |||||
| Certification of Nonconforming Use (Administrative) | <A> / <E> | <R> (11) | D | |||||
| Certification of Nonconforming Use | <A> / <E> | <R> | D | |||||
| Revocation of Certification of Nonconforming Use | <D> | |||||||
NOTES:
| ||||||||
Sec. 27-3400 Standard Review Procedures
This Section sets forth the standard procedures that generally apply to the review of development applications under this Ordinance. Not all procedures in this Section apply to every development application. Section 27-3600, Application-Specific Review Procedures and Decision Standards, identifies, for a specific type of development application, which standard procedures are required, including any additions or modifications that apply.
Sec. 27-3500 Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards
This Section establishes, for the preparation of the General Plan, Area Master Plans, Sector Plans, and Functional Master Plans; Sectional Map Amendments; and Legislative Amendments; the specific review procedure and decision standards that apply (See Section 27-3200, Summary Table of Development Review Responsibilities). The following sections identify, for each type of development application:
- (1)A general overview of the type of legislative function;
- (2)In what situations legislative approval is necessary;
- (3)The standard procedures in Section 27-3400, Standard Review Procedures, that are required, and any applicable modifications of or additions to the standard procedures; and
- (4)The standards for making a decision on the application.
Sec. 27-3600 Application-Specific Review Procedures and Decision Standards
This Section establishes, for each type of application reviewed for a development approval or permit under this Ordinance, the specific review procedure and decision standards that apply, in accordance with Section 27-3200, Summary Table of Development Review Responsibilities. The following sections identify, for each type of development application:
- (1)A general overview of the type of development approval or permit;
- (2)In what situations application approval is necessary;
- (3)The standard procedures in Section 27-3400, Standard Review Procedures, that are required, and any applicable modifications of or additions to the standard procedures; and
- (4)The standards for making a decision on the application.
27-3101.
This Part sets forth the review and approval procedures for development applications.
27-3301. District Council
(a)
Generally
The County Council of Prince George’s County is the District Council for that portion of the Maryland-Washington Regional District located in Prince George’s County. They shall be called in this Ordinance "District Council."
(b)
Duties of the District Council
To exercise its authority in accordance with State law, the District Council shall have the following powers and duties under this Ordinance:
- (1)The District Council makes the final decision on the following:
- (A)Comprehensive plans and amendments (Section 27-3502);
- (B)Legislative amendments (Section 27-3501);
- (C)Sectional map amendments (Section 27-3503);
- (D)Zoning map amendments (ZMA) (Section 27-3601);
- (E)Planned Development (PD) zoning map amendments (Section 27-3602);
- (F)Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603);
- (G)Validations of permits issued in error (Section 27-3615); and
- (H)Variances, alternative compliance, and major departures, when associated with another application identified in this Subsection (parent application) that the District Council decides.
- (2)To hear and decide appeals, elect to review, and decide the following:
- (A)Special exceptions and revocations (Section 27-3604);
- (B)Detailed site plans (Section 27-3605(d));
- (C)Certification of nonconforming use and revocations (Section 27-3618);
- (D)Variances, alternative compliance, and major departures, when associated with another application identified in this Subsection (parent application) that another body decides; and
- (E)Expedited Transit-Oriented Development Site Plan Applications (Section 27-3619).
- (3)Establishes or delegates responsibility to establish a schedule of fees and a collection procedure for applications for development approvals and permits reviewed under this Ordinance. The schedule of fees may be altered only by the District Council. (See Section 27-8301, Fee Regulations).
- (4)To evaluate, in accordance with State law, at least every 6 years whether approved Area Master Plans or Sector Plans should be amended, and to provide the reasons for the decision in writing. If any part of a planning area is scheduled more than once in a five-year-period, the specific reasons shall be provided in a resolution.
- (5)To establish timetables for consideration of comprehensive plans for all of the Regional District in the County.
(c)
Postponement of Council Actions
- (1)Whenever the District Council is required to take action on or has the option to review a matter within a time limit specified in this Subtitle, the calculation of the time limit shall be postponed during the period that the Council is prohibited from taking action pursuant to the provisions of the Land Use Article of the Annotated Code of Maryland, and the months of August and December when the Council is in recess; or in the event the Council fails or is unable to meet due to the cancellation of a scheduled Council session due to a weather emergency, or other declared state of emergency, in which event the time shall be extended to the next regularly scheduled date on which the District Council meets.
- (2)This Section only applies to the District Council. It does not affect the Zoning Hearing Examiner, Planning Board, or any other person or agency, except to the extent that Council action is postponed.
(d)
Virtual Hearings
Upon notification, the District Council may hold the entire hearing or a portion of the hearing virtually and provide for virtual public participation. Notice and procedures for the hearing shall be in accordance with the District Council Rules of Procedure.
27-3302. Prince George’s County Planning Board (Planning Board)
(a)
Duties of the Planning Board
To exercise its authority in accordance with State law, the Planning Board shall have the following powers and duties under this Ordinance or as delegated by the District Council:
- (1)To review and make recommendations to the District Council on the following:
- (A)Comprehensive plans and amendments (Section 27-3502);
- (B)Sectional map amendments (Section 27-3503);
- (C)Zoning map amendments (ZMA) (Section 27-3601);
- (D)Planned Development (PD) zoning map amendments (Section 27-3602); and
- (E)Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603).
- (2)To review and comment on legislative amendments (Section 27-3501).
- (3)To review and decide applications for the following:
- (A)Detailed site plans (Section 27-3605(d));
- (B)Major departures (Section 27-3614(e));
- (C)Variances, when associated with another application identified in this Subsection (parent application) that the Planning Board decides;
- (D)Alternative compliance to landscaping associated with a site plan (see Landscape Manual); and
- (E)Expedited transit-oriented development site plan applications (Section 27-3619).
- (4)To hear and decide appeals from the following:
- (A)Minor departures (Section 27-3614(c));
- (B)Alternative compliance decisions made by the Planning Director (see Landscape Manual); and
- (C)Recommendations made by an LMUTC Design Review Committee.
- (5)To administer oaths to witnesses at evidentiary hearings.
- (6)To confirm nominations for membership on LMUTC Design Review Committees.
27-3303. Board of Appeals (BOA)
(a)
Powers and Duties
The BOA shall have the following powers and duties under this Ordinance:
- (1)To review and decide variances (Section 27-3613), except variances associated with other entitlement applications, and variances for lot area, setback, and similar requirements that are delegated to a municipality;
- (2)To hear and decide appeals where it is alleged that, in the administration of this Subtitle, there is error in the refusal of a building or use and occupancy permit, or in any other decision of the DPIE Director, the Planning Board, or any other person or body authorized to administer this Subtitle;
- (3)To reverse, affirm, or modify any decision upon which the appeal is made;
- (4)To review and decide security exemption plans for fences and walls (Section 27-6610, Security Exemption Plan), except where such security exemption plans have been delegated to a municipality;
- (5)To hear and decide appeals for the following:
- (A)
- (B)Temporary use permits (Section 27-3607);
- (C)Use and occupancy permits (Section 27-3608);
- (D)Grading permits (Section 27-3610);
- (E)Building permits (Section 27-3611); and
- (F)Zoning enforcement (PART 27-8).
- (6)To compel the attendance of witnesses at hearings;
- (7)To administer oaths to witnesses;
- (8)To hold an entire hearing or a portion of a hearing virtually and provide for virtual participation. Notice and procedures for the hearing shall be in accordance with the District Council Rules of Procedure.
(b)
Rules of Procedure for Hearings and Other Meetings
- (1)The Board may adopt rules of procedure consistent with the provisions of this Subtitle.
- (2)The Board shall keep minutes of its proceedings.
- (3)Hearings may be adjourned and continued. If the date, time, and place of the continued hearing is publicly announced at the time of the adjournment, no further notice of the continuation shall be required. If the date, time, and place is not publicly announced at the time of the adjournment, notice shall be given in the same manner as with the original hearing.
- (4)All actions of the Board shall be taken by resolution, in which at least two (2) members must concur. Each resolution shall contain a statement of the grounds and findings forming the basis of the action. The text of the resolution and record of members’ votes shall be incorporated into the minutes or other records of the Board.
(c)
Hearings
The BOA shall meet at such times as necessary. The Chairman shall determine the time and place of all hearings. The BOA shall have the authority to adopt rules and regulations for the conduct of its meetings.
27-3304. Zoning Hearing Examiner (ZHE)
(a)
Office of the Zoning Hearing Examiner
- (1)The District Council shall appoint one or more hearing examiners, as appropriate, to conduct evidentiary hearings and make recommendations or decisions in zoning cases as established in this Section.
- (2)The ZHE shall:
- (A)Be an attorney admitted to practice before the highest Court in Maryland;
- (B)Possess judicial temperament;
- (C)Have at least five years of experience in administrative litigation; and
- (D)Demonstrate a knowledge of administrative and zoning law practice and procedure by competitive written examination.
- (3)After being appointed, ZHE shall be considered within the classified service of the County’s Personnel Law and subject to the regulations of the system.
- (4)A Chief ZHE shall be designated by the District Council to administer the Office of Zoning Hearing Examiner.
(b)
Powers and Duties
The ZHE shall have the following powers and duties under this Ordinance:
- (1)To review and make recommendations on the following:
- (A)Zoning map amendments (ZMA) (Section 27-3601);
- (B)Planned Development (PD) zoning map amendments (Section 27-3602);
- (C)Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603);
- (D)Validations of permits issued in error (Section 27-3615);
- (E)Authorizations of permits within proposed rights-of-way (Section 27-3617); and
- (F)Certification of nonconforming use (administrative) (Section 27-3618); and
- (G)Any other case for which the District Council directs that a hearing be held by the Zoning Hearing Examiner.
- (2)To review and decide:
- (A)Special exceptions (Section 27-3604);
- (B)Minor changes to approved special exceptions (Section 27-3604(i));
- (C)Variances and major departures associated with a special exception;
- (D)Alternative compliance to landscaping associated with a special exception (see Landscape Manual);
- (E)Petitions for revocation or modification of Special Exceptions, and the accompanying revocation of use and occupancy permits (Section 27-3604(j));
- (F)Zoning enforcement hearings (Section 27-8204(e));
- (G)Requests for alternative parking plans when the ZHE makes the decision on the application (Section 27-3614(b)(5)).
- (3)To compel the attendance of witnesses at evidentiary hearings and issue subpoenas for documents.
- (4)To administer oaths to witnesses.
- (5)To conduct public hearings subject to all the requirements and restrictions imposed by law upon the District Council.
- (6)To perform any other functions that are delegated to it by State law or this Ordinance.
(c)
Timing of Action
The ZHE shall issue a decision on a zoning case not more than 100 days after the date of the last hearing held by the hearing examiner.
27-3305. Planning Director
(a)
Powers and Duties
The Planning Director shall have the following powers and duties under this Ordinance:
- (1)To review and make recommendations to the District Council, Planning Board, BOA, ZHE, and/or DPIE on the following:
- (A)Comprehensive plans and amendments (Section 27-3502);
- (B)Sectional map amendments (Section 27-3503);
- (C)Zoning map amendments (ZMA) (Section 27-3600);
- (D)Planned Development (PD) zoning map amendments (Section 27-3602);
- (E)Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603);
- (F)Special exceptions (Section 27-3604);
- (G)Detailed site plans (Section 27-3605(d));
- (H)
- (I)Use and occupancy permits (Section 27-3608);
- (J)Grading permits (Section 27-3610);
- (K)Building permits (Section 27-3611);
- (L)
- (M)Major departures (Section 27-3614(e));
- (N)Development applications in the LMUTC Zone; and
- (O)Expedited transit-oriented development site plan applications (Section 27-3619).
- (2)To review and decide the following:
- (A)Zoning certifications (Section 27-3609);
- (B)Interpretation (text, uses, and Zoning Map) (Section 27-3612);
- (C)Minor departures (Section 27-3614(e));
- (D)Certification of nonconforming uses (Section 27-3618);
- (E)Minor changes to approved special exceptions (Section 27-3604(i));
- (F)Minor amendments to approved detailed site plans (Section 27-3605(d)(11)(B));
- (G)Alternative compliance to landscaping associated with a permit (see Landscape Manual);
- (H)To review and decide security exemption plans for exterior lighting (Section 27-6709, Security Exemption Plan); and
- (I)Determine the amount of required parking spaces for uses not expressly listed in Table 27-6305(a), Minimum Number of Off-Street Parking Spaces, in accordance with Section 27-6305(b), Unlisted Uses.
- (3)To make administrative corrections to the Official Zoning Map and comprehensive plans.
- (4)To establish development application requirements for development approvals and permits, other than fees.
- (5)To ensure that applications for development approvals and permits are processed and reviewed in accordance with this Ordinance.
- (6)To maintain the Official Zoning Map and other such records and official materials in accordance with this ordinance.
- (7)To make available at the Planning Director’s office, upon reasonable request and during normal business hours, copies of all development applications, staff reports, and materials submitted, at a reasonable cost where permitted.
(b)
Subdivision and Development Review Committee
The Subdivision and Development Review Committee may be established and operate under the direction of the Planning Director. The Subdivision and Development Review Committee may be staffed by M-NCPPC, County, State, and regional agencies, and municipal representatives to review and comment on the following applications under this Ordinance:
- (1)Detailed site plans (Section 27-3605(d)).
27-3306. Department of Permitting, Inspections and Enforcement Director (DPIE Director)
(a)
Powers and Duties
In accordance with State law, the DPIE Director shall have the following powers and duties under this Ordinance:
- (1)
- (2)To review and decide the following:
- (A)
- (B)Temporary use permits (Section 27-3607);
- (C)Use and occupancy permits (Section 27-3608);
- (D)Grading permits (Section 27-3610);
- (E)Building permits (Section 27-3611); and
- (3)To enforce all provisions of this Ordinance in accordance with PART 27-8: Enforcement.
- (4)
(b)
Permit Referral
- (1)Every application for a grading, building, or use and occupancy permit shall be referred by the DPIE Director to the Planning Director or Planning Board for comments or recommendations, if any, with respect to:
- (A)The requirements of this Subtitle, Subtitle 24, Subtitle 25, the Regional District Act, and any conditions placed on the property in a zoning or subdivision matter; and
- (B)Conformance with any approved detailed site plan, Chesapeake Bay Critical Area Conservation Plan, or any other site or development plan applicable to development of the property.
- (2)No permit shall be recommended for approval by the Planning Board until after the expiration of the specified appeal period from a Planning Board decision concerning the subject property of the permit, unless the right of appeal has been waived; nor shall any permit be recommended for approval during the pendency of any appeal to, or review by, the District Council.
- (3)This subsection shall not apply to:
- (A)Temporary use permits issued in accordance with Section 27-3607, Temporary Use Permit, except in cases of property in the Safety Zones of the MIO Zone, properties subject to Subtitle 25, and properties within the Chesapeake Bay Critical Area; and
- (B)Permits of a minor nature as specified in Section 27-3611(f), Permits of a Minor Nature. This exception shall not apply to any property which is located within a historic district or listed in the Approved Historic Sites and Districts Plan as a historic site, resource, or district, properties subject to Subtitle 25, or properties within the Chesapeake Bay Critical Area.
- (4)Any comments or recommendations of the Planning Director or Planning Board to the DPIE Director regarding applications for grading, building, or use and occupancy permits are advisory only and shall not be a prerequisite for the issuance of grading, building, or use and occupancy permits.
27-3307. Historic Preservation Commission
(a)
Powers and Duties
The Historic Preservation Commission shall have the following powers and duties under this Ordinance:
- (1)To review and comment on Area Master Plans and Sector Plans, if the plan contains either a proposed historic site, resource, or district, or an historic site, resource, or district that is already identified on the Approved Historic Sites and Districts Plan; and
- (2)To review and comment on detailed site plan applications and any development application reviewed or decided by the District Council, Planning Board, Planning Director, or ZHE if the development application includes land which contains or abuts an historic site, resource, or district identified on the Approved Historic Sites and Districts Plan, as soon as feasible after the application is submitted and determined complete.
27-3308. Municipalities
(a)
Powers and Duties
In accordance with State and County law, and only where expressly authorized by the District Council, municipalities may have the following powers and duties under this Ordinance:
- (1)To review and make recommendations to the appropriate advisory or decision-making body or official on the following, only when land subject to the proposed amendment(s) is located within the boundaries of the affected municipal corporation:
- (A)Sectional map amendments (Section 27-3503);
- (B)Zoning map amendments (ZMA) (Section 27-3601);
- (C)Planned Development (PD) zoning map amendments (Section 27-3602); and
- (D)Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603).
- (2)To review and decide the following (when delegated to the municipal corporation in accordance with Section 27-3308(b) below):
- (A)Minor changes to approved special exceptions (Section 27-3604(i));
- (B)
- (C)Minor departures (Section 27-3614(c));
- (D)Major departures (Section 27-3614(e));
- (E)Alternative compliance with landscaping (see Landscape Manual);
- (F)Security exemption plans for fences and walls (Section 27-6610); and
- (G)Security exemption plans for exterior lighting (Section 27-6709).
(b)
Delegated Authority to Municipalities
- (1)An incorporated municipality may enact an ordinance which sets forth procedural regulations governing any or all of the following:
- (A)Departures (minor and major) of numerical design and landscaping standards in the municipality for:
- (i)Parking and loading standards (Section 27-6206(k)), Block Design; Table 27-6206(m)(1): Minimum Stacking Spaces for Drive-Through facilities and Related Uses; Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces); Section 27-6305, Off-Street Parking Space Standards; Section 27-6306, Dimensional Standards for Parking Spaces and Aisles; and Section 27-6310, Loading Area Standards);
- (ii)Alternative compliance from landscaping requirements (Landscape Manual); and
- (iii)Sign design standards (Section 27-61505, Standards for Specific Sign Types; Section 27-61506, Standards for Special Purpose Signs; and Section 27-61507, Standards for Temporary Signs).
- (2)General
- (A)The thresholds, extent, and standards for departures shall not exceed those established in this Subsection and the Landscape Manual.
- (B)The municipality may not impose any standard or requirement stricter than or materially different from those thresholds and standards in this Subsection.
- (C)Notwithstanding any other law, the legislative body of a municipal corporation, by local law, may authorize the erection of a fence that exceeds the height restrictions or limitations otherwise required by State, Regional, or County zoning laws or agencies exercising zoning and planning jurisdiction over the municipal corporation.
- (D)The procedural regulations adopted by the municipality shall be set forth in a municipal ordinance.
- (E)The municipal ordinance shall provide that any person aggrieved by its decision, who was a party to the proceeding before it, may appeal to the Circuit Court, which shall have the power to affirm the decision of the municipality or, if the decision is not in accordance with law, to remand the matter or to modify or reverse the decision.
- (3)Procedures
- (A)Prior to adopting the ordinance, the municipality shall hold a duly advertised public hearing. The District Council shall also hold a public hearing on the proposed municipal ordinance within 60 days of its receipt. Notice of the time, date, and place of the hearing shall be published at least one time in the County newspapers of record, at least 14 days prior to the hearing date. Following the District Council’s hearing, the Council may:
- (i)By majority vote of its members, approve the action of the municipality; or
- (ii)By a vote of at least eight of its members, approve with conditions or overrule the action of the municipality.
- (B)Failure of the District Council to adopt the municipal ordinance is considered a denial of the municipal ordinance, and if it is denied, it shall be considered invalid.
- (C)The Zoning Ordinance continues to apply within the municipality unless and until the District Council approves the proposed municipal ordinance.
- (D)After the municipal ordinance is approved by the District Council, the municipality retains the right to elect not to exercise the power to approve departures if it provides 60 days' notice of its intent not to do so to the Clerk of the Council and to the residents of the municipality. If the municipality chooses not to retain those powers, the provisions of this Subtitle automatically apply within the municipality.
27-3309. People’s Zoning Counsel
(a)
Overview and Intent
- (1)Informed public actions on land use matters require a full exploration of often complex factual and legal issues. An independent People's Counsel can protect the public interest and promote a full and fair presentation of relevant issues in administrative proceedings in order to achieve balanced records upon which sound land use decisions can be made. In addition, a People's Counsel who provides technical assistance to citizens and citizen organizations will encourage effective participation in, and increase public understanding of and confidence in, the County land use process.
- (2)Appointment:
- (A)The County Council shall appoint one (1) or more attorneys to serve as People's Zoning Counsel and Deputy People's Zoning Counsel, pursuant to Section 322 of the County Charter, for terms of four (4) years. Preference shall be given to persons who are residents of Prince George's County.
- (B)An individual appointed as People's Zoning Counsel or Deputy People's Zoning Counsel may be removed from office for cause by the affirmative vote of not less than two-thirds (2/3) of the members of the full Council.
- (C)An individual appointed as People's Zoning Counsel or Deputy People's Zoning Counsel may not represent any client in any matter involving any land use case brought pursuant to Subtitles 24: Subdivision Regulations or 27: Zoning in Prince George's County nor be a principal in a firm which does so.
- (D)At the end of a term, an individual appointed as People's Zoning Counsel or Deputy People's Zoning Counsel shall continue to serve until a successor is appointed and qualified.
- (3)Qualifications:
Any person appointed shall be a member in good standing of the Maryland bar, have substantial experience in land use law and procedure, and be actively engaged in the practice or teaching of law for at least five (5) years prior to the date of appointment.
- (4)Compensation and Support:
The compensation of the People's Zoning Counsel and Deputy People's Zoning Counsel shall be contained in the annual budget of the County. Payment shall be made upon approval of the Chairman of the Council. The People's Zoning Counsel and Deputy People's Zoning Counsel shall be provided the clerical and other assistance prescribed in the budget.
(b)
Powers and Duties
- (1)To protect the public interest and achieve a full and fair presentation of relevant issues, the People's Zoning Counsel shall have the right to appear on behalf of the interests of the public in general, to defend any duly enacted General Plan, Area Master Plan or Sector Plan, or Functional Master Plan, or comprehensive zoning maps as adopted by the District Council, and in any matter involving zoning reclassification or any special exception (Section 27-3604). The People's Zoning Counsel may appear before:
- (A)The Zoning Hearing Examiner or the District Council (for oral argument hearings or evidentiary hearings) if the matter involves a zoning case; or
- (B)
- (C)The Planning Board if the matter involves a Planned Development (PD) Zoning Map Amendment or a Zoning Map Amendment (ZMA) proposing one of the Transit-Oriented/Activity Center base zones.
- (2)The People's Zoning Counsel may prosecute an application before any state or federal court for injunctive or other relief incidental thereto, to enjoin violation of any zoning map or Area Master Plan or Sector Plan, or as specifically authorized by the District Council.
- (3)To participate in any proceeding under Subsection (1), the People's Zoning Counsel shall file a notice of intention to participate. After the notice is filed, the People's Zoning Counsel is entitled to all notices provided to parties of record and may participate by making motions, introducing evidence, examining witnesses, cross-examining witnesses, filing exceptions, and making arguments as the law and evidence in the case may warrant. The People's Zoning Counsel shall provide a copy of the notice of intention to participate to all persons who are then parties of record to the matter. In the People's Zoning Counsel's discretion, the Counsel may withdraw from, or decline to participate in, any proceeding in which the Counsel may participate in under Subsection (1). The People's Zoning Counsel is not liable to any person for participating in, or declining to participate in, any proceeding.
- (4)The People's Zoning Counsel shall have in each appearance all rights of counsel for a party of record, including, but not limited to the right to file and prosecute an appeal to the courts as an aggrieved party to promote and protect the health, safety, and welfare of the community.
- (5)The Deputy People's Zoning Counsel shall act for the People's Zoning Counsel at the direction of the People's Zoning Counsel or when the People's Zoning Counsel is unable to serve.
(c)
Education of the Public:
- (1)Without becoming a party to any judicial or administrative proceeding, and subject to available time and resources, the People's Zoning Counsel may provide technical assistance to any person about a proceeding described in Section 27-3309(b)(1). When providing technical assistance, the People's Zoning Counsel must inform the recipient that the People's Counsel is not acting and cannot act as a personal attorney for the recipient.
- (2)The People's Zoning Counsel shall be available to any civic association, homeowners association, or other similar group to speak about land use law and procedures in Prince George's County.
27-3310. LMUTC Design Review Committees
(a)
General
Each LMUTC in the County shall include a local design review committee, advisory to the Planning Board, to review applications and make recommendations to the decision-making body. The procedures established in this Subsection for establishment and membership of the LMUTC design review committees supersede any procedures included in any Mixed-Use Town Center Development Plan and the previous Zoning Ordinance.
(b)
Establishment, Membership, and Officers
- (1)Composition
Each LMUTC design review committee shall consist of 7 members.
- (2)Nomination and Confirmation
- (A)The LMUTC Design Review Committees for the Brentwood, Mount Rainier, and Riverdale Park LMUTC zones shall be nominated by the respective legislative bodies of each municipal corporation and be confirmed by the Planning Board.
- (B)The LMUTC Design Review Committee for the Suitland LMUTC Zone shall be nominated by the Councilmember representing the Councilmanic District in which the Suitland LMUTC Zone lies, and be confirmed by the Planning Board.
- (3)Eligibility
- (A)The term of service for LMUTC Design Review Committee members shall be 2 years. Committee members may serve up to an additional 6 months while their successor is nominated and confirmed.
- (B)A minimum of 1 serving member on each LMUTC Design Review Committee shall be a design professional or demonstrate experience in the fields of architecture, engineering, historic preservation, or planning.
(c)
Powers and Duties
Within the LMUTC Zone, LMUTC Design Review Committees shall have the following powers and duties:
- (1)To review and comment to the appropriate decision-making body or official on the following:
- (A)Building permits (Section 27-3611);
- (B)Use and Occupancy permits (Section 27-3608);
- (C)
- (D)Special permits and other pertinent application types found in the former Mixed-Use Town Center Zone; and
- (E)Any other application previously delegated to the local design review committee for review and comment by the District Council.
27-3401. Pre-Application Conference
(a)
General
A pre-application conference provides an opportunity for:
- (1)The applicant to determine the submission requirements, procedures, and standards applicable to an anticipated development application; and
- (2)Staff to become familiar with, and offer the applicant preliminary comments about the scope, features, and impacts of the proposed development as it relates to the standards in this Ordinance.
(b)
Applicability
- (1)A pre-application conference is required before any of the following development applications are submitted, unless waived by the Planning Director because development proposed in the application is sufficiently straightforward that the applicant does not need additional staff input on the application:
- (A)Zoning map amendments (ZMA) (Section 27-3601);
- (B)Planned Development (PD) zoning map amendments (Section 27-3602);
- (C)Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603)
- (D)Special exceptions (Section 27-3604);
- (E)Detailed site plans (Section 27-3605(d));
- (F)Major departures (Section 27-3614(e)); and
- (G)Development pursuant to prior Ordinance (Section 27-1904).
- (2)A pre-application conference is optional for any other type of development application.
(c)
Procedure
- (1)Submission of Materials Prior to Conference
Before a pre-application conference is held, the applicant shall submit to the Planning Director a narrative describing the scope of the proposed development, a conceptual site drawing of the development proposed in the application, and any other information reasonably requested by the Planning Director.
- (2)Scheduling
Within fourteen (14) days after receipt of a request for a pre-application conference, the Planning Director shall schedule the pre-application conference and notify the applicant of the conference time and location.
- (3)Conference Proceedings
The Planning Director shall review the materials submitted by the applicant prior to the conference. At the conference, the Planning Director shall seek any needed clarification from the applicant regarding the proposed application and identify any concerns, problems, or other factors the applicant should consider regarding the proposed application.
(d)
Effect of Conference
- (1)The pre-application conference is intended to facilitate the application review process. Discussions at the pre-application conference are not binding on the County, and consequently no final or binding decision is made at a pre-application conference.
- (2)A pre-application conference request does not constitute the filing of an application. Processing times for application review do not begin until an application is submitted and determined to be complete in accordance with Section 27-3404, Determination of Completeness.
27-3402. Pre-Application Neighborhood Meeting
(a)
General
The pre-application neighborhood meeting is intended to inform owners and occupants of nearby lands about a proposed development application to be reviewed under this Ordinance, and to provide the applicant an opportunity to hear comments and concerns about the development proposal in order to resolve conflicts and outstanding issues, where possible. Pre-application neighborhood meetings are opportunities for informal communication between applicants and the landowners and occupants of nearby lands, and other residents affected by development proposals. Participation in any preliminary, pre-application neighborhood meeting is for informational purposes only. Any resultant participation and/or written summary of same shall not be part of the administrative record for any development application that may be filed and accepted.
(b)
Applicability
- (1)A pre-application neighborhood meeting is required before any of the following development applications are submitted:
- (A)Zoning map amendments (ZMA) (Section 27-3601);
- (B)Planned Development (PD) zoning map amendments (Section 27-3602);
- (C)Chesapeake Bay Critical Area Overlay (CBCAO) zoning map amendments (Section 27-3603);
- (D)Special exceptions (Section 27-3604);
- (E)Detailed site plans (Section 27-3605(d)); and
- (F)Major departures (Section 27-3614(e)).
- (2)A pre-application neighborhood meeting may also be held at the applicant’s option before the submission of any development application not identified in Section 27-3402(b)(2) above. Pre-application neighborhood meetings are particularly encouraged as opportunities for informal communication before submitting any application requiring a public hearing in accordance with Section 27-3600, Application-Specific Review Procedures and Decision Standards.
- (3)The informational mailings and meetings required by this Subsection are in addition to all postings and notices required by this Ordinance and State law.
- (4)If a development application is not accepted for review in accordance with the requirements of Section 27-3403, Application Submittal, within one year of the date the pre-application neighborhood meeting is conducted, the applicant shall conduct a second pre-application neighborhood meeting in accordance with this Section.
(c)
Procedure
If a pre-application neighborhood meeting is conducted, it shall comply with the following requirements:
- (1)Meeting Location and Time
The meeting shall be held at or after 6:00 p.m. on a weekday or between 10 a.m. and 4 p.m. on a weekend, at a location that is convenient and generally accessible to neighbors residing in proximity to the land subject to the proposed application, or may be held virtually, as necessary.
- (2)Notification
- (A)Informational Mailing
- (i)The applicant shall mail notice of the meeting at least 30 days before the meeting.
- (ii)Notice shall be mailed to:
- (aa)The Planning Director;
- (bb)
- (cc)Any municipality in which the land subject to the application is located, and every municipality located within one mile of the land subject to the application, and any municipal planning department;
- (dd)All civic associations registered in accordance with Section 27-3402(d), Civic Association or Resident Registration; and
- (ee)
- (iii)As to residents, an applicant complies with this Section by providing the Planning Department with an electronic version of the informational mailing more than thirty (30) days before the Planning Department accepts an application. The applicant may also notify any person or entity registered in accordance with Subsection (d)(2)(B) of this Section. The Planning Department shall be responsible for emailing informational mailings to residents on the email registry.
- (iv)A civic association entitled to an informational mailing may waive the requirement, and an applicant’s filing of a signed waiver constitutes its compliance with the mailing requirement, for the entity signing.
- (B)Posted Notification
The applicant shall also post notification of the pre-application neighborhood meeting on the land subject to the application at least 30 days before the date fixed for the meeting.
- (C)Notification Contents
The mailed and posted notifications shall state the time and place of the meeting, the purpose of the meeting, include a current zoning sketch map clearly identifying the land area associated with the development, summarize the general nature of the development proposal, and the type of development approval or permit sought. Additionally, the notice shall include the application number, contact information for the M-NCPPC to obtain more information about the application after it is filed, an applicant telephone number and email address for persons wishing to meet, an explanation of the procedures and the necessity for becoming a person of record for the proposed application, and a statement that no government agency has reviewed the application. Developer or builder information shall be provided if different than the applicant.
- (3)Conduct of Meeting and Summary
- (A)Generally
The pre-application neighborhood meeting shall be open to the public. At the meeting, the applicant shall explain the development proposal and application, inform attendees about the application review process, respond to reasonable questions or concerns neighbors raise about the proposed application, and discuss ways to resolve reasonable conflicts or concerns.
- (B)Project Materials
The applicant shall ensure the following materials are available for review and discussion at the pre-application neighborhood meeting:
- (i)A map of the proposed development site clearly indicating the site location and streets in the vicinity;
- (ii)Illustrations depicting the layout and design of the proposed development, existing conditions, and the neighborhood context;
- (iii)A development fact sheet or summary that includes, but is not limited to, the size of the proposed project, proposed land uses, proposed number of dwelling units and/or amount of gross square footage, proposed density and intensity of the project, proposed building heights, and anticipated parking need;
- (iv)Information explaining the development review process and how members of the public may participate; and
- (v)Sign-in sheets including the meeting date and time, meeting address, project address, property owner name, applicant name and contact information, and space for participants to include their name, organization, address, phone number, and email address.
- (C)Written Summary of Meeting
- (i)The applicant shall prepare a written summary of the pre-application neighborhood meeting that includes a list of those invited to the meeting, meeting attendees and/or a copy of the sign-in sheet, copies of the materials distributed or made available for review during the meeting, and any other information the applicant deems appropriate.
- (ii)The applicant shall email a copy of the written summary of the pre-application neighborhood meeting to all attendees that have provided an email address.
- (iii)If the applicant complies with all the requirements for the pre-application neighborhood meeting established in Subsections 27-3402(c)(1), 27-3402(c)(2), and 27-3402(c)(3)(A), above, and no one attends the meeting, the applicant may state this in the written summary, and demonstrating compliance with the relevant subsections, has no further obligations under this ordinance to conduct a pre-application neighborhood meeting.
(d)
Civic Association or Resident Registration
- (1)Any civic association that maintains a registration with the Planning Director in accordance with this Subsection is entitled to informational mailings and e-mails, for all pre-application neighborhood meetings within the association’s defined geographical area.
- (2)
- (A)To register to obtain notice of pre-application neighborhood meetings, a civic association shall provide the following to the Planning Director: its name; the names, street addresses, and e-mail addresses of all its officers; the number of members (individuals or households); the geographical area it represents and is interested in, by a description acceptable to the Planning Director; the name, street address, e-mail address, and daytime telephone number of the individual, the association designee, who is to receive informational mailings in the initial registration period; and the initial registration's effective dates, which may run from date of first registration to December 31 of the following year. To continue to receive notice of applications, an association shall re-register every two years.
- (B)The Planning Director shall establish and maintain an email registry so that any County resident may receive the same informational mailings as a civic association. To obtain a registration, a resident shall provide the following information to the Planning Director: name; street address; email address; daytime telephone number; and up to two (2) adjoining Council Districts about which they want to receive informational mailings. The Planning Director may delete registrations for which an email address ceases to function.
- (3)Associations may represent overlapping geographical areas. However, for the purpose of obtaining informational mailings, an association may not represent an area extending beyond two adjoining Council Districts. In addition, the officers of an association must retain their primary residence within the association's delineated area of interest. The Planning Director may decline registration of any association which purports to represent an area of unreasonable description or otherwise does not meet the requirements of this Section.
- (4)The Planning Director may decline registration of any association which purports to represent an area of unreasonable description or otherwise does not meet the requirements of this Subsection.
- (5)A watershed protection group that is registered as a Section 501(c)(3) environmental organization may designate an area consisting of the watershed whose protection is the purpose of the organization if the officers of the organization maintain their primary residence within the watershed.
27-3403. Application Submittal
Development applications shall be submitted in accordance with the requirements of this Section.
- (a)Authority to File Applications
- (1)Applications for development approvals and permits shall be submitted by:
- (A)The landowner; or
- (B)Any other person or entity having a legal interest in the land upon which the development is proposed, or their authorized agent.
- (2)Applicant is Not the Owner
If the applicant is not the owner of the land, or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submittal of the application.
- (3)Applicant is Not the Sole Owner
If the applicant is not the sole owner of the land, a letter signed by all the other owners consenting to or joining in the application for development approval or permit shall be submitted, along with owner names, resident and business mailing addresses, their percent of ownership, and signatures.
- (b)Application Contents and Form
The application contents and form shall comply with requirements established by Section 27-3600, Application-Specific Review Procedures and Decision Standards, and the Planning Director.
- (c)Fees
The District Council shall establish the fees required for each type of development application submitted under this Ordinance, as appropriate (see Section 27-8300, Fees). No application is complete until all required fees are paid in full.
- (d)Submission Schedule
The Planning Director, Board of Appeals, Zoning Hearing Examiner, and any other body receiving applications shall establish the schedule for application submission and review, by application type and by time frames for review consistent with any deadlines imposed by State or County law.
- (e)Simultaneous Processing of Applications
- (1)Concurrent review of two or more of the same type application that propose different development alternatives for the same parcel or development site is prohibited.
- (2)Whenever two or more forms or different types of development applications are required under this Ordinance for the same parcel or development site, the applications for those development approvals or permits may be processed simultaneously, so long as all applicable state and local requirements are satisfied. Simultaneous processing of applications may result in additional fees to the applicant.
- (f)Application Submittal and Notice
- (1)All development applications, except those identified below, shall be submitted to the Planning Director, along with the fees required for the application.
- (A)The following development applications shall be submitted to the District Council, along with the fees required for the application:
- (i)Authorization of permit within proposed right-of-way (ROW) (Section 27-3617); and
- (ii)Reconsideration and amendment of decision.
- (B)The following development applications shall be submitted to the Board of Appeals, along with the fees required for the application:
- (C)The following development applications shall be submitted to the DPIE Director, along with the fees required for the application:
- (i)
- (ii)Temporary use permits (Section 27-3607);
- (iii)Use and occupancy permits (Section 27-3608);
- (iv)Grading permits (Section 27-3610);
- (v)Building permits (Section 27-3611); and
- (vi)Validations of permits issued in error (Section 27-3615).
- (D)The following development applications shall be submitted to the Zoning Hearing Examiner, along with the fees required for the application:
- (i)Expedited Enforcement Procedures (Section 27-8204)
- (E)The following development applications shall be submitted to the municipality from the applicant:
- (i)Use and occupancy permits (Section 27-3608).
- (ii)
The applicant is required at the time a County use and occupancy permit application is made to provide the municipality in which the building is located a copy of the County use and occupancy permit application and supporting documents provided no separate use and occupancy permit is required by the municipality. If the municipality requires a separate use and occupancy permit, the applicant shall file a municipal use and occupancy permit application.
- (2)The applicant shall obtain an application number from the Planning Department before sending an informational notice of application submittal. This information notice shall contain at least the following: the application number; a description of the property and its location; the nature of the applicant’s request; the justification statement, if required with the application; the Planning Department section, with telephone number, to obtain more information about the application after it is filed; a statement to recipients that the applicant will meet, to explain the application; an applicant telephone number and email address, for persons willing to meet; an explanation of the procedures and the necessity for becoming a person of record in the pending application; and a statement that no government agency has reviewed the application. A municipality, civic association, or other party entitled to an informational mailing may request a copy of the site plan from the applicant. Information mailings required by this Section are in addition to all postings and notices required by law.
- (g)Filing of Affidavits
- (1)Ethics Affidavit
Owners, applicants, agents, and any others as appropriate shall file an affidavit or affidavits related to payments or contributions to a member of the County Council or the County Executive in accordance with State law.
- (2)Affidavit of Mailing
If the application is for one of the review procedures listed below, the applicant shall file an affidavit of mailing, which shall give the names and addresses of all persons sent informational mailings and the dates when they were sent:
- (A)Zoning map amendment (ZMA) (Section 27-3601);
- (B)Planned Development (PD) Zoning Map amendment (Section 27-3602);
- (C)Chesapeake Bay Critical Area Overlay (CBCAO) Zoning map amendment (Section 27-3603) and variances and Chesapeake Bay Critical Area Conservation Plans filed in conjunction with other applications requiring public hearings by the Planning Board or District Council;
- (D)Special exceptions and minor changes to approved special exceptions (Section 27-3604); and
- (E)Detailed site plan (Section 27-3605).
27-3404. Determination of Completeness
(a)
Generally
- (1)Upon submittal of a development application, the District Council, BOA, Planning Director, or DPIE Director, whichever the application was submitted to, shall determine if the application is complete within 15 business days. A complete application is one that:
- (A)Contains all application content requirements established for the particular type of application in accordance with Section 27-3403(b), Application Contents and Form;
- (B)Is in the form required for the particular type of application in accordance with Section 27-3403(b), Application Contents and Form;
- (C)Includes all required affidavits, such as the applicant’s affidavit of mailing of any required information notices in accordance with Section 27-3403(f), Application Submittal and Notice;
- (D)Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate substantive standards of this Ordinance; and
- (E)Is accompanied by the fees established for the particular type of application in accordance with Section 27-3403(c), Fees.
- (2)No application may be deemed complete if it fails to comply with any of the above requirements.
(b)
Application Incomplete
- (1)If it is determined the application is incomplete, the District Council, BOA, Planning Director, or DPIE Director, as appropriate, shall send written notice to the applicant of the deficiencies, and review of the application shall not proceed. The applicant may correct the deficiencies and resubmit the application for completeness determination.
- (2)Notwithstanding the other provisions of this Subsection, after an application is determined incomplete three times, an applicant may request in writing, and the Planning Director or DPIE Director, as appropriate, shall process the application in accordance with the requirements of this Part, even though it is not considered a complete application.
(c)
Notice of Completeness
- (1)When the District Council, Planning Director, BOA, or DPIE Director, as appropriate, determines an application has been filed in proper form and is ready to be determined complete, the appropriate body shall notify the applicant in writing, preferably by e-mail. When applicable, the name and contact information of the staff member assigned to the application shall be included in the notice.
- (2)The applicant shall notify in writing and via first class mail municipalities, civic associations, any governed special taxing district, and other persons entitled to receive informational mailings that the application is ready to be accepted. When applicable, the name and contact information of the staff member assigned to the application shall be included in the notice.
- (3)The District Council, BOA, Planning Director, or DPIE Director, as appropriate, shall not formally determine an application as complete or begin processing the application until after the applicant has filed an affidavit in the record to document completion of a written notice of acceptance to municipalities, civic associations, any governed special taxing district, and other persons entitled to receive informational mailings.
- (4)The applicant shall notify in writing via first class mail municipalities, civic associations, any governed special taxing district, and other parties entitled to receive information mailings that the application has been deemed complete. When applicable, the name and contact information of the staff member assigned to the application shall be included in the notice.
- (5)Within a reasonable time after an application is determined complete by the Planning Director, BOA, or DPIE Director, as appropriate, the Director shall so advise the Zoning Hearing Examiner of all cases requiring a hearing by his/her office.
(d)
Application Complete
- (1)If the development application is determined complete or if the applicant has requested that the application be processed in accordance with Section 27-3404(b)(2) above, it shall be reviewed in accordance with the procedures and standards of this Subsection, this Division, and this Ordinance.
- (2)Applications reviewed and decided by the District Council, Planning Board, Planning Director, BOA, or ZHE, shall be referred to the Historic Preservation Commission at this stage for comment, if the development application includes land which contains or abuts an historic site, resource, or district identified on the Adopted and Approved Historic Sites and Districts Plan, as soon as feasible after the application is submitted and determined complete.
- (3)The Historic Preservation Commission shall submit its comments for the record within 30 days prior to the first hearing on the application by an advisory board or official or, if no review by an advisory board or official is required, by the decision-making body or official. Failure of the Historic Preservation Commission to submit comments within this time period shall constitute no objection to the application.
- (4)Any established time frame for review of the application starts on the date it is determined complete, or the date it is requested to be processed in accordance with Section 27-3404(b)(2) above.
(e)
Record of Complete Applications
- (1)Within 10 days after the end of each month, the Planning Director shall provide a list of all applications determined complete during that month, including those applications authorized for administrative review and/or disposition pursuant to this Subtitle, arranged according to Councilmanic District. The list shall set forth the name of the applicant, the size and description of the property, and the existing and proposed zoning classifications of the property. The Planning Director shall publish the report on the Planning Department website and shall transmit a copy to the ZHE and District Council. Any person may request, in writing, a copy of the report sent by first class mail. A reasonable fee may be charged to cover the costs of postage and copying.
- (2)One copy of the list described above shall be mailed by the Planning Director on a subscription basis without charge to every municipality as well as any homeowners, neighborhood, civic, or similar association that has registered with the Planning Director.
27-3405. Application Amendment or Withdrawal
(a)
Amending an Application
- (1)An applicant may revise a development application as follows:
- (A)Amendments concerning either (1) an error, omission of fact, or other factual change or (2) made by the applicant in direct response to an advisory or decision-making body recommendation, if the amendment is not covered by Subsections (B) or (C), below, are permitted at any time after receiving initial staff review comments on the application, or upon requesting and receiving permission from an advisory or decision-making body after that body has reviewed but not yet taken action on the application.
- (B)Amendments which involve substantial modifications to the original proposal such as changing a significant area or configuration shall cause the application to be reviewed again in accordance with the requirements of this Part.
- (C)Amendments concerning a change in a requested use type or use category, where appropriate, shall be accompanied by a new (revised) justification statement.
- (2)After a case is transmitted to the ZHE, amendments may be permitted subject to the discretion of the ZHE.
(b)
Withdrawal of Application
- (1)Withdrawal by Applicant
After an application has been accepted as complete for review, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Planning Director, DPIE Director, ZHE, or District Council, whichever the application was submitted to, or by verbally withdrawing the application at a public hearing for which review of the application is scheduled.
- (2)Withdrawal through Inaction
- (A)If an applicant requests or causes continuing postponement of submissions or actions required to complete the application review process, and such postponement causes inaction for six or more months in the review of the application, the application may be considered withdrawn, and the Planning Director or DPIE Director, whichever the application was submitted to, shall notify the applicant in writing.
- (B)The ZHE shall dismiss any zoning case transmitted to the ZHE which has not reached public hearing by or within any of the following time periods, whichever is later:
- (i)Three years after the application was filed;
- (ii)Two years after final action on a sectional map amendment (Section 27-3503), if processing of the zoning case was postponed until after that final action; or
- (iii)Two years after an application was remanded by the District Council.
- (C)The Zoning Hearing Examiner may (for good cause) grant extensions of the time periods listed above. More than one extension may be granted. Each extension may not be for more than six months.
- (D)Procedures for ZHE Dismissal:
- (i)The ZHE shall send written notice of the proposed dismissal date to the applicant, the owner, and correspondent, at their addresses of record, at least 30 days prior to dismissal.
- (ii)An order of dismissal by the Zoning Hearing Examiner shall be in writing, and shall be filed with the District Council. A copy of the order shall be sent to the Planning Board and all persons of record.
- (iii)The order of dismissal shall terminate all proceedings in the case, unless appealed by the applicant or owner to the District Council within 30 days after the date of dismissal. Each appeal shall be in writing and shall state specifically why the case should not be dismissed. An appellant shall give notice of his appeal to all persons sent notice of the order. The District Council shall consider the appeal within 90 days of its filing. The Council shall give at least ten days notice of the time and place of the meeting at which the appeal will be considered. The notice shall be sent to the appellant and all other persons who were given notice of the order of dismissal. The appellant shall have the opportunity to appear before the Council to show why the case should not be dismissed. The Council shall either uphold the order of dismissal, or shall reverse the order and remand the case to the ZHE for further processing.
- (3)Application Fees Refunded
Application fees may be refunded at the discretion of the decision-making body, if the application is withdrawn prior to the first public hearing on the application. In all other instances, application fees will not be refunded.
27-3406. Staff Review and Action
(a)
Staff Review and Opportunity to Revise Application
- (1)When the development application is determined complete, or is processed in accordance with Section 27-3404(b)(2) above, the Planning Director, Clerk of the Council, or DPIE Director, whichever the application was submitted to, shall distribute it to all appropriate Planning staff, County staff, the Subdivision and Development Review Committee, and other municipal and public agencies, as appropriate, for review and comment.
- (2)If the development application is a detailed site plan, the application shall be referred to the Prince George’s County Police Department for review and comment. The Police Department may comment on issues relevant to their mission, including opportunities to implement crime-prevention measures, and to enhance the safety and security of residents, employees, and other users of a project through implementation of the principles of Crime Prevention Through Environmental Design (CPTED).
- (3)The Planning Director or DPIE Director, as appropriate, shall then review the application, along with the relevant support material, and any comments. If deficiencies in complying with applicable standards are identified, the Planning Director or DPIE Director, as appropriate, shall notify the applicant of those deficiencies and provide the applicant a reasonable opportunity to discuss the deficiencies and revise the application to address them, in accordance with Section 27-3405(a), Amending an Application.
(b)
Health Impact Assessments
Applications for detailed site plans (see Section 27-3605(d)) and comprehensive plans prepared pursuant to Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans, shall be referred to the Prince George's County Health Department. The Health Department shall perform a health impact assessment review of the proposed development or staff draft identifying the potential effects on the health of the population, and the distribution of those effects within the population, including recommendations for design components or plan policies to increase positive health outcomes and minimize adverse health outcomes on the community.
(c)
Application Subject to Staff Recommendation
- (1)Technical Staff Report
Except for variances decided by the BOA (Section 27-3613, Variance) and appeals to the BOA (Section 27-3616, Appeal to Board of Appeals), if an application is subject to a decision by the District Council, Planning Board, or ZHE in accordance with Section 27-3200, Summary Table of Development Review Responsibilities, the Planning Director shall, following completion of staff and agency review, prepare a Technical Staff Report that:
- (A)Analyzes whether the application complies with applicable review standards;
- (B)Delineates the approximate area of the neighborhood, either on the Official Zoning Map, an aerial photograph, or a sketch map, as appropriate;
- (C)Describes land use and zoning in the neighborhood;
- (D)Recommends action on the application, including any recommended conditions of approval. Where staff may recommend a zone different than that requested, an analysis of the alternative zone recommended shall be included; and
- (E)For development applications subject to evidentiary hearings in Section 27-3600 of this Code, summarizes any written communications relevant to the review standards applicable for the application type provided by those in opposition and by those in support, and received by the Planning Director at least one (1) week prior to the publication of the Technical Staff Report. Such summary shall include the Planning Director’s response to the objections and arguments made by those in opposition and by those in support, and shall be made part of the record. If there are objections and arguments made by multiple people or organizations in opposition, the Planning Director shall summarize each separate issue raised instead of addressing each individual person or organization. The summary should also comment on objections and arguments made by the opposition and by those in support that, while not relevant to the review standards applicable to the application type, would be pertinent to other approvals required in the development process.
- (2)Distribution and Availability of Application and Staff Report
- (A)After completion of the Technical Staff Report, the Planning Director shall transmit the application and report to all advisory or decision-making bodies and persons that review or make a decision on the application in accordance with Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards. The Planning Director shall also provide the applicant a copy of the Technical Staff Report and make a copy of the report available for examination by the public no less than 2 weeks prior to the scheduled Planning Board hearing and/or thirty (30) days prior to the ZHE hearing and in accordance with Section 27-3419, Examination and Copying of Application/Other Documents.
- (B)Any person may request, in writing, a copy of the Technical Staff Report sent by first class mail. A reasonable fee may be charged to cover the costs of postage and copying. Such persons shall be sent a copy of the Technical Staff Report as provided in Table 27-3407(b): Required Public Notice.
(d)
Application Subject to Decision by Planning Director or DPIE Director
If an application is subject to a final decision by the Planning Director or DPIE Director in accordance with Section 27-3600, Application-Specific Review Procedures and Decision Standards, the Planning Director or DPIE Director, as appropriate, shall make a decision on the application, consisting of one of the allowed decisions in, and based on the review standards in Section 27-3600, Application-Specific Review Procedures and Decision Standards, for the specific type of application.
27-3407. Scheduling of Hearings and Public Notice
(a)
Public Hearing Scheduling
- (1)The scheduling of public hearings for applications subject to a public hearing in accordance with Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, shall be as follows:
- (A)The District Council, BOA, Planning Board, or ZHE are responsible for scheduling their respective public hearings. Each shall ensure that the hearing on the application is scheduled for a regularly scheduled meeting of the body conducting the hearing, or a meeting specially called for that purpose by that body.
- (B)The Clerk of the Council shall schedule public hearings conducted by the District Council (see Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards), and
- (C)Public hearings shall be scheduled so there is sufficient time for any required Technical Staff Report to be prepared and distributed in accordance with Section 27-3406(c)(1), Technical Staff Report, and for public notification in accordance with Section 27-3407(b) below.
(b)
Public Notice
- (1)Generally
Notification shall be provided for all required public hearings on applications in accordance with Table 27-3407(b): Required Public Notice, all other provisions of this Section, and the Maryland Land Use Article.
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
| Table 27-3407(b): Required Public Notice | ||||||
|---|---|---|---|---|---|---|
| Application Type | Required Timing and Specific Recipients (1) | |||||
| Mail (5) | Legal Advertisement | Posting | ||||
| Comprehensive Plans | ||||||
| Comprehensive Plans and Amendments (General Plan, Functional Master Plans, Area Master Plans, and Sector Plans) | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Minor Plan Amendments | 30 days prior to the hearing(s), to:
| 30 days prior to the joint hearing(s) | No requirement | |||
| Amendments and Planned Developments | ||||||
| Sectional Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| 30 days prior to the hearing | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| 30 days prior to the hearing | No requirement | |||
| Zoning Map Amendment (ZMA) Planned Development (PD) Zoning Map Amendment | ||||||
District Council | 30 days prior to the District Council hearing, to:
| No requirement of District Council hearings | No requirement of District Council hearings | |||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
ZHE Hearing | 30 days prior to the hearing, to:
60 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment | ||||||
District Council |
| No requirement | No requirement | |||
Planning Board Hearing | 30 days prior to the hearing, to:
| 30 days prior to the hearing | 30 days prior to the hearing for property owner-initiated requests No requirement for other CBCAO Zoning Map Amendments | |||
ZHE Hearing (Only Held for Applicant-Requested CBCAO Zoning Map Amendments) | 30 days prior to the hearing to persons of record | No requirement | 30 days prior to the hearing | |||
| Use Permits | ||||||
| Special Exception | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Minor Changes to Approved Special Exception | Application decision only, to:
| No requirement | 14 days following determination of completeness; may be waived by Planning Director pursuant to Section 27-3604(i)(1) | |||
| Site Plans | ||||||
| Detailed Site Plan | ||||||
Planning Board Hearing | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council Hearing | 30 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Expedited Transit-Oriented Development Site Plan | ||||||
Planning Board | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
District Council | 7 days prior to the hearing to persons of record | No requirement | No requirement | |||
| Minor Amendment to an Approved Detailed Site Plan | No requirement | No requirement | 15 days prior to date of Planning Director’s decision | |||
| Relief Procedures | ||||||
| Variance | ||||||
Planning Board Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
ZHE Hearing | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | Notice shall be the same as that required for the companion (parent) application. | |||
BOA Hearing | 15 days prior to the hearing, to:
| No requirement | 15 days prior to the hearing | |||
| Departure | ||||||
Minor Departure | Appeal only: 14 days prior to the appeal hearing, to:
| No requirement | 15 days prior to date of Planning Director’s decision | |||
Major Departure | 14 days prior to the Planning Board hearing, to:
| No requirement | 30 days prior to the hearing Except: when associated with a companion (parent) application, notice shall be the same as that required for the companion (parent) application. | |||
Validation of Permits Issued in Error | 14 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
Appeal to BOA | 15 days prior to the hearing, to:
| No requirement | No requirement | |||
| Election by District Council | 14 days prior to the hearing, to parties of record | No requirement | No requirement | |||
| Other Procedures | ||||||
| Authorization of Permit Within Proposed Right-of-Way | 30 days prior to the ZHE hearing, to:
| 30 days prior to the ZHE hearing | 30 days prior to the ZHE hearing | |||
| Certificate of Nonconforming Use | ||||||
District Council | 30 days prior to the hearing, to:
| No requirement | No requirement | |||
ZHE | 30 days prior to the hearing, to:
| No requirement | 30 days prior to the hearing | |||
| Revocation or Modification of Approved Special Exception | The DPIE Director petition of revocation of an approved special exception shall be sent to:
| No requirement | 30 days prior to the hearing | |||
NOTES:
| ||||||
- (2)Contents
All notices required by this Section shall include:
- (A)The date, time, and place of the public hearing on the application;
- (B)The application number and the type of application being considered;
- (C)The description of the land, to include the size and zoning of the property(ies);
- (D)A summary of the applicant's request;
- (E)A phone number and e-mail address, prominently displayed, to call or e-mail for additional information, along with the website address of the Planning Department, the BOA, the ZHE, and the District Council, as appropriate;
- (F)If a public hearing is required, the word "Hearing" shall be prominently displayed; and
- (G)A statement, clearly displayed, that any member of the public is welcome to attend the public hearing and speak either in support or opposition to the public hearing.
- (3)Registration to Receive Notice
- (A)Any civic or neighborhood organization or other organization in the County may register with the Planning Director to receive notice of applications and public hearings. Such registration shall be in accordance with the procedures of Section 27-3402(d).
- (B)The notice shall be transmitted by electronic mail or, if requested by the organization, by mail.
- (4)Mailed Notice
The Planning Director, DPIE Director, BOA, Planning Board, ZHE, or the Clerk of the Council, as appropriate, shall mail notice (see Table 27-3407(b): Required Public Notice). The failure of any party to receive the mailing shall not invalidate any final action on the application.
- (5)Notice by Legal Advertisement
The Clerk of the Council shall ensure notice is published at least once in a newspaper of record in accordance with the Charter.
- (6)Posted Notice
Where required by Table 27-3407(b): Required Public Notice, the applicant shall obtain and erect all posted notice as follows:
- (A)Number, Dimensions, and Orientation
Posted notice signs shall be displayed as follows:
- (i)If the site subject to the application has frontage on one or more improved streets, there shall be one sign posted for each 500 feet, or fraction thereof, of frontage on each street. The sign(s) shall be posted on the site near the street right-of-way, and oriented to maximize their visibility to motorists. When more than one sign is required to be posted along a street, the signs shall, where practicable, be evenly spaced along the street.
- (ii)The posted notice sign(s) shall be singled-sided if the site occupies frontage on a cul-de-sac, at the end of a dead-end street, or on a one-way street. The sign(s) shall be oriented to maximize their visibility to motorists.
- (iii)The posted notice sign(s) shall be double-sided if the site occupies frontage on a street that is visible to two-way traffic. These sign(s) shall be configured in a "V" shape, at a 45-degree angle, and oriented to maximize their visibility to motorists.
- (iv)If the site does not have frontage on an improved public street, then one sign shall be placed on the land subject to the application. The sign shall be near the boundary of the site and visible from adjoining land. Another sign shall be placed near to, and visible from, the improved portion of the nearest, most-traveled street. This sign shall indicate it is not on the land subject to the application.
- (v)If the placement of any sign on the land subject to the application is not visible to motorists from adjoining streets, the Planning Director may require placement of additional signs, as needed, to ensure that notice about the application and public hearing is accessible to the general public.
- (vi)Any posted notice signs shall have a minimum ground clearance of three feet from the bottom of the sign.
- (vii)Posted notice signs shall be a minimum of 44 inches by 28 inches in size, and shall not exceed 72 inches in width or 48 inches in height.
- (B)Display and Maintenance of Posted Notice
- (i)All signs shall be posted and displayed for a continuous period of time (see Table 27-3407(b): Required Public Notice).
- (ii)The sign(s) shall be durable, conspicuous, and legible for the length of the required posting period.
- (iii)The applicant is responsible for the reasonable maintenance of all signs. If a sign is removed, falls down, or is otherwise not properly located on the site subject to the application, or in the right-of-way, for any portion of the required posting period, the applicant shall repost the sign.
- (iv)The applicant shall remove the signs from the site within 15 days after the public hearing on the application.
- (v)The person posting the sign shall file a written affidavit of posting in the record. A close-up, legible photograph of each posted sign and additional long-distance photographs depicting the signs and unique, identifiable features of the land subject to the application shall also be submitted and included in the record for the case.
- (vi)The applicant shall inspect the sign(s) at least one time no later than the 15th day of posting to ensure that the signs are maintained. The person conducting the inspection shall file in the record a written affidavit of the sign’s condition. For Planning Board hearings, a combined posting and inspection affidavit shall be filed at least 14 days prior to the hearing. For BOA hearings, an affidavit of posting shall be filed with the BOA the day of the hearing.
- (vii)Any unauthorized person removing, destroying, defacing, obstructing, or otherwise interfering with a posted sign (directly or indirectly) is in violation of this Ordinance and subject to any penalties provided by this Ordinance and State law. Interference with a posted sign shall in no way delay or invalidate the application.
- (7)Notice of District Council Final Decisions
- (A)Notice of Decision
The notice of final decision, findings, conclusions, and votes of the District Council in any zoning case shall be mailed or electronically provided to all persons of record and any public agency processing the application. For purposes of this Subtitle, reconsideration of the final decision shall be filed within thirty (30) days after the date of service of the Notice of Final Decision by the Clerk of the Council.
- (B)Reconsideration and Amendment of Decisions
- (i)With the exception of special exceptions and legislative amendments, which shall be as provided for in their respective sections of this Ordinance, once a final decision has been made by the District Council, the decision may be reconsidered upon a written request filed by either the applicant or other person of record within thirty (30) days after the date of service of the Notice of Final Decision by the Clerk of the Council if, based on the written request, the Council finds that there may have been an error in reaching the final decision that was caused by fraud, surprise, mistake, or inadvertence. The person of record filing the request for reconsideration shall, upon filing the request, send a copy to all other persons of record.
- (aa)If the District Council determines there may be grounds for reconsideration of their final decision, the Clerk of the Council shall schedule an evidentiary hearing on the request.
- (bb)After the hearing, the District Council shall first vote to reconsider their final decision and, if an affirmative motion is adopted, vote on a new decision.
- (8)Notice of Planning Board Hearing for Legislative Amendment
Upon preparation of a Legislative Amendment, the Planning Board shall schedule a public hearing within thirty (30) calendar days and provide public notice twenty-one (21) calendar days prior to the Planning Board hearing. The notice and copy of the proposed Legislative Amendment shall be transmitted by electronic mail to every organization registered pursuant to Subsection (b)(3) of this Section, and to any person or organization registered pursuant to Section 27-3402(d) of this Subtitle. The notice shall contain instructions on how to obtain an electronic version of its Technical Staff Report on the proposed legislation.
- (c)Deferral of Application
- (1)Request for Deferral
An applicant may request in writing that the District Council’s or Planning Board’s consideration of an application at a public hearing be deferred at any time prior to the public hearing.
- (2)Decision on Request Submitted Prior to Public Notification
- (A)If public notice in accordance with Section 27-3407(b) above, has not been provided, the District Council, Planning Board, or Planning Director may grant the request for good cause.
- (B)If a deferral is granted, the date of the public hearing at which the application will be heard shall be set at the time the deferral is granted.
- (3)Decision on Request Submitted After Public Notification
- (A)If public notification in accordance with Section 27-3407(b) above, has been provided, the request for deferral shall be placed on the public hearing agenda on the date the application is to be considered and acted upon by the District Council, Planning Board, or Planning Director.
- (B)The District Council, Planning Board, or Planning Director may approve the request for deferral, for good cause.
- (C)If a deferral is granted, the date of the public hearing at which the application will be heard shall be set at the time the deferral is granted. The applicant may be subject to additional application fees to defray the additional costs of processing the application.
27-3408. Review and Recommendation by Advisory Board or Official
If a development application is subject to a recommendation by an advisory board or official (either the Planning Board or ZHE, in accordance with Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards and Section 27-3600, Application-Specific Review Procedures and Decision Standards, unless stated to the contrary in those Sections), the advisory board or official shall review and act on the application in accordance with the requirements in this Section.
- (a)General
- (1)The advisory board or official shall hold any required public hearing on the application, as appropriate. At the hearing, the advisory board or official shall consider the application, relevant support materials, the Technical Staff Report, and any public comments, and then recommend one of the decisions authorized for the particular type of application, based on the decision standards applicable for the application type, as set forth in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards.
- (2)When recommending a decision for a development application subject to an evidentiary hearing in Section 27-3600 of this code, the advisory board or official shall include a summary of the oral and written testimony submitted by those in opposition and by those in support that is relevant to the review standards applicable for the application type. Such summary shall respond to the objections and arguments made by those in opposition and by those in support, and shall be made a part of the record. The summary should also comment on objections and arguments made by the opposition and by those in support that, while not relevant to the review standards applicable to the application type, would be pertinent to other approvals required in the development process.
- (b)Timing
The advisory board or official shall take action within any time period specified in this Part for the type of application; otherwise, if time periods are not specified, action shall be taken as promptly as reasonably possible.
- (c)Conditions of Approval
If permitted for the particular type of application in accordance with Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, for the specific type of application, the advisory body may recommend conditions of approval in accordance with Section 27-3415, Conditions of Approval.
27-3409. Review and Decision by Decision-Making Body or Official
If a development application is subject to a final decision by the District Council, the Planning Board, the BOA, or the ZHE (see Section 27-3200, Summary Table of Development Review Responsibilities), the decision-making body or official, unless stated otherwise in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, shall review and make a final decision on the application in accordance with the requirements in this Section.
- (a)General
- (1)The decision-making body or official shall hold any required public hearing on the application. At the hearing, the decision-making body or official shall consider the application, relevant support materials, the Technical Staff Report, any recommendations by advisory boards or officials, and any public comments. The body or official shall then make one of the decisions authorized for the particular type of application, based on the review standards applicable for the application type, as set forth in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards Studies of any agency (or its staff) in the nature of land development plans, which have not been subjected to the requirements of the adoption and approval of an Area Master Plan or Sector Plan, shall not be used as the basis for approval or disapproval of zoning cases. However, the Planning Board may consider the recommendations of the applicable adopted Area Master Plan or Sector Plan prior to its approval by the District Council, when making a recommendation on a Planned Development (PD) Zoning Map amendment application. The Zoning Hearing Examiner, Planning Board, or District Council shall not be precluded from considering any factual or empirical evidence contained in any staff studies.
- (2)When making a final decision on a development application subject to evidentiary hearing procedures in Section 27-3600, the decision-making body or official shall include a summary of the oral and written testimony submitted by those in opposition and by those in support that is relevant to the review standards applicable for the application type. Such summary shall respond to the objections and arguments made by the opposition.
- (b)Timing
The decision-making body or official shall take action within any time specified in this Part for the type of application; otherwise it shall take action as promptly as reasonably possible in consideration of the interests of the applicant, affected parties, and citizens of the County.
- (c)Conditions of Approval
If permitted for the particular type of application in accordance with Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, the decision-making body or official may impose conditions of approval in accordance with Section 27-3415, Conditions of Approval.
- (d)Remand
Before making its decision, the decision-making body or official may remand the application, once, to an advisory board or official, as applicable, for further consideration of the issues identified in the remand order, which shall be based on the record. Whenever the District Council remands an application, the time for filing shall run anew from the date of the remand by the District Council.
27-3410. Ex Parte Communications
An applicant, an applicant’s agent, a person who is (or who may become) a person of record, or anyone appearing on behalf of a person of record in a decision, shall not communicate off the record with any official or review board member conducting the hearing concerning any pending application. The official or the review board may, however, consider requests regarding scheduling.
27-3411. General Public Hearing
When a public hearing(s) is required in accordance with Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, the public hearing(s) shall be conducted in accordance with the Rules of Procedure of the advisory or decision-making body conducting the hearing, any applicable requirements in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and State law:
- (a)Legislative amendments;
- (b)Comprehensive plan amendments; and
- (c)Sectional map amendments.
27-3412. Evidentiary Hearing (Planning Board and ZHE)
(a)
Generally
- (1)This Section applies where an evidentiary hearing is required in accordance with Section 27-3600, Application-Specific Review Procedures and Decision Standards for the following types of development applications:
- (A)Zoning map amendments (ZMA);
- (B)Planned Development (PD) zoning map amendments;
- (C)CBCAO zoning map amendments;
- (D)Special exceptions;
- (E)
- (F)
- (G)Major departures;
- (H)Validations of permits issued in error;
- (I)Authorizations within proposed rights-of-way; and
- (J)Appeals.
(b)
Limitation of Time
Parties shall generally be limited to one (1) hour for each side. For good cause, the Planning Board or Zoning Hearing Examiner, as appropriate, may grant additional time.
(c)
Order of Presentation
- (1)The order of presentation shall be as follows:
- (A)Staff presentation (for Planning Board hearings);
- (B)Applicant’s case;
- (C)Opposition’s case;
- (D)Rebuttal by applicant;
- (E)Surrebuttal by opposition;
- (F)Public agency comments and examination;
- (G)Summation by opposition;
- (H)Summation by applicant.
- (2)In all cases (including cases remanded by the District Council), the order or presentation may be modified by the Planning Board or Zoning Hearing Examiner as the nature of the case warrants.
(d)
Participation of Planning Board or Zoning Hearing Examiner
The Planning Board or Zoning Hearing Examiner, as appropriate, shall rule upon procedural matters, questions of law, evidence, motions, or objections, and may limit debate. The Planning Board or Zoning Hearing Examiner, as appropriate, may ask questions of any witness.
(e)
Witnesses
- (1)All persons who appear to testify shall be sworn. Reasonable cross-examination of witnesses shall be permitted.
- (2)All subpoenas shall be served in the manner provided by the Maryland Rules of Civil Procedure for service in the Circuit Courts of this State. No person shall disobey or fail to answer the subpoena. A witness may be excused from attendance if he can show that his placement under subpoena was frivolous or oppressive.
(f)
Transcripts
A complete transcript containing all record testimony (including exhibits by reference) shall be prepared if an appeal or a request for oral argument is filed, or where the District Council elects to make the final decision.
(g)
Referral to Agencies
Cases may be referred to any department or official who has processed or commented on an application, for the purpose of clarifying, updating, or completing the record. Unless otherwise provided in the referral, the agency or department shall respond within 30 calendar days or it shall be presumed to have no comment on the application.
(h)
Correspondence and Communications
All correspondence received and copies of correspondence sent by departments or officials processing applications shall be included in the record. The substance of any relevant oral communications held by staff with a public agency processing applications, regarding the merits of a pending evidentiary case, shall be reduced to writing and included in the record of that case.
(i)
Persons of Record
The Planning Board or Zoning Hearing Examiner, as appropriate, shall prepare a list of persons of record, which shall be made a part of the record.
(j)
Zoning Map Amendment Testimony
During an evidentiary public hearing on a pending Zoning Map Amendment, the Zoning Hearing Examiner may take testimony for a less intense zone than what is requested by the applicant if:
- (1)The zone has been recommended by the Planning Board;
- (2)The Planning Board has not made a recommendation and the zone has been recommended by the Technical Staff; or
- (3)The application has been remanded pursuant to Section 27-3601(c)(8)(B).
(k)
Continued and Recessed Cases
- (1)The Planning Board or Zoning Hearing Examiner, as appropriate, may continue or recess a case.
- (2)A case may be continued for good cause after it has been advertised for hearing.
- (3)After a hearing has begun, a case may be recessed for the receipt of additional evidence and upon such conditions or limitations or subject to such additional requirements or hearings as due process may require.
- (4)If no new hearing date is set for a continued or recessed case at the time of continuance or recess, all parties of record shall be sent written notice of a new date at least twenty (20) days prior to the new hearing date.
- (5)The People's Zoning Counsel, in any matter described in 27-3309(b)(1), or any person of record may request the continuance of a hearing under this Subsection. For zoning map amendments and special exceptions only, the Zoning Hearing Examiner may continue a hearing if a required Technical Staff Report or Planning Board recommendation has not been filed within 30 days of the scheduled hearing. If a continuance is granted for this reason, the ZHE may not hear the case for at least 30 days after the Technical Staff Report is filed.
(l)
Case Taken Under Advisement
- (1)Once a case has been fully heard, the Planning Board or Zoning Hearing Examiner, as appropriate, may take it under advisement to render a decision. Thereafter, no new evidence may be entered into the record, except:
- (A)If good cause is shown why the evidence was not previously presented into the record; or
- (B)The evidence is presented pursuant to a remand of the District Council; and
- (C)All persons of record are afforded the opportunity to present evidence in rebuttal.
- (D)Notwithstanding the above subparagraphs (A) through (C), the Planning Board or Zoning Hearing Examiner, as may be appropriate, may deny admission of additional evidence upon a finding that its probative value is outweighed by any cumulative effect, undue prejudice, or delay in the proceedings.
(m)
Reconsideration of Zoning Hearing Examiner Decision
- (1)The Zoning Hearing Examiner’s decision may be reconsidered on request filed by either the applicant or other person of record within 30 days after the date of notice of the final decision. If the Zoning Hearing Examiner does not grant the request for reconsideration within 30 days following receipt of the request, the request is denied.
- (2)The Zoning Hearing Examiner may only reconsider the decision if it finds that an error in reaching the original decision was caused by fraud, surprise, mistake, or inadvertence.
- (3)The party filing the request for reconsideration of the Zoning Hearing Examiner's decisions shall, upon filing the request, send a copy to all other persons of record, the applicant (if the applicant is not a person of record), and all municipalities within one mile of the land subject to the application. If the Zoning Hearing Examiner determines there is grounds to reconsider their final decision, it shall schedule a hearing on the request.
- (4)After the close of the hearing record, the Zoning Hearing Examiner shall file a new decision or recommendation.
- (5)The Planning Board's Rules of Procedure shall govern reconsiderations of its final decisions, but no such final decision shall be eligible for reconsideration, by waiver of its rules or otherwise, more than one year following the date of the Planning Board's approval of the resolution memorializing such final decision.
(n)
Dismissal of Zoning Hearing Examiner Cases
- (1)Applicability
The Zoning Hearing Examiner shall dismiss any case that it has the power to hear that is withdrawn through inaction in accordance with Section 27-3405(b)(2), Withdrawal through Inaction, or has not reached public hearing by or within three years after the application was filed. The Zoning Hearing Examiner may (for good cause) grant extensions of that time period. More than one extension may be granted. Each extension may be for not more than six months.
- (2)Order of Dismissal
An order of dismissal shall be in writing unless the application is withdrawn through inaction. A copy of the order shall be sent to all persons of record.
- (A)Written Notice to Applicant
At least 30 days prior to dismissal, Zoning Hearing Examiner, shall send written notice of the proposed dismissal date to the applicant, the landowner, municipalities within one mile of the land subject to the application, and correspondent (at their addresses of record).
- (B)Appeals of Dismissal Notice
- (i)The order of dismissal terminates all proceedings in the case, unless appealed by the applicant or owner within 30 days after the date of dismissal. If the Zoning Hearing Examiner is charged with issuing a recommendation, the appeal shall be filed with the review board charged with rendering a final decision. If the Zoning Hearing Examiner is the final decision maker, the Zoning Hearing Examiner shall treat the appeal as an application to reconsider its decision to dismiss the application.
- (ii)Each appeal shall be in writing and shall state specifically why the case should not be dismissed. An appellant shall give notice of the appeal to all persons sent notice of the order.
- (iii)The District Council shall consider the appeal within 90 days of its filing. The District Council shall give at least ten days notice of the time and place of the meeting at which the appeal or reconsideration will be considered. The notice shall be sent to the appellant and all other persons who were given notice of the order of dismissal.
- (iv)The appellant shall have the opportunity to appear before the District Council to show why the case should not be dismissed.
- (v)The District Council shall either uphold the order of dismissal, or shall reverse the order and remand the case to the Zoning Hearing Examiner for further processing, or (if the application is treated as a reconsideration) shall hear the application.
27-3413. Evidentiary Hearing (BOA)
(a)
In General
Before making its decision on any appeal, or a request to grant additional time to cease a violation, the BOA shall hold an evidentiary hearing on the matter.
(b)
Filing Requirements
- (1)Appeals may be made by any person (known in this Part as the "appellant") who alleges that he is aggrieved by the refusal of a permit, by the issuance of a zoning violation notice, or other decision made in administering this Subtitle, except for a civil citation issued in accordance with Subtitle 28 of this Code. The appellant shall notify the BOA within five (5) business days after the refusal of the permit, issuance of the notice, or other decision. For purposes of this subsection, "issuance of a zoning violation" means the earlier of the date of posting, the date of personal service, or if mailed, the date that the notice was postmarked.
- (2)Appeals involving a variance shall be filed with the BOA only after the Department of Permitting, Inspections, and Enforcement refuses to issue a building or use and occupancy permit, or after it is alleged that the permit has been issued in error. The BOA may waive this requirement and allow the filing of the appeal prior to any action on the permit.
- (3)Appeals and requests to grant additional time to cease a violation shall be provided by the Appellant. All information required on the documents shall be furnished by the appellant. The documents shall be filed with the Board Administrator. The Board Administrator shall not accept any document or form which is incomplete.
- (4)Appeals and requests to grant additional time to cease a violation shall be numbered sequentially, docketed, and scheduled to be heard by the BOA. The schedule shall be posted conspicuously in public view at least five (5) days prior to the hearing date.
(c)
Fees
- (1)The appellant shall pay the Board Administrator all expenses of the appeal, including the cost estimated by the Board Administrator for sending notices and advertising. An application fee shall also be paid to the Board Administrator in accordance with Section 27-8300, Fees. A separate fee for the cost of public notice signs shall be paid to Prince George’s County, Maryland in accordance with Section 27-8300, Fees. The fees are nonrefundable unless (upon request of the appellant) the BOA finds that the fee was paid by mistake. All fees must be paid at the time of filing, except as provided.
- (2)In lieu of the fee the appellant may submit an affidavit claiming that payment of the fee would be an extreme financial hardship. The hardship may only be claimed by a natural person. The affidavit shall contain the information required by the County Director of Finance and any other pertinent facts which the appellant feels are necessary.
- (3)Upon filing the affidavit, the Board Administrator shall transmit it to the Director of Finance (or his designee) who shall (within ten (10) working days) determine whether payment of the fee is an extreme financial hardship on the appellant. Should the Director find that hardship does not exist, the appellant shall be required to pay the fees before the appeal may be heard by the BOA.
(d)
Notice of hearing
- (1)
- (2)In the case of a request to grant additional time to cease a violation, notice shall also be sent to the Zoning Enforcement Officer who shall also notify all persons who have made written or oral complaints concerning the violation.
- (3)When the property is located within the boundaries of an incorporated municipality, notice of the time and place of the hearing shall be sent to the municipality at least fifteen (15) days prior to the date of the hearing. The municipality may waive the fifteen (15) day period for either all appeals or any one appeal.
- (4)The BOA may send notice of the hearing to other interested persons, organizations, or agencies.
- (5)All notices shall contain:
- (A)The name of the appellant;
- (B)The date, time, and place of the hearing; and
- (C)A brief statement describing the specific nature of the appeal.
- (6)All variances must be posted. Other zoning appeals are posted only in Nonresidential base zones. Administrative appeals do not require posting. The appellant shall post the property with a durable sign at least fifteen (15) days prior to the scheduled hearing date. The sign shall be provided by the BOA and posted in accordance with this Section.
- (7)All signs posted shall be conspicuous and legible for at least fifteen (15) days prior to the hearing.
- (8)The appellant shall file an affidavit with the BOA stating that the required sign(s) was posted on the property in accordance with the procedures of this Subsection, and that the sign remained on the property for the fifteen (15) consecutive days preceding the hearing.
- (9)Notices of variance requests from Chesapeake Bay Critical Area Overlay Zone requirements concerning property within the Chesapeake Bay Critical Area Overlay Zones shall be heard and, as appropriate, approved by the Planning Board.
- (10)Notices of variance requests concerning requirements applicable to cluster developments, except home improvements as defined in Section 27-2500, Definitions, shall be sent to the Planning Director for review and comment within five (5) days of filing with the BOA.
(e)
Rules of procedure for hearings and other meetings
- (1)The BOA may adopt rules of procedure consistent with the provisions of this Subtitle.
- (2)The BOA shall keep minutes of its proceedings.
- (3)Hearings may be adjourned and continued. If the date, time, and place of the continued hearing is publicly announced at the time of the adjournment, no further notice of the continuation shall be required. If the date, time, and place is not publicly announced at the time of the adjournment, notice shall be given in the same manner as with the original hearing.
- (4)All actions of the BOA shall be taken by resolution, in which at least two (2) members must concur. Each resolution shall contain a statement of the grounds and findings forming the basis of the action. The text of the resolution and record of members' votes shall be incorporated into the minutes or other records of the Board.
(f)
Request for continuance
- (1)Variances
Request must be submitted in writing to the Board Administrator no later than 3:00 p.m. prior to the scheduled hearing. Appellant may incur re-advertisement fees if a new hearing date is not confirmed at the time of the request.
- (2)Appeals
Request must be submitted in writing to the Board Administrator no later than 3:00 p.m. prior to the scheduled hearing. After the Board Administrator confirms the continuance request with the appropriate County Agency, the Board Chair will then make the determination of the continuance request. Appellant may incur re-advertisement fees for a new hearing date if not confirmed at the time of the request.
27-3414. Oral Argument Hearing
(a)
Authorization
With the exception of zoning cases for which an alternative appeal process is otherwise specified, any person of record or the People’s Zoning Counsel may file with the District Council, within thirty (30) days after the Zoning Hearing Examiner files a notice of decision on a zoning case or the date the Planning Director mails notice of the Planning Board's decision on a detailed site plan application:
- (1)An appeal from the Zoning Hearing Examiner’s decision in a special exception case finally decided by the Zoning Hearing Examiner;
- (2)Exceptions to the Zoning Hearing Examiner’s decision in any other zoning case; or
- (3)A request for oral argument before the District Council on either the Zoning Hearing Examiner's or Planning Board's decision.
(b)
Form and Content of Request
- (1)Exceptions, appeals, and requests for oral argument shall be submitted (in writing) to the Clerk of the District Council. A copy shall be sent by the submitter to all persons of record (by regular mail), and a certificate of service shall accompany the submission to the Clerk.
- (2)Exceptions, appeals, and requests for oral argument shall be numbered in sequence and shall specify the error which is claimed to have been committed by the Examiner. Those portions of the record relied upon to support the claim shall be specified.
(c)
Council Action
- (1)The District Council shall consider the exception or appeal at the time it takes final action on the case.
- (2)The District Council may conduct oral argument in those zoning cases which the District Council elects to review and in those zoning cases in which an appeal or exception are not filed and the Council must make the final decision.
(d)
Opposition Persons of Record
When a request for oral argument is filed by a person of record, all other persons of record may also make oral argument or written submission in opposition. Copies of any written material to be submitted in support of this opposition position shall be filed with the Clerk of the Council (along with a certification of service upon the persons requesting oral argument) no later than five (5) days before the oral argument case.
(e)
Time Limitation for Speakers
Oral argument at the hearing shall be limited to thirty (30) minutes for each side, unless extended by the Chairman of the Council. Persons wishing to give oral argument shall advise the Clerk of the Council prior to the hearing. Prior to the hearing, the Chairman shall divide the time, as deemed appropriate, and advise the speakers accordingly.
(f)
New Evidence
Persons of record may not introduce evidence not already in the record. The Council may, however, either upon written request by a person of record or upon its own motion, remand a case to the Zoning Hearing Examiner for the purpose of reopening the record to receive and evaluate additional evidence (see Section 27-3409(d), Remand). In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.
(g)
Order of Presentation
- (1)The order of presentation before the Council (unless otherwise specified by the Chairman) shall be:
- (A)Orientation by the Technical Staff and the Principal Counsel to the District Council (or an authorized representative);
- (B)Oral argument against the decision of the Examiner;
- (C)Oral argument in favor of the decision of the Examiner;
- (D)Rebuttal by those against the decision;
- (E)Rebuttal by those in favor of the decision.
- (2)Oral argument shall be limited to persons of record, the People’s Zoning Counsel, and those individuals who testified before the Zoning Hearing Examiner.
(h)
District Council Hearing Procedures
- (1)Conduct of Meetings
- (A)Call to Order
- (i)The Chairman shall take the chair at the day and hour to which the District Council was adjourned at its last sitting. On the appearance of a quorum, the Chairman shall immediately call the members to order. In the absence of both the Chairman and Vice Chairman for ten (10) minutes after the time set for the meeting, and if a quorum is present, the District Council shall still convene. In this latter case the members shall designate a presiding officer.
- (ii)Not later than ten (10) minutes after the time set for the meeting, the roll shall be called, and members shall signify their attendance by responding. Following the roll call, the Chairman shall announce for the record (consistent with paragraph 27-3414(h)(1)(B)(ii), below) information he has received relating to the absence of any Council member from the session.
- (iii)In the absence of a quorum at ten (10) minutes after the time set for the meeting, the Clerk shall record the names of the members present. This record shall constitute the list of members present at the appointed time, and shall be in lieu of the roll call prescribed in paragraph (ii), above.
- (iv)When a meeting of the District Council has been preceded by a meeting of the County Council on the same day, paragraphs (ii) and (iii), above, shall not apply.
- (B)Minutes
- (i)When paragraphs (A)(ii) and (A)(iii), above, applies, the Clerk shall enter into the minutes the record of attendance and the arrival time at the meeting of a member previously marked absent.
- (ii)The minutes may contain an explanation of a member’s absence only in the case of illness, personal emergency, or other County governmental business.
- (C)Record of Vote
- (i)The vote, abstention, or absence of each Council member shall be recorded on every issue where a vote is taken.
- (ii)Members must be physically present at the District Council meeting at the time the vote is taken in order to vote.
- (iii)The Chairman shall promptly announce the results of every vote.
- (D)Voting and Attendance Records
- (i)The Clerk shall maintain a voting and attendance log for each Council member on a form identified as “Voting and Attendance Record.” The following votes shall be by roll call, and shall be reflected in the log:
- (aa)Final action on zoning cases to be decided by the Council;
- (bb)Remand of any zoning cases to the Zoning Hearing Examiner or Planning Board;
- (cc)Any motion for reconsideration;
- (dd)Any District Council instructions for the preparation of findings of fact and conclusions, or other relative documents, necessary for use by the Council in taking action.
- (2)Quorum
The presence of a majority of the Council (excluding vacancies) shall constitute a quorum to act on zoning case; however, two-thirds (2/3) of the full Council shall constitute a quorum to act on a final decision on any zoning case requiring a favorable vote of two-thirds (2/3) of the full Council.
- (3)Voting Requirements
The voting requirements for action by the Council shall be as follows:
- (A)A majority vote of those members present and voting shall be necessary to remand any zoning map amendment or special exception application to the office of the Zoning Hearing Examiner or to the Planning Board (see Section 27-3409(d), Remand).
- (B)A majority vote of the full Council shall be necessary to take final action on any zoning case or any other zoning matter, except where an affirmative vote of two-thirds (2/3) of the full District Council is required.
- (C)The Council may only approve a zoning map amendment which conflicts with the land use proposals or requirements of either the map or the text of an approved Area Master Plan or Sector Plan upon the affirmative vote of two-thirds (2/3) of the full Council.
- (D)The Council may only approve a zoning map amendment or special exception application contrary to the recommendation of a municipality containing the subject land within its boundaries upon the affirmative vote of two-thirds (2/3) of the members of the full Council.
- (4)Time Limits on Final Action
- (A)A motion for final action in any zoning matter before the District Council which fails to obtain the required majority shall be set aside, and it or any other motion for final action may be subsequently considered within the following time periods:
- (i)In a zoning case not finally decided by the Zoning Hearing Examiner, the Council shall make its decision finally disposing of the application within one hundred twenty (120) days after the Zoning Hearing Examiner files his/her decision with the Clerk of the Council, or within one hundred fifty (150) days if oral argument is requested.
- (ii)In any other zoning matter (except legislative amendments), the District Council shall make its decision finally disposing of the application within sixty (60) days after it first considers the matter, unless otherwise provided.
- (iii)The District Council may take final action in any zoning case immediately after the Zoning Hearing Examiner’s decision has been filed, if all persons of record and the People’s Zoning Counsel waive (in writing) their rights to file exceptions and request oral argument as provided for in Sections 27-3414(a)(2) or 27-3414(a)(3)).
- (B)If the District Council fails to render a final decision in accordance with the time limit and voting requirements of this Section, the application shall be considered to have been denied, unless otherwise specified in this Subtitle. This shall not be applicable to the adoption of legislative amendments.
- (5)Subpoena Powers
The District Council shall have the power to issue subpoenas for witnesses and documents in all zoning cases. The subpoenas shall be served in the manner provided by the Maryland Rules of Civil Procedure for service in the Circuit Courts of this State. No person shall disobey or fail to answer the subpoena. A witness may be excused from attendance if he can show that his placement under subpoena was frivolous or oppressive.
- (6)Jurisdiction
- (A)Except in certain zoning applications, the District Council shall exercise original jurisdiction when deciding an appeal to the District Council, or when the Council elects to review a disposition recommendation of the Zoning Hearing Examiner, or a decision of the Planning Board.
- (B)For any appeal or review of a decision made by the Zoning Hearing Examiner or the Planning Board, the Council may, based on the record, approve, approve with conditions, remand, or deny the application.
27-3415. Conditions of Approval
(a)
Generally
If explicitly permitted for the particular type of application (see Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards), approval of an application may be subject to conditions of approval.
(b)
Limitations on Conditions
Any conditions of approval shall be expressly set forth in the approval, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this Ordinance, and shall relate in both type and scope to the anticipated impacts of the proposed development. When a special exception is approved, any requirements for conditions deemed necessary to protect adjacent properties and the general neighborhood may be added.
(c)
Requirements
- (1)Conditions become a permanent part of the development approval or permit, and are binding as long as the zone remains in effect (in the case of zoning map amendments (ZMA)) or the development approval or permit remains valid.
- (2)A condition of approval imposed is mandatory. Failure to comply with any condition of approval constitutes a violation of this Ordinance, and is grounds for the County to:
- (A)Annul the development approval or permit, including any zoning map amendment (ZMA);
- (B)Revoke a permit;
- (C)Institute appropriate civil or criminal proceedings in accordance with PART 27-8: Enforcement; or
- (D)Institute any other action necessary to obtain compliance.
27-3416. Notification
(a)
Within 30 days after a final decision on the following development applications, the Planning Director, DPIE Director, or Clerk of the Council shall notify the applicant and any persons of record of the decision, in writing, by first-class mail, postage prepaid. The date of the notice shall be stated in the mailing. A copy of the decision shall be made available to the public on the Planning Department’s, DPIE’s, or District Council website and in the Planning Department, DPIE, or District Council offices during normal business hours, as appropriate:
- (1)Minor amendments to detailed site plans (Section 27-3605(d)(11)(B))
- (2)
- (3)Temporary use permit (Section 27-3607);
- (4)Use and occupancy permit (Section 27-3608);
- (5)Zoning certification (Section 27-3609);
- (6)Interpretation (Section 27-3612);
- (7)Validation of permit issued in error (Section 27-3615);
- (8)Authorization of permit within proposed right-of-way (ROW) (Section 27-3617); and
- (9)Certification of nonconforming use (Section 27-3618).
(b)
Unless otherwise noted in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, within thirty (30) days after a final decision on the following, when the Planning Director has responsibility to provide notification, the Planning Director shall notify the applicant and all persons of record of the decision, in writing, by first-class mail, postage prepaid. The date of the notice shall be stated in the mailing. The Planning Director shall make a copy of the decision available to all persons of record, municipalities within one mile of the land subject to the application, and all owners of land adjacent to, across the street from, on the same block as, and within 500 feet of the land subject to the application, and make a copy of the decision available to the public on the Planning Department’s website and in the Planning Department office during normal business hours. Where the Clerk of the Council has responsibility to provide notification of final decisions on the following, the Clerk shall notify all persons of record of the decision, in writing, by first-class mail, postage prepaid and make a copy of the decision available to all persons of record:
- (1)Comprehensive plans and amendments (Section 27-3502);
- (2)Sectional map amendments (Section 27-3503);
- (3)Zoning map amendment (ZMA) (Section 27-3601);
- (4)Planned development (PD) Zoning Map amendment (Section 27-3602);
- (5)Chesapeake Bay Critical Area Overlay zoning map amendment (CBCAO) (Section 27-3603);
- (6)Detailed site plan (Section 27-3605(d));
- (7)
- (8)
- (9)Major departure (Section 27-3614(e));
- (10)Special exception (Section 27-3604); and
- (11)Minor change to approved special exception (Section 27-3604(i)).
(c)
Within 30 days after a final decision on the following development applications, the Board of Appeals (BOA) shall notify the applicant and all persons of record of the decision, in writing, by first-class mail, postage paid. The date of the notice shall be stated in the mailing. The Planning Director or Clerk of the Council shall make a copy of the decision available to the public on the Board of Appeals’ website and in the office during normal business hours:
(d)
After the conclusion of any hearing held by the Zoning Hearing Examiner, the Zoning Hearing Examiner shall prepare and mail or provide electronically all persons of record a written decision containing specific findings of basic facts, conclusions of law, and either a recommended disposition of the case or a final decision. This decision shall be filed with the District Council at this same time.
(e)
Within seven (7) days after a final decision on an expedited transit-oriented development application, the Planning Board shall send written notice of the Planning Board's decision, including a copy of the decision, to the Clerk of the Council, all persons of record, and the applicant.
27-3417. Appeal
Any appeal of a decision on an application shall be in accordance with Section 27-3600, Application-Specific Review Procedures and Decision Standards.
27-3418. Post-Decision Actions
(a)
Effect of Approval
- (1)Approval of a development application in accordance with this Part authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application and approval.
- (2)Approval of a development application in accordance with this Part invalidates any previously-approved development application of the same type for the same property that would otherwise allow a development alternative for the same property.
- (3)In the event that one development approval or permit is a prerequisite to another development approval or permit (e.g., variance approval prior to a detailed site plan approval), development may not take place until all required approvals or permits are obtained. Approval of one development application does not necessarily guarantee approval of any subsequent development application.
(b)
Amendment
Unless specified in the procedure for the particular type of development application in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, an amendment of a development approval or permit may only be reviewed in accordance with the procedures and standards established for its original approval.
(c)
Lapse of Approval
- (1)Generally
Development approvals and permits expire as provided in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, for each type of development approval or permit. If no expiration period is provided for the specific type of development approval or permit, and if no expiration period is imposed as part of the approval by the decision-making body or official, the development approval or permit expires if a use and occupancy permit authorizing the approved development is not obtained within two years after the effective date of approval.
- (2)Change in Ownership Does Not Affect Rights
A change in ownership of the land that is the subject of a development approval or permit does not affect the established expiration time period for the development approval or permit.
- (3)Extension
Unless stated to the contrary in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, a one-year extension of the expiration time period for a specific development approval or permit may be granted by the decision-making body or person that granted the development approval or permit upon the applicant’s submission of a written request for extension to the decision-making body before the expiration date, and a showing of good cause.
(d)
Resubmitting Application
- (1)Generally
- (A)Unless otherwise stated for a specific application type in Section 27-3500, Legislative Amendments, Area Master Plans, and Sectional Map Amendment Review Procedures and Decision Standards, and Section 27-3600, Application-Specific Review Procedures and Decision Standards, no new application for the same development for which an application was denied under this Ordinance may be filed on the same land until two years have elapsed after final action (including appellate review).
- (B)The owner of land that is the subject of a development application that was denied, or the owner’s authorized agent, may submit a written request for waiver of the time limit established in Subsection 27-3418(d)(1)(A) above, along with a fee to defray the cost of processing the request, to the Planning Director, who shall transmit the request to the decision-making body. The decision-making body may grant a waiver of the time limit only on a finding by at least two-thirds of its membership of one or more of the following:
- (i)There is a substantial change in circumstances relevant to the issues or facts considered during review of the application that might reasonably affect the application of the relevant review standards to the development proposed in the application;
- (ii)New or additional information is available that was not available at the time of review that might reasonably affect the application of the relevant review standards to the development proposed in the application;
- (iii)The new application proposed to be submitted is not substantially the same as the prior application; or
- (iv)The final decision on the application was based on a material mistake of fact.
27-3419. Examination and Copying of Application/Other Documents
(a)
Each development application (including all materials filed with the application) accepted as complete or processed in accordance with Section 27-3404(b)(2), and any Technical Staff Report prepared in accordance with Section 27-3406(c)(1), Technical Staff Report, shall be published on the Planning Board website.
(b)
At any time, upon reasonable request and during normal business hours, any person may examine a development application, a Technical Staff Report, and materials submitted for an application in the Planning Director’s, DPIE Director's, BOA’s, or Clerk of the Council’s office, as appropriate. Any individual who personally appears at the office of the custodian of the materials may receive copies at a reasonable cost where permitted; copies pertaining to Zoning Map Amendment applications are free of charge. Copies of such materials shall be made available at a reasonable cost if requested to be mailed.
27-3501. Legislative Amendment
(a)
General
This Section establishes a uniform mechanism to amend the text of this Ordinance.
- (b)Applicability
A legislative amendment shall be initiated to change the text of this Ordinance. All legislative amendments shall be introduced as bills. All zoning bills shall be identified as such in the heading of the bill. The enacting clause shall identify the District Council as the "County Council of Prince George's County, Maryland, sitting as the District Council."
- (c)Legislative Amendment Procedure
This Subsection identifies additions or modifications to the standard review procedures in Sec. 27-3400, Standard Review Procedures, that apply to a text amendment.
- (1)Initiation of a Legislative Amendment
A legislative amendment shall only be initiated by:
- (A)A member of the District Council, or
- (B)The Chair of the Council, at the request of the Planning Board.
- (2)Preparation
- (A)Unless otherwise directed by the Council, within twenty-one (21) calendar days, the Council’s Legislative Counsel shall prepare the proposed amendment in consultation with the Planning Director, and shall provide the resultant draft legislative amendment to the clerk of the council for transmittal to the planning director.
- (B)Within fourteen (14) calendar days of transmittal by the Clerk, the Planning Director shall issue a Technical Staff Report. The Technical Staff Report shall include, but is not limited to whether, analysis of the extent to which the proposed amendment:
- (i)Is consistent with the goals, policies and strategies of Plan Prince George’s 2035 (or any successor General Plan), area master plans, sector plans, functional master plans, and any other applicable approved plans;
- (ii)Addresses a demonstrated community need;
- (iii)Is consistent with the purpose and intent of the zones in this Ordinance, or would improve compatibility among uses and ensure efficient development within the County;
- (iv)is consistent with the implementation of the strategies and priority recommendations of the Prince George’s County Climate Action Plan;
- (v)Is consistent with other related State and local laws and regulations; and
- (vi)Would avoid creating significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment.
- (C)In addition, the Technical Staff Report shall contain an independent, non-substantive assessment of the technical drafting conventions of the proposed legislative amendment, in order to ensure consistency with the legislative style and conventions of the current Zoning Ordinance.
- (D)Within thirty (30) days of the date of the transmittal by the Clerk, excluding days when the Planning Board is in recess, the Planning Board shall hold a public hearing and make comments on the proposed legislative amendment. At the hearing, the Planning Board shall, following its Rules of Procedure, consider the proposed legislative amendment, the Technical Staff Report, and any public comments (as appropriate), and make a recommendation, on the proposed amendment in accordance with subsection (d), Legislative Amendment Decision Standards. The proposed legislative amendment and Planning Board recommendation shall be immediately transmitted to the Clerk of the Council for inclusion on a County Council agenda.
- (3)
Public Notice and Hearing
Required (See Sec. 27-3407(b)(8), Scheduling Hearings and Public Notice.) In addition, any legislative amendment that proposes to change the text of Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans, of this Ordinance, shall also require the District Council to publish notice of the time and place of the public hearing in at least one newspaper of general circulation in the County at least thirty (30) days before the hearing pursuant to §21-216 of the Land Use Article of the Maryland Code.
- (4)Review and Decision by Decision-Making Body or Official
Required (See Sec. 27-3409, Review and Decision by Decision-Making Body or Official)
- (A)The proposed legislative amendment shall be presented as a Council Bill subject to following the Rules of Procedure for the Prince George's County Council.
- (B)After the public hearing, the District Council may, by majority vote of the full Council, make a decision on the proposed legislative amendment. In the case of any substantive amendments to the proposed legislative amendment, such changes shall be transmitted to the Planning Board for review and comment prior to the Council’s decision whether to enact the legislative amendment.
- (C)The Clerk of the County Council shall transmit a copy of the adopted legislative amendment to the Planning Board.
- (d)Legislative Amendment Decision Standards
The advisability of amending the text of this Ordinance is a matter committed to the legislative discretion of the County Council sitting as the District Council and is not controlled by any one factor. Within each zone listed in the Classes of Zones (Section 27-4102), the district council may regulate the construction, alteration, and uses of buildings and structures and the uses of land, including surface, subsurface, and air rights. The provisions for each zone shall be uniform for each class or kind of development throughout the zone, and no legislative amendment may create different standards for a subset of properties within a zone, unless such standards are necessary to implement development policies within the applicable Area Master Plan, Sector Plan, development policies of the General Plan, or other approved development district; however, any differentiation of a subset of properties within a zone shall be reasonable and based upon the public policy to be served.
27-3502. General Plan, Functional Master Plans, Area Master Plans, and Sector Plans
(a)
General
This Section establishes a uniform mechanism to adopt and amend the General Plan, Area Master Plans, Sector Plans, and Functional Master Plans.
(b)
Applicability
These plans shall be adopted or amended in accordance with the procedures and standards of this Section. A sectional map amendment may be prepared for concurrent review and approval with the adoption of an Area Master Plan or Sector Plan including major or minor amendments to an Area Master Plan or Sector Plan (see also Section 27-3503, Sectional Map Amendment (SMA)).
(c)
Procedure
Initiation
- (1)A General Plan, Area Master Plan, Sector Plan, or Functional Master Plan, or a major amendment to an Area Master Plan, Sector Plan, or Functional Master Plan, shall only be initiated by:
- (A)The District Council, by directing the Planning Board to initiate the process to adopt or amend a comprehensive plan, by resolution; or
- (B)The Planning Board, with the written authorization of the District Council, by resolution.
- (2)The District Council Resolution initiating a General Plan, Area Master Plan, Sector Plan, or Functional Master Plan, or a major amendment to an Area Master Plan, Sector Plan, or Functional Master Plan, shall include approved goals, concepts, and guidelines; a public participation program to encourage public participation; and the timeframes for preparation and approval of the plan. Such timeframes may be revised prior to permission to print and release the staff draft plan for public review by the District Council by resolution.
- (A)The Resolution shall designate the area involved. Sectional Map Amendments, if included, shall consist of the same area as that of the associated Area Master Plan or Sector Plan or the area of the existing plan covered by a proposed major amendment.
- (B)The Resolution and any descriptive data shall be available for public inspection at the office of the Planning Board.
- (C)The Resolution shall be advertised in the County newspaper of record for at least two (2) successive weeks after its adoption.
- (3)In the case of a major amendment to an Area Master Plan, Sector Plan, or Functional Master Plan, the Council's authorization or Resolution shall specify the area of the existing plan to be covered by the major amendment.
(d)
Preparation
- (1)In preparing the General Plan, Area Master Plan, Sector Plan, or Functional Master Plan, or a major amendment to an Area Master Plan, Sector Plan, or Functional Master Plan, (hereinafter staff draft plan), and potential concurrent sectional map amendment (with either an Area Master Plan, Sector Plan , or proposed major amendment to such a plan only), if appropriate, the Planning Director shall coordinate efforts with appropriate Federal, State, and County agencies.
- (2)After completion of the staff draft plan, the Planning Director shall forward the plan, and proposed sectional map amendment, if included, to the Planning Board for its review. The plan, and proposed sectional map amendment, if included, shall be made available for public review and copying in the office of the Planning Director, and placed on the M-NCPPC website.
- (3)A copy of the staff draft plan, and proposed sectional map amendment, if included, shall be transmitted to the County Executive and each municipality whose territorial boundaries are within or are located within one mile of that area. The County Executive and the municipalities shall be advised to refer their comments on the staff draft plan, and proposed sectional map amendment, if included, to the Planning Board at the scheduled public hearing(s). Each municipality shall have 60 days to provide its recommendation on any proposed rezoning recommended in the proposed sectional map amendment, if included, for property within its corporate boundary. The failure of the County Executive to submit comments or a recommendation prior to the close of the public hearing record shall be presumed to indicate no objection.
- (4)The Planning Board shall grant permission to print the staff draft plan not more than eighteen (18) months after the District Council directs its preparation.
- (5)If additional time is needed to prepare the staff draft plan and/or proposed sectional map amendment beyond the eighteen (18) months preparation time specified herein, the Planning Board shall notify the District Council. If the District Council concurs, they shall grant an appropriate amount of time to perform the additional analysis, in accordance with Section 27-3502(c)(2).
(e)
Scheduling Public Hearing and Public Notice
Required (see Section 27-3407, Scheduling of Hearings and Public Notice).
- (1)The District Council and the Planning Board shall conduct at least one joint public hearing on the published staff draft plan and, if included, the proposed sectional map amendment in accordance with Section 27-3407, Scheduling of Hearings and Public Notice and after a minimum of 30 days notice by publication in a newspaper of general circulation in the County and on the County’s website.
- (2)The Planning Board shall provide notice of the hearing(s) on the published staff draft plan, and proposed sectional map amendment, if included, in accordance with Section 27-3407, Scheduling of Hearings and Public Notice, except:
- (A)The published notice shall also state:
- (i)The subject matter of the hearing;
- (ii)The procedures to be followed during the hearing;
- (iii)The Affidavit and Ex Parte Disclosure requirements, and location of compliance forms, required by State law and the County Code; and
- (iv)The period of time during which the hearing record will remain open following the joint public hearing shall not be less than 15 days nor greater than 30 days.
- (B)The mailed notice shall also include:
- (i)An invitation to comment on the plan; and
- (ii)A statement advising that either concurrently or after approval of an Area Master Plan or Sector Plan by the District Council, a sectional map amendment for the area could result in a rezoning of land which could affect property values and property taxes.
- (C)The mailed notice shall be for informational purposes only, and failure of the Planning Board to send, or the landowner to receive, the notice shall not invalidate the adoption or approval of the staff draft plan, or sectional map amendment, if included.
(f)
Review and Recommendation by Planning Board
- (1)The Planning Board shall hold public hearing(s) on the staff draft plan, and proposed sectional map amendment, if included. At least one public hearing shall be a joint hearing with the District Council on the staff draft plan and proposed sectional map amendment, if included, as required by Section 27-3502(e)(1), above.
- (2)The testimony received at the public hearing(s) shall be made a part of the record. Exhibits introduced at any time prior to the close of the record shall be identified sequentially and maintained as part of the record. The hearing record shall remain open for at least fifteen (15) days but not more than thirty (30) days following the hearing.
- (3)The Planning Board may permit the inclusion of additional evidence in the record more than 30 days following the hearing, upon motion and majority vote of the members present at any meeting or work session on the plan and/or proposed sectional map amendment, under the following conditions:
- (A)New evidence permitted to be presented orally or in writing at the initial meeting or work session shall not be considered as a part of the record unless summarized in writing by the speaker and submitted for the record on that date. Should such new evidence be presented, the Planning Board may schedule a final meeting or work session no sooner than two weeks later to review staff analysis of new evidence, decide if such evidence shall be admitted to the record, and vote on the potential inclusion of the evidence and staff’s analysis; and
- (B)Should the Planning Board schedule a final meeting or work session on new evidence, public testimony shall be limited to the topics contained in the evidence.
- (4)Within ninety (90) days of the close of the public record for the Joint Public Hearing, the Planning Board may either adopt the staff draft plan or adopt the staff draft plan with amendments, remand the staff draft plan back to the Planning Director for further evaluation, or disapprove the staff draft plan. If a proposed sectional map amendment is also being considered, the Planning Board shall make a recommendation on the proposed sectional map amendment in accordance with Section 27-3503(b)(4), Review and Recommendation by Planning Board. The Planning Board’s adoption of the staff draft plan and recommendation on the proposed sectional map amendment shall be by resolution.
- (5)Before the adoption of the staff draft plan, the Planning Board shall also submit its proposals for public facilities included in the plan to the District Council, the County Executive, and each municipality whose territorial boundaries are within or abut the area affected by the plan for review and comment.
- (A)The purpose of this public facilities referral is to identify inconsistences between the staff draft plan and any existing or proposed State or County facilities.
- (B)Such proposals for public facilities shall include, but not be limited to, roads, highways, parks and recreation facilities, or other public facilities.
- (C)The County Executive and District Council shall have sixty (60) days from the date of the referral to review the public facilities proposals, provide written comments, and identify any inconsistencies between the public facilities proposed in the staff draft plan and any existing or proposed State or County facilities.
- (D)In the event that any inconsistencies are revealed, the District Council shall direct the Planning Board on how the inconsistencies shall be eliminated or accommodated within the staff draft plan prior to adoption by the Planning Board.
- (6)The Planning Board shall transmit:
- (A)The adopted plan and, if applicable, the endorsed sectional map amendment, to the District Council within thirty (30) days of adoption; and
- (B)A copy of the resolution and the adopted plan and endorsed sectional map amendment, if included, to the County Executive and to each municipality whose territorial boundaries are within or that is within one mile of that area.
- (7)Upon transmittal to the District Council of an adopted plan which includes a proposal to change zones, the Planning Board shall postpone accepting or processing any rezoning applications within the subject plan area until after final action by the District Council on the adopted plan.
- (8)Upon transmittal to the District Council of an endorsed sectional map amendment prepared concurrent to an Area Master Plan or Sector Plan or the area of the existing plan covered by a proposed major amendment, the acceptance and processing of zoning map amendments and certain permit applications shall be postponed pursuant to Section 27-3503(b)(4)(D).
(g)
Review and Decision by District Council
- (1)Within sixty (60) days following receipt of the adopted plan and endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if appropriate, the District Council shall decide whether to conduct an additional joint public hearing with the Planning Board on the adopted plan and, if included, the endorsed sectional map amendment. Notice of this hearing shall be given by the Clerk of the Council in the County newspapers of record at least fifteen (15) days prior to the scheduled hearing and on the County’s website. Additionally, mailed notice shall be provided to all owners of land for which a change in zoning is proposed, each municipality whose territorial boundaries are within or are located within one mile of that area, and the County Executive.
- (2)If the District Council considers amendments to the adopted plan and/or the endorsed sectional map amendment that are not based on the record before the Planning Board, then at least one additional joint public hearing shall be held with the Planning Board on the amendments, and endorsed sectional map amendment, if included. Amendments based on the record before the Planning Board or proposed only to retain the existing zone classification on land included in an endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only) may be approved by the Council without holding an additional joint public hearing.
- (3)If an additional joint public hearing is held pursuant to Section 27-3502(g)(2), notice of the hearing:
- (A)Shall be given by the Clerk of the Council in the County newspapers of record at least fifteen (15) calendar days prior to the scheduled hearing, except that the published notice shall also state that all property owners within the plan boundaries, each municipality whose territorial boundaries are within or are located within one mile of that area, and the County Executive are invited to submit comments on any amendments to the adopted plan. Failure of the County Executive to present comments or recommendations prior to the close of the public hearing record shall be presumed to indicate no objections to the amendments; and
- (B)Mailed notice shall be provided to all owners of land for which an amendment to the endorsed sectional map amendment is proposed and each municipality whose territorial boundaries are within or are located within one mile of the plan boundaries.
- (4)All amendments proposed by the Council for which an additional join public hearing is required shall be referred to the Planning Board for its written comments, which shall be submitted to the Council following the joint public hearing on the amendments, but prior to its action on the amendments.
- (5)The testimony received at the additional joint public hearing(s) shall be made a part of the record. Exhibits introduced at any time prior to the close of the record shall be identified sequentially and maintained as part of the record. The period of time during which the hearing record will remain open following the joint public hearing shall not be less than fifteen (15) days nor more than thirty (30) days.
- (6)The District Council may also permit the inclusion of additional evidence in the record, upon motion and majority vote of the members present at any meeting or work session on the plan. New evidence permitted to be presented orally at any meeting or work session should be summarized in writing by the speaker and submitted for the record within the period of time specified by the Council.
- (7)Within ninety (90) days following the final joint public hearing on proposed amendments, or within sixty (60) days of receipt of the adopted plan, and, if included, endorsed sectional map amendment should no joint public hearing be required, the District Council, in accordance with Section 27-3502(g)(11), and, if a sectional map amendment is included, Section 27-3503(b)(5), Sectional Map Amendment Decision Standards, shall:
- (A)Approve the adopted plan, and the endorsed sectional map amendment, if included, as submitted by the Planning Board;
- (B)Approve the adopted plan with changes, revisions or amendments based upon the record, and the endorsed sectional map amendment (with either an Area Master Plan or Sector Plan), if included, with changes, revisions or amendments (this shall not require re-adoption by the Planning Board);
- (C)Remand the adopted plan and the endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if included, back to the Planning Board, with specific direction for issues they should consider; or
- (D)Disapprove the adopted plan, and the endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if included.
- (8)Approval of the adopted plan, and endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if included, shall be by a majority of the full District Council, and shall be by resolution.
- (9)If a concurrent sectional map amendment is included, a two-thirds majority vote of the full Council shall be required to approve any portion of the sectional map amendment that is contrary to the recommendation of a municipality concerning land within its boundaries. If the Council fails to obtain this two-thirds majority vote, the land may be rezoned to any alternate zone classification recommended by the municipality (in writing), provided that:
- (A)The zone classification is consistent with the adopted and approved Area Master Plan or Sector Plan or amendments thereto; or
- (B)The zone classification is the same as the one existing on the land prior to the endorsed sectional map amendment.
- (10)Failure of the District Council to take action on the adopted plan, and endorsed sectional map amendment (with either an Area Master Plan or Sector Plan only), if included, within ninety (90) days following the final joint public hearing on amendments, or within sixty (60) days of receipt of the adopted plan, and, if included, endorsed sectional map amendment should no joint public hearing be required, constitutes denial of the adopted plan, and endorsed sectional map amendment, if included.
- (11)A General Plan; or an Area Master Plan, Sector Plan, Functional Master Plan or major amendment thereto; should conform to the principles of orderly, comprehensive land use planning and staged development. The advisability of approving a General Plan; or an Area Master Plan, Sector Plan, Functional Master Plan, or major amendment thereto; is a matter committed to the legislative discretion of the District Council and is not controlled by any one factor. Prior to the approval of a General Plan; or an Area Master Plan, Sector Plan, Functional Master Plan, or major amendment thereto; the District Council shall consider all factors relevant to protecting the health, safety, and welfare of the citizens of the County.
(h)
Post-Decision Actions
- (1)Final Adoption
After approval of a General Plan; or an Area Master Plan, Sector Plan, Functional Master Plan, or major amendment thereto; by the District Council, the full Commission of the M-NCPPC shall take action to adopt the plan, and if a concurrent sectional map amendment is included, certify the zoning map.
- (2)Publication and Filing
After the Commission’s final adoption and approval of the approved plan, the Commission shall publish the approved plan and make it available to the public. In addition, an attested copy of every approved plan or sectional map amendment, if adopted, shall be certified by the Commission and filed with the Clerk of the Circuit Court for Prince George's County.
- (3)Amendments
An amendment of a comprehensive plan that exceeds the parameters of Subsection 27-3502(i), below, may only be reviewed in accordance with the procedures and standards established for its original approval.
- (4)Evaluate Whether to Amend Area Master Plans or Sector Plans
At least every six (6) years, the District Council shall evaluate, in accordance with State law, whether approved Area Master Plans or Sector Plans should or should not be amended, and provide the reasons for the decision in writing.
- (5)Review and Evaluate General Plan
The General Plan shall be reviewed and evaluated within two (2) years of the completion of each decennial census.
(i)
Minor Plan Amendment and Sectional Map Amendments
- (1)Minor amendments of an Area Master Plan or Sector Plan, or Functional Master Plan, and sectional map amendments prepared concurrent with minor plan amendments (of an Area Master Plan or Sector Plan only) may be initiated by the District Council upon adoption of a written resolution, or by the Planning Board with District Council approval by written resolution. At the time of initiation of a minor plan amendment process, a joint public hearing date shall be scheduled to occur within sixty (60) days.
- (A)For a minor plan amendment without a sectional map amendment, notification for this joint public hearing shall be in accordance with the requirements in Section 27-3407, Scheduling of Hearings and Public Notice, for minor plan amendments.
- (B)For a minor plan amendment including the preparation of a sectional map amendment, notification for the joint public hearing shall also be in accordance with the requirements in Section 27-3407, Scheduling of Hearings and Public Notice, for sectional map amendments.
- (2)A minor plan amendment may be utilized to advance defined public objectives, and shall be limited to:
- (A)A geographic area which is not more than fifty (50) percent of the applicable plan area, and not limited to a single parcel of land or landowner; and
- (B)Specific issues regarding public planning objectives; or
- (C)An action to correct errors in the text or maps in the applicable plan.
- (3)In no instance, however, shall a minor amendment process be used to:
- (A)Rezone any land, unless a sectional map amendment is prepared and approved with the minor plan amendment;
- (B)Change a General Plan center designation;
- (C)Make any amendment that would require major transportation or public facilities analysis or revised water and sewer classification; or
- (D)Amend the County’s growth boundary.
- (4)The Resolution initiating a minor amendment shall set forth the objectives required in paragraph 27-3502(i)(3) above, and specify the purpose and scope of the proposed minor plan amendment, and identify the date of the joint public hearing on the amendment.
- (5)Following the joint public hearing, the Board shall take action on the proposed minor plan amendment to adopt, adopt with amendments, remand, or disapprove the minor plan amendment. If a sectional map amendment is also being considered concurrently with the minor plan amendment, the Planning Board shall make a recommendation on the sectional map amendment in accordance with Section 27-3503(b)(4), Review and Recommendation by Planning Board. The Planning Board’s adoption of the minor plan amendment and, if included, recommendation on the sectional map amendment shall be by resolution.
- (6)The Planning Board shall transmit the adopted minor plan amendment, and, if included, endorsed sectional map amendment, and a Technical Staff Report analyzing the minor plan amendment, and if included, endorsed sectional map amendment, within one hundred twenty (120) days of the date of the close of the public record for the joint public hearing.
- (A)Upon transmittal of an endorsed sectional map amendment, the acceptance and processing of zoning map amendments and certain permit applications shall be postponed pursuant to Section 27-3503(b)(4)(F).
- (7)The District Council shall, within ninety (90) days of the Planning Board’s transmittal, at a public meeting, approve, approve with revisions based solely on testimony received at the joint public hearing, or disapprove the minor plan amendment, and, if included, the endorsed sectional map amendment, and adopt a resolution on the minor plan amendment. A separate District Council vote and resolution shall be required for District Council action on an endorsed sectional map amendment, if included.
- (8)The advisability of approving a minor plan amendment, and, if included, the endorsed sectional map amendment, is a matter committed to the legislative discretion of the District Council and is not controlled by any one factor. Prior to the approval of a minor plan amendment, and, if included, the endorsed sectional map amendment, the District Council shall consider all factors relevant to protecting the health, safety, and welfare of the citizens of the County.
- (9)Failure of the District Council to approve or disapprove the minor plan amendment, and, if included, the endorsed sectional map amendment within ninety (90) days of receipt of the Planning Board’s recommendation shall constitute disapproval of the minor plan amendment and/or the endorsed sectional map amendment.
- (10)After approval of a minor amendment by the District Council, the Planning Board shall publish the revisions to the plan made in the minor amendment, along with the minor amendment, and make it available to the public. In addition, an attested copy of the minor amendment shall be adopted and, if included, the zoning map for the sectional map amendment shall be certified by the Commission and filed with the Clerk of the Circuit Court for Prince George's County.
(j)
Relationship Between the General Plan, Functional Master Plans, Area Master Plans, and Sector Plans
- (1)When General Plan amendments and Functional Master Plans (and amendments thereof) are approved after the adoption and approval of Area Master Plans or Sector Plans, they shall amend the Area Master Plans or Sector Plans only to the extent specified in the approved amendment and/or in the resolution of approval.
- (2)When Area Master Plans or Sector Plans, or amendments thereof, are approved after the adoption and approval of the General Plan and/or any Functional Master Plan(s), they shall amend the General Plan and/or Functional Master Plan(s) as specified in the approved Area Master Plan or Sector Plan, or amendment thereof, and/or the resolution of approval.
- (3)Any Area Master Plan or Sector Plan may designate, delete, or amend General Plan center or policy area designations or the County’s growth boundary. Any Functional Master Plan for rural, agricultural, natural resource, and/or environmental conservation may also amend policy area designations or the County's growth boundary. These actions shall constitute amendments to the General Plan unless otherwise stated by the District Council.
27-3503. Sectional Map Amendment (SMA)
(a)
Applicability
- (1)Generally
A sectional map amendment shall be initiated to comprehensively rezone land within Prince George's County. Sectional map amendments shall be limited to planning areas, combinations of planning areas, portions of planning areas, or portions of areas subject to an Area Master Plan or Sector Plan or amendment thereto. In a sectional map amendment, land may be reclassified to any zone established in this Ordinance, except as provided in Section 27-3503(a)(4) below.
- (2)With Area Master Plan or Sector Plan
A sectional map amendment may be prepared and reviewed concurrently with an Area Master Plan or Sector Plan, in accordance with Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans.
- (3)Military Installation Overlay Zone (MIO Zone)
The Military Installation Overlay Zone (MIO Zone) shall be amended only in accordance with this Subsection following the issuance of an Air Installation Compatibility Use Zone Study, as amended from time to time, by the Department of Defense.
- (4)Prohibited Rezonings Via Sectional Map Amendments
A map amendment to the following zones shall not be established through a sectional map amendment:
- (A)The CBCAO Zone;
- (B)The APAO Zone;
- (C)A PD zone;
- (D)The RMH, LCD, LMXC, and LMUTC zones; or
- (E)If the land subject to the proposed amendment is wholly or partially within the Safety Zones of the MIO Zone, the following zones:
- (i)Any Transit-Oriented/Activity Center base zone;
- (ii)The RMF-12, RMF-20, RMF-48, CGO, CN, or CS zones;
- (iii)A more-intense residential zone than the current residential zone on the property; or
- (iv)If land is classified in a Rural and Agricultural or Residential base zone, a more intense Rural and Agricultural or Residential base zone.
- (F)The ROS Zone, if the land subject to the proposed amendment is not publicly-owned, unless the landowner has requested or consented, in writing, to the amendment.
- (5)Limitation on Zoning
No property may be zoned to a less intense category (see Section 27-4102(b)) if:
- (A)The property has been zoned by zoning map amendment within five (5) years prior to the initiation of the sectional map amendment or during the period between initiation and transmittal to the District Council, and the property owner has not consented (in writing) to the zoning; or
- (B)Based on existing physical development at the time of adoption of the sectional map amendment, the zoning would create a nonconforming use. This zoning may be approved, however, if there is a significant public benefit to be served by the zoning based on facts peculiar to the subject property and the immediate neighborhood. In recommending the zoning, the Planning Board shall identify these properties and provide written justification supporting the zoning at the time of transmittal. The failure of either the Planning Board or property owner to identify these properties, or a failure of the Planning Board to provide the written justification, shall not invalidate any District Council action in the approval of the sectional map amendment.
(b)
Sectional Map Amendment Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to a sectional map amendment.
- (1)Initiation
- (A)A sectional map amendment shall only be initiated by:
- (i)The District Council authorizing and directing the Planning Director to prepare a proposed amendment; or
- (ii)The Planning Board, with the written authorization of the District Council.
- (B)Initiation of a sectional map amendment shall be by resolution. Such resolution shall designate the area involved. The resolution of initiation and any descriptive data shall be made available for public inspection at the office of the Planning Director.
- (C)Until the close of the public hearing record for the initial Joint Public Hearing, any person may request that specific zones (except those prohibited in Section 27-3503(a)(4), Prohibited Rezonings Via Sectional Map Amendments) be considered for specific lands during the sectional map amendment process.
- (i)Such requests shall be submitted to the Clerk of the Council as public hearing testimony and shall be accompanied by a statement describing how the proposed zoning change complies with the General Plan or the applicable Area Master Plan or Sector Plan.
- (2)Preparation
The Planning Director shall prepare the proposed sectional map amendment for review in accordance with this Section. Any sectional map amendment prepared concurrently with a staff draft plan (for an Area Master Plan or Sector Plan, or amendment thereto, only) shall follow the regulations of both this Section and Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans. In the event of conflict, the requirements of this Section control.
- (3)Scheduling Pubic Hearing and Public Notice
Required (see Section 27-3407, Scheduling of Hearings and Public Notice). In addition, if a sectional map amendment is considered concurrently with an Area Master Plan or Sector Plan, or amendment thereto, scheduling of public hearing(s) and public notice shall be in accordance with Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans.
- (4)Review and Recommendation by Planning Board
Required (see Section 27-3408, Review and Recommendation by Advisory Board or Official), except:
- (A)
The Planning Board shall hold public hearing(s) on the proposed sectional map amendment. At least one public hearing shall be a joint public hearing with the District Council on the proposed sectional map amendment.
- (B)
The testimony received at the public hearing(s) shall be made a part of the record. Exhibits introduced at any time prior to the close of the record shall be identified sequentially and maintained as part of the record. The hearing record shall remain open for at least fifteen (15) days but not more than 30 days following the hearing.
- (C)
The Planning Board may permit the inclusion of additional evidence in the record, upon motion and majority vote of the members present at any meeting or work session on the plan and/or proposed sectional map amendment, under the following conditions:
- (i)
New evidence permitted to be presented orally or in writing at the initial meeting or work session shall not be considered as a part of the record unless summarized in writing by the speaker and submitted for the record on that date. Should such new evidence be presented, the Planning Board shall schedule a final meeting or work session no sooner than two weeks later to review staff analysis of new evidence, decide if such evidence shall be admitted to the record, and vote on the potential inclusion of the evidence.
- (ii)At the Planning Board’s final meeting or work session on new evidence, public testimony shall be limited to the topics contained in the evidence.
- (D)Within forty-five (45) days of the date of the Planning Board's public hearing (or ninety (90) days of the date of the Planning Board's public hearing when a sectional map amendment is prepared concurrent with the preparation of an Area Master Plan or Sector Plan), the Planning Board shall make a recommendation on the proposed sectional map amendment in accordance with Section 27-3503(b)(5), Sectional Map Amendment Decision Standards. The Planning Board’s recommendation shall be by resolution. If the Planning Board recommends changes to the underlying zone of property within the Safety Zones of the MIO Zone, whether or not the recommended change is based on public testimony, a statement of justification shall be included describing how the proposed reclassification complies with the purposes of the MIO Zone, reflects the latest Air Installation Compatibility Use Zone Study, as amended from time to time by the Department of Defense, and is consistent with the applicable Area Master Plan or Sector Plan.
- (E)Within thirty (30) days of the adoption of the resolution, the Planning Board shall transmit the endorsed sectional map amendment to the District Council, to each municipality located either within the area of the endorsed sectional map amendment or within one mile of that area, and to any governed special taxing district within the area of the endorsed sectional map amendment.
- (F)Upon transmittal of an endorsed sectional map amendment to the District Council:
- (i)The Planning Board shall postpone accepting or processing any zoning map amendment (ZMA) applications within the area of the endorsed sectional map amendment until after final action by the District Council on the endorsed sectional map amendment.
- (ii)The Clerk of the Council shall notify the DPIE Director and Zoning Hearing Examiner of the transmittal. DPIE shall postpone the processing and issuance of building permits for land within the area of the endorsed sectional map amendment until after final action by the District Council on the sectional map amendment, if the lot or parcel of land on which construction is proposed is in a Nonresidential zone, was proposed by the Planning Board for a zone in which the proposed use is not permitted, and is undeveloped. This Subsection shall not apply to a lot or parcel of land for which a grading permit has been issued by Prince George's County, sediment and erosion control devices have been installed by the permittee, and site grading activities have been initiated by the permittee.
- (iii)The Zoning Hearing Examiner shall postpone processing pending zoning map amendment (ZMA) applications within the area of the proposed sectional map amendment until after final sectional map amendment action by the District Council, and applications pending before the District Council in the area covered by the proposed sectional map shall be remanded to and held by the Examiner.
- (5)Sectional Map Amendment Decision Standards
- (A)Sectional map amendments conform to the principles of orderly, comprehensive land use planning and staged development, and shall be based on the General Plan and applicable Area Master Plans, Sector Plans, and Functional Master Plans. The advisability of a sectional map amendment is a matter committed to the legislative discretion of the District Council and is not controlled by any one factor. Prior to the approval of a sectional map amendment, the District Council shall consider the following:
- (i)The consistency of the proposed amendment with the applicable Area Master Plan or Sector Plan;
- (ii)The character of the area under review;
- (iii)The suitability of particular uses;
- (iv)The protection of natural features in the area;
- (v)The conservation of the value of buildings and communities;
- (vi)The most appropriate use of land throughout the County;
- (vii)The environmental and economic impact upon both the area under review and the entire County;
- (viii)The protection of the health, safety, and general welfare of the citizens of the County; and
- (ix)For land wholly or partially within, or proposed to be wholly or partially included within the MIO Zone:
- (aa)The changes to the Air Installation Compatible Use Zone Study that necessitates the map amendment; and
- (bb)The purposes of the MIO Zone.
- (B)In addition, for an amendment of the MIO Zone, the Impact Maps identifying the Height, Safety, and High Noise Zones shall reflect those in the most current Air Installation Compatible Use Zone Study (AICUZ), as amended from time to time.
- (C)Any proposed rezoning to a Transit-Oriented/Activity Center base zone shall be in accordance with the locational standards of Section 27-4204(b)(2) of this Ordinance.
- (6)Review and Decision by District Council
Required (see Section 27-3409, Review and Decision by Decision-Making Body or Official), except the following procedures shall apply:
- (A)If the proposed sectional map amendment is prepared and reviewed concurrently with an Area Master Plan or Sector Plan, the District Council shall review and make a decision on the endorsed sectional map amendment in accordance with Section 27-3502, General Plan, Functional Master Plans, Area Master Plans, and Sector Plans, and Section 27-3503(b)(5), Sectional Map Amendment Decision Standards. Otherwise, within sixty (60) days following receipt of the Planning Board’s recommendation on the endorsed sectional map amendment, the District Council shall, by ordinance, and in accordance with Section 27-3503(b)(5), Sectional Map Amendment Decision Standards:
- (i)Approve the sectional map amendment as submitted by the Planning Board;
- (ii)Approve the sectional map amendment, with amendments; or
- (iii)Disapprove the sectional map amendment.
- (B)The District Council may approve the endorsed sectional map amendment with amendments that are not based on the record before the Planning Board, provided:
- (i)The District Council's proposed amendments shall be referred to the Planning Board for the Board's written comments. The comments, if any, shall be submitted to the Council prior to the Council's action on the sectional map amendment.
- (ii)The District Council and Planning Board shall hold an additional joint public hearing, prior to approving the endorsed sectional map amendment. Notice of the hearing shall be given by the Clerk of the Council in the County newspapers of record at least fifteen (15) calendar days prior to the scheduled hearing. Amendments proposed only to retain the existing zone of land may be approved by the Council without holding an additional public hearing.
- (C)A two-thirds majority vote of the full Council shall be required to approve any portion of the amendment that is contrary to the recommendation of a municipality concerning land within its boundaries or a governed special taxing district concerning land within its district. If the Council fails to obtain this two-thirds majority vote, the land may be rezoned to any alternate zone recommended by the municipality (in writing) if:
- (i)The zone is consistent with the adopted and approved Area Master Plan or Sector Plan; or
- (ii)The zone is the same as the one existing on the land prior to the sectional map amendment.
- (D)Failure of the District Council to take action on an endorsed sectional map amendment within the time periods established in this Section shall constitute denial of the endorsed sectional map amendment.
- (7)Post-Decision Actions
- (A)Effect of Approval
- (i)The approval of a sectional map amendment shall repeal and readopt with amendments that portion of the Official Zoning Map encompassed by the sectional map amendment.
- (ii)After approval of a sectional map amendment by the District Council, the full Commission of the M-NCPPC shall take action to certify the zoning map.
- (B)Designation on Official Zoning Map
If a sectional map amendment is adopted by the District Council, the Planning Director shall place the amendment on the Official Zoning Map within a reasonable period of time after its adoption by the District Council and certification by the Commission.
- (C)Resubmittal and Reconsideration
- (i)Where a sectional map amendment is found by a court of competent jurisdiction to be invalid because of procedural defects in the advertising, processing, or approval, the District Council may (on its own motion) reconsider the sectional map amendment. The Council may then reapprove the sectional map amendment (including amendments) in accordance with the procedures which apply to the original approval.
- (ii)Upon resubmission, the records of the previous hearings on the sectional map amendment shall be incorporated into the record of the new hearing.
- (D)Revising the Sectional Map Amendment
- (i)In General
After approval of a sectional map amendment, the District Council, upon finding fraud or mistake, may revise the action in accordance with the procedures of this Section. The District Council shall require information (including a description of any specific property involved) which is sufficient to justify making a different decision on the sectional map amendment. The District Council shall not change its decision unless additional information has been submitted to substantiate such action.
- (ii)Petition for Revision
- (aa)A written petition may be filed with the District Council by the Planning Board, the District Council itself, or any person who claims to have been aggrieved by the action of the District Council. The petition shall include a map or survey plat which clearly identifies the property at issue.
- (bb)The petition must be filed with the Clerk of the Council within thirty (30) days after the date of the final action on the sectional map amendment.
- (cc)The petition shall set forth the specific facts on which the petition is based, and the name and address of the owner of any specific property described in the petition.
- (iii)Criteria for Revision
The District Council may only consider revising the sectional map amendment for property that was reclassified to a zoning category other than that which existed prior to the approval of the sectional map amendment. Such consideration shall be based on the following criteria:
- (aa)A factual error, which could not have been corrected by the property owner, was contained in the record of the sectional map amendment proceedings which may have caused an erroneous description of a specific property, and which is sufficient to justify making a different decision on the sectional map amendment. The failure of a property owner or petitioner to have provided sufficient information for the record of the sectional map amendment shall not constitute a mistake.
- (bb)Evidence of fraud on behalf of the District Council
- (iv)Principal Counsel Review
- (aa)After receiving the petition, the Clerk of the Council shall transmit the petition to the Principal Counsel to the District Council (or an authorized representative) for a legal opinion on the question of fraud or mistake.
- (bb)The Principal Counsel to the District Council (or an authorized representative) shall, within thirty (30) days after the close of the filing period, advise the Council on whether there is a reasonable basis for reviewing the sectional map amendment because of fraud or mistake.
- (v)Council Procedures
- (aa)If the Principal Counsel to the District Council (or an authorized representative) advises that there is a reasonable basis to consider a revision, the Council may (by a majority vote of the full Council) set the matter for public hearing on whether or not to adopt a revisory Ordinance or Resolution with respect to the sectional map amendment. If the Principal Counsel to the District Council (or an authorized representative) advises that there is no reasonable basis to consider a revision, the District Council shall order a denial of the petition.
- (bb)Prior to the adoption of a revisory Ordinance or Resolution, a public hearing shall be held on the matter. The hearing shall be scheduled to take place within sixty (60) days following review by the Principal Counsel to the District Council (or an authorized representative).
- (cc)The hearing shall be advertised at least once a week for two (2) successive weeks in the County newspapers of record. The notice shall set forth the date, time, place, and purpose of the hearing, and shall contain a copy of the Ordinance or Resolution, or a brief summary of it.
- (dd)A copy of the public hearing notice shall be sent by first class mail to all persons of record in the sectional map amendment proceedings who are within the subject neighborhood as defined by Technical Staff, to the property owner, to the petitioner, and to any municipality located within one mile of the subject property, at least fourteen (14) days prior to the date of the hearing.
- (ee)The testimony at the hearing shall be limited to testimony on the contents of the record; evidence of fraud; and evidence which may have been omitted from the original record because of fraud or mistake. Other than evidence regarding a factual error, the District Council shall not consider evidence which was discovered, or came into existence after the adoption of the sectional map amendment.
- (ff)If the revisory Ordinance or Resolution changes the zoning classification of a property, it shall affect only the property set forth in the Ordinance or Resolution. Any subsequent rights of appeal shall be limited to that property and no others within the area of the sectional map amendment.
- (gg)The failure of the District Council to revise a sectional map amendment under this Section shall not prejudice any subsequent zoning map amendment application considered.
- (hh)The District Council shall not consider a petition for revision on any property which is the subject of an appeal to the Circuit Court from the action on the sectional map amendment (provided the property is specifically identified in the appeal).
- (ii)All hearings on revisory petitions shall be held on a single date, or, where necessary, on consecutive working days until all hearings have been held.
- (jj)The District Council shall issue its decision on all revisory petitions within five (5) months after the date of adoption of the sectional map amendment. A revisory petition not finally acted upon within this time period shall be considered denied.
27-3601. Zoning Map Amendment (ZMA)
(a)
General
This Section establishes a uniform mechanism to amend the Official Zoning Map to reclassify an area to a base or overlay zone (only an applicant-initiated request to reclassify property to the CBCAO Zone may follow this procedure. Any other amendment to the CBCAO Zone is processed in accordance with Section 27-3603, Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment).
- (b)Applicability
The procedures and standards of this Section apply to any amendment to the Official Zoning Map that involves a specific parcel of land (commonly known as a "rezoning").
- (1)Under no circumstance shall a zoning map amendment be approved to reclassify lands wholly or partially within the Safety Zones of the MIO Zone into the following zones: any Transit-Oriented/Activity Center base zone, any Planned Development (PD) zone, or the RMF-12, RMF-20, RMF-48, IE, CGO, CN, or CS zones.
- (2)Under no circumstance shall a zoning map amendment be approved to reclassify lands to any of the following zones: RMH, LCD, LMXC, or LMUTC.
- (3)No application shall be filed requesting more than one zone.
- (c)Zoning Map Amendment Submittal Requirements
- (1)The zoning map amendment application shall be submitted to the Planning Director.
- (2)Zoning map amendment plats and site plans shall be prepared by a licensed professional engineer, architect, landscape architect, or land use planner.
- (3)Upon filing the application, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application.
- (4)If more than 1 drawing is used, all drawings shall be at the same scale (where feasible).
- (5)A zoning map amendment application shall include the following:
- (A)A signed application form, which shall include:
- (i)The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
- (ii)The street address of the property, name of any municipality the property is in, and name and number of the Election District the property is in;
- (iii)The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation must be signed by those officers empowered to act for the corporation;
- (iv)The name, address, and telephone number of the correspondent;
- (v)A statement listing the name, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the property or the contract purchaser(s);
- (vi)If any owner or contract purchaser(s) is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. This statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors; and
- (vii)If the owner or contract purchaser(s) is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).
- (B)Four copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor, which shall show:
- (i)The present configuration of the property, including bearings and distances (in feet) and the total area of the property (in either acres or square feet);
- (ii)The property's lot and block number, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;
- (iii)The names and owners of record, or subdivision lot and block numbers, of adjoining properties;
- (iv)The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of 2 streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
- (v)A north arrow and scale (no smaller than 1 inch equals 400 feet);
- (vi)The total area of the property (in either square feet or acres);
- (vii)The location of all existing buildings on the property; and
- (viii)The subject property outlined in red.
- (C)Four copies of the zoning map page on which the property is located, plotted to scale and outlined in red;
- (D)A vicinity map;
- (E)A copy of the applicant’s informational mailing letter, list of addresses, and signed affidavit of mailing;
- (F)Any required State Ethics Commission affidavits;
- (G)A statement of justification detailing the legal basis by which the requested amendment can be approved, and any factual reasons showing why approval of the request will not be detrimental to the public health, safety, and welfare; and
- (H)Any other pertinent information deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board.
- (d)Zoning Map Amendment (ZMA) Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to development applications for a zoning map amendment (ZMA). Figure 27-3601(b) identifies key steps in the (ZMA) procedure.
| Figure 27-3601(b): Zoning Map Amendment (ZMA) Procedure (Illustrative) | ||||||||||||||||||||||||||||||||||||
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- (1)Pre-Application Conference
See Section 27-3401, Pre-Application Conference, except for applications submitted by the District Council, the Planning Board, or the Planning Director.
- (2)Pre-Application Neighborhood Meeting
See Section 27-3402, Pre-Application Neighborhood Meeting, except for applications submitted by the District Council, the Planning Board, or the Planning Director.
- (3)Application Submittal
See Section 27-3403, Application Submittal. In addition, no parcel of land shall be the subject of two separate applications for a zoning map amendment (ZMA) at the same time. If two or more separate parcels of land are included in one application, they must be adjoining. For the purposes of this Subsection, "adjoining" means those parcels of land which abut or are separated only by a public right-of-way, stream bed, or the like.
- (4)Determination of Completeness
See Section 27-3404, Determination of Completeness.
- (5)Staff Review and Action
See Section 27-3406, Staff Review and Action. After staff review and evaluation of the application, the Planning Director shall prepare a Technical Staff Report, which shall include a recommendation on the application.
For any property owner-initiated application for a zoning map amendment involving the Chesapeake Bay Critical Area Overlay (CBCAO) Zone, the Planning Director shall, at least 30 days before the Zoning Hearing Examiner's hearing:
- (A)Transmit to the District Council the amendment application, plans, maps, specifications, Planning Board recommendation, and all other data, materials, and record evidence (to date) pertaining to the amendment; and
- (B)Transmit to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays a copy of the amendment application, and the conceptual conservation plan for their initial review and comment.
- (6)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice.
- (7)Review and Recommendation by Advisory Board or Official
See Section 27-3408, Review and Recommendation by Advisory Board or Official.
- (A)The Planning Board shall decide whether to hold a non-evidentiary hearing on the application within 15 days after receipt of the Technical Staff Report, or at its first meeting after the preparation of the report if no meeting has occurred within the 15 days.
- (B)If the Planning Board decides not to conduct a hearing, the recommendation in the Technical Staff Report constitutes the Planning Board's recommendation, and the Planning Director shall transmit the Technical Staff Report to the ZHE.
- (C)If the Planning Board decides to hear the matter, it shall set a hearing date which shall be at least 30 days after its decision to hear the matter.
- (i)Prior to or at the Planning Board's hearing, the applicant and any other person may submit written responses to the Technical Staff Report, together with any supporting material. The responses shall become a part of the record that will be forwarded to the ZHE.
- (ii)At the hearing, the Planning Board shall, following their Rules of Procedure, consider the application, relevant support materials, the Technical Staff Report, applicant comments, and any public comments, and make a recommendation containing specific findings of basic facts and conclusions of law, by resolution, on the application in accordance with Section 27-3601(d), Zoning Map Amendment (ZMA) Decision Standards. The Planning Board shall transmit its resolution with recommendation to the ZHE.
- (D)At least thirty (30) days after receiving the Planning Board’s recommendation, the ZHE shall provide notice, schedule, and conduct an evidentiary hearing on the application in accordance with Section 27-3412, Evidentiary Hearing, and make a recommendation. The ZHE shall issue its decision not more than 100 days after the date of its last hearing on the application. The ZHE shall, following the ZHE’s Rules of Procedure, consider the original application, relevant support materials, the Planning Board’s recommendation, the applicant’s and any party of record’s testimony and materials, and any public comments. At the conclusion of the hearing, the ZHE shall make a recommendation on the application in accordance with Section 27-3601(d), Zoning Map Amendment (ZMA) Decision Standards.
- (E)After the hearing is concluded and the record is closed, the ZHE shall prepare and serve upon all persons of record a written decision containing specific findings of basic facts, conclusions of law, and a recommended decision.
- (8)Review and Decision by Decision-Making Body or Official
See Section 27-3409, Review and Decision by Decision-Making Body or Official.
- (A)After receipt of the ZHE’s recommendation, the District Council shall conduct a public hearing on the application in accordance with Section 27-3414, Oral Argument Hearing, and render a final decision in accordance with Section 27-3601(d), Zoning Map Amendment (ZMA) Decision Standards. The District Council shall adopt written findings of material facts and conclusions.
- (B)The District Council may approve a less intense zone than that requested by the applicant for any part of the land subject to the application.
- (C)If the subject property is located within the boundaries of a municipality, a less intense zone may only be approved if there was testimony on the less intense zone before the Zoning Hearing Examiner, and an opportunity given for the municipality to make a recommendation. If there was no testimony or opportunity, the application shall be remanded to the Zoning Hearing Examiner for this purpose. Upon remand, the Hearing Examiner shall notify all persons of record and any municipality in which the property is located. The Hearing Examiner shall conduct further hearings if the case warrants.
- (D)A two-thirds majority vote of the full Council shall be required to approve any portion of the amendment that is contrary to the recommendation of a municipality concerning land within its boundaries, the recommendation of a governed special taxing district concerning land within its district, or a zoning map amendment that is contrary to an approved Area Master Plan or Sector Plan.
- (9)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (A)The following conditions of approval are allowed:
- (i)Conditions that may be necessary to protect surrounding properties from adverse effects that might accrue from the proposed zoning map amendment (ZMA); or
- (ii)Conditions that would further enhance the coordinated, harmonious, and systematic development of the regional district.
- (B)If conditions of approval are imposed, the applicant has ninety (90) days from the date of District Council’s decision to approve the conditions as part of the rezoning, to accept or reject the rezoning as conditionally approved. The applicant shall accept or reject the conditions in writing, to the Council.
- (C)If the applicant accepts the conditions, the Council shall enter an order acknowledging the acceptance and adopt the zoning map amendment (ZMA) by ordinance, at which time the Council's action is final.
- (D)Failure of the applicant to advise the Council about acceptance of the conditions is considered a rejection of the conditions.
- (E)If the conditions are rejected, the zoning map amendment (ZMA) will be denied and voided, and the land subject to the application will maintain its prior zone classification. If this occurs, the Council shall enter an order acknowledging the rejection, voiding its previous decision, and stating the land maintains its prior zone classification. This order shall be the final decision on the application.
- (F)All amendments that are approved subject to conditions shall be shown on the Official Zoning Map with the letter "C" after the application number.
- (10)Notification
See Section 27-3416, Notification.
- (11)Post-Decision Actions
- (A)Designation on Official Zoning Map
If a zoning map amendment (ZMA) is adopted by the District Council, the Planning Director shall place the amendment on the Official Zoning Map within a reasonable period of time after its adoption. Designation of a zone on the Official Zoning Map shall note the ordinance approving the zone classification.
- (B)Effect on Special Exceptions
When any land upon which a special exception has been approved is reclassified to a zoning category different from that category in which it was classified at the time the special exception was approved, the following shall apply:
- (i)If, at the time of the rezoning, the approved use requires the approval of a special exception in the new zone, and the specific special exception requirements governing the use are the same in both zones, the special exception, as approved, shall remain in full force and effect.
- (ii)If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a special exception with different requirements, and the use or construction authorized by the special exception has commenced and has not ceased, the special exception shall not terminate and the use may continue as a nonconforming use.
- (iii)If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a special exception with different requirements, and the use or construction authorized by the special exception has not commenced or has ceased, the special exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
- (iv)If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a special exception, the special exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property.
- (C)Resubmitting Application
If the District Council wholly or partly denies an application for a zoning map amendment (ZMA), the following limitations apply instead of those in Section 27-3418(d), Resubmitting Application:
- (i)No new zoning map amendment application may be filed on the same land until two (2) years have elapsed after final action (including appellate review) on a previous application. After two (2) applications on the same land have been acted upon, four (4) years must elapse before another application on the same land may be filed. No land shall be the subject of two (2) applications for map amendment at the same time.
- (e)Zoning Map Amendment (ZMA) Decision Standards
In determining whether to adopt or disapprove a proposed zoning map amendment (ZMA), the District Council may consider many factors. No amendment to the CBCAO Zone shall be granted without the applicant demonstrating conformance with the decision standards in Section 27-3603(d), CBCAO Zoning Map Amendment Decision Standards. No amendment to a Transit-Oriented/Activity Center base zone shall be granted except in accordance with the locational standards of Section 27-4204(b)(2) of this Ordinance. No other zoning map amendment shall be granted without the applicant demonstrating either:
- (1)There has been a substantial change in the character of the neighborhood; or
- (2)There was a mistake in the original zone for the land subject to the amendment which has never been the subject of an adopted sectional map amendment; or
- (3)There was a mistake in the current sectional map amendment.
- (f)Appeal
The applicant or any aggrieved person of record may appeal file an action for judicial review with the Circuit Court within thirty (30) days of the decision.
27-3602. Planned Development (PD) Zoning Map Amendment
(a)
Planned Development (PD) Map Amendment Submittal Requirements
- (1)The PD map amendment application shall be submitted to the Planning Director by the owner of the property or his authorized representative.
- (2)PD map amendment plats and site plans shall be prepared by a licensed professional engineer, architect, landscape architect, or land use planner.
- (3)Upon filing the application, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application.
- (4)If more than 1 drawing is used, all drawings shall be at the same scale (where feasible).
- (5)A PD map amendment application shall include the following:
- (A)A signed application form, which shall include:
- (i)The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
- (ii)The street address of the property, name of any municipality the property is in, and name and number of the Election District the property is in;
- (iii)The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation must be signed by those officers empowered to act for the corporation;
- (iv)The name, address, and telephone number of the correspondent;
- (v)A statement listing the name, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the property or the contract purchaser(s);
- (vi)If any owner or contract purchaser(s) is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. This statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors; and
- (vii)If the owner or contract purchaser(s) is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).
- (B)Four copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor, which shall show:
- (i)The present configuration of the property, including bearings and distances (in feet) and the total area of the property (in either acres or square feet);
- (ii)The property's lot and block number, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;
- (iii)The names and owners of record, or subdivision lot and block numbers, of adjoining properties;
- (iv)The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of 2 streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
- (v)A north arrow and scale (no smaller than 1 inch equals 400 feet);
- (vi)The total area of the property (in either square feet or acres);
- (vii)The location of all existing buildings on the property; and
- (viii)The subject property outlined in red.
- (C)Four copies of the zoning map page on which the property is located, plotted to scale and outlined in red;
- (D)A vicinity map;
- (E)A copy of the applicant’s informational mailing letter, list of addresses, and signed affidavit of mailing;
- (F)Any required State Ethics Commission affidavits;
- (G)A statement of justification detailing the legal basis by which the requested amendment can be approved, and any factual reasons showing why approval of the request will not be detrimental to the public health, safety, and welfare;
- (H)A proposed PD Basic Plan and proposed PD Conditions of Approval addressing all requirements and standards set forth in Section 27-4300, Planned Development Zones; and
- (I)Any other pertinent information deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board.
(b)
Planned Development (PD) Zoning Map Amendment Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to development applications for a PD map amendment. Figure 27-3602(a) identifies key steps in the planned development map amendment procedure.
Figure 27-3602(a): Planned Development (PD) Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||||||||||
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- (1)Pre-Application Conference
See Section 27-3401, Pre-Application Conference.
- (2)Pre-Application Neighborhood Meeting
See Section 27-3402, Pre-Application Neighborhood Meeting.
- (3)
- (4)Determination of Completeness
See Section 27-3404, Determination of Completeness.
- (5)Staff Review and Action
See Section 27-3406, Staff Review and Action. After staff review and evaluation of the application, the Planning Director shall prepare a Technical Staff Report, which shall include a recommendation on the application.
- (6)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice.
- (7)Review and Recommendation by Advisory Board or Official
See Section 27-3408, Review and Recommendation by Advisory Board or Official.
- (A)After holding a hearing, the Planning Board shall make a recommendation on the application in accordance with Section 27-3602(c), Planned Development (PD) Decision Standards, and transmit its recommendation to the ZHE. The Planning Board may suggest revisions to the PD Basic Plan and PD Conditions of Approval. The Planning Board’s recommendation shall address:
- (i)Whether the application complies with Section 27-3602(c), Planned Development (PD) Decision Standards;
- (ii)The need and justification for the PD zone;
- (iii)The effect of the PD zone, if any, on the land subject to the proposed PD and on surrounding neighborhoods; and
- (iv)The relationship of the proposed PD zone to the purposes of this Ordinance, the General Plan, and the applicable Area Master Plan or Sector Plan, with appropriate consideration as to whether the proposed PD zone will further the purposes of this Ordinance, the General Plan, and the applicable Area Master Plan or Sector Plan.
- (B)After the receipt of the Planning Board’s recommendation, the ZHE shall provide notice, schedule, and conduct an evidentiary hearing on the application in accordance with Section 27-3412, Evidentiary Hearing, and make a recommendation. The ZHE shall issue its decision not more than one hundred (100) days after the date of its last hearing on the application. The ZHE shall, following the ZHE’s Rules of Procedure, consider the original application, relevant support materials, the Technical Staff Report, the Planning Board’s recommendation, the applicant’s and any party of record’s testimony and materials (if appropriate), and any public comments, as appropriate. At the conclusion of the hearing, the ZHE shall make a recommendation on the application in accordance with Section 27-3602(c), Planned Development (PD) Decision Standards.
- (C)After the hearing is concluded, the ZHE shall prepare and serve upon all persons of record a written decision containing specific findings of basic facts, conclusions of law, and a recommended decision.
- (8)Review and Decision by Decision-Making Body or Official
See Section 27-3409, Review and Decision by Decision-Making Body or Official.
- (A)After receipt of the ZHE's recommendation, the District Council shall conduct a public hearing on the application in accordance with Section 27-3414, Oral Argument Hearing, and make a decision, by majority vote, on the application in accordance with Section 27-3602(c), Planned Development (PD) Decision Standards. A two-thirds majority vote of the full Council shall be required to approve a planned development map amendment that is contrary to the recommendation of a municipality concerning land within its boundaries, the recommendation of a governed special taxing district concerning land within its district, or an amendment that is contrary to an approved Area Master Plan or Sector Plan. The District Council may direct revisions to the PD Basic Plan and PD Conditions of Approval. The District Council’s decision shall be one of the following:
- (i)Adopt by ordinance the PD map amendment, including the PD Basic Plan and PD Conditions of Approval;
- (ii)Remand the application back to the Planning Board for further consideration; or
- (iii)Disapprove the PD map amendment.
- (B)The approved PD Basic Plan and PD Conditions of Approval shall be the zoning text for the PD zone, and any subsequent development approval or permit shall comply with the approved PD Basic Plan and PD Conditions of Approval, except that minor deviations shall be allowed in accordance with Section 27-3602(b)(11)(G), Minor Deviations.
- (C)The applicant has ninety (90) days from the date of District Council’s decision to approve the conditions as part of the PD map amendment, to accept or reject the conditions of approval. The applicant shall accept or reject the conditions in writing, to the Council.
- (D)If the applicant accepts the conditions, the Council shall enter an order acknowledging the acceptance, at which time the Council's action is final.
- (E)Failure of the applicant to advise the Council about acceptance of the conditions of approval is considered a rejection of the conditions.
- (F)If the conditions of approval are rejected, the PD map amendment will be denied and voided, and the land subject to the application will maintain its prior zone classification. If this occurs, the Council shall enter an order acknowledging the rejection, voiding its previous decision, and stating the land maintains its prior zone classification. This order shall be the final decision on the application.
- (G)All amendments that are approved subject to conditions shall be shown on the Official Zoning Map with the letter "C" after the application number.
- (9)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (A)The following conditions of approval are allowed:
- (i)The conditions in Section 27-4301(d)(3), PD Conditions of Approval;
- (ii)Conditions that may be necessary to protect surrounding properties from adverse effects that might accrue from the proposed zoning map amendment (ZMA);
- (iii)Conditions that would further enhance the coordinated, harmonious, and systematic development of the regional district; and/or
- (iv)Conditions that reflect amendments to the development standards of this Zoning Ordinance as may be proposed and approved in the PD Basic Plan.
- (10)Notification
See Section 27-3416, Notification.
- (11)Post-Decision Actions
Once the PD zone is approved, the applicant must receive approval of a detailed site plan (see Section 27-3605(d), Detailed Site Plan Procedure) and major preliminary plan of subdivision (see Subtitle 24: Subdivision Regulations), prior to development of the site, to ensure substantial compliance with the approved PD Basic Plan and PD Conditions of Approval. Any permits or development approvals shall be in conformance with the PD Basic Plan and PD Conditions of Approval.
- (A)Effect of Approval
- (i)Lands within an established PD zone shall be subject to the approved PD Basic Plan and PD Conditions of Approval. The PD Basic Plan and PD Conditions of Approval are binding on the land as an amendment to the Official Zoning Map. The applicant may apply for and obtain subsequent development approvals and permits necessary to implement the PD Basic Plan and PD Conditions of Approval in accordance with the applicable procedures and standards set forth in this Ordinance.
- (B)Designation on Official Zoning Map
If a PD zone is adopted by the District Council, the Planning Director shall place the amendment on the Official Zoning Map within a reasonable period of time after its adoption. Designation of a PD zone on the Official Zoning Map shall note the ordinance adopting the PD zone classification, the PD Basic Plan, and the PD Conditions of Approval.
- (C)Effect on Special Exceptions
When any land upon which a special exception has been approved is reclassified to a zoning category different from that category in which it was classified at the time the special exception was approved, the following shall apply:
- (i)If, at the time of the rezoning, the approved use requires the approval of a special exception in the new zone, and the specific special exception requirements governing the use are the same in both zones, the special exception, as approved, shall remain in full force and effect.
- (ii)If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a special exception with different requirements, and the use or construction authorized by the special exception has commenced and has not ceased, the special exception shall not terminate and the use may continue as a nonconforming use.
- (iii)If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a special exception with different requirements, and the use or construction authorized by the special exception has not commenced or has ceased, the special exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
- (iv)If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a special exception, the special exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property.
- (D)Resubmitting Application
If the District Council wholly or partly denies an application for a Planned Development (PD) Zoning Map amendment, the following limitations apply instead of those in Section 27-3418(d), Resubmitting Application:
- (i)The District Council shall not act on a subsequent application for any portion of the same land within eighteen (18) months after the date of the first denial and within twenty-four (24) months after the date of any subsequent denial.
- (ii)In any subsequent application for any portion of the same land and for the same zone classification, by the same applicant, the District Council may not base its findings solely on any fact or circumstance that was presented at the hearing on the prior application.
- (iii)For purposes of this Subsection, "date of denial" means the date of the District Council’s decision or, in the case of judicial review, the date of the final judgment of the Circuit Court.
- (E)Subsequent Development Applications and Recordation Requirements
- (i)Subsequent development applications may be submitted following the Zoning Hearing Examiner’s issuance of its decision in Section 27-3602(b)(7)(B) but may not be accepted prior to the District Council’s order acknowledging the applicant’s acceptance of the conditions in Section 27-3602(b)(8)(D).
- (ii)Any deed restrictions or other restrictive covenants required by the District Council in its approval of the PD zone, as well as any completed agreements with the County that are necessary for the County to become a party to the deed restrictions or other restrictive covenants, shall be recorded as directed in the Council’s order or as otherwise required by any subsequent approval.
- (F)Amendment
Notwithstanding Section 27-3602(b)(11)(G), Minor Deviations, below, an amendment of an adopted PD zone, including the approved PD Basic Plan or PD Conditions of Approval, may only be approved in accordance with the procedures and standards established for its original approval.
- (G)Minor Deviations
After the establishment of a PD zone in accordance with Section 27-3602, Planned Development (PD) Zoning Map Amendment and the initial detailed site plan for the project, subsequent applications for development approvals and permits (e.g., detailed site plans or special exceptions) within a PD zone that include minor deviations from the approved PD Basic Plan or PD Conditions of Approval may be reviewed and decided by the Planning Director, without the need to amend the PD zone, if the Planning Director determines that such deviations consist of only the following:
- (i)Changes that result in a decrease in the density or intensity of development approved for a specific parcel;
- (ii)An increase in residential density for any specific parcel of ten (10) percent or less, if the total allowed density with the PD zone does not increase;
- (iii)A decrease in height;
- (iv)A reduction of off-street parking spaces by up to ten (10) percent if it can be demonstrated by a parking study that the parking spaces are not needed because of the unique features of the site;
- (v)A reduction of off-street loading spaces by up to twenty (20) percent if it can be demonstrated that the off-street loading spaces are not needed because of the unique features of the site;
- (vi)Minor modification to the parking lot design and circulation where it can be demonstrated that such minor adjustments will result in a more efficient and pedestrian-friendly parking lot design;
- (vii)Minor modification to the off-street loading design where it can be demonstrated that such minor modifications will result in a more efficient off-street loading design;
- (viii)A modification of design of facilities for amenities such as parks, gardens, or open spaces; or
- (ix)A deviation specifically listed in the approved PD Conditions of Approval or PD Basic Plan as a minor deviation not materially affecting the PD zone’s basic concept or the designated general use of the land within the zone.
- (c)Planned Development (PD) Decision Standards
Prior to the approval of the PD zone, the applicant shall demonstrate to the satisfaction of the District Council that the entire development:
- (1)Is in conformance with the General Plan, the applicable Area Master Plan or Sector Plan, or any applicable Functional Master Plan;
- (2)Meets the purposes of the proposed PD zone;
- (3)Satisfies all applicable standards of the proposed PD zone; and
- (4)Will not adversely impact the surrounding properties.
- (d)Appeal
See procedures in Section 27-3601(f), Appeal.
27-3603. Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map Amendment
(a)
General
This Section establishes a uniform mechanism to amend the Official Zoning Map to place land in the Chesapeake Bay Critical Area Overlay (CBCAO) Zone in a way that complies with State law, protects the sensitive environmental resources of the Chesapeake Bay, and respects the rights of landowners.
(b)
Applicability
The procedures and standards of this Subsection apply to any amendment to the Official Zoning Map that involves a reclassification of land to the Chesapeake Bay Critical Area Overlay (CBCAO) Zone initiated by the District Council or Planning Board. An amendment initiated by the owner(s) of the land shall be reviewed and decided in accordance with the procedures in Section 27-3400, Standard Review Procedures, and the decision standards in Section 27-3603(d), CBCAO Zoning Map Amendment Decision Standards.
(c)
CBCAO Zoning Map Amendment Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to applications for a CBCAO Zone map amendment. Figure 27-3603(c) identifies key steps in the CBCAO Zoning Map amendment procedure.
Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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Figure 27-3603(c): CBCAO Zoning Map Amendment Procedure (Illustrative) | ||||||||||||||||||||||||||||
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- (1)Application Submittal
- (A)The District Council, by resolution, or the Planning Board (with the concurrence, by resolution, of the District Council) may initiate a CBCAO Zoning Map amendment. The initiating resolution shall specify the land to be amended.
- (B)A request to change the boundaries or subzone of an approved CBCAO Zone may also be made, in the form of a zoning map amendment application, by the property owner. Such property owner-initiated requests shall be processed as a zoning map amendment (ZMA) pursuant to Section 27-3601, Zoning Map Amendment (ZMA)
- (C)If two or more separate parcels of land are included in one application, they shall be adjoining. For the purposes of this Subsection, "adjoining" includes those parcels of land which are separated only by a public right-of-way, stream bed, or the like.
- (2)Determination of Completeness
See Section 27-3404, Determination of Completeness.
- (3)Staff Review and Action
See Section 27-3406, Staff Review and Action.
- (A)After staff review and evaluation of the application, the Planning Director shall prepare a Technical Staff Report, which shall include a recommendation, on the application, including comments from the Critical Area Commission.
- (B)The Technical Staff Report, along with the proposed CBCAO Zoning Map amendment and zone boundaries, shall be made available for public review sixty (60) days prior to the Planning Board public hearing.
- (C)At least thirty (30) days prior to the public hearing, the original Map Amendment application file shall be available for public examination in the Office of the Clerk of the Council, and a copy of the file shall be available for public examination in the Planning Director's office. This file may be reviewed by anyone, and copies of its contents may be obtained for free by interested parties who show up in person at the Clerk’s office. Other interested parties may obtain copies of the file’s contents by mail at reasonable cost.
- (4)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice. In addition, the Planning Director shall, at least thirty (30) days before the Planning Board public hearing:
- (A)Transmit to the District Council the amendment application, plans, maps, specifications, Technical Staff Report, and all other data, materials, and record evidence (to date) pertaining to the amendment; and
- (B)Transmit to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays a copy of the amendment application, and the conceptual conservation plan for their initial review and comment.
- (5)Review and Recommendation of Advisory Board or Official
See Section 27-3408, Review and Recommendation by Advisory Board or Official.
- (A)The Planning Board shall hold a public hearing at least sixty (60) days following release of the Technical Staff Report for public review.
- (B)Prior to or at the Planning Board's hearing, the applicant and any other person may submit written responses to the Technical Staff Report, together with any supporting material. The responses shall become a part of the record that will be forwarded to the District Council.
- (C)At the conclusion of the hearing, the Planning Board shall, following its Rules of Procedure, make a recommendation, by resolution, on the application, in accordance with Section 27-3603(d), CBCAO Zoning Map Amendment Decision Standards. The recommendation shall be to either approve, approve with modifications, or disapprove the application. The Planning Board shall take action on the application within forty-five (45) days after the conclusion of the public hearing.
- (D)Planning Board shall transmit its recommendation, together with the original application and all other record material pertaining to the Zoning Map Amendment, to the District Council within one hundred six (106) calendar days of the release for public review.
- (E)Upon recommending approval of an application for growth allocation, the Planning Board shall forward a copy of the Resolution to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.
- (6)Review and Decision by Decision-Making Body or Official
See Section 27-3409, Review and Decision by Decision-Making Body or Official.
- (A)The District Council shall conduct a public hearing on the amendment in accordance with Section 27-3414, Oral Argument Hearing, within sixty (60) days of receipt of the Planning Board recommendation, and render a final decision in accordance with Section 27-3603(d), CBCAO Zoning Map Amendment Decision Standards.
- (B)The District Council may propose and approve changes to the amendment, including any changes in the underlying base zones, except that no land within the Resource Conservation Overlay Zone of the CBCAO zone may be amended to a Nonresidential base zone; Transit-Oriented/Activity Center base zone or Planned Development zone; the RMH, LCD, LMXC, or LMUTC zones; or the MU-PD Zone.
- (C)The Council shall take final action on the amendment within thirty (30) days after the final public hearing concludes, but not later than one hundred sixty (160) days after receipt of the recommendations from the Planning Board. If no final action is taken within this time period, the CBCAO amendment shall be deemed denied by the District Council.
- (D)The District Council’s approval of a CBCAO zone amendment shall be by ordinance, and shall be by majority vote of the full Council. A two-thirds majority vote of the full Council shall be required to approve any portion of the amendment that is contrary to the recommendation of a municipality concerning land within its boundaries, or the recommendation of a governed special taxing district concerning land within the district.
- (E)Upon approval of an application for growth allocation, the District Council shall within ten (10) working days after the date of issuance, forward a notice of intent to award growth allocation to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays for approval. The notice of intent must include a statement regarding how the provisions of Section 27-3603(d), CBCAO Zoning Map Amendment Decision Standards, are met and all of the components of the complete application approved.
- (F)Approval of the growth allocation by the District Council does not constitute approval of a conservation plan. A separate conservation plan application in conformance with Subtitle 5B of the County Code is required prior to permit issuance.
- (7)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (A)Conditions of Approval shall be limited to the following:
- (i)Protecting surrounding lands and lands within the CBCAO zone from adverse effects which might accrue from the requested amendment; or
- (ii)Further enhancing the coordinated, harmonious, and systematic development of land within the CBCAO Zone, including the use of time limitations for the commencement of construction.
- (B)The conditions of approval shall not waive or lessen the requirements of, or prohibit uses allowed in the CBCAO Zone.
- (C)All building plans shall list the conditions and shall show how the proposed development complies with them.
- (D)If conditions of approval are imposed, the applicant has ninety (90) days from the date of Council’s decision to accept or reject the amendment as conditionally approved, by written correspondence to the Council.
- (E)If the applicant accepts the conditions, the Council shall enter an order acknowledging the acceptance and adopt the amendment, at which time the Council's action is final. Failure of the applicant to advise the Council about acceptance of the conditions is considered a rejection of the conditions.
- (F)If the conditions are rejected, the amendment shall be denied and voided, and the land subject to the application will maintain its prior zone classification. If this occurs, the Council shall enter an order acknowledging the rejection, voiding its previous decision, and stating the land maintains its prior zone classification. This order then becomes the final decision on the application.
- (G)All amendments which are approved subject to conditions shall be shown on the Official Zoning Map with the letter "C" after the application number.
- (8)Notification
See Section 27-3416, Notification. In addition, notice shall be published by the Clerk of the Council at least one time in the County newspaper of record, and shall be sent to the Planning Board, the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, and any municipality lying, wholly or in part within, or within one mile of, the boundaries of the amended CBCAO Zone.
- (9)Post-Decision Actions
- (A)Designation on Official Zoning Map
If a Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map amendment is adopted by the District Council, the Planning Director shall place the amendment on the Official Zoning Map within a reasonable period of time after its adoption. Designation of a zone on the Official Zoning Map shall note the ordinance approving the zone classification.
- (B)Effect on Special Exceptions
When any land upon which a special exception has been approved is reclassified to a zoning category different from that category in which it was classified at the time the special exception was approved, the following shall apply:
- (i)If, at the time of the rezoning, the approved use requires the approval of a special exception in the new zone, and the specific special exception requirements governing the use are the same in both zones, the special exception, as approved, shall remain in full force and effect.
- (ii)If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a special exception with different requirements, and the use or construction authorized by the special exception has commenced and has not ceased, the special exception shall not terminate and the use may continue as a nonconforming use.
- (iii)If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a special exception with different requirements, and the use or construction authorized by the special exception has not commenced or has ceased, the special exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
- (iv)If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a special exception, the special exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property.
- (C)Resubmitting Application
If the District Council wholly or partly denies an application for a Chesapeake Bay Critical Area Overlay (CBCAO) Zoning Map amendment, the following limitations apply instead of those in Section 27-3418(d), Resubmitting Application:
- (i)The District Council shall not act on a subsequent application for any portion of the same land within eighteen (18) months after the date of the first denial and within twenty-four (24) months after the date of any subsequent denial.
- (ii)In any subsequent application for any portion of the same land and for the same zone classification, by the same applicant, the District Council may not base its findings solely on any fact or circumstance that was presented at the hearing on the prior application.
- (iii)For purposes of this Subsection, "date of denial" means the date of the District Council’s decision or, in the case of judicial review, the date of the final judgment of the Circuit Court.
- (D)Noncompliance with Conditions
All conditions imposed shall be mandatory. The failure to comply with any condition shall constitute a zoning violation and shall be grounds for the Council to:
- (i)Annul the CBCAO Zoning Map Amendment;
- (ii)Revoke a grading, building, or use and occupancy permit;
- (iii)Institute appropriate civil or criminal proceedings; or
- (iv)Institute any other action necessary to obtain compliance.
Before the District Council annuls an approved conditional Zoning Map Amendment for a CBCAO Zone, the Zoning Hearing Examiner shall hold a public hearing and transmit a written recommendation on the matter. The following procedures shall be followed:
- (i)A petition shall be filed with the Clerk of the Council by the Director of the Department of Permitting, Inspections, and Enforcement (or his/her designee) requesting the Council to annul the Zoning Map Amendment. The petition shall state the reasons for the request. At the same time, a copy of the petition shall be sent to the Planning Board.
- (ii)The Planning Board shall submit a written recommendation on the petition to the Council.
- (iii)After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
- (iv)Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
- (v)Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
- (d)CBCAO Zoning Map Amendment Decision Standards
In determining whether to adopt or disapprove a proposed CBCAO Zone amendment, the District Council may consider many factors, but no amendment shall be granted without the following findings and considerations:
- (1)Zone Classification Standards
Prior to approving the CBCAO Zoning Map amendment, the Council shall make the following findings:
- (A)Intense Development Overlay Zone
Land placed in the Intense Development Overlay Zone occupies a gross area of at least twenty (20) contiguous acres, or the entire upland portion of the CBCAO Zone within the boundary of a municipality, whichever is less, and exhibits at least one of the following characteristics:
- (i)A concentration of industrial, commercial, or institutional uses;
- (ii)Residential density equal to or greater than four dwelling units per gross acre;
- (iii)Existing water and sewer systems serving the area, and residential density greater than three dwelling units per gross acre; or
- (iv)Rights-of-way of existing roads having a Freeway or higher classification.
- (B)Limited Development Overlay Zone
Land classified in the Limited Development Overlay Zone exhibits at least one of the following characteristics:
- (i)Residential density ranging from one dwelling unit per five gross acres up to four dwelling units per gross acre;
- (ii)Areas not dominated by agriculture, wetlands, forest, barren land, or surface water;
- (iii)Areas having public water, public sewer, or both; or
- (iv)Areas possessing one or more characteristics of land classified in the Intense Development Overlay zone, regardless of the size of the area.
- (C)Resource Conservation Overlay Zone
Land classified in the Resource Conservation Overlay Zone exhibits at least one of the following characteristics:
- (i)Residential density of less than one dwelling unit per five gross acres; or
- (ii)Areas dominated by agriculture, wetland, forest, barren land, or surface water.
- (D)Generally
- (i)Adequate attention has been paid to the recommendations of any Area Master Plan or Sector Plan, and the General Plan, which are found to be applicable to land within the CBCAO zones.
- (ii)The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays has approved the CBCAO Zone amendment.
- (2)Map Amendment Standards
- (A)Mistake rule
Except for changes to expand the boundaries of the Intense Development and Limited Development Overlay zones (Section 27-3603(d)(2)(B) below), no application for the amendment of a CBCAO zone shall be granted without the applicant demonstrating there was a mistake in the original zone classification or subsequent rezoning.
- (B)Expansion of Intense Development and Limited Development Overlay Zones
Notwithstanding Section 27-3603(d)(2)(A) above, the boundaries of the Intense Development and Limited Development Overlay zones may be expanded within the CBCAO Zone in accordance with Subsections 27-3603(d)(2)(C) through 27-3603(d)(2)(E) below.
- (C)Acreage
The maximum area of future additional Intense Development or Limited Development Overlay zones shall be five (5) percent of the total area designated as Resource Conservation Overlay zones at the time of adoption of the Official Zoning Map for the amendment. A maximum of fifty (50) percent of the permissible growth increment may be used to rezone a Resource Conservation Overlay Zone to another Chesapeake Bay Critical Area Overlay zone.
- (D)Location
Expanded Intense Development or Limited Development Overlay zones may be approved subject to the following locational standards:
- (i)New Intense Development Overlay zones shall:
- (aa)Be located in existing Limited Development Overlay Zones or contiguous to existing Intense Development Overlay zones;
- (bb)Be located at least three hundred (300) feet from tidal waters or tidal wetlands if the land was originally designated in the Resource Conservation Overlay Zone, except for water-dependent uses; and
- (cc)Be located in a manner that minimizes impacts to the defined land uses of the Resource Conservation Overlay Zone as noted in PART 27-5: Use Regulations.
- (ii)New Limited Development Overlay zones shall be located:
- (aa)Contiguous to existing Limited Development Overlay zones or Intense Development Overlay zones;
- (bb)At least three hundred (300) feet from tidal waters or tidal wetlands if the land was originally designated in the Resource Conservation Overlay Zone, except for Water-Related Uses; and
- (cc)In a manner that minimizes impacts to the defined land uses of the Resource Conservation Overlay Zone as noted in PART 27-5: Use Regulations.
- (E)Additional Considerations.
The following factors shall be considered in reviewing map amendments or refinements involving the use of the growth allocation:
- (i)Consistency with the General Plan, the applicable Area Master Plan or Sector Plan, the current water and sewer plan, priority funding areas, and whether the growth allocation would implement the goals, objectives, policies, and strategies of the adopted plans.
- (ii)For a map amendment or refinement involving a new Limited Development Overlay, whether the development is:
- (aa)To be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;
- (bb)A completion of an existing subdivision;
- (cc)An expansion of an existing business; or
- (dd)Is to be developed using the conservation subdivision option.
- (iii)For a map amendment or refinement involving a new Intense Development Overlay, whether the development:
- (aa)Will be served by a public wastewater system;
- (bb)Will have an allowed average density of at least 3.5 units per acre as calculated under Section 5-7B-03(h) of the State Finance Procurement Article;
- (cc)For a new Intense Development Overlay that is greater than 20 acres, to be located in a Priority Funding Area as described under Sections 5-7B-02(1) and 5-7B-03 of the State Finance and Procurement Article; and
- (dd)To have a demonstrable economic benefit to the area.
- (iv)The use of existing public infrastructure, where practical;
- (v)Consistency with State and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on- or off-site;
- (vi)Impacts on a priority preservation area, as defined under Section 2-518 of the Agriculture Article;
- (vii)Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; or
- (viii)Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.
- (F)Additional Requirements
Prior to developing land in an expanded CBCAO Zone, the area shall be mapped and submitted to the Chesapeake Bay Critical Area Commission for informational purposes only. This submission shall include an analysis of:
- (i)The manner in which the proposed expansion conforms to the locational criteria;
- (ii)How the proposed expansion affects the total growth allocation; and
- (iii)How the proposed expansion will accommodate the growth needs of municipalities impacted by the CBCAO zones.
- (e)Effect on Pending Applications
Approval of the CBCAO Zoning Map amendment constitutes final action on all pending such applications within the boundaries of the approved overlay zones.
27-3604. Special Exception
(a)
General
A use designated as a special exception in a particular zone is a use that may be appropriate in the zone, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the zone and compatible with its surroundings. This Section establishes a uniform mechanism to review special exceptions to ensure they are appropriate for the location and zone where they are proposed.
(b)
Applicability
- (1)The procedures and standards of this Subsection apply to:
- (A)Any use that is designated as a special exception in a zone in Section 27-5101, Principal Use Tables; or
- (B)Any other development activity that requires special exception review by this Ordinance.
- (2)Any development for which a special exception is approved in accordance with this Section is not required to have a site plan reviewed and approved in accordance with Section 27-3605, Detailed Site Plan, since a site plan for the proposed development is reviewed and approved as part of the special exception application.
- (3)Departures and variances associated with a special exception application may be reviewed and decided concurrent with the parent application.
(c)
Special Exception Submittal Requirements
- (1)The special exception application shall be submitted to the Planning Director by the owner of the property or his authorized representative.
- (2)The special exception site plans shall be prepared by a licensed professional engineer, architect, landscape architect, or land use planner.
- (3)Upon filing the application, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application.
- (4)If more than 1 drawing is used, all drawings shall be at the same scale (where feasible).
- (5)A special exception application shall include the following:
- (A)A signed application form, which shall include:
- (i)The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
- (ii)The requested use of the property;
- (iii)The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
- (iv)The total area of the property (in either acres or square feet);
- (v)The property's lot and block number, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;
- (vi)The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation must be signed by those officers empowered to act for the corporation;
- (vii)The name, address, and telephone number of the correspondent;
- (viii)A statement listing the name, and the business and residential addresses, of all individuals having at least a 5 percent financial interest in the property or the contract purchaser(s);
- (ix)If any owner or contract purchaser(s) is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. This statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors; and
- (x)If the owner or contract purchaser(s) is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).
- (B)A vicinity map;
- (C)A zoning sketch map with the subject property outlined in red;
- (D)A copy of the applicant’s informational mailing letter, list of addresses, and signed affidavit of mailing;
- (E)Any required State Ethics Commission affidavits;
- (F)One copy of a site plan, which shall include the following:
- (i)Location map, north arrow, and scale;
- (ii)A property boundary survey, using bearings and distances (in feet); and either the subdivision lot and block, or liber and folio numbers, outlined in red;
- (iii)Zoning categories of the subject property and all adjacent properties;
- (iv)Locations and types of major improvements that are within 50 feet of the subject property and all land uses on adjacent properties;
- (v)An approved Natural Resource Inventory;
- (vi)Street names, rights-of-way, and pavement widths of existing streets and interchanges within and adjacent to the site;
- (vii)Existing rights-of-way and easements (such as railroad, utility, water, sewer, access, and storm drainage) within and adjacent to the site;
- (viii)A Type 2 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and The Woodland and Wildlife Habitat Conservation Technical Manual, or a Standard Letter of Exemption;
- (ix)A statement of justification detailing;
- (aa)How the property conforms to the requirements of the Zoning Ordinance and Subdivision Regulations, as applicable, including all conditions of approval in any development approvals and permits to which the special exception is subject;
- (bb)How the proposed design preserves and restores the regulated environmental features in a natural state to the fullest extent possible, in accordance with the requirements of Subtitle 24: Subdivision Regulations;
- (cc)How any land intended for public use, but not proposed to be in public ownership, will be held, owned, and maintained for the indicated purpose (including any proposed covenants or other documents); and
- (dd)How the development proposed in the special exception can exist as a unit capable of sustaining an environment of continuing quality and stability.
- (x)An approved stormwater management concept plan and approval letter, and any other documentation relating to any stormwater management facilities located off-site of the proposed development but which will serve the proposed development;
- (xi)Proposed system of internal streets including rights-of-way and pavement widths;
- (xii)Proposed lot lines and the dimensions (including bearings and distances, in feet) and the area of each lot;
- (xiii)Exact location and size of all buildings, structures, sidewalks, paved areas, parking lots (including striping), and designation of waste collection storage areas; and the use of all buildings, structures, and land;
- (xiv)Proposed grading, using one- (1) or two- (2) foot contour intervals, and any spot elevations that are necessary to describe high and low points, steps, retaining wall heights, and swales;
- (xv)A landscape plan prepared in accordance with the provisions of the Landscape Manual showing the exact location and description of all plants and other landscaping materials, including size (at time of planting), spacing, botanical and common names (including description of any plants that are not typical of the species), and planting method;
- (xvi)Exact location, size, type, and layout of all proposed recreation facilities;
- (xvii)Exact location and type of such accessory facilities as paths, walks, walls, fences (including widths or height, as appropriate), entrance features, and gateway signs;
- (xviii)Architectural elevations of facades for all sides of all proposed buildings, preliminary floor plans, and other illustrative drawings, photographs, or renderings deemed appropriate by the Planning Director;
- (xix)A circulation plan in accordance with Section 27-6204, Circulation Plan or Site Plan Required;
- (xx)A parking plan in accordance with Section 27-6303, Parking Plan or Site Plan Required;
- (xxi)A lighting plan, including a photometric plan, in accordance with Section 27-6703, Lighting Plan;
- (xxii)
- (xxiii)A noise study prepared by a qualified professional to demonstrate compliance with Section 27-6810, Noise Control;
- (xxiv)A signage plan;
- (xxv)Identification of all proposed green building requirements in accordance with Section 27-61603, Green Building Standards; and
- (xxvi)Any other pertinent information.
(d)
Special Exception Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to development applications for a special exception. Figure 27-3604(c) identifies key steps in the special exception procedure.
Figure 27-3604(c): Special Exception Procedure (Illustrative) | ||||||||||||||||||||||||||||||||||||||||
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- (1)Pre-Application Conference
See Section 27-3401, Pre-Application Conference.
- (2)Pre-Application Neighborhood Meeting
See Section 27-3402, Pre-Application Neighborhood Meeting.
- (3)Application Submittal
See Section 27-3403, Application Submittal and Section 27-3604(c), Special Exception Submittal Requirements. In addition, the application shall include a site plan of the proposed special exception.
- (4)Determination of Completeness
See Section 27-3404, Determination of Completeness.
- (5)Staff Review and Action
See Section 27-3406, Staff Review and Action.
- (A)At least thirty (30) days prior to the public hearing, the original copy of the application, plans, maps, specifications, Technical Staff Report, and all other data, materials, or record evidence (to date) pertaining to the requested special exception shall be sent by the Planning Director to the ZHE.
- (B)The original application for special exception, along with any support materials and the Technical Staff Report, shall be made available for public review and copying at least 30 days prior to the public hearing in the office of the ZHE.
- (6)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice. In addition:
- (A)The Zoning Hearing Examiner shall establish the date of the public hearing for an adaptive use of a Historic Site not less than one hundred twenty (120) days after the date upon which the application was filed.
- (B)Request to Delay Hearing
- (i)Should the Planning Director determine that it is in the public interest to delay the hearing date established by the Zoning Hearing Examiner, the Planning Director may request, prior to the transmittal date (paragraph 27-3604(d)(5)(A), above), that the Zoning Hearing Examiner approve the delay. The request shall be in writing and shall demonstrate good cause for the delay. The Zoning Hearing Examiner may approve the request (by administrative action) and notify the Planning Director and the applicant of the re-designated hearing date.
- (ii)The People's Zoning Counsel or any person of record may request the continuance of a hearing under this Section. The Zoning Hearing Examiner shall grant a continuance if a required Technical Staff Report has not been filed at least thirty (30) days before the scheduled hearing. If a continuance is granted for this reason, the Zoning Hearing Examiner may not hear the case until at least thirty (30) days after the Technical Staff Report has been filed.
- (7)Review and Decision by Zoning Hearing Examiner
See Section 27-3409, Review and Decision by Decision-Making Body or Official.
After the receipt of the Technical Staff Report, the ZHE shall provide notice, schedule, and conduct an evidentiary hearing on the application in accordance with Section 27-3412, Evidentiary Hearing, and make a decision in accordance with Section 27-3604(e), Required Findings. The decision shall be in writing and shall include written findings of material facts and conclusions that support one of the following decisions:
- (A)Approve the application as submitted;
- (B)Approve the application subject to conditions of approval; or
- (C)Disapprove the application.
- (8)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (9)Notification
See Section 27-3416, Notification, except ZHE notifies instead of Planning Director.
- (10)Appeal and Election
Optional (see Section 27-3417, Appeal).
- (A)The applicant or any aggrieved person of record may appeal the ZHE's decision by filing a notice of appeal with the District Council within 30 days of the decision.
- (B)The ZHE’s decision on a special exception application shall be reviewed by the District Council if the ZHE’s decision conflicts with the recommendation of a municipality in which any portion of the land subject to the application is located.
- (C)In addition, the District Council may, on its own motion, elect to review the ZHE’s decision on the special exception, within 30 days of the mailing of notice of the ZHE’s decision, in accordance with Section 27-3605(d)(9), Notification.
- (D)The ZHE shall transmit to the District Council the special exception application hearing record within seven days after the appeal is filed, the review is required in accordance with Subsection 27-3604(d)(10)(B), above, or the District Council elects to review the ZHE’s decision in accordance with subsection 27-3604(d)(10)(C), above. This shall constitute the record on appeal or election to review.
- (E)The Clerk of the Council shall schedule and provide notice of the public hearing on the appeal or election to review, as appropriate, in accordance with Section 27-3407, Scheduling of Hearings and Public Notice.
- (F)The District Council shall hold a public hearing in accordance with Section 27-3414, Oral Argument Hearing, within 70 days after the ZHE transmits the hearing record. The District Council may extend the time to hold a hearing for up to 45 additional days, on its own motion, or on request of the appellant or a party of record.
- (G)Within 60 days after the close of the hearing, the District Council shall render a final decision.
- (H)If the District Council fails to act within the specified time, the ZHE’s decision is automatically affirmed.
- (I)If the decision is reviewed in accordance with Subsection 27-3604(d)(10)(B), above, approval of the special exception shall require a two-thirds majority vote of the full Council.
- (J)The District Council may remand the matter to the ZHE, once, in accordance with State law.
- (K)The District Council shall provide its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the ZHE.
- (11)Post-Decision Actions
- (A)Effect
No use approved as a special exception in accordance with this Subsection, and no building or structure used in connection with an approved special exception use, shall be erected, enlarged, altered, or extended beyond the terms and conditions authorized in the special exception approval, unless provided for in this Section.
- (B)Tracking Procedures
- (i)Within a reasonable period of time after approval of a special exception, the Planning Director shall identify it on the Official Zoning Map.
- (ii)If a special exception approval is nullified or expires, its nullification or expiration shall be noted on the Official Zoning Map and all other relevant County files, by the Planning Director.
- (C)Effect of Rezoning On Approved Special Exception
When any land, or portion thereof, upon which a special exception has been approved is reclassified to a zoning category different from that category in which it was classified at the time the special exception was approved, the following shall apply:
- (i)If, at the time of the rezoning, the approved use requires approval of a special exception in the new zone, and the specific special exception requirements governing the use are the same in both zones, the special exception, as approved, shall remain in full force and effect.
- (ii)If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a special exception with different requirements, and the use or construction authorized by the special exception has commenced and has not ceased, the special exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this paragraph shall be subject to Sections 27-3604(i), Changes to Approved Special Exception and 27-3604(j), Revocation or Modification of Approved Special Exception.
- (iii)Notwithstanding any of the above, in the case of a commercial recreational attraction if, at the time of the rezoning, the commercial recreational attraction is not permitted in the new zone, the approved special exception site plan (or detailed site plan) and any conditions shall continue in full force and effect as to that portion of the property subject to the special exception site plan which remains in the zone permitting the commercial recreational attraction as a special exception use. Any improvement, use, structure, screen, or buffer located in whole or in part on the property placed in the new zone may also continue to be used in conjunction with the special exception until that property is developed for another use or removed from the approved special exception site plan (or detailed site plan). However, if the new zone to which the commercial recreational attraction has been rezoned is subsequently amended to permit the commercial recreational attraction by special exception, then the original approved special exception, as well as the original special exception site plan (subject to any revisions which have been approved), shall be deemed reinstated on the entire property provided:
- (aa)The entire property is under single ownership; and
- (bb)The area and configuration of the entire property remain unchanged.
- (iv)If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a special exception with different requirements, and the use or construction authorized by the special exception has not commenced or has ceased, the special exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
- (v)If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a special exception, the special exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property.
- (vi)If a special exception is approved for property owned by the State or Federal Government in the AG Zone, the special exception shall remain valid upon placement of the property in the ROS Zone as a result of a conveyance of the property, and the special exception use shall remain applicable to the requirements of the AG Zone.
- (D)Effect of Legislative Amendment on Approved Special Exception
- (i)When an amendment to the text of the Zoning Ordinance is enacted that negates the need for a special exception which has previously been approved, the special exception shall terminate and all current provisions of the zone shall apply to further use and development of the property, in accordance with the procedures set forth below.
- (ii)If a special exception is terminated pursuant to Subsection 27-3604(d)(11)(D)(i), above, an owner of property so affected may petition the Planning Director requesting that the special exception be officially nullified. Any such request shall be accompanied by a written statement setting forth the relevant facts supporting the petition, as well as true-test copies of the approved special exception and site plan, and the legislative amendment terminating the special exception. Notwithstanding the above, if the Planning Director discovers through other review procedures that a special exception is no longer required for the property, the Director may initiate procedures for termination of the special exception.
- (aa)Upon the Planning Director's determination that a legislative amendment has terminated a special exception, the Director shall make a written finding setting forth the grounds upon which the determination is made.
- (bb)If the Planning Director finds that a special exception has not terminated, the applicant may file an appeal to the Planning Board within twenty (20) calendar days after the date of the Planning Director's action.
- (cc)Upon the approval of a request to nullify a special exception, by either the Planning Director or the Planning Board, said action shall be noted on the official zoning map for Prince George's County and in all of the files regarding nullified special exceptions maintained by either the Planning Board, the Zoning Hearing Examiner, or the District Council.
- (E)Extension of Time Limit
- (i)In order to extend a time limit which is imposed in this Subtitle for a particular use, a new special exception must be approved.
- (ii)In order to extend a time limit which is imposed as a condition of a special exception approval, a new special exception application need not be filed. The extension may be approved in accordance with the requirements and procedures of Section 27-3604(h), Changes to Approved Special Exceptions: Major Changes.
- (F)Reconsideration of Final Decision
- (i)Once a final decision on a special exception application has been made, the decision may be reconsidered upon request filed by either the applicant or other person of record within thirty (30) days of the final decision, if, based on the written request, whomever made the final decision (the Zoning Hearing Examiner or District Council) finds that there may have been an error in reaching the final decision that was caused by fraud, surprise, mistake, or inadvertence. The person of record filing the request for reconsideration of a special exception decision shall, upon filing the request, send a copy to all other persons of record.
- (ii)Prior to reconsidering a decision, a public hearing shall be held on the matter by whomever made the final decision (Zoning Hearing Examiner or District Council).
- (aa)If the District Council determines there may be grounds for reconsideration of their final decision, the Clerk of the Council shall schedule an evidentiary hearing on the request.
- (I)After hearing, the District Council shall first vote to reconsider their final decision and, if an affirmative motion is adopted, vote on a new decision.
- (bb)If the Zoning Hearing Examiner determines there may be grounds for reconsideration of a decision of the Zoning Hearing Examiner that became final, the Zoning Hearing Examiner shall conduct a public hearing in accordance with Section 27-3604(d)(6), Scheduling Public Hearing and Public Notice.
- (II)After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
- (III)Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's decision with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
- (e)Required Findings
- (1)A special exception may only be approved if:
- (A)The proposed use and site plan are in harmony with the purpose of this Subtitle;
- (B)The proposed use is in conformance with all the applicable requirements and regulations of this Subtitle;
- (C)The proposed use and site plan will not substantially impair the integrity of any validly approved Area Master Plan, Sector Plan, or Functional Master Plan, or, in the absence of an Area Master Plan, Sector Plan, or Functional Master Plan, the General Plan;
- (D)The proposed use will not adversely affect the health, safety, or welfare of residents or workers in the area;
- (E)The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood; and
- (F)The proposed site plan is in conformance with an approved Type 2 Tree Conservation Plan;
- (G)The proposed site plan demonstrates the preservation and/or restoration of the regulated environmental features in a natural state to the fullest extent possible in accordance with the requirements of Section 24-4303(d)(5) of Subtitle 24: Subdivision Regulations; and
- (H)The proposed use and site plan comply with applicable regulations of PART 27-6: Development Standards.
- (2)In addition to the above required findings, in a Chesapeake Bay Critical Area Overlay (CBCAO) Zone, a special exception shall not be granted:
- (A)Where the existing lot coverage in the CBCAO exceeds that allowed by this Subtitle, or
- (B)Where granting the special exception would result in a net increase in the existing lot coverage in the CBCAO.
- (f)Changes to Approved Special Exceptions: In General
- (A)No use allowed as a special exception, and no building or structure used in connection with that use, shall be erected, enlarged, altered, or extended beyond the limits authorized in the approval of the special exception, unless provided for in this Section.
- (B)If a use other than one allowed by special exception is proposed for property on which there is an existing approved special exception use, and if the other use involves any changes to improvements shown on the approved site plan for the special exception use, the site plan must still be revised in accordance with this Section in order for the special exception use to continue.
- (C)Changes to approved special exceptions solely to add one or more electric vehicle charging stations shall not require the filing and approval of new applications and may be reviewed and approved by the DPIE Director. Following approval by the DPIE Director, the applicant shall submit a copy of the revised special exception site plan to the Office of the ZHE for inclusion in the record.
- (g)Changes to Approved Special Exceptions: Alterations, Enlargements, Extensions, and Revisions
- (A)All alterations, enlargements, extensions or revisions of special exception uses (including enlargements in land area and area of improvements, revisions of a site plan and in the configuration of land area, and extensions of time) shall require the filing and approval of a new application for the applicable special exception use, except as specifically provided for in this Section.
- (B)The new application shall include the entire land area covered by the original application, unless the new application is only for the purpose of adding land not covered by the original application. In this case, the new application may include only the land area being added, provided that the application fully demonstrates the relationship of development shown on both the new and originally approved site plans.
- (C)Any use or activity approved as an adaptive reuse of a surplus public school shall be limited to the land area covered by the original application, and no new application may be filed for the purpose of adding land not covered by the original application.
- (h)Changes to Approved Special Exceptions: Major Changes
- (A)The District Council may (for good cause) amend any imposed condition or approved site plan without requiring a new application if the amendment does not constitute an enlargement or extension of a special exception use.
- (i)In the case of an amendment of a condition (imposed as a part of the approval of a special exception), the amendment request shall be directed (in writing) to the District Council and filed with the Clerk of the Council. The Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-3604(d)(6), Scheduling Public Hearing and Public Notice. The Technical Staff shall analyze the proposed amendment and submit a report to the Zoning Hearing Examiner at least fourteen (14) days prior to the public hearing. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
- (ii)In the case of an amendment of an approved special exception site plan, the amendment request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit a revised site plan and shall pay the required fee. The Technical Staff shall analyze the proposed amendment, taking into consideration the requirements of this Subtitle, and shall submit (for the record) a recommendation. The recommendation and the proposed amendment shall be transmitted by the Technical Staff directly to the Zoning Hearing Examiner and the District Council at least fourteen (14) days prior to the public hearing on the request held by the Zoning Hearing Examiner in accordance with Section 27-3604(d)(6), Scheduling Public Hearing and Public Notice. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
- (B)The District Council may permit the amendment of a site plan for a public utility use or structure (approved in accordance with Section 27-5402(zz), Public Utility Use or Structure) without requiring a new application if the Council finds that the amendment is necessary for the public convenience and service, and will not have an adverse impact on the area and adjacent property. The amendment may be an enlargement or extension of a building or structure but may not be an increase in total area or change in the configuration of the property. In this latter case, the request to amend shall be in the form of a special exception application filed with the Planning Board, in the same manner as required for an original application. The Technical Staff shall analyze the proposed amendment, taking into consideration the requirements of this Subtitle, and shall submit (for the record) a recommendation. The recommendation and the proposed amendment shall be transmitted by the Technical Staff directly to the Zoning Hearing Examiner and the District Council. The Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-3604(d)(6), Scheduling Public Hearing and Public Notice. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
- (i)Changes to Approved Special Exceptions: Minor Changes
The ZHE, Planning Director, and any municipality to which such authority has been delegated may approve minor changes to an approved special exception, in accordance with the following (municipalites with delegated authority may approve any of the minor changes listed in Subsections 27-3604(i)(2) and 27-3604(i)(3), below):
- (1)Posted Notice
The land subject to the minor change shall be posted with notice within fourteen (14 ) days of the date the application is determined complete (see Section 27-3404, Determination of Completeness), in accordance with Section 27-3407(b)(6), Posted Notice. The Planning Director may waive posting after determining, in writing, that the proposed minor change is so limited in scope and nature that it has no appreciable impact on adjacent lands. On and after the first day of posting, the application may not be amended.
- (2)Changes Approved by ZHE
- (A)The ZHE may review and approve, approve with conditions, or disapprove the following minor changes:
- (i)An increase of no more than fifteen (15) percent in the gross floor area of a building; or
- (ii)An increase of no more than fifteen (15) percent in the land area covered by a structure other than a building.
- (B)The ZHE shall review and make a decision on the application for minor change in accordance with Section 27-3604(e), Required Findings.
- (C)A copy of the ZHE’s decision shall be sent to all persons of record, the Clerk of the Council, and every municipality located within one mile of the land subject to the application.
- (3)Changes Approved by Planning Director
- (A)The Planning Director may review and approve, approve with conditions, or disapprove a minor change that involves:
- (i)An increase in gross floor area or land covered by a structure (other than a building) up to ten (10) percent, if the change does not have a significant impact on adjacent lands;
- (ii)A minor change required to allow for an approved special exception to comply with the requirements of Subtitle 32, Division 2: Grading, Drainage and Erosion and Sediment Control, of the County Code;
- (iii)New or alternative architectural plans that are equal or superior to those originally approved, in terms of overall size and quality;
- (iv)Changes required by engineering necessity to grading, utilities, stormwater management, or related plan elements;
- (v)The redesign of parking or loading areas;
- (vi)The redesign of a landscape plan; or
- (vii)Changes to any other plan element determined by the Planning Director to have minimal effect on the overall design, layout, quality, or intent of the approved site plan.
- (B)The Planning Director shall review and make a decision on the application for minor change in accordance with Section 27-3604(e), Required Findings, and Section 27-3604(i)(3)(C) below.
- (C)With respect to the minor change identified in Section 27-3604(i)(3)(A)(ii) above, the Planning Director shall review and make a decision on the application for minor change in accordance with the following standards:
- (i)The changes are the minimum necessary to conform to the approved plans for the required erosion/sediment control or stormwater management facilities;
- (ii)The changes do not include the relocation of stormwater management facilities onto land not proposed for development; and
- (iii)The agency or municipality having jurisdiction over approval of the erosion/sediment control or stormwater management plans have advised, in writing, that development in accordance with the approved special exception would result in a violation of erosion/sediment control or stormwater management regulations.
- (D)A copy of the Planning Director’s decision shall be sent to all persons of record, the Clerk of the Council, and every municipality located within one mile of the land subject to the application.
- (4)All Other Changes
All other changes pertaining to approved special exceptions shall require the filing and approval of a new application for the applicable special exception use.
- (j)Revocation or Modification of Approved Special Exception
- (1)Initiation
The DPIE Director may, on their own initiative or upon the request of any person of record, petition the District Council to revoke, modify, suspend, or impose additional conditions on an approved special exception, for the following reasons:
- (i)The provisions in the approved special exception have not been complied with; or
- (ii)The approved special exception has not been used for any two-year period after the date of the original approval, except where the conditions of nonuse are beyond the control of the grantee of the special exception.
The petition shall include pertinent facts and conclusions, and a recommended action.
- (2)Procedure
- (i)The DPIE Director shall transmit a copy of the petition to the Planning Director at the time of its submission to the ZHE. The DPIE Director shall also transmit a copy of the petition, by first-class mail, to the landowner(s), and to the applicant if different from the landowner. A copy of the petition shall also be transmitted by mail to each municipality, if any part of the land subject to the special exception is located within the municipal boundaries or is located within one mile of the municipality, and to civic associations that have selected the area as one of their areas of interest.
- (ii)Within ninety (90) days of receipt of the petition, the ZHE shall conduct a public hearing on the petition in accordance with the notice and hearing requirements of Section 27-3604, Special Exception. All persons of record at the time the special exception was approved shall be included in the required notification. At least thirty (30) days prior to the public hearing, the original special exception file, along with all pertinent information relating to the petition, shall be available for public examination in the office of the ZHE.
- (iii)No later than ten (10) days prior to the ZHE's hearing, the Planning Director may submit a recommendation or other material for the record.
- (iv)The ZHE may hold the record open for up to sixty (60) days following the conclusion of the hearing. Within thirty (30) days of the closing of the record, the ZHE shall file a decision.
- (v)The ZHE may (in conjunction with the revocation or modification) order any use and occupancy permit or temporary use permit issued for the special exception to be revoked or modified.
- (vi)Revocation of a special exception also constitutes revocation of any variances granted for the use.
- (3)Conditions
The ZHE may revoke, modify, suspend, or impose additional conditions on a special exception if the ZHE finds that the conditions in Section 27-3604(j)(1), above, apply.
- (4)Appeal
Any person of record may appeal the ZHE’s decision to the District Council within thirty (30) days of the decision.
27-3605. Detailed Site Plan
(a)
Applicability
- (1)Detailed site plan approval is required prior to the issuance of a building permit for any development, unless exempted in accordance with Section 27-3605(a)(2) below.
- (2)Unless associated with a parent application, the following types of development are exempt from the requirements of detailed site plan review but shall be required to file for all other appropriate permits and demonstrate compliance with the regulations of this Zoning Ordinance:
- (A)Permits for alteration with no increase in the gross floor area;
- (B)Permits for additions or alterations of residential dwelling units on land owned by a cooperative housing corporation;
- (C)
- (D)Fences and walls;
- (E)Decks, gazebos, patios, or other improvements typically associated with residential development;
- (F)Generators or other mechanical equipment for operation of permitted uses on-site;
- (G)
- (H)Signage;
- (I)Resurfacing, restriping, or adding landscaping and/or stormwater management facilities to existing parking and loading facilities;
- (J)Restoration or reconstruction of a nonconforming building or structure (a special exception shall be required to restore or reconstruct a nonconforming building or structure);
- (K)Changes in use or occupancy and/or ownership, including but not limited to exemptions contained in Section 27-3608(b)(2);
- (L)
- (M)Construction, expansion, or alteration of single-family detached, two-family, and/or three-family dwelling;
- (N)Construction, expansion, or alteration of townhouse and/or multifamily dwelling development of less than ten (10) units;
- (O)Construction, expansion, or alteration of nonresidential development consisting of less than a total of twenty-five thousand (25,000) square feet of gross floor area;
- (P)Construction, expansion, or alteration of mixed-use development with less than ten thousand (10,000) square feet of gross floor area and/or less than ten (10) dwelling units; and
- (Q)Construction of one or more electric vehicle charging stations.
(b)
Detailed Site Plans Generally
- (1)Detailed site plans are reviewed and decided by the Planning Board in accordance with Section 27-3605(d), Detailed Site Plan Procedure. Appeals may be taken on the Planning Board’s decision to the District Council.
- (2)The initial development of property in a planned development (PD) zone shall be subject to a detailed site plan, regardless of the amount of development proposed.
- (3)Places of worship located on a lot between 1 and 2 acres in size shall require approval of a detailed site plan.
- (4)The alteration, extension, or enlargement of Recreation/Entertainment and Community Service Uses associated with certified nonconforming multifamily dwellings, for the sole use of residents and their guests, shall require approval of a detailed site plan.
- (5)An applicant may submit a detailed site plan for infrastructure in order to proceed with limited site improvements. These improvements must include infrastructure which is essential to the future development of the site, including streets, utilities, or stormwater management facilities. Only those regulations, submittal requirements, and site design guidelines which are applicable shall be considered. The Planning Board may also consider the proposal in light of future requirements, such that the plan cannot propose any improvements which would hinder the achievement of the purposes of the zones, the purposes of this Part, or any conditions of previous approvals in the future. The Planning Board shall also consider any recommendations by the Department of Permitting, Inspections, and Enforcement and the Prince George's Soil Conservation District.
(c)
Submittal Requirements
- (1)The detailed site plan application shall be submitted to the Planning Director by the owner of the property or his authorized representative.
- (2)The detailed site plan shall be prepared by a licensed professional engineer, architect, landscape architect, land use planner, or other designee by the Planning Director.
- (3)Upon filing the application, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application.
- (4)If more than one (1) drawing is used, all drawings shall be at the same scale (where feasible).
- (5)A detailed site plan application shall include the following (unless otherwise waived by the Planning Director):
- (A)A signed application form, which shall include:
- (i)The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
- (ii)The requested use of the property;
- (iii)The street address of the property, name of any municipality the property is in, and name and number of the Election District the property is in;
- (iv)The total area of the property (in either acres or square feet);
- (v)The property's lot and block number, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers.
- (vi)The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation must be signed by those officers empowered to act for the corporation; and
- (vii)The name, address, and telephone number of the correspondent.
- (B)A vicinity map;
- (C)A zoning sketch map with the subject property outlined in red;
- (D)A copy of the applicant’s informational mailing letter, list of addresses, and signed affidavit of mailing;
- (E)Any required State Ethics Commission affidavits (when accompanied by a variance);
- (F)One copy of a detailed site plan, which shall include the following:
- (i)Location map, north arrow, and scale;
- (ii)A property boundary survey, using bearings and distances (in feet); and either the subdivision lot and block, or liber and folio numbers, outlined in red;
- (iii)Zoning categories of the subject property and all adjacent properties;
- (iv)Locations and types of major improvements that are within fifty (50) feet of the subject property and all land uses on adjacent properties;
- (v)An approved Natural Resource Inventory;
- (vi)Street names, rights-of-way, and pavement widths of existing streets and interchanges within and adjacent to the site;
- (vii)Existing rights-of-way and easements (such as railroad, utility, water, sewer, access, and storm drainage) within and adjacent to the site;
- (viii)A Type 2 Tree Conservation Plan prepared in conformance with Division 2 of Subtitle 25 and The Woodland and Wildlife Habitat Conservation Technical Manual, or a Standard Letter of Exemption;
- (ix)A statement of justification detailing;
- (aa)How the property conforms to the requirements of the Zoning Ordinance and Subdivision Regulations, as applicable, including all conditions of approval in any development approvals and permits to which the detailed site plan is subject;
- (bb)How the proposed design preserves and restores the regulated environmental features in a natural state to the fullest extent possible, in accordance with the requirements of Subtitle 24: Subdivision Regulations;
- (cc)How any land intended for public use, but not proposed to be in public ownership, will be held, owned, and maintained for the indicated purpose (including any proposed covenants or other documents); and
- (dd)How the development proposed in the detailed site plan can exist as a unit capable of sustaining an environment of continuing quality and stability.
- (x)An approved stormwater management concept plan and approval letter, and any other documentation relating to any stormwater management facilities located off-site of the proposed development but which will serve the proposed development;
- (xi)Proposed system of internal streets including rights-of-way and pavement widths;
- (xii)Proposed lot lines and the dimensions (including bearings and distances, in feet) and the area of each lot;
- (xiii)Exact location and size of all buildings, structures, sidewalks, paved areas, parking lots (including striping), and designation of waste collection storage areas; and the use of all buildings, structures, and land;
- (xiv)Proposed grading, using one- or two-foot contour intervals, and any spot elevations that are necessary to describe high and low points, steps, retaining wall heights, and swales;
- (xv)A landscape plan prepared in accordance with the provisions of the Landscape Manual showing the exact location and description of all plants and other landscaping materials, including size (at time of planting), spacing, botanical and common names (including description of any plants that are not typical of the species), and planting method;
- (xvi)Exact location, size, type, and layout of all proposed recreation facilities;
- (xvii)Exact location and type of such accessory facilities as paths, walks, walls, fences (including widths or height, as appropriate), entrance features, and gateway signs;
- (xviii)Architectural elevations of facades for all sides of all proposed buildings, preliminary floor plans, and other illustrative drawings, photographs, or renderings deemed appropriate by the Planning Director;
- (xix)A circulation plan in accordance with Section 27-6204, Circulation Plan or Site Plan Required;
- (xx)A parking plan in accordance with Section 27-6303, Parking Plan or Site Plan Required;
- (xxi)A lighting plan, including a photometric plan, in accordance with Section 27-6703, Lighting Plan;
- (xxii)
- (xxiii)A noise study prepared by a qualified professional to demonstrate compliance with Section 27-6810, Noise Control;
- (xxiv)A signage plan;
- (xxv)Identification of all proposed green building requirements in accordance with Section 27-61603, Green Building Standards; and
- (xxvi)Any other pertinent information.
(d)
Detailed Site Plan Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to development applications for a detailed site plan. Figure 27-3605(d) identifies key steps in the detailed site plan procedure.
Figure 27-3605(d): Detailed Site Plan Procedure (Illustrative) | ||||||||||||||||||||||||||||||||||||||||
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- (1)Pre-Application Conference
See Section 27-3401, Pre-Application Conference.
- (2)Pre-Application Neighborhood Meeting
See Section 27-3402, Pre-Application Neighborhood Meeting.
- (3)Application Submittal
See Section 27-3403, Application Submittal.
- (4)Determination of Completeness
See Section 27-3404, Determination of Completeness.
- (5)Staff Review and Action
See Section 27-3406, Staff Review and Action. After staff review and evaluation of the application, the Planning Director shall prepare a Technical Staff Report, which shall include a recommendation on the application.
- (6)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice.
- (7)Review and Decision by Decision-Making Body or Official
See Section 27-3409, Review and Decision by Decision-Making Body or Official.
- (A)The Planning Board shall conduct a public hearing on the application in accordance with Section 27-3412, Evidentiary Hearing, and make a decision in accordance with Section 27-3605(e), Detailed Site Plan Decision Standards.
- (B)The decision shall be one of the following:
- (i)Approve the detailed site plan;
- (ii)Approve the detailed site plan, subject to conditions of approval; or
- (iii)Disapprove the detailed site plan.
- (C)The Planning Board's decision shall be by resolution. The resolution shall set forth the Planning Board's findings and conclusions upon which the decision is based.
- (D)The Planning Board shall approve, approve with modifications, or disapprove the detailed site plan within seventy (70) calendar days after the application is determined to be complete. The month of August and the period between and inclusive of December 20 and January 3 shall not be included in calculating this seventy (70) calendar day period. If no action is taken within seventy (70) calendar days, the detailed site plan shall be deemed to have been approved. The applicant may (in writing) extend the seventy (70) calendar day requirement to provide for some longer specified review period not to exceed forty-five (45) additional calendar days, or such other additional time period as determined by the applicant.
- (E)A detailed site plan approval shall not be included as a condition in a preliminary plan of subdivision unless so otherwise provided by law. When a detailed site plan is not required, the Planning Board may impose a limited development review as a condition of approval to a preliminary plan of subdivision.
- (8)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (9)
- (10)Appeal and Election
Optional (see Section 27-3417, Appeal).
- (A)The applicant or any aggrieved person may appeal the Planning Board's decision to the District Council, by filing a notice of appeal with the Clerk of the Council within thirty (30) days of the mailing of notice of the Planning Board’s decision, in accordance with Section 27-3605(d)(9), Notification. A copy of the appeal shall be sent by the appellant to all persons of record (by regular mail, and a certificate of service shall accompany the submission to the Clerk of the Council.
- (B)In addition, the District Council may, on its own motion, elect to review the Planning Board’s decision on the detailed site plan, within thirty (30) days of the mailing of notice of the Planning Board’s decision, in accordance with Section 27-3605(d)(9), Notification.
- (C)The Planning Board shall transmit to the District Council within seven (7) calendar days after the appeal is filed, or the District Council elects to review the Planning Board’s decision, the detailed site plan application and all material and evidence submitted for consideration by the Planning Board, a transcript of the public hearing on the application, and any additional information or explanatory material deemed appropriate. This shall constitute the record on appeal or election to review.
- (D)The Clerk of the Council shall schedule and provide notice of an oral argument hearing on the appeal or election to review in accordance with Section 27-3407, Scheduling of Hearings and Public Notice.
- (E)The District Council shall hold a public hearing in accordance with Section 27-3414, Oral Argument Hearing. Within sixty (60) days of the date the appeal petition is filed or the District Council elects to review the detailed site plan application, the District Council shall affirm, reverse, or modify the decision of the Planning Board, or remand the detailed site plan application one time to the Planning Board to take further testimony, and/or consider specific issues that are expressly stated in writing in the remand order and based on the record. The Planning Board’s action on the remand request shall become part of the record on appeal. The Council’s decision on the appeal shall be based on the record on appeal or election review, and be in accordance with the standards in Subsection 27-3605(d)(10)(F), below.
- (F)For detailed site plan applications remanded to the Planning Board by the District Council, the Planning Board shall approve, approve with modifications, or disapprove the detailed site plan within sixty (60) days of the transmittal date of the notice of remand by the Clerk of the Council. The month of August and the period between and inclusive of December 20 and January 3 shall not be included in calculating this sixty (60) day period.
- (G)If the Council fails to act within the time limits in Subsection 27-3605(d)(10)(E), above, the Planning Board's decision is automatically affirmed.
- (H)The Council shall provide its decision in writing, stating the reasons for its action. Copies of the decision shall be sent by the Clerk of the Council to all persons of record and the Planning Board.
- (11)Post-Decision Actions
- (A)Effect of Approval
After a detailed site plan is approved, the applicant may:
- (i)Apply for subdivision approval in accordance with Subtitle 24: Subdivision Regulations, if subdivision approval is required and has not occurred; and
- (ii)Apply for any other development approvals or permits required by this Ordinance and the County Code.
- (B)Minor Amendments to Approved Detailed Site Plans
- (i)The Planning Director may approve minor amendments to approved detailed site plans in accordance with this Subsection, Table 27-3407(b): Required Public Notice, and Section 27-3605(e), Detailed Site Plan Decision Standards.
- (ii)Minor amendments to approved detailed site plans are limited to the following:
- (aa)An increase of up to ten (10) percent in the gross floor area of a building over the life of the development approval;
- (bb)An increase of up to ten (10) percent in the land area covered by a structure other than a building;
- (cc)The redesign of parking or loading areas due to either changes required by engineering necessity to grading, utilities, stormwater management, or related plan elements, or changes that result in more efficient parking lot design or improve the pedestrian accessways within the parking lot;
- (dd)The redesign of a landscape plan due to changes required by engineering necessity to grading, utilities, stormwater management, or related plan elements, or changes that increase protection of existing tree canopy, increase the landscaping on the site, or improve stormwater management or water quality;
- (ee)New or alternative architectural plans that are equal or superior to those originally approved, in terms of overall quality;
- (ff)Other changes required by engineering necessity to grading, utilities, stormwater management, or related plan elements; or
- (gg)Changes to any plan element requested by PEPCO or any other similar utility provider if the amendment is necessary for the efficient and safe installation of the utility or infrastructure.
- (iii)Notwithstanding Subsections (i) and (ii), above, the DPIE Director may approve minor amendments to approved detailed site plans if the proposed amendments are limited solely to the construction of one or more electric vehicle charging stations. Public notice is not required for this limited minor amendment. Following approval by the DPIE Director, the applicant shall submit a copy of the revised detailed site plan to the Planning Director for inclusion in the record.
- (C)Amendment
An amendment of an approved detailed site plan which exceeds the thresholds specified in Subsection 27-3605(d)(11)(B), Minor Amendments to Approved Detailed Site Plans, above, may only be reviewed in accordance with the procedures and standards established for its original approval.
- (D)Lapse of Approval
- (i)An approved detailed site plan is valid for six (6) years.
- (aa)If construction has not begun at the end of this period, the detailed site plan lapses and has no effect. For the purposes of this Subsection, construction is considered to have begun when all necessary excavation and piers and footings (of at least one building included in the plan) is completed.
- (ii)If the detailed site plan approval lapses, the applicant may resubmit an application for a detailed site plan, which shall be reviewed as a new application.
- (e)Detailed Site Plan Decision Standards
A detailed site plan may only be approved upon a finding that all of the following standards are met:
- (1)The proposed development represents a reasonable alternative for satisfying the applicable standards of this Subtitle without requiring unreasonable costs and without detracting substantially from the utility of the proposed development for its intended use;
- (2)All conditions of approval in any development approvals and permits previously approved for the property have been considered and imposed as necessary to satisfy the applicable standards of this Subtitle;
- (3)The proposed development demonstrates the preservation and/or restoration of the regulated environmental features in a natural state, to the fullest extent possible, in accordance with the requirements of Section 24-4303(D)(5) of Subtitle 24: Subdivision Regulations;
- (4)Proposed development located within a Planned Development (PD) zone shall be in conformance with the PD Basic Plan and PD Conditions of Approval that apply to that development;
- (5)The proposed development conforms to an approved Tree Conservation Plan, if applicable;
- (6)The development proposed in a detailed site plan for infrastructure complies with applicable regulations of PART 27-6: Development Standards, prevents offsite property damage, and prevents environmental degradation to safeguard the public's health, safety, welfare, and economic well-being for grading, reforestation, woodland conservation, drainage, erosion, and pollution discharge;
- (7)Places of worship located on a lot between one (1) and two (2) acres in size shall also meet the following standards:
- (A)The minimum setback for all buildings shall be twenty-five (25) feet from each lot line;
- (B)When possible, there should be no parking or loading spaces located in the front yard; and
- (C)The maximum allowable lot coverage for the zone in which the use is proposed shall not be increased.
- (8)
Notwithstanding any other provision in this Section to the contrary, in determining whether to approve an alteration, extension, or enlargement of a legal conforming building, structure, or use filed in conformance with Section 27-1707(c), the Planning Board shall find that the proposed alteration, extension, or enlargement will benefit the development and will not substantially impair implementation of any applicable area master plan or sector plan.
27-3606. Sign Permit
(a)
(b)
Applicability
- (1)The procedures and standards in this Section apply to the review of and decision on applications for sign permits.
- (2)Unless exempted in accordance with Section 27-61502(b), Exemptions, or unless a sign permit is not required in accordance Section 27-61502(c), Exemptions from Sign Permits, approval of a sign permit is required before any sign is erected, installed, displayed, structurally altered, or otherwise changed.
(c)
Sign Permit Submittal Requirements
- (1)Except as provided in Section 27-61500, Signage, Signs shall not be displayed unless a permit has been issued by the Department of Permitting, Inspections, and Enforcement.
- (2)An application for a sign permit shall be submitted on forms provided by the Department of Permitting, Inspections, and Enforcement.
- (3)Each application shall be accompanied by plans, sketches, or photographs which indicate the following:
- (A)Size and location of the sign;
- (B)Design of the sign;
- (C)Sign contents;
- (D)Method of erecting the sign; and
- (E)Any other information the DPIE Director may require to ensure compliance with this Subtitle and any other regulations of the County.
- (4)For freestanding signs, architectural drawings and design criteria shall also be provided.
(d)
Sign Permit Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to development applications for a sign permit. Figure 27-3606(c) identifies key steps in the sign permit procedure.
Figure 27-3606(c): Sign Permit Procedure (Illustrative) | ||||||||||||||||||||
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- (1)Application Submittal
See Section 27-3403, Application Submittal. Applications for sign permits shall be submitted to the DPIE Director.
- (2)Determination of Completeness
See Section 27-3404, Determination of Completeness. The DPIE Director determines whether the application is complete.
- (3)Staff Review and Action
See Section 27-3406, Staff Review and Action. After staff review and evaluation of the application, and referral to the Planning Director for comment, the DPIE Director shall review and make a decision on the application in accordance with Section 27-3606(e), Sign Permit Decision Standards. The decision shall be one of the following:
- (A)Approve the application as submitted;
- (B)Approve the application subject to conditions of approval; or
- (C)Disapprove the application. If the application is denied, a written statement shall be included with the application stating the reasons why the application does not comply with the decision standards.
No sign permit shall be issued until the application has been referred to the Planning Board (or its authorized representative) for review and recommendations with respect to the requirements of this Subtitle. Any permit issued without this review and recommendation is invalid.
No sign permit shall be recommended for approval until after the expiration of the specified appeal period from a Planning Board decision concerning the subject property of the sign permit, unless the right of appeal has been waived; nor shall any sign permit be recommended for approval during the pendency of any appeal to, or review by, the District Council.
- (4)Notification
See Section 27-3416, Notification.
- (5)Appeal
Optional (see Section 27-3417, Appeal). The applicant may appeal the DPIE Director's decision on an application for a sign permit to the BOA in accordance with Section 27-3616, Appeal to Board of Appeals.
- (6)Post-Decision Actions
- (A)Lapse of Approval
- (i)If the work described in any sign permit has not begun within six (6) months from the date of its approval, the sign permit shall expire and be void.
- (ii)Upon written application submitted by the applicant at least thirty (30) days prior to the expiration of an approved sign permit and upon a showing of good cause, the DPIE Director may grant one (1) extension of time, not to exceed six (6) months.
- (B)Revocation of Sign Permits
All sign permits are only licenses, and are revocable at any time by the DPIE Director for failure to meet any of the requirements of this Part. The failure to comply with any of the regulations, or a valid order by the DPIE Director shall subject the owner or user of the sign to the penalties prescribed by PART 27-8, Enforcement
- (e)Sign Permit Decision Standards
An application for a sign permit may only be approved upon a finding the applicant demonstrates the proposed sign complies with all applicable standards in Section 27-61500, Signage, all other relevant requirements of this Ordinance, and all development approvals and permits to which the proposed sign is subject.
27-3607. Temporary Use Permit
(a)
General
This Section establishes a uniform mechanism for ensuring that proposed temporary uses comply with the standards in Section 27-5300, Temporary Uses and Structures.
(b)
Applicability
- (1)The procedures and standards in this Section apply to the review of and decision on applications for temporary use permits.
- (2)A temporary use permit is required prior to the establishment or commencement of any temporary use for which a temporary use permit is required in Section 27-5300, Temporary Uses and Structures.
- (3)Unless otherwise specified in this Ordinance, any temporary use shall obtain any other applicable County, municipal, State, or Federal permits.
(c)
Temporary Use Permit Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to development applications for a temporary use permit. Figure 27-3607(c) identifies key steps in the temporary use permit procedure.
Figure 27-3607(c): Temporary Use Permit Procedure (Illustrative) | ||||||||||||||||||||
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- (1)Application Submittal
See Section 27-3403, Application Submittal. Applications for temporary use permits shall be submitted to the DPIE Director. In addition, an application for a temporary use permit for temporary sales trailers, temporary construction trailers and temporary office trailers shall include either a copy of an approved Type 2 Tree Conservation Plan showing the areas of disturbance proposed with the permit, or an approved letter of exemption in conformance with Division 2 of Subtitle 25: Woodland and Wildlife Habitat Conservation Ordinance, of the County Code of Ordinances, referencing the land subject to the application, the proposed area of disturbance, and the proposed use.
- (2)Determination of Completeness
See Section 27-3404, Determination of Completeness. The DPIE Director determines whether the application is complete.
- (3)Staff Review and Action
See Section 27-3406, Staff Review and Action.
- (A)After staff review and evaluation of the application, the DPIE Director shall review and make a decision on the application in accordance with Section 27-3607(d), Temporary Use Permit Decision Standards. The decision shall be one of the following:
- (i)Approve the application as submitted;
- (ii)Approve the application subject to conditions of approval; or
- (iii)Disapprove the application. If the application is denied, a written statement shall be included with the application stating the reasons why the application does not comply with the decision standards.
- (B)Temporary use permits shall be referred to the Planning Board or its authorized representative for its comments and recommendations, if any, for any property in the Safety Zones of the Military Installation Overlay (MIO) Zone; properties subject to Subtitle 25 of the County Code of Ordinances; and properties within the Chesapeake Bay Critical Area Overlay (CBCAO) Zone.
- (4)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (5)Notification
See Section 27-3416, Notification.
- (6)Appeal
Optional (see Section 27-3417, Appeal). The applicant or aggrieved party may appeal the DPIE Director's decision on an application for a temporary use permit to the BOA in accordance with Section 27-3616, Appeal to Board of Appeals.
- (7)Post-Decision Actions
- (A)Lapse of Approval
A temporary use permit shall be effective beginning on the date specified in the permit approval, and shall remain effective for the period indicated on the permit
- (d)Temporary Use Permit Decision Standards
An application for a temporary use permit may only be approved upon a finding that:
- (1)The application complies with all applicable standards in Section 27-5300, Temporary Uses and Structures;
- (2)Any disturbance proposed will not violate the provisions of Division 2 of Subtitle 25: the Woodland and Wildlife Habitat Conservation Ordinance, of the County Code; and
- (3)If the proposed temporary use is to be located in a Safety Zone of the Military Installation Overlay Zone, the temporary use conforms with the requirements of the Military Installation Overlay Zone.
27-3608. Use and Occupancy Permit
(a)
General
This Section provides a uniform mechanism for the review of proposed development prior to issuance of a building permit or other permit that allows development to occur, to ensure it complies with this Ordinance and any conditions of approval imposed as part of any required development approvals or permits.
(b)
Applicability
- (1)Unless exempted in accordance with Section 27-3608(b)(2) below, a use and occupancy permit shall be approved in accordance with the procedures and standards of this Section, prior to any of the following development activities:
- (A)
- (B)Conversion of a building, structure, or land from one use to another use;
- (C)Construction of a building or structure, or placement of a new use on land;
- (D)Conversion of a single-family detached dwelling to include additional dwelling units;
- (E)Changes in ownership or tenancy (except changes in residential tenancy), regardless of whether the use has changed;
- (F)Establishment of any home occupation; or
- (G)Establishment of any before- and after-school recreational program.
- (2)The following development is exempted from the requirements of this Section:
- (A)Development in the Agriculture/Forestry Uses and the Open Spaces Uses Principal Use Categories (except cemeteries);
- (B)
- (C)Accessory uses (except for home occupation, and before- and after-school recreational program, and tourist home).
- (3)Unless otherwise specified in this Ordinance, any proposed use shall obtain any other applicable County, municipal, State, or Federal permits.
(c)
Use and Occupancy Permit Submittal Requirements
- (1)Applications for use and occupancy permits shall be filed in duplicate on forms provided by the Department of Permitting, Inspections, and Enforcement.
- (2)No application for a use and occupancy permit shall be accepted by the Department of Permitting, Inspections, and Enforcement unless all of the information required on the forms and accompanying plans has been furnished by the applicant.
- (3)Each application for a use and occupancy permit shall be accompanied by duplicate copies of a plat or site plan, drawn to scale, showing:
- (A)The lot on which the building is proposed to be erected or used, including lot dimensions, lot and block numbers, and subdivision name (if any);
- (B)
- (C)Locations, gross floor area, dimensions, height and setbacks of existing and proposed buildings and other structures on the lot;
- (D)The proposed use of buildings and other structures for which the permit is requested;
- (E)North arrow and scale of the plan;
- (F)The layout (drawn to scale) of off-street parking and loading areas, and a parking and loading schedule showing parking and loading requirements (and how they are met) for all uses on the property;
- (G)Elevation drawings of all building facades;
- (H)
- (I)A landscape plan showing all landscaping, buffering, and screening of the proposed development, pursuant to the provisions of the Landscape Manual; and
- (J)Any other information which the DPIE Director determines is necessary.
- (4)If the use and occupancy permit involves a commercial or industrial use, including such uses where permitted in Rural and Agricultural zones, Residential zones, Transit -Oriented/Activity Center base and PD zones, and the LCD, LMXC, and LMUTC zones, located within the boundaries of a municipality, notice that the application has been accepted for filing shall be provided to the municipal government.
(d)
Use and Occupancy Permit Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to development applications for a use and occupancy permit. Figure 27-3608(c) identifies key steps in the use and occupancy permit procedure.
Figure 27-3608(c): Use and Occupancy Permit Procedure (Illustrative) | ||||||||||||||||||||
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- (1)Application Submittal
See Section 27-3403, Application Submittal and 27-3608(c), Use and Occupancy Permit Submittal Requirements. Applications for use and occupancy permits shall be submitted to the DPIE Director. The applicant is required at the time a County use and occupancy permit application is made to provide the municipality in which the building is located a copy of the County use and occupancy permit application and supporting documents provided no separate use and occupancy permit is required by the municipality. If the municipality requires a separate use and occupancy permit, the applicant shall file a municipal use and occupancy permit application.
- (2)Determination of Completeness
See Section 27-3404, Determination of Completeness. The DPIE Director determines whether the application is complete.
- (3)Staff Review and Action
See Section 27-3406, Staff Review and Action.
- (A)After staff review and evaluation of the application, and referral to the Planning Director for comment, the DPIE Director shall make a decision on an application for a use and occupancy permit in accordance with the standards in Section 27-3608(e), Use and Occupancy Permit Decision Standards. The decision shall be one of the following:
- (i)Approve the application as submitted;
- (ii)Approve the application subject to conditions of approval; or
- (iii)Disapprove the application.
- (B)If the application is denied, a written statement shall be included with the application stating the reasons why the application does not comply with the decision standards.
- (C)If the application involves a commercial or industrial use including such uses where permitted in Rural and Agricultural zones, Residential zones, Transit-Oriented/Activity Center base and PD zones, and the LCD, LMXC, and LMUTC zones located within the boundaries of a municipality, the DPIE Director shall provide notice, in writing, to the municipality, that the application has been submitted and is being reviewed in accordance with the requirements of this Subsection.
- (D)If the building subject to the application is located partially or completely within the Military Installation Overlay (MIO) Zone:
- (i)The building permit application shall include a certification that any proposed structures do not exceed the height limit established by the Impact Map for Height in Section 27-4402(c)(5)(B), Height Standards.
- (ii)Applications for buildings or structures located within the High Intensity Noise Area shall include the certifications set forth in Section 27-4402(c)(4)(B), High Intensity Noise Area.
- (iii)Applications for buildings and structures located within Accident Potential Zones 1 and 2 must include a signed affidavit from the applicant acknowledging that the property lies within an Accident Potential Zone for Joint Base Andrews.
- (E)If the application is for a use that allows entertainment to be held for an association, a club, a society, or another organization or the public, a copy of the permit or other notice of the issuance of the permit shall be transmitted to:
- (i)The Board of License Commissioners;
- (ii)The Chief of Police
- (iii)The Chief of the Fire/EMS Department;
- (iv)The Director of the Department of Environmental Resources; and
- (v)If applicable, the municipal corporation in which the entertainment is to be held.
- (4)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (5)Notification
See Section 27-3416, Notification.
- (6)Appeal
Optional (see Section 27-3417, Appeal). The applicant may appeal the DPIE Director's decision on an application for a use and occupancy permit to the BOA in accordance with Section 27-3616, Appeal to Board of Appeals.
- (7)Post-Decision Actions
Development of the land subject to a use and occupancy permit shall comply with the approved use and occupancy permit, any accompanying plans, and all conditions of approval.
- (e)Use and Occupancy Permit Decision Standards
An application for a use and occupancy permit may only be approved upon a finding the applicant demonstrates the development proposed in the application complies with all relevant requirements of this Ordinance, all applicable conditions of approval, and all development approvals and permits to which the development is subject.
27-3609. Zoning Certification
(a)
General
This Section establishes an optional mechanism by which the County can provide landowners written documentation of compliance with the use requirements of this Ordinance.
(b)
Applicability
A zoning certification is an optional procedure that allows any landowner to request and obtain written confirmation from the Planning Director that a specific use (or uses) on a parcel of land is permitted in accordance with this Ordinance.
(c)
Zoning Certification Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to development applications for a zoning certification. Figure 27-3609(c) identifies key steps in the zoning certification procedure.
Figure 27-3609(c): Zoning Certification Procedure (Illustrative) | ||||||||||||||||
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- (1)Application Submittal
The applicant shall submit a written request to the Planning Director for a zoning certification that a specific use (or uses) on a parcel of land is permitted in accordance with this Ordinance.
- (2)Staff Review and Action
See Section 27-3406, Staff Review and Action. After staff review and evaluation, the Planning Director shall make a decision on the request for a zoning certification in accordance with the standards in Section 27-3609(d), Zoning Certification Decision Standards. The decision shall be one of the following:
- (A)Issuance of a written zoning certification stating that a specific use (or uses) on a parcel of land is permitted under this Ordinance; or
- (B)Issuance of a letter to the applicant that a specific use (or uses) on a parcel of land is not permitted under this Ordinance. The letter shall also include the reasons for noncompliance.
- (3)Notification
See Section 27-3416, Notification.
- (4)Appeal
Optional (see Section 27-3417, Appeal). The applicant may appeal the Planning Director's decision on a zoning certification to the BOA in accordance with Section 27-3616, Appeal to Board of Appeals.
- (5)Post-Decision Actions
A zoning certification does not expire, but it is limited by its terms to the specific parcel of land referenced in the certification. If this Ordinance is ever amended resulting in the use no longer being allowed on the parcel of land, the zoning certification shall automatically become null and void.
- (d)Zoning Certification Decision Standards
Prior to approving a zoning certification, the Planning Director shall find that the specific use (or uses) on a parcel of land is permitted in accordance with the requirements of this Ordinance.
27-3610. Grading Permit
(a)
Grading permits shall be required in accordance with Subtitle 32, Division 2: Grading, Drainage and Erosion and Sediment Control, of the County Code.
(b)
For land located within Priority Funding Areas of the County and subject to a detailed site plan (see Section 27-3605), a grading permit may be issued by DPIE authorizing commencement of rough grading activities on the site (including removal of utilities and structures, basic excavation, and installation of temporary stormwater controls) prior to approval of the detailed site plan, provided:
- (1)The detailed site plan application has been determined complete in accordance with Section 27-3404, Determination of Completeness;
- (2)The land is exempt from the requirements of the Woodland and Wildlife Habitat Conservation Ordinance within Division 2, Subtitle 25 of the County Code; and
- (3)The permittee provides documentation demonstrating that the subject land contains no regulated environmental features, as defined by Subtitle 24: Subdivision Regulations, of the County Code, or the grading permit proposes no disturbance to any such features.
(c)
Prior to the approval of a grading permit within the Chesapeake Bay Critical Area Overlay Zone, a Conservation Plan shall be submitted in accordance with Subtitle 5B of the County Code for approval by the Planning Board or its authorized representative. The Planning Board shall approve the Conservation Plan prior to the issuance of a grading permit, unless waived in accordance with the provisions of Subtitle 5B of the County Code.
(d)
Where a Conservation Plan and Conservation Agreement are required, the approved Conservation Agreement shall be recorded among the land records of Prince George's County prior to the issuance of a grading permit.
(e)
Grading permit applications shall be reviewed and decided in accordance with Subtitle 32, Division 2: Grading, Drainage and Erosion and Sediment Control, of the County Code, and Section 27-3610(f) below. Grading permit applications shall be referred to the Planning Board for comment before a decision is made on the application.
(f)
DPIE shall not issue a grading permit:
- (1)For land that is the subject of an approved preliminary plan of subdivision, unless the permit is in conformance with the approved preliminary plan; or
- (2)Prior to the expiration of the specified appeal period from a Planning Board decision concerning the subject property of the permit, unless the right of appeal has been waived, or during the pendency of any appeal to, or review by, the District Council.
(g)
Notwithstanding any other provision of this Subtitle, a grading permit to support the development of property in the LCD Zone may be issued by the Department of Permitting, Inspections, and Enforcement so long as it is in conformance with an approved CDP, or an approved Type 1 Tree Conservation Plan. The grading permit shall be limited to activities related to the installation of utilities, streets, stormwater management facilities, and lot grading based on the approved limits of disturbance as shown on the approved CDP or the approved Type 1 Tree Conservation Plan. An SDP and a Final Plat are not required for issuance of a grading permit if the permit is limited to activities related to the installation of utilities, streets, stormwater management facilities, and lot grading based on the approved limits of disturbance as shown on the approved CDP or the approved Type 1 Tree Conservation Plan.
27-3611. Building Permit
(a)
General
This Section establishes procedures regarding building permit issuance to ensure compliance with Subtitle 4: Building, of the County Code.
(b)
Applicability
- (1)Unless exempted in accordance with Subtitle 4: Building, of the County Code, or Section 27-3611(b)(2) below, prior to any of the following activities, a building permit issued for the activity by DPIE is required:
- (A)Erecting a building or structure;
- (B)Enlarging, structurally altering, moving, or adding to an existing building or structure; or
- (C)Excavating for any building or structure.
- (2)Buildings and structures which qualify for an agricultural assessment under the Tax Property Article of the Maryland Annotated Code, used exclusively for agricultural purposes on land used only for agriculture (except for farm tenant dwellings), are exempt from the building permit requirements in Section 27-3611(b)(1) above.
- (3)For purposes of this Section, trailers (designed for human occupancy) and mobile homes used for business purposes in any nonresidential zone, and manufactured (or mobile home) dwellings, are "buildings."
- (4)Prior to the approval of a building permit within the Chesapeake Bay Critical Area Overlay Zone, a Conservation Plan shall be submitted in accordance with Subtitle 5B for approval by the Planning Board or Planning Director. The Planning Board shall approve the Conservation Plan prior to the issuance of a building permit, unless waived in accordance with the provisions of Subtitle 5B of the County Code.
- (5)Where a Conservation Plan and Conservation Agreement are required, the approved Conservation Agreement shall be recorded among the land records of Prince George's County prior to the issuance of a building permit.
- (6)Unless otherwise specified in this Ordinance, any proposed building or structure shall obtain any other applicable County, Municipal, State, or Federal permits.
(c)
Building Permit Submittal Requirements
- (1)Applications for building permits shall be filed in duplicate on forms provided by the Department of Permitting, Inspections, and Enforcement.
- (2)No application for a building permit shall be accepted by the Department of Permitting, Inspections, and Enforcement unless all of the information required on the forms and accompanying plans has been furnished by the applicant.
- (3)Each application for a building permit shall be accompanied by duplicate copies of a plat or site plan, drawn to scale, showing:
- (A)The lot on which the building is proposed to be erected or used, including lot dimensions, lot and block numbers, and subdivision name (if any);
- (B)
- (C)Locations, gross floor area, dimensions, height and setbacks of existing and proposed buildings and other structures on the lot;
- (D)The proposed use of buildings and other structures for which the permit is requested;
- (E)North arrow and scale of the plan;
- (F)The layout (drawn to scale) of off-street parking and loading areas, and a parking and loading schedule showing parking and loading requirements (and how they are met) for all uses on the property;
- (G)Elevation drawings of all building facades;
- (H)Any other documentation or drawings necessary to demonstrate compliance with the standards and regulations of any pertinent use-specific standards (see PART 27-5: Use Regulations) and any applicable development standards contained in PART 27-6: Development Standards;
- (I)A landscape plan showing all landscaping, buffering, and screening of the proposed development, pursuant to the provisions of the Landscape Manual; and
- (J)Any other information which the DPIE Director determines is necessary.
- (4)If the building permit involves a commercial or industrial use, including such uses where permitted in Rural and Agricultural zones, Residential zones, Transit-Oriented/Activity Center base and PD zones, and the LCD, LMXC, and LMUTC zones, located within the boundaries of a municipality, notice that the application has been accepted for filing shall be provided to the municipal government.
- (5)If the building is located partially or completely within the Military Installation Overlay Zone:
- (A)
- (B)Applications for buildings or structures located within the High Intensity Noise Area shall include the certifications set forth in Section 27-4402(c)(5)(C)(ii).
- (C)Applications for buildings and structures located within Accident Potential Zones 1 and 2 must include a signed affidavit from the applicant acknowledging that the property lies within an Accident Potential Zone for Joint Base Andrews.
(d)
Building Permit Procedure and Decision Standards
- (1)Building permit applications shall be reviewed and decided in accordance with Subtitle 4: Building, of the County Code and Section 27-3611(d)(2) below. With the exception of permits specified in Section 27-3611(f) below, building permit applications shall be referred to the Planning Director for comment before a decision is made on the application.
- (2)DPIE shall not issue a building permit:
- (A)For land that is not a record lot;
- (B)For land within the area of an endorsed Sectional Map Amendment (see Section 27-3503(b), Sectional Map Amendment Procedure) until after final action by the District Council on the Sectional Map Amendment, if the lot or parcel of land on which construction is proposed is in a nonresidential zone, was proposed by the Planning Board for a zone in which the proposed use is not permitted, and is undeveloped; this paragraph shall not apply to a lot or parcel of land for which a grading permit has been issued by Prince George's County, sediment and erosion control devices have been installed by the permittee, and site grading activities have been initiated by the permittee; or
- (C)Prior to the expiration of the specified appeal period from a Planning Board decision concerning the subject property of the permit, unless the right of appeal has been waived, or during the pendency of any appeal to, or review by, the District Council.
(e)
Limitation on Zoning
- (1)No property may be zoned to a less intense category (see Section 27-4102(b)) if:
- (A)The property has been zoned by zoning map amendment within five (5) years prior to the initiation of the sectional map amendment or during the period between initiation and transmittal to the District Council, and the property owner has not consented (in writing) to the zoning; or
- (B)Based on existing physical development at the time of adoption of the sectional map amendment, the zoning would create a nonconforming use. This zoning may be approved, however, if there is a significant public benefit to be served by the zoning based on facts peculiar to the subject property and the immediate neighborhood. In recommending the zoning, the Planning Board shall identify these properties and provide written justification supporting the zoning at the time of transmittal. The failure of either the Planning Board or property owner to identify these properties, or a failure of the Planning Board to provide the written justification, shall not invalidate any District Council action in the approval of the sectional map amendment.
(f)
Permits of a Minor Nature
Permits of a minor nature shall not require referral to the Planning Board or Planning Director for review and comment. The list of permits of a minor nature in this Section shall be approved by the District Council upon the recommendation of the Planning Board and the Director of the Department of Permitting, Inspections, and Enforcement, and shall be maintained on a list available for public inspection in each of these offices. Any permits issued pursuant to these provisions shall not be subject to the requirements of this Subtitle. This exception shall not apply to any property which is located within a historic district or listed in the Approved Historic Sites and Districts Plan as a historic site, resource, or district; properties subject to Subtitle 25: Trees and Vegetation of the County Code; or properties within the Chesapeake Bay Critical Area Overlay (CBCAO) Zone.
Permits of a minor nature consist of:
- (1)Boilers and/or mechanical equipment located inside buildings.
- (2)Replacement and installation of windows and pedestrian doors, excluding bay, bow, and commercial customer service windows.
- (3)Replacement in kind and/or removal of underground tanks (water, gas, or oil) except within the Chesapeake Bay Critical Area.
- (4)Building siding without expansion of exterior walls.
- (5)Roofing and weatherproofing without increasing height of building.
- (6)Interior alteration of single-, two-, and three-family dwelling units with no change in use.
- (7)Restoration of single-family detached dwellings after fire or flood damage, or repair of general deterioration, including pedestrian entrances, with no expansion of exterior walls or roof.
- (8)Removal of interior partitions with no change of use.
- (9)All interior life-safety improvements, exterior life-safety improvements with no expansion of exterior walls or roof, and fire escapes and other means of emergency egress, all with no change in use.
- (10)Alterations or additions which are being made in order to comply with the Maryland Accessibility Code, (Maryland Building Code for the Handicapped, Code of Maryland Regulations, Section .05.02.02) except within the Chesapeake Bay Critical Area Overlay (CBCAO) Zone.
- (11)Trailers used exclusively by the County Police Department in commercial parking lots for which the permit shall automatically expire when the trailer is vacated by the Police Department.
- (12)Commercial and residential satellite dishes not exceeding eighteen (18) inches in diameter.
- (13)Steps and ground level patios (except within the Chesapeake Bay Critical Area Overlay (CBCAO) Zone).
- (14)Residential fences (maximum six feet) that are not subject to detailed site plan (minor or major), Chesapeake Bay Critical Area Conservation Plan, or any other type of site plan; do not include or abut a property with a designated historic site, resource, or district; and are not subject to utility easements, storm drain or surface drainage easements, or floodplain easements.
- (15)Sheds that do not otherwise require a building permit except within the Chesapeake Bay Critical Area Overlay (CBCAO) Zone.
- (16)All stadium wayfinding signs located within parking areas at a stadium.
- (17)Minor Residential Permits (except within the Chesapeake Bay Critical Area Overlay (CBCAO) Zone):
- (A)Bay windows.
- (B)Decks.
- (C)External steps.
- (D)Masonry barbecue grills.
- (E)Patios.
- (F)Swimming Pools
- (G)Fences on sites that are subject to detailed site plan (minor or major), Chesapeake Bay Critical Area Conservation Plan, or other type of site plan (excluding special exceptions); include or abut a property with a designated historic resource; or that are subject to utility easements, storm drain or surface drainage easements, or flood plain easements.
27-3612. Interpretation (Text, Uses, and Zoning Map)
(a)
General
This Section establishes a uniform mechanism for rendering formal written interpretations of any provision of this Ordinance.
(b)
Applicability
The Planning Director is responsible for making interpretations of all provisions of this Ordinance, including, but not limited to:
- (1)Interpretations of the text;
- (2)Interpretations of the zone boundaries;
- (3)Interpretations of whether an unlisted use is comparable to a listed use or not, and should be allowed in a zone or prohibited in that zone; and
- (4)Interpretations of compliance with a condition of approval.
(c)
Interpretation (Text, Uses, and Zoning Map) Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to applications for an interpretation (text, uses, and Zoning Map). Figure 27-3612(c) identifies key steps in the interpretation (text, uses, and Zoning Map) procedure.
Figure 27-3612(c): Interpretation (Text, Uses, and Zoning Map) Procedure (Illustrative) | ||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
- (1)Pre-Application Conference
Optional (see Section 27-3401, Pre-Application Conference).
- (2)Application Submittal
See Section 27-3403, Application Submittal. In addition, an application for a formal written interpretation may be initiated by the District Council, the Planning Board, or any person having a contractual interest in land in the County.
- (3)Determination of Completeness
See Section 27-3404, Determination of Completeness.
- (4)Staff Review and Action
See Section 27-3406, Staff Review and Action.
- (A)The Planning Director shall review the request, consult with the M-NCPPC Attorney and other M-NCPPC and County staff, and render a formal written interpretation in accordance with Section 27-3612(d), Interpretation Decision Standards. The interpretation shall be in a form approved by the M-NCPPC Attorney and shall constitute the formal written interpretation.
- (B)A formal written interpretation shall be binding on subsequent decisions by the Planning Director and M-NCPPC and County staff in applying the same provision(s) of this Ordinance.
- (5)Notification
See Section 27-3416, Notification.
- (6)Appeal
The applicant may appeal the Planning Director's decision on an interpretation to the BOA in accordance with Section 27-3616, Appeal to Board of Appeals.
- (7)Post-Decision Actions
- (A)Effect of Approval
A written interpretation is binding on subsequent decisions by the Planning Director or other M-NCPPC or County administrative officials in applying the same provision of this Ordinance or the Official Zoning Map in the same circumstance, unless the interpretation is modified in accordance with this Subsection, or the text of this Ordinance impacting the interpretation is amended
- (B)Tracking Interpretations
The Planning Director shall maintain a copy of all written interpretations in one document, which shall be available in the offices of the Planning Director for public inspection, during normal business hours, and place the written interpretation on M-NCPPC’s website
- (C)Amendment of Formal Written Interpretations
The Planning Director may amend or repeal a formal written interpretation on the Director’s own initiative, or upon a request for interpretation submitted in accordance with this Subsection, based upon new evidence or discovery of a mistake in the original interpretation, a change in State or Federal law, an amendment to this Ordinance, or any other provision of the County Code that relates to the original formal written interpretation
- (d)Interpretation Decision Standards
- (1)Text Provisions
Interpretation of a provision’s text, and its application shall be based on Section 27-1500, Relationship with Other Laws, Covenants, or Deeds, and considerations including, but not limited to, the following:
- (A)The plain meaning of the provision’s wording, considering any terms specifically defined in Section Sec. 27-2500, Definitions, and the common and accepted usage of terms; and
- (B)The purpose of the provision, as indicated by:
- (i)Any purpose statement in the section(s) where the text is located;
- (ii)The provision’s context and consistency with surrounding and related provisions;
- (iii)Any legislative history related to the provision’s adoption;
- (iv)The general purposes served by this Ordinance, as set forth in Section 27-1300, General Purpose and Intent; and
- (v)The applicable comprehensive plans.
- (2)Unspecified Uses
Interpretation of whether an unspecified use is similar to a use identified in PART 27-5: Use Regulations, Tables 27-5101(c) through 27-5101(f), or is prohibited in a zone, shall be based on consistency with the General Plan and the applicable Area Master Plan or Sector Plan.
- (3)Zone Boundaries
Interpretation of zone boundaries shall be in accordance with Section 27-1601(c).
27-3613. Variance
(a)
General
This Section establishes a uniform mechanism to allow certain variances from the dimensional standards (such as height, yard setback, and lot area) and certain development standards of this Ordinance when their strict application would result in unnecessary hardship.
(b)
Applicability
- (1)The procedures and standards in this Section apply to the review of and decision on applications for a variance from the following standards.
- (A)The intensity and dimensional standards in PART 27-4: Zones and Zone Regulations;
- (B)
- (C)
The use-specific standards and special exception standards in Sections 27-5102, Requirements for Permitted Principal Uses; 27-5202, General Standards for All Accessory Uses and Structures; 27-5203, Standards Specific to Accessory Uses and Structures; 27-5303, Standards Specific to Temporary Uses and Structures; and 27-5402, Additional Requirements for Specific Special Exception Uses.
- (2)Variances are not allowed for requests to:
- (A)Amend the text of this Ordinance or the Official Zoning Map;
- (B)Permit a use in a zone where it is prohibited;
- (C)Eliminate the requirement that a special exception be granted for a use;
- (D)Waive or modify any procedural requirements or application submission fees;
- (E)Waive or modify any condition(s) of approval specifically imposed as part of the approval for a development approval or permit;
- (F)Waive a specific finding required to be made in taking action on any development approval or permit in accordance with this Ordinance;
- (G)Seek any change to the standards of this Zoning Ordinance which may be requested and granted in accordance with a minor departure or major departure, or minor administrative waiver or modification, in accordance with Section 27-3614, Departure (Minor and Major), nor any change to the standards specified in that Section that may exceed the maximum departure (minor or major) percentage from standard which may be granted by the Planning Director or Planning Board ;
- (H)Grant a variance denied by the District Council or the ZHE;
- (I)Grant additional time for a use for which a use and occupancy permit has not been issued;
- (J)Waive or modify any requirements of the CBCA (except where permitted in Subtitle 5B of the Prince George’s County Code), APA, or MIO overlay zones;
- (K)Grant a variance from any of the requirements of Subtitle 5B of the County Code;
- (L)Grant a variance from lot size, setback, or similar requirements within the corporate limits of a Municipal Corporation, if this authority has been delegated to a municipality by the District Council;
- (M)Grant a variance from any provision of this Subtitle applicable to, required by, or concerning an adult entertainment use;
- (N)Grant a variance concerning residential density which would result in an increase in the maximum allowable number of dwelling units in a zone;
- (O)Grant a variance to any specific standards or requirements applicable to the LCD, LMXC, or LMUTC zones.
- (P)Hear and decide upon an appeal from a decision of the Planning Board in connection with the approval of a Detailed Site Plan;
- (Q)Grant a variance which is of a greater degree than a variance granted by the District Council, where the variance granted by the Council is of less degree than requested from the Council, provided:
- (i)There has been no intervening Zoning Ordinance text amendment which changes the nature of the variance request;
- (ii)The Council has not erred in considering the original variance request; or
- (iii)The proposed use has not changed from the one considered by the Council;
- (R)Grant a variance to any minimum net lot area requirement which would allow the recording of a subdivision plat for two (2) or more lots which have less than the minimum net lot area for the zone in which the property is located, unless the Planning Board approves a subdivision plat subject to the granting of the variance;
- (S)Grant a variance to any minimum net lot area requirement which would allow development on each of two (2) or more abutting lots in the same ownership that could be combined or resubdivided to conform to the minimum net lot area requirements of the zone in which the property is located, unless the Planning Board approves a subdivision plat subject to the granting of the variance;
- (T)Consider any application requesting additional time to cease a violation, if filed after the thirty (30) day appeal period on a zoning violation notice has expired and through such time that the case is pending in court on a civil citation relating to the violation notice;
- (U)Grant a variance from requirements set forth in the Landscape Manual or any other provision of this Subtitle concerning landscaping, buffering, or screening;
- (V)Consider any application requesting additional time to cease a violation involving a solid waste transfer station;
- (W)Grant a variance to any requirement concerning the keeping of animals or poultry (other than customary household pets);
- (X)
Grant a variance to the maximum lot coverage or minimum green area in the IE Zone as otherwise limited by Section 27-4203(e)(2) Note 6; and
- (Y)Notwithstanding Section 27-3613(b)(1)A), variances are not allowed for requests to grant a variance from the intensity and dimensional standards in PART 27-4: Zones and Zone Regulations for development applications pursuant to Section 27-7403(a), Use of Nonconforming Lots, if such variance petitions are based solely on the physical uniqueness or unusualness, or particular uniqueness or unusualness, of a lot smaller than the minimum lot size of the zone.
- (3)Development applications for a variance shall be reviewed and decided in one of the following ways:
- (A)The review board or official (District Council, Planning Board, ZHE, or Planning Director) responsible for making a decision on a parent application (e.g., a special exception or detailed site plan) for which a variance is required shall concurrently review and make a decision on the parent application and the variance application.
- (B)If a variance application is not required to be submitted with a parent application, the variance application shall be reviewed and decided by the BOA.
- (4)Variances that comply with and are approved in accordance with the procedures and standards of this Section are allowed in the NCO zones.
(c)
Variance Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to applications for a variance. Figure 27-3613(c) identifies key steps in the variance procedure.
Figure 27-3613(c): Variance Procedure (Illustrative) | ||||||||||||||||||||||||||||||||
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- (1)Pre-Application Conference
Only when associated with a parent application (see Section 27-3401, Pre-Application Conference). Not applicable to variances heard by the BOA.
- (2)Pre-Application Neighborhood Meeting
Only when associated with a parent application (see Section 27-3402, Pre-Application Neighborhood Meeting), except that owners of a single-family, two-family, three-family, or townhouse dwelling are not required to conduct a pre-application neighborhood meeting for a proposed variance pertaining to their dwelling or lot. Not applicable to variances heard by the BOA.
- (3)Application Submittal
See Section 27-3403, Application Submittal. An application to appeal for a variance shall be submitted to the Planning Director if the application is submitted in conjunction with a parent application, or the BOA, in all other instances.
- (4)Determination of Completeness
See Section 27-3404, Determination of Completeness. The Planning Director shall determine if the application is complete if it is submitted in conjunction with a parent application. The BOA shall determine completeness in all other instances.
- (5)Staff Review and Action
See Section 27-3406, Staff Review and Action. After staff review and evaluation of the application, the Planning Director shall prepare a Technical Staff Report if the application is submitted in conjunction with a parent application. The report shall include a recommendation on the application.
- (6)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice. The review board or official responsible for conducting the hearing on the application shall be responsible for scheduling and public notice of the hearing.
- (7)Review and Decision by Decision-Making Body or Official
See Section 27-3409, Review and Decision by Decision-Making Body or Official.
- (A)The review board or official (District Council, Planning Board, or ZHE) responsible for making a decision on a parent application (e.g., a special exception or detailed site plan) for which a variance is required shall review and make a decision on the parent development application and the variance application concurrently. If a variance application is not submitted with a parent application, the variance application shall be reviewed and decided by the BOA. Any variance application submitted for property located in the Chesapeake Bay Critical Area Overlay (CBCAO) Zone shall be reviewed and decided by the Planning Board. The appropriate review board or official shall conduct a public hearing on the application in accordance with Section 27-3412, Evidentiary Hearing, and make a decision in accordance with Section 27-3613(d), Variance Decision Standards. The decision shall be by resolution and shall include findings of fact and conclusions that support the decision. The decision shall be one of the following:
- (i)Approve the application as submitted;
- (ii)Approve the application subject to conditions of approval; or
- (iii)Disapprove the application.
- (B)The review board’s decision is final 30 days after filing the written decision.
- (8)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval). As a condition of approval, the review board or official may establish a time frame within which the development for which the variance is requested shall begin and/or be completed. The variance shall automatically expire and be void upon the lapse of the established time frame if the development for which the variance is granted is not begun and/or completed. Any established time frame shall not exceed two years.
- (9)Notification
See Section 27-3416, Notification, except either the Planning Director or DPIE Director provide notice, whichever processed the application.
- (10)Post-Decision Actions
- (A)Effect of Approval
Approval of a variance authorizes only the particular regulatory relief approved. It does not exempt the applicant from the responsibility to obtain all other development approvals and permits required by this Ordinance and any other applicable laws, and does not indicate that the development for which the variance is granted should receive other development approvals or permits, unless the relevant and applicable portions of this Ordinance or any other applicable laws are met
- (B)Lapse of Approval
A variance allowing the construction of a building or structure shall not be valid for more than the validity period of the parent application or two years, whichever is longer, unless a building permit for the construction of the building or structure is obtained within this period, and the construction is started and proceeds to completion in accordance with the terms of the decision and the building permit.
- (C)Refiling
If the District Council, Planning Board, Board of Appeals, or Zoning Hearing Examiner denies an appeal involving a variance, no further appeal covering the same specific subject on the same property shall be filed within the following twelve (12) month period. If the second appeal is also denied, no other subsequent appeals covering the same specific subject on the same property shall be filed within each eighteen (18) month period following the respective denial
- (d)Variance Decision Standards
A variance may only be granted when the review board or official, as appropriate, finds that:
- (1)A specific parcel of land is physically unique and unusual in a manner different from the nature of surrounding properties with respect to exceptional narrowness, shallowness, shape, exceptional topographic conditions, or other extraordinary conditions peculiar to the specific parcel (such as historical significance or environmentally sensitive features);
- (2)The particular uniqueness and peculiarity of the specific property causes a zoning provision to impact disproportionately upon that property, such that strict application of the provision will result in peculiar and unusual practical difficulties to the owner of the property;
- (3)Such variance is the minimum reasonably necessary to overcome the exceptional physical conditions;
- (4)Such variance can be granted without substantial impairment to the intent, purpose and integrity of the General Plan or any Functional Master Plan, Area Master Plan, or Sector Plan affecting the subject property;
- (5)Such variance will not substantially impair the use and enjoyment of adjacent properties; and
- (6)A variance may not be granted if the practical difficulty is self-inflicted by the owner of the property.
- (e)Variance in CBCAO
For any variance application located in the Chesapeake Bay Critical Area Overlay (CBCAO) Zone, the variance may only be granted when the appellant demonstrates that provisions have been made to minimize any adverse environmental impact of the variance, and the Prince George’s County Planning Board finds, in addition to the standards set forth in Subsection 27-3613(d), Variance Decision Standards, above, that:
- (1)Special conditions or circumstances exist that are peculiar to the subject land or structure and that a literal enforcement of the Critical Area Program would result in unwarranted hardship which is defined as a circumstance where without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested;
- (2)A literal interpretation of the provisions of the Critical Area Program and related ordinances would deprive the applicant of rights commonly enjoyed by other properties in similar areas within the Critical Area;
- (3)The granting of a variance would not confer upon an applicant any special privilege that would be denied by Critical Area Program to other lands or structures within the Critical Area;
- (4)The variance request is not based upon conditions or circumstances which are the result of actions by the applicant, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property;
- (5)The granting of a variance would not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the Critical Area, and that the granting of the variance would be in harmony with the general spirit and intent of the State Critical Area Law and the County Critical Area Program;
- (6)The development plan would minimize adverse impacts on water quality resulting from pollutants discharged from structures, conveyances, or runoff from surrounding lands;
- (7)All fish, wildlife, and plant habitat in the designated critical areas would be protected by the development and implementation of either on-site or off-site programs;
- (8)The number of persons, their movements and activities, specified in the development plan, are in conformity to established land use policies and would not create any adverse environmental impact; and
- (9)The growth allocations for the CBCAO zones within the County would not be exceeded by the granting of the variance.
27-3614. Departure (Minor and Major)
(a)
General
This Section provides a uniform mechanism to allow departures from certain dimensional or development standards of this Ordinance in specific circumstances, in order to better accomplish the purposes of this Ordinance.
(b)
Applicability
This Section establishes two types of departures: minor departures and major departures. It also addresses minor administrative changes, waivers, or modifications to specific development standards contained in PART 27-6: Development Standards.
- (1)Minor Departures
Minor departures are decided by the Planning Director. Minor departures may be requested and granted for the standards identified in Table 27-3614(b)(1): Minor Departures, up to the limits set forth in the table. A variance (see Section 27-3613, Variance) may not be requested for a minor change for which a minor departure may be requested in accordance with this Section. Minor departures may be granted to make minor changes to approved PD Basic Plans.
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
| Table 27-3614(b)(1): Minor Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage departure from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base and Planned Development Zones Inside the Capital Beltway | All Other Zones | |
| Block design standards in Section 27-6206(k), Block Design | 40 | 30 |
Vehicle stacking spaces standards in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 40 | 30 |
| Numerical standards in Section 27-6304(i), Large Vehicular Use Areas (300 or More Spaces) | 20 | 30 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 30 | 20 |
| Numerical standards in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles, in Section 27-6306, Dimensional Standards for Parking Spaces and Aisles | 30 (1) | 20 (1) |
| Numerical standards in Section 27-6310, Loading Area Standards | 30 | 20 |
| Location of off-street parking in Section 27-6903(b), Location of Off-Street Parking, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building length standards in 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numeric building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical building façade/transparency standards in Section 27-6903(g), Building Façade Fenestration/Transparency, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | 20 | 30 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Numerical building façade fenestration/transparency standards in Section 27-61002(g), Building Façade Building Façade Fenestration/Transparency, in the Nonresidential and Mixed-Use Form and Design Standards | 20 | 30 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | 30 | 20 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 30 |
| Numerical standards in Section 27-61504, General Standards, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61505, Standards for Specific Sign Types, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61506, Standards for Special Purpose Signs, in the Signage standards | 20 | 30 |
| Numerical standards in Section 27-61507, Standards for Temporary Signs, in the Signage standards | 20 | 30 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 30 | 30 |
NOTES:
| ||
- (2)Major Departures
Major departures are decided by the Planning Board. Major departures may be requested for the standards identified in Table 27-3614(b)(2): Major Departures, up to the limits set forth in the table. A variance (see Section 27-3613, Variance) may not be requested for a deviation for which a major departure may be requested in accordance with this Subsection. Major departures may not be granted to make changes to approved PD Basic Plans. Instead, applicants seeking such changes may only amend the approved PD Basic Plan in accordance with the procedures and standards established for its original approval (see Section 27-3602, Planned Development (PD) Zoning Map Amendment).
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
| Table 27-3614(b)(2): Major Departures | ||
|---|---|---|
| Standard | Maximum Departure (percentage from standard) | |
| Transit-Oriented/Activity Center Base and Planned Development Zones; and All Other Base Zones Inside the Interstate Capital Beltway | All Other Base Zones | |
| Vehicle stacking spaces in Table 27-6206(m)(1)(A): Minimum Stacking Spaces for Drive-Through Facilities and Related Uses, in Section 27-6206(m), Vehicle Stacking Space | 70 | 50 |
| Off-street parking standards in Section 27-6305(a): Minimum Number of Off-Street Parking Spaces, in Section 27-6305, Off-Street Parking Space Standards | 70 | 50 |
| Numerical standards in Section 27-6310, Loading Area Standards | 70 | 50 |
| Location of Off-street parking in Section 27-6903(b), Location of Off-Street Parking, In the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 50 |
| Numeric building length standards in Section 27-6903(d), Maximum Building Length, in the Multifamily, Townhouse, and Three-Family Form and Design Standards | No Departure | 40 |
| Numerical building façade standards in Section 27-6903(e), Building Façades, in the Multifamily, Townhouse, and Three -Form and Design Standards | No Departure | 50 |
| Numerical offsets in Section 27-61002(e), Façade Articulation, in the Nonresidential and Mixed -Form and Design Standards | No Departure | 50 |
| Location of off-street parking in Section 27-61003(e), Off-Street Parking Location Standards, in the Large Retail Form and Design Standards | No Departure | 40 |
| Numerical buffer width standards in Section 27-61303(a)(2), Buffer Width, in the Agricultural Compatibility Standards | No Departure | 50 |
| Relief from the standards of the Landscape Manual where compliance is not possible and there is no feasible proposal for alternative compliance that can be approved | 100 | 100 |
| All standards in Section 27-4204(b), Standards Applicable to all Transit-Oriented/Activity Center Base Zones | 100 | Not Applicable |
| Standards or guidelines specified in any Mixed-Use Town Center Development Plan (LMUTC Zone Only) | Not Applicable | 100 |
| Where not otherwise specified, any departure necessary to ensure Neighborhood Compatibility Standards control in the event of conflict with other standards of this Ordinance per Section 27-61202(c), Conflict, in the Neighborhood Compatibility Standards | 100 | 100 |
| Relief from the requirement in Section 27-6206(d)(1), Limitation on Direct Access Along Arterial and Collector Streets | May allow 1 place of access | May allow 1 place of access |
- (3)Departures Approved by the District Council or ZHE
- (A)District Council
When a departure associated with a parent application is pending before the District Council, the Council may approve any departure listed in Table 27-3614(b)(1): Minor Departures, or Table 27-3614(b)(2): Major Departures, with the exception of the standards for which departures are prohibited. In action on such departure requests, the Council may approve any amount of departure from said standard and is not constrained by the maximum percentages otherwise applicable as set forth in these tables.
- (B)ZHE
When a departure associated with a parent application is pending before the ZHE, the ZHE may approve any departure listed in Table 27-3614(b)(1): Minor Departures, or Table 27-3614(b)(2): Major Departures, with the exception of the standards for which departures are prohibited.
- (4)Departures in the NCO Zones
Departures that comply with and are approved in accordance with the procedures and standards of this Section are allowed in the NCO zones.
- (5)Minor Administrative Waivers or Modifications to Development Standards
In addition to minor and major departures, there are other provisions in this Ordinance that allow for minor administrative waivers or modifications to specific development standards by the Planning Director or DPIE Director. They are identified in Table 27-3614(b)(5), Minor Administrative Waivers or Modifications to Development Standards.
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
| Table 27-3614(b)(5): Minor Administrative Waivers or Modifications to Development Standards | ||
|---|---|---|
| Section | Minor Waiver, or Modification | Administrative Decision-maker |
| Section 27-6206(e)(2) | Decide requests to waive the cross-access requirements between development | Planning Director |
| Section 27-6206.(f)(3) | Decide requests to modify the minimum street connectivity index score | Planning Director |
| Section 27-6206(k)(1) | Decide requests for modifications to the block length standards | DPIE Director if public streets are involved; Planning Director if all blocks incorporate private streets on all sides |
| Section 27-6207(a)(2)(C) | Decide requests to modify sidewalk requirements | Planning Director |
| Section 27-6207(b)(2) | Decide requests to waive or modify the pedestrian connectivity requirements | Planning Director |
| Section 27-6208(b)(2) | Decide requests to waive bicycle cross-access requirements | Planning Director |
| Section 27-6208(d) | Decide requests to waive bicycle access and circulation requirements | Planning Director |
| Section 27-6305(e) | Authorize modifications to required parking spaces for electric vehicle charging | Planning Director |
| Section 27-6306(a) | Approve parking aisle widths less than the minimum required | Planning Director |
| Section 27-6307(a) | Decide requests for alternative parking plans | Decision-maker on the application (Planning Director, DPIE Director, Board of Appeals, Zoning Hearing Examiner, Planning Board) |
| Section 27-6308(a) | Decide requests to modify parking requirements because of proximity to high-frequency transit stops | Planning Director |
| Section 27-6308(b) | Decide requests to modify parking based on a Transportation Demand Management Plan | Planning Director |
| Section 27-6308(c) | Decide requests to modify parking based on providing special facilities for bicycle commuters | Planning Director |
| Section 27-6308(d) | Decide requests for other types of alternative parking arrangements | Planning Director |
| Section 27-6310(b) | Require a larger loading berth or decide requests to allow a smaller loading berth | Planning Director |
| Section 27-6610 | Decide waiver requests for a Security Exemption Plan for fences and walls | Board of Appeals |
| Section 27-6709 | Decide requests for a Security Exemption Plan for exterior lighting, which allows for some modifications to lighting requirements for security reasons | Planning Director |
| Section 27-61303(a)(2)(B) | Decide requests to modify the buffer width (by up to 20 percent) for an agricultural buffer | Planning Director |
- (c)Departure (Minor and Major) Submittal Requirements
- (1)An application form filed with the Planning Board. The Planning Board shall determine the contents of the application and shall provide the application form.
- (2)A site plan, and other graphic illustrations which are considered necessary to indicate what is being proposed;
- (3)A justification statement telling why and how the proposed design services the purposes of this Subtitle better than the prescribed design standards; and
- (4)A list of the names and addresses of each municipality if any part of the property is located within the municipal boundaries.
- (d)Minor Departure Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to applications for a minor departure. Figure 27-3614(c) identifies key steps in the minor departure procedure
Figure 27-3614(c): Minor Departure Procedure (Illustrative) | ||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
- (1)Pre-Application Conference
Optional (see Section 27-3401, Pre-Application Conference).
- (2)Pre-Application Neighborhood Meeting
Optional (see Section 27-3402, Pre-Application Neighborhood Meeting).
- (3)Application Submittal
See Section 27-3403, Application Submittal. At the discretion of the Planning Director, development applications for minor departures may be processed and reviewed concurrently with parent development applications required by this Ordinance for development of a project (e.g., special exception or detailed site plan ).
- (A)A departure may be requested in conjunction with other application(s).
- (B)If a departure application is submitted in conjunction with another application, it shall be reviewed and decided prior to the other application(s). For example, if a departure application is submitted in conjunction with a detailed site plan application (because the departure is needed to achieve the plan for development in the detailed site plan), the departure application shall be reviewed and decided upon prior to a decision on the detailed site plan application, although approval of both could occur on the same day.
- (4)Determination of Completeness
See Section 27-3404, Determination of Completeness.
- (5)Staff Review and Action
See Section 27-3406, Staff Review and Action. The Planning Director shall review the application and make a decision in accordance with Section 27-3614(f), Departure (Minor and Major) Decision Standards. The decision shall set forth the Planning Director’s findings of fact and conclusions to support the decision. The decision shall be to:
- (A)Approve the minor departure;
- (B)Approve the minor departure, subject to conditions; or
- (C)Disapprove the minor departure.
- (6)Scheduling Public Hearing and Public Notice
The applicant shall ensure notice is posted on the site subject to the application at least 15 days prior to the Planning Director’s decision, in accordance with the requirements of Section 27-3407(b)(6), Posted Notice.
- (7)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (8)Notification
See Section 27-3416, Notification.
- (9)Appeal
Optional (see Section 27-3417, Appeal).
- (A)The only relief available to the applicant is an appeal of the Planning Director's decision on a minor departure to the Planning Board by filing a notice of appeal with the Planning Board within ten days of the Director’s decision.
- (B)The Planning Director shall transmit to the Planning Board after the appeal is filed, the minor departure application and all written materials and other evidence related to its review, and any additional information or explanatory material deemed appropriate. This shall constitute the record on appeal.
- (C)The Planning Board shall schedule and provide notice of a public hearing on the appeal in accordance with Section 27-3407, Scheduling of Hearings and Public Notice, and conduct a public hearing in accordance with Section 27-3412, Evidentiary Hearing. After the close of the hearing, the Planning Board shall render a final decision. The Planning Board’s decision shall be based on the standards in Section 27-3614(d)(9)(D) below.
- (D)The Planning Board may modify or reverse a decision of the Planning Director on finding, based on clear and substantial evidence in the record, that:
- (i)The record demonstrates that an error in judgment occurred or facts or provisions in this Ordinance were misread in determining whether the particular standard was or was not met;
- (ii)The decision is not based on standards contained in Section 27-3614(f), Departure (Minor and Major) Decision Standards, or other applicable County ordinances or regulations; or
- (iii)The decision violates County, State, or Federal law.
- (E)The decision of the Planning Board shall be by resolution and shall include a statement of the findings of fact and conclusions that support the decision. The resolution, or a copy of it, shall form part of the minutes or other records of the Planning Board.
- (F)The Planning Board’s decision on an appeal is final 30 days after filing the written decision.
- (G)The Planning Board shall provide its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record, the municipality within one mile of the subject property (if applicable), and the Planning Director.
- (10)Post-Decision Actions
- (A)Effect of Approval
A minor departure authorizes only the particular regulatory relief approved. It does not exempt the applicant from the responsibility to obtain all other development approvals and permits required by this Ordinance, and any other applicable laws, and does not indicate that the development for which the departure is granted should receive other development approvals or permits unless the relevant and applicable portions of this Ordinance or any other applicable laws are met.
- (B)Lapse of Approval
A minor departure allowing the construction of a building or structure shall not be valid for more than the validity period of the development approval or permit with which it was considered and approved.
- (C)Amendment
A minor departure may be amended only in accordance with the procedures and standards established for its original approval.
- (e)Major Departure Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to applications for a major departure. Figure 27-3614(e) identifies key steps in the major departure procedure.
Figure 27-3614(e): Major Departure Procedure (Illustrative) | ||||||||||||||||||||||||||||||||||||
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- (1)Pre-Application Conference
See Section 27-3401, Pre-Application Conference.
- (2)Pre-Application Neighborhood Meeting
See Section 27-3402, Pre-Application Neighborhood Meeting.
- (3)Application Submittal
See Section 27-3403, Application Submittal. At the discretion of the Planning Director, development applications for major departures may be processed and reviewed concurrently with parent development applications required by this Ordinance for development of a project (e.g., special exception or detailed site plan).
- (4)Determination of Completeness
See Section 27-3404, Determination of Completeness.
- (5)Staff Review and Action
See Section 27-3406, Staff Review and Action. After staff review and evaluation of the application, the Planning Director shall prepare a Technical Staff Report, which shall include a recommendation, on the application.
- (6)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice.
- (7)Review and Decision by Decision-Making Body or Official
See Section 27-3409, Review and Decision by Decision-Making Body or Official. The Planning Board shall conduct a public hearing on the application in accordance with Section 27-3412, Evidentiary Hearing, and make a decision in accordance with Section 27-3614(f), Departure (Minor and Major) Decision Standards. The Planning Board's decision shall be by resolution and shall set forth the Planning Board's findings of fact and conclusions to support the decision. The decision shall be to:
- (A)Approve the major departure;
- (B)Approve the major departure, subject to conditions of approval; or
- (C)Disapprove the major departure.
- (8)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (9)Notification
See Section 27-3416, Notification.
- (10)Appeal
The relief available to an applicant from the decision of the Planning Board on an application for a major departure, that is not being reviewed concurrently within a parent development application, is to the Circuit Court.
- (11)Post-Decision Actions
- (A)Effect of Approval
A major departure authorizes only the particular regulatory relief approved. It does not exempt the applicant from the responsibility to obtain all other development approvals and permits required by this Ordinance, and any other applicable laws, and does not indicate that the development for which the departure is granted should receive other development approvals or permits unless the relevant and applicable portions of this Ordinance or any other applicable laws are met.
- (B)Lapse of Approval
A major departure allowing the construction of a building or structure shall not be valid for longer than the expiration period of the development approval or permit with which it was considered and approved.
- (C)Amendment
A major departure may be amended only in accordance with the procedures and standards established for its original approval.
- (f)Departure (Minor and Major) Decision Standards
The Planning Director or Planning Board, as appropriate, may approve a departure (minor or major) upon a finding that the applicant demonstrates the proposed departure complies with the following:
- (1)The departure falls within the thresholds provided in Subsections 27-3614(b)(1), Minor Departures or 27-3614(b)(2), Major Departures, above, for the applicable type of departure;
- (2)The departure is consistent with the character of development on surrounding land, and is compatible with surrounding land uses;
- (3)The departure:
- (A)Compensates for some unusual aspect of the site or the proposed development that is not shared by landowners in general, and
- (B)Supports an objective or goal from the purpose and intent statements of the zone where it is located, or
- (C)Saves healthy existing trees.
- (4)The departure will not pose a danger to the public health or safety;
- (5)Any adverse impacts are mitigated, to the maximum extent practicable;
- (6)The site is not subject to a series of multiple, incremental departures that result in a reduction in each development standard by the maximum allowed over the previous twenty (20) years. (Relevant development standards cannot be reduced beyond the maximum thresholds allowed in this Subsection, through more than one departure, over the previous twenty (20) years); and
- (7)For a departure from a standard contained in the Landscape Manual, the Planning Board shall find, in addition to the requirements above, that there is no feasible proposal for alternative compliance, as defined in the Landscape Manual, which would exhibit equally effective design characteristics.
27-3615. Validation of Permit Issued in Error
(a)
General
This Section establishes a uniform mechanism for providing a way to resolve potential disputes relating to erroneously issued permits that would otherwise require an enforcement action. The further intent is to resolve these potential disputes in a way that balances landowner expectations and the requirements of this Ordinance so as to minimize the costs and expenses associated with enforcement actions to both the County and landowner.
(b)
Applicability
This Section applies to any of the following permits that were issued in error:
- (1)
- (2)A use and occupancy permit;
- (3)A sign permit; or
- (4)A County or municipal apartment license.
(c)
Validation of Permit Issued in Error Submittal Requirements
- (1)An application for the validation shall be filed with the Department of Permitting, Inspections, and Enforcement.
- (2)The application form shall be provided by the Department of Permitting, Inspections, and Enforcement and shall contain the information which the DPIE Director deems is necessary to meet the provisions of this Section.
- (3)Along with the application, the applicant shall submit the following:
- (A)A statement listing the name, and the business and residential addresses, of all individuals having at least a five (5) percent financial interest in the property or the contract purchaser(s);
- (B)If any owner or contract purchaser(s) is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. This statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors; and
- (C)If the owner or contract purchaser(s) is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).
(d)
Validation of Permit Issued in Error Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to applications for validation of a permit issued in error. Figure 27-3615(c) identifies key steps in the validation of permit issued in error procedure.
Figure 27-3615(c): Validation of Permit Issued in Error Procedure (Illustrative) | ||||||||||||||||||||||||||||||||
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- (1)Application Submittal
See Section 27-3403, Application Submittal. An application for a validation of permit shall be submitted to the DPIE Director.
- (2)Determination of Completeness
See Section 27-3404, Determination of Completeness. The DPIE Director shall determine whether the application is complete.
- (3)Staff Review and Action
See Section 27-3406, Staff Review and Action. The DPIE Director shall prepare a presentation of facts pertaining to the application in coordination with the Planning Director. The DPIE Director shall forward the application and any accompanying material to the ZHE.
- (4)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice.
- (5)Review and Recommendation by Advisory Board or Official
See Section 27-3408, Review and Recommendation by Advisory Board or Official.
- (A)The ZHE shall conduct a public hearing on the application in accordance with Section 27-3412, Evidentiary Hearing. After the hearing is concluded, the ZHE shall make a decision on the application based on Section 27-3615(e), Validation of Permit Issued in Error Decision Standards. The decision shall contain specific findings of basic facts, conclusions of law, and a recommended decision, and shall constitute the record on the matter.
- (B)The ZHE shall serve upon all persons of record a copy of the written decision.
- (6)Review and Decision by Decision-Making Body or Official
See Section 27-3409, Review and Decision by Decision-Making Body or Official.
- (A)The District Council shall conduct an Oral Argument hearing on the application in accordance with Section 27-3414; Oral Argument Hearing, and render a final decision in accordance with Section 27-3615(e), Validation of Permit Issued in Error Decision Standards, based on the record. Persons of record may not introduce evidence not already in the record.
- (B)The Council may, however, either upon written request by a person of record or upon its own motion, remand a case to the ZHE to reopen the record to receive and evaluate additional evidence. In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same land, including the approval of a preliminary plat of subdivision.
- (7)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval).
- (8)Notification
See Section 27-3416, Notification.
- (9)Post-Decision Actions
An approved validation of a permit issued in error authorizes the applicant to undertake the uses, development, or activities authorized in the permit, as modified by the final decision of the District Council. Any building, structure, or use, for which a permit issued in error has been validated by the District Council in accordance with this Subsection shall be deemed a nonconforming building or structure, or a certified nonconforming use, unless otherwise specified by the Council when it validates the permit. The nonconforming building or structure, or certified nonconforming use, shall be subject to all of the provisions of PART 27-7, Nonconforming Buildings, Structures, Uses, Lots, and Signs.
- (e)Validation of Permit Issued in Error Decision Standards
A validation of a permit issued in error may only be approved if the applicant demonstrates by substantial competent evidence in the record that:
- (1)No fraud or misrepresentation occurred in obtaining the permit;
- (2)At the time of the permit's issuance, no appeal or controversy regarding its issuance was pending before any review body;
- (3)The applicant has acted in good faith on the permit approval, expending monies or incurring other obligations in reliance on the permit; and
- (4)The validation will not adversely affect the public interest or the health, safety, or welfare of County landowners and residents.
27-3616. Appeal to Board of Appeals (BOA)
(a)
General
This Section establishes a uniform mechanism for appeal to the Board of Appeals (BOA) from an action or decision of the Planning Director or DPIE Director.
(b)
Applicability
Appeals to the BOA may be taken by any person aggrieved by:
- (1)A denial of:
- (A)
- (B)A temporary use permit (Section 27-3607);
- (C)A use and occupancy permit (Section 27-3608);
- (D)A grading permit (Section 27-3610); or
- (E)A building permit (Section 27-3611).
- (2)A zoning enforcement action (PART 27-8).
- (3)Errors in the refusal of a building or use and occupancy permit, or in any other decision of the Department of Permitting, Inspections, and Enforcement or any other person or body authorized to administer this Subtitle, where an appeal is not otherwise provided for.
(c)
Appeal to BOA Submittal Requirements and Fees
- (1)Appeals may be made by any person who alleges that they are aggrieved by the refusal of a permit, by the issuance of a zoning violation notice, or other decision made in administering this Subtitle, except for a civil citation issued in accordance with Subtitle 28: Civil Monetary Fines or Penalties, of the County Code. For purposes of this Subsection, "issuance of a zoning violation" means the earlier of the date of posting, the date of personal service, or if mailed, the date that the notice was postmarked.
- (2)Appeals involving a variance shall be filed with the BOA only after the Department of Permitting, Inspections, and Enforcement refuses to issue a building or use and occupancy permit, or after it is alleged that the permit has been issued in error. The BOA may waive this requirement and allow the filing of the appeal prior to any action on the permit.
- (3)Written appeals and requests to grant additional time to cease a violation shall be made by letter filed with the Board Administrator.
- (4)Appeals and requests to grant additional time to cease a violation shall be numbered sequentially, docketed, and scheduled to be heard by the BOA. The schedule shall be posted at least seven (7) days prior to the hearing date.
- (5)The appellant shall pay the Board Administrator all expenses of the appeal, including the cost estimated by the Administrator for sending notices and advertising. Any and all fees shall be made payable to “PGC” through the Board Administrator. A separate fee for the cost of public notice signs shall be paid to Prince George’s County, Maryland. The fees are nonrefundable unless (upon request of the appellant) the BOA finds that the fee was paid by mistake. All fees must be paid at the time of filing, except as provided.
- (6)In lieu of the fee the appellant may submit an affidavit claiming that payment of the fee would be an extreme financial hardship. The hardship may only be claimed by a natural person. The affidavit shall contain the information required by the County Director of Finance and any other pertinent facts which the appellant feels are necessary.
- (7)Upon filing the affidavit, the Administrator shall transmit it to the Director of Finance (or his designee) who shall (within 10 working days) determine whether payment of the fee is an extreme financial hardship on the appellant. Should the Director find that hardship does not exist, the appellant shall be required to pay the fees before the appeal may be heard by the BOA.
(d)
Appeal to BOA Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to appeals to the BOA. Figure 27-3616(c) identifies key steps in the procedure for appeal to the BOA.
Figure 27-3616(c): Appeal to BOA Procedure (Illustrative) | ||||||||||||||||||||||||
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- (1)Application Submittal
Applications for appeals shall be submitted to the BOA.
- (A)Appeals may be made by any person (known in this Part as the "appellant") alleging they are aggrieved by the denial of a permit, interpretation, zoning certification, or enforcement action as identified in Section 27-3616(b) above.
- (B)Appeals on a permit denial, interpretation, zoning certification, or enforcement action shall specify the grounds for the appeal and shall be submitted to the BOA, within 30 days after receipt of notice of the decision being appealed.
- (2)Determination of Completeness
See Section 27-3404, Determination of Completeness. The determination that the appeal application is complete shall be made by the BOA staff.
- (3)Staff Review and Action
This subsection is not applicable to the BOA.
- (4)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice. In addition, in the case of a request to grant additional time to cease a violation, notice shall also be sent to the Zoning Enforcement Officer, who shall notify all persons who have made written or oral complaints concerning the violation.
- (5)Review and Decision by Decision-Making Body or Official
- (A)Before making its decision on any appeal, or a request to grant additional time to cease a violation, the BOA shall hold a public hearing in accordance with Section 27-3412, Evidentiary Hearing. After the conclusion of the hearing, the BOA shall make a decision on the appeal in accordance with Section 27-3616(e), Appeal to BOA Decision Standards. The decision shall be one of the following:
- (i)Affirmation of the action or decision, in whole or in part;
- (ii)Modification of the action or decision, in whole or in part; or
- (iii)Reversal of the action or decision, in whole or in part.
- (B)The decision of the BOA shall include a statement of the findings of fact and conclusions that support the decision. The resolution, or a copy of it, shall form part of the minutes or other record of the BOA.
- (6)Notification
See Section 27-3416, Notification, except BOA notifies.
- (e)Appeal to BOA Decision Standards
The BOA may reverse, affirm, or modify a decision, interpretation, or action appealed, on finding substantial competent evidence in the record that:
- (1)An error was made in determining whether a standard was met. The record shall indicate that an error in judgment occurred or facts or provisions in this Ordinance were misread in determining whether the particular standard was or was not met;
- (2)The decision is based on a standard not contained in this Ordinance or other applicable County ordinances or regulations; or
- (3)The decision, interpretation, or action violates County, State, or Federal law.
27-3617. Authorization of Permit Within Proposed Right-of-Way (ROW)
(a)
Applicability
- (1)General
- (A)A landowner may submit an application for authorization for a permit in accordance with this Section in any of the following instances:
- (i)The land that is the subject of the application is also the subject of a pending application for a special exception, detailed site plan, or departure (minor or major); or
- (ii)An application for issuance of a permit identified in Section 27-3617(a)(1)(A)(i) above, is recommended for denial, and the recommendation for denial is not based on any failure to comply with any requirements of this Ordinance, the Regional District Act, or any conditions of approval placed on the land in a zoning case or subdivision plat approval.
- (B)Along with the application, the applicant shall submit the following:
- (i)A statement listing the names and the business and residential addresses of all individuals having at least a five percent (5%) financial interest in the subject property;
- (ii)If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The same statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors; and
- (iii)If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).
- (C)For the purposes of this Section, the term "owner" shall include not only the owner of record, but also any contract purchaser.
- (D)Unless exempted in accordance with Section 27-3617(a)(2) below, above, authorization by the District Council in accordance with this Subsection is required prior to the issuance of a building permit or sign permit for any structure on land located within the right-of-way or acquisition lines of a proposed street, rapid transit route, or rapid transit facility, or proposed relocation or widening of an existing street, rapid transit route, or rapid transit facility, as shown on the General Plan, the Functional Master Plan of Transportation, any Area Master Plan or Sector Plan, and any Area Master Plan or Sector Plan adopted by the Planning Board but not yet approved by the District Council. (This shall not include an Area Master Plan or Sector Plan rejected by the Council.)
- (2)Exemptions
The following do not require authorization by the District Council in accordance with this Section:
- (A)Building permits for any structures on:
- (i)Land which was in reservation but is now not in reservation, and has not been acquired and is not being acquired; or
- (ii)Land which was subdivided after the adoption of the General Plan, a Functional Master Plan of transportation, or an Area Master Plan or Sector Plan, but was not reserved or required to be dedicated for a street or rapid transit route or facility shown on the adopted plan;
- (B)A permit for the replacement of a legally erected sign if the replacement sign is otherwise in conformance with this Ordinance, is not an intensification of signage for the subject land, and if the proposed transportation facility (street, rapid transit route, or rapid transit facility) is not fully funded for construction in the adopted County Capital Improvement Program or the current State Consolidated Transportation Program; and
- (C)A sign temporarily located within a proposed street right-of-way in accordance with Section 27-61504(d), Signs Within Proposed Right-of-Way.
(b)
Authorization of Permit Within Proposed ROW Procedure
Figure 27-3617(b): Authorization of Permit Within Proposed ROW Procedure (Illustrative) | ||||||||||||||||||||||||||||
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- (1)Application Submittal
- (A)Along with the application, the owner shall submit the following:
- (i)A statement listing the names and the business and residential addresses of all individuals having at least a five percent (5%) financial interest in the subject property;
- (ii)If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The same statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors; and
- (iii)If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds).
- (2)For the purposes of Subparagraphs (ii) and (iii), above, the term "owner" shall include not only the owner of record, but also any contract purchaser.
- (3)Determination of Completeness
See Section 27-3404, Determination of Completeness).
- (4)Staff Review and Action
- (A)Copies of the request and any accompanying material shall be forwarded by the Clerk of the Council to the Office of the Zoning Hearing Examiner, the Building Inspector, the Chairman of the Planning Board, and the head of the agency having jurisdiction over the construction of any improvements within the right-of-way.
- (B)The Clerk of the Council may require the property owner to submit sufficient copies of the request and any accompanying materials to the Clerk, in order to make transmittals to agencies as required by this Section.
- (5)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice).
- (6)Review and Recommendation of Advisory Board or Official
See Section 27-3408, Review and Recommendation by Advisory Board or Official).
- (A)The ZHE shall conduct a public hearing on the application in accordance with Section 27-3412, Evidentiary Hearing. After the hearing is concluded, the ZHE shall make a recommendation on the application based on Section 27-3617(c), Authorization of Permit Within Proposed ROW Decision Standards. The decision shall contain specific findings of basic facts, conclusions of law, and a recommended decision, which shall constitute the record on the matter.
- (B)The ZHE shall serve upon all persons of record a copy of the written decision.
- (7)Review and Decision by Decision-making Body or Official
See Section 27-3409, Review and Decision by Decision-Making Body or Official).
- (A)The District Council shall conduct an Oral Argument Hearing on the application in accordance with Section 27-3414, Oral Argument Hearing, and its Rules of Procedure, and render a final decision in accordance with Section 27-3617(c), Authorization of Permit Within Proposed ROW Decision Standards, based on the record.
- (B)The Council may, however, either upon written request by a person of record or upon its own motion, remand a case to the ZHE to reopen the record to receive and evaluate additional evidence.
- (8)Conditions of Approval
Allowed (see Section 27-3415, Conditions of Approval). As part of the conditions of approval, the Council may specify the exact location, ground area, height, extent, and character of the structure to be allowed.
- (9)Notification
See Section 27-3416, Notification.
- (10)Post Decision Actions
- (A)Effect
An approved authorization for a Permit Within Proposed ROW only authorizes the applicant to undertake the specific development authorized in the permit.
- (B)Lapse of Approval
- (i)An approved authorization for a Permit Within Proposed ROW that was filed in connection with a pending special exception, detailed site plan, or departure (minor or major), shall be automatically terminated if the special exception, detailed site plan, or departure (minor or major) is denied.
- (ii)All permits for construction of the structure shall be obtained and construction must be proceeding in accordance with the permit within two (2) years of its approval, or the authorization for the permit shall automatically expire. The applicant may request and the Planning Director may grant, a one year extension for good cause.
- (c)Authorization of Permit Within Proposed ROW Decision Standards
The District Council may only authorize a Permit Within Proposed ROW in accordance with this Section only if it finds there is competent substantial evidence that:
- (1)The entire property cannot yield a reasonable return to the landowner unless the permit is granted;
- (2)Reasonable justice and equity are served by issuing the permit;
- (3)The interest of the County is balanced with the interests of the landowner; and
- (4)The integrity of the General Plan, Functional Master Plan of Transportation, and the applicable Area Master Plan or Sector Plan is preserved.
- (d)Conditions Placed on Approval
If the Council authorizes the issuance of the permit, it shall specify the exact location, ground area, height, extent, and character of the structure to be allowed. The Council may also impose reasonable conditions which benefit the County.
- (e)Validity
- (1)In the case of a request filed in connection with a pending site plan, as described in Subsection (b)(1), above, the authorization for issuance of a permit shall be automatically terminated if the application for a special exception, detailed site plan, or departure (minor or major) is denied.
- (2)Where authorization for issuance of a permit has been approved in connection with a pending site plan, the authorization shall be valid for two (2) years. Within two (2) years of the date of final approval of the request, a permit must be obtained and construction must be proceeding pursuant to the permit, or the authorization shall be terminated. A one (1) year extension of the validity period may be granted by the Planning Director if the applicant is diligently proceeding towards issuance of a permit.
- (f)Amendment
An authorization of a Permit Within Proposed ROW may be amended only in accordance with the procedures and standards established for its original approval.
27-3618. Certification of Nonconforming Use
(a)
General
This Section provides a uniform mechanism for the review and certification of all nonconforming uses under this Ordinance.
(b)
Applicability
- (1)A nonconforming use may only continue if a use and occupancy permit identifying the use as nonconforming is issued after the Planning Director or the District Council certifies the use is nonconforming and is not illegal (except as provided for in Section 27-3615(d)(10)).
- (2)Certification of a nonconforming use under this Ordinance may only be approved in accordance with the procedures and standards of this Section, prior to its development or redevelopment.
- (3)The following development is exempted from the requirements of this Section:
- (A)Nonconforming buildings, structures, and site elements;
- (B)Nonconforming signs, except that outdoor advertising signs shall be subject to this Section (see Section 27-7500); and
- (C)
(c)
Certification of Nonconforming Use Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to applications to certify a nonconforming use. Figure 27-3618(c) identifies key steps in the certification procedure.
Figure 27-3618(c): Certification of Nonconforming Use Procedure (Illustrative) | ||||||||||||||||||||||||||||||||||||
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- (1)Application Submittal
- (A)
- (B)Along with the application and accompanying plans, the applicant shall provide the following:
- (i)Documentary evidence, such as tax records, business records, public utility installation or payment records, and sworn affidavits, showing the commencing date and continuous existence of the nonconforming use;
- (ii)Evidence that the nonconforming use has not ceased to operate for more than 180 consecutive calendar days between the time the use became nonconforming and the date when the application is submitted, or that conditions of nonoperation for more than 180 consecutive calendar days were beyond the applicant's and/or owner's control, were for the purpose of correcting Code violations, or were due to the seasonal nature of the use;
- (iii)Specific data showing:
- (aa)The exact nature, size, and location of the building, structure, and use;
- (bb)A legal description of the property; and
- (cc)The precise location and limits of the use on the property and within any building it occupies.
- (iv)A copy of a valid use and occupancy permit issued for the use prior to the date upon which it became a nonconforming use, if the applicant possesses one.
- (v)In the case of outdoor advertising signs, the requirements of Section 27-3618(c)(1)(B)(ii), above, are not applicable. Documentary evidence, including but not limited to deeds, tax records, business records, approved plats or development plans, permits, public utility installation or payment records, photographs, and sworn affidavits, showing that the outdoor advertising sign was constructed prior to and has operated continuously since January 1, 2002.
- (2)Determination of Completeness
See Section 27-3404, Determination of Completeness. The Planning Director determines whether the application is complete.
- (3)Staff Review and Action
See Section 27-3406, Staff Review and Action.
- (A)In addition, and before the Planning Director makes a decision on the application, the applicant shall post the property subject to the application with a durable sign(s) that can be readily seen from any existing public right-of-way(s) adjoining the property, within ten days of acceptance. The sign(s) shall provide notice of the application, the nature of the nonconforming use for which the certification is sought, a date, at least 20 days after posting, by which written comments and/or supporting documentary evidence relating to the commencing date and continuity of such nonconforming use will be received and accepted from the public by the Planning Director, and instructions for obtaining additional information about the application. This posting requirement shall not apply to uses that, with the exception of parking in accordance with Section 27-6300, Off-Street Parking and Loading, occur solely within an enclosed building.
- (B)Except for outdoor advertising signs, after staff review and evaluation of the application, notice of the application is posted in accordance with Subsection (A) above, and sufficient time has lapsed for receipt of comments from the public on the application, the Planning Director shall make a decision on an application in accordance with the standards in Section 27-3618(d), Certification of Nonconforming Use Decision Standards. The decision shall be one of the following:
- (i)Approve the application as submitted; or
- (ii)Disapprove the application.
- (C)The Planning Director shall not make a decision for approval of the application prior to the specified date on which written comments and/or requests for public hearing are accepted.
- (D)For outdoor advertising signs, if satisfactory documentary evidence described in Section 27-3618(c)(1)(B)(v) is received, the Planning Director shall approve certification of the use as nonconforming for the purpose of issuing applicable permits and certifying the use as nonconforming. This approval shall not be made prior to the specified date on which written comments and/or requests for public hearing are accepted.
- (E)If the application is disapproved, a written statement shall be included with the application stating the reasons why the application does not comply with the decision standards.
- (F)Following a decision, the Planning Director shall notify the District Council and the applicant of the decision. Electronic notice of the decision shall also be made by the Planning Director not later than 7 calendar days after the date of the decision. The Planning Director shall also publish the development activity report on the Planning Department's website.
- (G)If no appeal of the Planning Director’s decision has been filed; or if the District Council does not elect to review the decision as authorized by Section 27-3618(c)(5), below; within thirty (30) days of receipt of the decision by the Planning Director, the Planning Director shall certify the use as nonconforming if the decision had been for approval, and shall disapprove the application if the decision had been for disapproval.
- (H)Subsections (F) and (G), above, and Section 27-3618(c)(5), Appeal and Election, below, shall not apply to uses that, with the exception of parking in accordance with Section 27-6300, Off-Street Parking and Loading, occur solely within an enclosed building.
- (4)Notification
See Section 27-3415, Notification, for public hearing notification, if any public hearings are required. See Subsection 27-3618(c)(3), above, for notification pertaining to administrative procedures involving Planning Director decisions.
- (5)Appeal, Election, and Public Hearings
Optional (see Section 27-3416, Appeal).
- (A)The applicant or any aggrieved person may appeal the Planning Director’s decision on an application for a certification of nonconforming use, by filing a notice of appeal with the Clerk of the Council within 30 days of the Planning Director’s mailing of the decision.
- (B)In addition, the District Council may, on its own motion, elect to review the Planning Director’s decision on the certificate of nonconforming use, within 30 days of receiving notice of the Planning Director’s decision.
- (C)If an appeal is filed or the District Council decides to review the Planning Director’s decision, the Clerk of the Council shall notify the Planning Director of the Council’s decision. Within seven (7) calendar days after receiving this notice, the Planning Director shall transmit to the District Council the application and all written materials and other evidence related to its review, and any additional information or explanatory material deemed appropriate. This shall constitute the record on appeal or election review.
- (D)The ZHE shall conduct a public hearing in accordance with Section 27-3412, Evidentiary Hearing, on the application. The ZHE shall make the same findings required for administrative review and decision by the Planning Director required in this Section, as well as any other applicable prescriptions regulating the proposed use specified within any other applicable Subtitle of this Code.
- (E)The ZHE shall file a written recommendation with the District Council within thirty (30) days after the close of the hearing record. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner’s recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
- (F)Upon receipt of the ZHE’s recommendation, the Clerk of the Council shall schedule and provide notice of a District Council oral argument hearing in accordance with Section 27-3414, Oral Argument Hearing, on the appeal to the appellant, the applicant, and any persons of record a minimum of thirty (30) days before the date of the hearing.
- (G)The District Council shall make its decision within forty-five (45) days from the filing of the Zoning Hearing Examiner’s recommendation. The District Council shall render a final decision based on the decision standards in Section 27-3618(d), below. The District Council shall provide its decision in writing, stating the reasons for its action. Failure of the Council to take action within this time shall constitute a decision to certify the use.
- (H)The District Council may modify or reverse the decision of the Planning Director on appeal or election to review if the decision is not supported by substantial evidence, is arbitrary and capricious, or is predicated on an error of law.
- (I)The Clerk of the Council shall mail copies of the District Council’s decision to all persons of record and the Planning Director, within a reasonable period of time after the decision.
- (6)Post-Decision Actions
- (A)Development of the land subject to a certification of nonconforming use shall comply with the approved certification of nonconforming use, PART 27-7: Nonconforming Buildings, Structures, Uses, Lots, and Signs, and all other relevant provisions of this Ordinance.
- (B)Following certification of nonconforming use, the concurrent application for a use and occupancy permit that was submitted with the application for certification of nonconforming use shall be forwarded to the DPIE Director for approval and issuance. The use and occupancy permit shall identify the use as nonconforming. Any person making use of or relying upon the certification that is violating or has violated any conditions thereof, or that the use for which the certification was granted is being, or has been exercised contrary to the terms or conditions of such approval shall be grounds for revocation proceedings in accordance with this Section.
- (7)Revocation of Certification
- (A)Upon an application filed by the DPIE Director, or upon its own motion, the Planning Board may conduct a public hearing to determine whether an approved certification of a nonconforming use should be revoked. The landowners subject to the potential revocation and all persons of record shall be given notice of the hearing within a reasonable period of time prior to the hearing.
- (B)The Planning Board shall revoke the certification if it finds that either:
- (i)There was fraud or misrepresentation in obtaining the certification; or
- (ii)A certified nonconforming use has been discontinued for a period of 180 or more consecutive days, unless the conditions of non-operation were beyond the control of the owner or holder of the use and occupancy permit; or
- (iii)Any applicable requirements of Section 27-3618, Certification of Nonconforming Use, have not been met.
- (C)The Planning Board shall notify the DPIE Director of a revocation. The DPIE Director, in turn, shall revoke the use and occupancy permit for the nonconforming use.
- (D)The decision of the Planning Board may be appealed to the District Council in the same manner as an original certification (see Section 27-3618, Certification of Nonconforming Use).
- (d)Certification of Nonconforming Use Decision Standards
An application for a certification of nonconforming use shall be approved upon finding that:
- (1)The applicant demonstrates the development is a nonconforming use and has submitted sufficient evidence as to the commencing date and continuity of the nonconforming use; and
- (2)The use to be certified as nonconforming has no outstanding Code violations with the Department of Permitting, Inspections, and Enforcement regarding the property other than failure to have a use and occupancy permit.
27-3619. Expedited Transit-Oriented Development Review
(a)
Applicability
Applicants may seek expedited detailed site plan review and approval in accordance with this Section for projects when:
- (1)The subject property has greater than fifty percent (50%) of its net lot area located within a one-half mile radius of a constructed WMATA Metrorail station as measured from the center of the transit station platform, or
- (2)The subject property is located entirely within the Bowie State Maryland Area Regional Commuter (“MARC”) Station Local Center as designated on the Growth Policy Map in the General Plan, as may be amended from time to time.
- (3)The proposed development shall consist of at least one building that includes two (2) or more stories with habitable or leasable space above grade.
(b)
Submittal Requirements
See Section 27-3605(c), Submittal Requirements. In addition:
- (1)Any development application filed pursuant to this Section shall be prominently designated as an "Expedited Transit-Oriented Development Site Plan Application," and eligible applications shall be so designated as "SEEKING EXPEDITED REVIEW" in bold capital letters and in a prominent location on at least the first page of the application at the time of filing of the application.
- (2)Expedited transit-oriented development projects for which a preliminary plan of subdivision (minor or major) is required may file a preliminary plan application concurrently with an expedited transit-oriented development site plan application.
(c)
Expedited Transit-Oriented Development Review Procedure
This Subsection identifies additions or modifications to the standard review procedures in Section 27-3400, Standard Review Procedures, that apply to expedited transit-oriented development site plan applications. Figure 27-3621(c) identifies key steps in the expedited transit-oriented development review procedure.
27-3619(c): Expedited Transit-Oriented Development Review Procedure (Illustrative) | ||||||||||||||||||||||||||||||||||||
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- (1)Pre-Application Conference
See Section 27-3401, Pre-Application Conference. In addition, notification of this pre-application conference shall be provided to the Clerk of the Council, as well as every municipality located within one (1) mile of the applicant's property.
- (2)Pre-Application Neighborhood Meeting
See Section 27-3402, Pre-Application Neighborhood Meeting
- (3)Application Submittal
See Section 27-3403, Application Submittal
- (4)Determination of Completeness
When an expedited transit-oriented development application for detailed site plan approval is filed with the Planning Board, the Planning Director shall have five (5) working days to review, provide written comments, and accept or reject the application. In the event that the Planning Director rejects an application, it shall state the basis for the rejection in writing and list the deficiencies that must be corrected prior to the application being accepted.
- (5)Staff Review and Action
- (A)Review by the Department of Permitting, Inspections, and Enforcement
Review of expedited transit-oriented development site plan applications by the Department of Permitting, Inspections, and Enforcement, as prescribed by Subtitle 32 of this Code, shall be expedited. Notwithstanding any other requirement in this Code, an expedited transit-oriented development site plan application may be filed with the Planning Board thirty (30) days after the stormwater management concept plan for the project is filed with the Department of Permitting, Inspections, and Enforcement. The Planning Board may not approve an expedited transit-oriented development site plan application without an approved stormwater management concept plan for the project in accordance with Subtitle 32 of this Code.
- (B)Review by Other County Agencies
All County agencies with responsibility for permit review for an expedited transit-oriented development project shall make such review the highest priority in their staffs' permitting work responsibilities and shall comport with the expedited development review and permitting provisions of this Section. Permits may be staged to enable specific phases of expedited transit-oriented development projects to proceed while concurrent review for future phases is ongoing.
- (C)Review by the Planning Department
Expedited transit-oriented development site plan applications shall take highest priority in the work program of the Planning Department staff.
- (6)Scheduling Public Hearing and Public Notice
See Section 27-3407, Scheduling of Hearings and Public Notice.
- (7)Review and Decision by Decision-Making Body or Official
Applying the requirements of this Section and other applicable requirements of this Subtitle, the Planning Board shall provide notice, schedule, and conduct an evidentiary hearing on the application in accordance with Section 27-3412, Evidentiary Hearing, and adopt a resolution of approval, disapproval, or approval with conditions (the "Planning Board's decision") on an expedited transit-oriented development site plan application within sixty (60) days after an application is accepted. If the Planning Board's decision does not occur within sixty (60) days of application acceptance, the expedited transit-oriented development site plan application shall be deemed to be approved, unless the project has not received an approved stormwater management concept plan in accordance with Subtitle 32 of the Code. The month of August and the period between and inclusive of December 20 and January 3 shall not be included in calculating this sixty (60) day period. The applicant may (in writing to the Planning Board), in advance of the expiration of the period, waive the sixty (60) day requirement to provide for some longer specified review period for the application of this subsection. If the expedited transit-oriented development site plan application has not received an approved stormwater management concept plan in accordance with Subtitle 32 of the Code by the expiration of the sixty (60) day review period in, without a Planning Board decision being made, and the applicant has not extended the sixty (60) day review period, the expedited transit-oriented development site plan application shall be deemed disapproved.
- (8)Conditions of Approval
Allowed (See Section 27-3415, Conditions of Approval).
- (9)Notification
See Section 27-3416, Notification. The Planning Board shall send written notice of the Planning Board's decision, including a copy of the decision, to the Clerk of the Council, all persons of record, and the applicant within seven (7) calendar days after the date of the Planning Board's decision.
- (10)Appeal and Election
Optional (see Section 27-3417, Appeal).
- (A)Within thirty (30) calendar days after the date of the notice of the Planning Board's decision on an expedited transit-oriented development site plan application, the District Council may vote to review the Planning Board's decision on its own motion, or an applicant or a person of record may appeal the Planning Board's decision to the District Council by filing a written appeal with the Clerk of the Council.
- (B)An appeal by an applicant or a person of record shall specify the error which is claimed to have been committed by the Planning Board and shall also specify those portions of the record relied upon to support the error alleged. A copy of the appeal shall be sent by the submitter to all persons of record (by regular mail), and a certificate of service shall accompany the submission to the Clerk.
- (C)If, within thirty (30) calendar days after the date of the notice of the Planning Board's decision, the District Council has not elected to review the Planning Board's decision and no appeal has been filed by a person of record or the applicant, the Planning Board's decision on the expedited transit-oriented development site plan application shall be deemed to be affirmed by the District Council.
- (D)The Clerk of the Council shall notify (and may do so by electronic transmission) the Planning Board of the review decision or appeal, if any. The Planning Board shall transmit (and may do so by electronic transmission) to the District Council, within seven (7) calendar days of receipt of the notice from the Clerk, the expedited transit-oriented development site plan application, the official list of persons of record, and all written evidence and any other materials used in the consideration of the application by the Planning Board.
- (E)The District Council shall hold a public hearing on the review or appeal within twenty-one (21) calendar days after the decision to review or the filing of an appeal from the Planning Board's decision on an expedited transit-oriented development site plan application. A person of record or an applicant that has appealed a Planning Board's decision to the District Council pursuant to this Section may also withdraw their appeal in writing to the Clerk of the Council (by regular mail or hand delivery) at any time prior to notice being issued for the public hearing and, provided the District Council has also not elected to review the Planning Board's decision on the application, the Planning Board's decision on the expedited transit-oriented development site plan application shall be deemed to be affirmed by the District Council so long as the review and appeal period has expired.
- (F)The Clerk of the Council shall send written notice to all parties of record of the appeal or the District Council's election to review the decision of the Planning Board including notice of the public hearing, not later than ten (10) calendar days prior to any public hearing on the review.
- (G)Within seven (7) calendar days after the close of the District Council's public hearing on review of the Planning Board's decision on an expedited transit-oriented development site plan application, the Council shall approve, approve with conditions, or disapprove the application filed pursuant to this Section or the Planning Board's decision shall be deemed to be affirmed. The District Council shall state the reasons for its action in writing. Where the District Council approves an expedited transit-oriented development site plan application, the District Council shall make the same findings required for the Planning Board decision. In the event no final action is taken by the District Council within twenty-eight (28) calendar days after the date that the District Council elects to review the Planning Board's decision or the date an appeal from the Planning Board's decision is filed, the Planning Board's decision on the application shall be deemed to be affirmed. The months of August and December shall not be considered for the purpose of calculating the time for consideration or final action by the District Council on an application filed pursuant to this Section.
- (H)Copies of the District Council decision on an expedited transit-oriented development site plan application shall be sent to all parties of record, the applicant, and the Planning Board.
- (d)Expedited Transit-Oriented Development Decision Standards
An expedited transit-oriented development site plan may only be approved upon a finding that all of the following standards are met:
- (1)The proposed development represents a reasonable alternative for satisfying the applicable standards of this Subtitle, without requiring unreasonable costs and without detracting substantially from the utility of the proposed development for its intended use;
- (2)The proposed development complies with all conditions of approval in any development approvals and permits to which the expedited transit-oriented development site plan is subject;
- (3)The proposed development demonstrates the preservation and/or restoration of the regulated environmental features in a natural state, to the fullest extent possible, in accordance with the requirements of Section 24-4303(D)(5) of Subtitle 24: Subdivision Regulations;
- (4)Proposed development located within a Planned Development (PD) zone shall be in conformance with the PD Basic Plan and PD Conditions of Approval that apply to that development; and
- (5)The proposed development conforms to an approved Tree Conservation Plan, if applicable.