(Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   (A)   It may be periodically necessary for provisions of this chapter to be established, amended, or repealed through a zoning text amendment. This section establishes procedures for the zoning text amendment.

   (B)   A zoning text amendment shall be initiated as provided in the county charter for the enactment of legislation.

(Ord. 98-23-225, 11-10-1999; Ord. 07-08-448, §5, 4-3-2007; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   The County Council may initiate a zoning text amendment with no particular form required.

(Ord. 98-23-225, 11-10-1999; Ord. 07-08-448, §5, 4-3-2007; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

      (1)   The Zoning Administrator shall refer the initial proposed zoning text amendment to the Planning Commission for a recommendation.

      (2)   The Planning Commission will hold a public hearing prior to making its recommendation. A failure to make a recommendation within 62 days of the first public hearing shall be deemed as providing no recommendation on the request.

   (C)   Any person shall have the right to submit oral and/or written testimony at the public hearing.

   (D)   The county governing body may revise, amend, supplant or modify any provision of the proposed zoning text amendment in whole or in part. No additional referral to the Planning Commission is required.

         (a)   The Zoning Administrator shall cause notices of the public hearings of the Planning Commission and the County Council to be published.

         (b)   Public notice of the time and place of the Frederick County Planning Commission hearing, together with a summary of the proposed zoning text amendment, shall be published in at least 1 newspaper of general circulation in Frederick County at least 14 days prior to the hearing.

         (c)   Public hearing notice of the time and place of the County Council hearing shall be in accordance with the procedures stated in the county charter.

(Ord. 98-23-225, 11-10-1999; Ord. 99-01-228, 2-16-1999; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   The zoning map may be amended by changing the zoning district boundaries or by changing from one zoning district to another. A zoning map amendment may be accomplished through an individual zoning map amendment, comprehensive zoning or rezoning, or a floating zone reclassification. This section establishes procedures for the zoning map amendment and floating zone reclassification.

(Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   (A)   An application for an individual zoning map amendment or floating zone reclassification may be made by any property owner or his duly authorized agent, a contract purchaser or any other person with at least a 50% proprietary interest in the area covered by any individual zoning map amendment or floating zone reclassification application. Each individual zoning map amendment or floating zone reclassification application must cover a contiguous area.

   (B)   The Zoning Administrator shall review the applications for individual map amendments and floating zone reclassifications as filed and may:

      (1)   Reject the application, if:

         (a)   The information is incomplete; or

         (b)   The current zoning status of the property is being reviewed under a comprehensive, community, or corridor plan update and comprehensive rezoning process, unless a waiver is granted by the County Council; or

         (c)   The amendment has been filed for the whole or part of land which was subject to a map amendment request for a zoning district designation which was opposed, denied, or dismissed on the merits within 12 months from the date of the signed decision.

      (2)   Accept the application where all the required information has been provided and the appropriate fee paid.

   (C)   A zoning map amendment or floating zone reclassification application shall be filed with the Zoning Administrator during normal office hours. The application shall include the following:

      (1)   Completed application form;

      (2)   The required fee as set forth in § 1-19-2.130 of this chapter;

      (3)   Ownership verification: copy of deed or if contract purchaser, submit copy of contract;

      (4)   A boundary plat prepared and sealed by a surveyor registered in the State of Maryland, prepared in accordance with the minimum standards of practice, showing metes and bounds (courses and distances);

      (5)   A list of names and addresses of all adjoining property owners, whether or not separated by streets, railroads, or other rights-of-way. This list must be obtained from the latest Frederick County property tax assessments records;

      (6)   A vicinity map covering the area within at least 1,000 feet of the boundaries of the land proposed to be reclassified, including the existing zoning classification of all land shown on the map; and

      (7)   A written explanation justifying the amendment or floating zone reclassification, setting forth in sufficient detail to advise county officials required to review the application.

   (D)   The Zoning Administrator shall retain custody of all application files, which will be available for public inspection during normal office hours. Any person may obtain, at their expense, copies of any and all papers in the file.

   (E)   The County Council may not consider an application for an individual zoning map amendment or floating zone reclassification during the time beginning on July 1, before the general election for County Council Members and ending 1 day after the beginning of the County Council's term of office.

(Ord. 98-23-225, 11-10-1999; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014; Bill 17-08, 6-13-2017)

      (1)    An application for an individual zoning map amendment or a floating zone reclassification shall be reviewed by the Community Development Division staff which shall prepare a report and recommendation to the Planning Commission. After completion of this staff report the application shall be presented to the Planning Commission for consideration.

      (2)   Within 90 days after acceptance of the application by the Zoning Administrator, the Planning Commission shall hold a public hearing on the application for individual zoning map amendment or floating zone reclassification. The Planning Commission shall forward its recommendation to the County Council within 62 days of its first public hearing. A failure to make a recommendation within 62 days of the first public hearing shall be deemed as providing no recommendation on the request.

      (1)   The County Council shall hold a public hearing on the application for an individual zoning map amendment or floating zone reclassification.

      (2)   Any person shall have the right to submit oral and/or written testimony at the hearing.

      (3)   An application for individual zoning map amendment or floating zone reclassification shall be deemed denied if the County Council has not approved the application within 90 days of the conclusion of the public hearing.

         (a)   The Zoning Administrator shall provide the required sign(s).

         (b)   The sign(s) shall be placed on the property at least 30 days prior to the public hearing of the Planning Commission or County Council on the zoning map amendment.

         (c)   The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the applicant.

         (d)   The applicant shall file an affidavit certifying that the sign(s) has been posted and maintained for the required period of time.

         (e)   If any person removes or tampers with a posted sign(s) during the above 30 day posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.

         (a)   Adjoining property owners shall include the owners of properties immediately contiguous to the applicant's property as well as those separated by streets, railroads, or other rights-of-way as set forth in § 1-19-3.110.2(C)(5).

         (b)   Appearance by a property owner at the public hearing shall constitute a waiver of any defect in this notice requirement.

      (4)   The Zoning Administrator shall have the authority to postpone a public hearing if the applicant has not complied with the requirements for posting of property as detailed in this section.

(Ord. 98-23-225, 11-10-1999; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014; Bill No. 22-06, 3-15-2022)

   (A)   Approval or disapproval of a request for an individual zoning map amendment or floating zone reclassification shall be determined through review of several criteria. The Planning Commission and County Council review will include, but not be limited to:

      (1)   Consistency with the comprehensive plan;

      (2)   Availability of current and planned public facilities;

      (3)   Adequacy of existing and planned future transportation systems;

      (4)   Compatibility with existing and proposed development;

      (5)   Population change, including availability and location of land zoned to meet the ten-year need for residential development;

      (6)   The timing of development, planned future transportation systems and planned public facilities;

      (7)   Sensitive environmental resources have been identified and impacts to these resources are avoided or minimized to the maximum extent practicable; and

      (8)   Historic resources have been identified and impacts to these resources are avoided or minimized to the maximum extent practicable.

   (B)   In addition to the criteria above, approval or disapproval of a request for an individual zoning map amendment shall be granted only where a finding has been made that there was:

      (1)   A substantial change in the character of the neighborhood where the property is located; or

      (2)   A mistake in the existing zoning classification.

(Ord. 98-23-225, 11-10-1999; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014; Bill No. 20-07, 8-4-2020)

   The County Council may impose, upon the granting of a zoning map amendment or floating zone reclassification, such additional restrictions, conditions, or limitations as may be deemed appropriate to preserve, enhance, or protect the general character and design of the lands and improvements being zoned or rezoned or of the surrounding or adjacent lands and improvements. The county may, upon the zoning or rezoning of any land, retain or reserve the power and authority to approve or disapprove the design of structures, construction, landscaping or other improvements, alterations and changes made or to be made on the subject land or lands to assure conformity with the intent and purposes of this chapter. Conditions imposed or requested may not include the prohibition of any uses expressly permitted in the requested zoning district.

(Ord. 98-23-225, 11-10-1999; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   (B)   A request by the applicant for continuance of a map amendment or floating zone reclassification application hearing may be granted by the County Council for good cause shown. The applicant shall be responsible for any costs to the county caused by the continuance.

(Ord. 98-23-225, 11-10-1999; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)

   In the case of a comprehensive zoning or rezoning, the following review and approval procedures shall apply.

   (A)   The Planning Commission shall hold a public hearing and cause notice of the hearing to be published in a newspaper of general circulation in the county in accordance with § 1-19-3.110.3. The Planning Commission shall forward a recommendation to the County Council within 62 days of the first public hearing.

   (B)   The County Council shall hold a public hearing and cause notice of the hearing to be published in accordance with § 1-19-3.110.3. Any person shall have the right to submit oral and/or written testimony at the hearing.

   (C)   The following additional public notice requirements shall apply for all properties for which a change in zoning is requested by the property owner:

the property does not abut a public road, a sign shall be placed in such a manner so that it may be most readily seen by the public.

         (a)   The sign(s) shall be placed on each property at least 30 days prior to the Planning Commission public hearing and at least 30 days prior to the County Council public hearing.

         (b)   The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the property owner.

         (c)   If any person removes or tampers with a posted sign(s) during the above 30 day posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.

         (a)   Adjoining property owners shall include the owners of properties immediately contiguous to the subject property as well as those separated by streets, railroads, or other rights-of-way as set forth in § 1-19-3.110.2(C)(5).

         (b)   Appearance by a property owner at the public hearing shall constitute a waiver of any defect in this notice requirement.

   (D)   The following additional public notice requirements shall apply for all properties for which a change in zoning is requested by the County:

         (a)   The sign(s) shall be placed at least 30 days prior to the Planning Commission public hearing and at least 30 days prior to the County Council public hearing.

         (b)   The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the County.

         (c)   If any person removes or tampers with a posted sign(s) during the above 30-day posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.

         (a)   Adjoining property owners shall include the owners of properties immediately contiguous to the subject property as well as those separated by streets, railroads, or other rights-of-way as set forth in § 1-19-3.110.2(C)(5).

         (b)   Appearance by a property owner at the public hearing shall constitute a waiver of any defect in this notice requirement.

(Ord. 77-1-78, § 40-101(K), 1-24-1977; Ord. 98-23-225, 11-10-1999; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014; Bill No. 16-11, 8-30-16; Bill No. 22-06, 3-15-2022)

   The county may appeal to the circuit court of the county and thence to the Court of Special Appeals of Maryland, or, upon certiorari, to the Court of Appeals of Maryland, any decision concerning zoning made by the Board of Appeals, and the county may file an answer and be a party to any zoning appeal filed in the circuit court of the county concerning a decision made by the county and may appeal any decision of the circuit court of the county to the Court of Special Appeals of Maryland, or, upon certiorari, to the Court of Appeals of Maryland.

(Ord. 77-1-78, § 40-101(M), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   This section establishes general procedures for the Board of Appeals to hear and decide applications for special exceptions, variances, approvals, and appeals, as provided for in this chapter.

(Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   (A)   An application for a special exception, variance, approval, or appeal shall be made on forms approved by the Community Development Division.

   (B)   The application for a special exception, variance, approval, or appeal and the information required in subsection (C) below shall be filed with the Zoning Administrator a minimum of 45 days prior to the regularly scheduled monthly meeting of the Board of Appeals.

   (C)   Required information for a special exception, variance, or approval shall include:

      (1)   Plot plan or accurate drawing of the property showing the distances of all existing and proposed structures from all property lines, driveways and parking areas;

      (2)   Name and address of each person owning property adjacent to the subject property;

      (3)   Plans, architectural drawings, photographs, elevations, specifications or other detailed information fully depicting the exterior appearance of any existing structures on the property, including signs and the proposed construction;

      (4)   In addition, for all applications for a special exception or approval, a statement shall be provided explaining in detail how the use is to be operated. The following information is required to be submitted:

         (a)   Hours of operation;

         (b)   Number of anticipated employees;

         (c)   Equipment involved; and

         (d)   Any special conditions or limitations which the applicant proposes for adoption by the Board.

   (D)   The application for an appeal shall be filed in accordance with § 1-19-3.230 within 30 days after the date of the action or decision being appealed. Required information for an appeal shall include a copy of any written decision that is being appealed and all other information pertinent to the appeal.

   (E)   Fee shall be paid at the time of filing of application in accordance with the fee schedule established in this chapter.

(Ord. 77-1-78, §40-91(C), 1-24-1977; Ord. 79-19-145, 8-7-1979; Ord. 00-28-270, 9-7-2000; Ord. 02-21-317, 10-15-2002; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

      (1)   The Board of Appeals shall hold a public hearing before making a decision on any appeal or other matter within its powers. Upon accepting an application for an appeal or other matter, the Zoning Administrator shall schedule the public hearing by the Board of Appeals. Appeals and applications filed in proper form shall be numbered serially, docketed and placed upon the calendar of the Board.

   (B)   The Board of Appeals shall make an on site inspection of the premises involved in the application for a special exception, variance, approval, or appeal.

         (a)   The Zoning Administrator shall provide the required sign(s).

         (b)   The sign(s) shall be placed on the property within 3 days after acceptance of the application.

         (c)   The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the applicant until a decision has been made by the Board of Appeals.

         (d)   The applicant shall file an affidavit certifying that the sign(s) has been posted and maintained for the required time period.

         (e)   If any person removes or tampers with a posted sign during the above posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.

(Ord. 77-1-78, §40-91(C), 1-24-1977; Ord. 79-19-145, 8-7-1979; Ord. 00-28-270, 9-7-2000; Ord. 02-21-317, 10-15-2002; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   (A)   An application for a special exception may be made only by persons with a financial, contractual or proprietary interest in the property for which a special exception is requested.

   (B)   A grant of a special exception is basically a matter of development policy, rather than an appeal based on administrative error or on hardship in a particular case. The Board of Appeals should consider the relation of the proposed use to the existing and future development patterns. A special exception shall be granted when the Board finds that:

      (1)   The proposed use is consistent with the purpose and intent of the Comprehensive Development Plan and of this chapter; and

      (2)   The nature and intensity of the operations involved in or conducted in connection with it and the size of the site in relation to it are such that the proposed use will be in harmony with the appropriate and orderly development of the neighborhood in which it is located; and

      (3)   Operations in connection with the special exception at the proposed location shall not have an adverse effect such as noise, fumes, vibration or other characteristics on neighboring properties above and beyond those inherently associated with the special exception at any other location within the zoning district; and

      (4)   Parking areas will comply with the off street parking regulations of this chapter and will be screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

      (5)   The road system providing access to the proposed use is adequate to serve the site for the intended use.

   (C)   In addition to the general requirements listed above, uses requiring a special exception shall be subject to the specific requirements for each use outlined in §§ 1-19-8.320 through 1-19-8.355 of this Code.

   (D)   A special exception approval may be granted in accordance with the general and specific requirements enumerated in this section. The Board of Appeals may, in addition to other requirements imposed under this chapter and is hereby authorized to add to the specific requirements any additional conditions that it may deem necessary to protect adjacent properties, the general neighborhood, and its residents or workers. Violation of such additional conditions, when made a part of the terms under which the special exception permit is granted, is a violation of this chapter and may be grounds for termination of the special exception.

   (E)   The Board of Appeals shall not grant a special exception unless and until:

      (1)   A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested; and

      (2)   A public hearing has been held; and the Board had made a finding of fact that the special exception requested meets the general and specific requirements outlined in this section.

   (F)   The grant of special exception may include approval of customary incidental accessory uses as reviewed and approved by the Zoning Administrator.

   (G)   No use or activity permitted as a special exception shall be enlarged or extended beyond the limits authorized in the grant of special exception. All enlargements, extensions, and changes in use shall require grants of special exception, as in the case of an original petition.

   (H)   If a grant of special exception is denied, no new petition for the denied use on the same property shall be accepted by the Board of Appeals for 1 year after the date of denial of the petition.

   (I)   A decision of the Board of Appeals granting a special exception will be void 5 years from date of approval by the Board of Appeals unless the use is established, a building permit is issued, construction has begun, or final site development plan approval has been received in accordance with the terms of the decision. Upon written request submitted to the Zoning Administrator no later than 1 month prior to the expiration date and for good cause shown by the applicant, a 1 time extension may be granted by the Zoning Administrator for a period not to exceed 6 months.

(Ord. 77-1-78, § 40-91(B), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 00-28-270, 9-7-2000; Ord. 08-26-502, 10-14-2008; Ord. 09-21-525, 6-4-2009; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   (A)   The Board of Appeals may authorize a variance in height, lot area and yard regulations.

   (B)   An application for a variance shall be filed with the Board of Appeals only after refusal of zoning approval or an adverse determination has been issued by the Zoning Administrator.

   (C)   The Board of Appeals shall not grant a variance unless and until a public hearing is held and all of the following criteria are met:

      (1)   First, the Board of Appeals shall find that special conditions and circumstances exist which are unique to the land or structure involved and which are not applicable to other lands or structures in the same district.

      (2)   Upon making this finding the Board of Appeals shall also find that the following criteria are met:

         (a)   That the special conditions and circumstances do not result from the actions of the applicant; and

         (b)   The literal interpretation of the provisions of this chapter would result in unreasonable hardship and deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this chapter; and

         (c)   That granting the variance will not confer on the applicant any special privilege that is denied by this chapter to other lands or structures in the same district; and

         (d)   That the granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

   (D)   In granting the variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, is a violation of this chapter.

   (E)   Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this chapter in the zone involved, or any use expressly or by implication prohibited by the terms of this chapter in said zone.

   (F)   Except as specified in § 1-19-4.220(C), the Board of Appeals shall not grant a variance to a nonconforming structure for the portion of structure determined by the Zoning Administrator to be nonconforming.

   (G)   A decision of the Board of Appeals granting a variance will be void 2 years from date of approval by the Board of Appeals unless the use is established, a building permit is issued, construction has begun, or final site development plan approval has been received in accordance with the terms of the decision. Upon written request submitted to the Zoning Administrator no later than 1 month prior to the expiration date and for good cause shown by the applicant, a 1 time extension may be granted by the Zoning Administrator for a period not to exceed 6 months.

(Ord. 77-1-78, § 40-91(A), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014; Bill No. 21-01, passed 3-2-2021)

   (A)   Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the jurisdiction affected by any decisions of the administrative officer. Such appeal shall be taken within 30 days after the date of the action or decision being appealed, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

   (B)   An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals after notice of appeal shall have been filed with him that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

   (C)   The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

   (D)   In exercising the above-mentioned powers such Board may, in conformity with Md. Ann. Code, Land Use Article, as amended, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

(Ord. 77-1-78, § 40-90(E)-(H), 1-24-1977; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014)

   (A)   The county has determined that certain uses require site development plan review and approval by the Planning Commission (see § 1-19-2.160).

   (B)   Site plan review is intended to promote safe and efficient development that maximizes compatibility and connections with existing or anticipated surrounding land uses and the natural environment through careful consideration of site development, transportation and parking, public utilities, natural features, and common areas, as required by this chapter.

(Ord. 09-22-526, 7-14-2009; Ord. 14-23-678, 11-13-2014)

   (A)   A use subject to site development plan approval as required in § 1-19-5.310 (Use Table) or subject to the site plan review process as otherwise required in this chapter shall be reviewed through 1 of 3 procedures to ensure that the proposed development complies with the requirements of this chapter. The 3 procedures are:

      (1)   Type I - Planning Commission. The purpose of the Type I - Planning Commission process is to provide for development review involving standards for design or review of uses permitted by this chapter which may be complex in nature requiring interpretation of County Comprehensive Plan policies or the requirements of the Frederick County Code. The Type I application shall be circulated for multi-agency review prior to Planning Commission review. Type I - Planning Commission review and approval is required for all of the following:

         (a)   Applications for site development plan approval where review and approval is not provided for through the Type II - Limited or Type III - Administrative site plan review processes.

         (b)   Modifications to a Planning Commission approved site development plan involving an increase in building height or number of floors; modifications to landscaping or screening that reduce the number of plantings or opacity required in the initial Type I - Planning Commission approval; requests for reduction in open space square footage; change in the type or square footage of an amenity; and modifications that increase the number of required parking and loading spaces.

      (2)   Type II - Limited. The purpose of the Type II - Limited process is to provide for development review and approval by Planning Commission authorized representatives based on standards specified in the zoning ordinance. The Type II - Limited application shall be processed at staff level and circulated for multi-agency review. Type II - Limited applications shall be restricted to modifications provided through the Type III - Administrative process or any one or more of the following minor modifications to Planning Commission approved site development plans provided that the modification does not require Planning Commission review of adequate public facilities, forest resource ordinance, or stormwater management requirements:

         (a)   Minor modifications to utility location;

         (b)   Minor modifications to parking and loading design required by physical site constraints that has no detrimental impact upon or that improves bicycle, pedestrian and traffic safety or circulation;

         (c)   Building footprint modifications;

         (d)   Minor landscaping modifications that do not constitute a material alteration of the Planning Commission approved site development plan and that do not require a Type I Planning Commission approval as provided in § 1-19-3.300.1(A)(1);

         (e)   Minor modifications to pedestrian pathway location, open space or amenity design to improve access, safety, or efficiency, that do not require Type I Planning Commission approval as provided in § 1-19-3.300.1(A)(1).

      (3)   Type III - Administrative. The purpose of the Type III - Administrative process is to provide for development review and approval by Planning Commission authorized representatives based on standards specified in the zoning ordinance. The Type III application shall be processed as a staff level single agency review and shall be restricted to any one or more of the following minor modifications, provided that the modification does not require adequate public facilities, forest resource ordinance, or stormwater management review:

         (a)    A change in use approved by the Zoning Administrator;

         (b)    Building footprint modifications of not more than 200 square feet provided that there is no increase in overall building footprint square footage;

         (c)   Change of permitted and approved signs;

         (d)   Minor landscaping modifications involving substitution of species that do not require Type I Planning Commission approval as provided in § 1-19-3.300.1(A)(1); or

         (e)   Other minor modifications as established by the Zoning Administrator.

   (B)   An applicant may request a Type I - Planning Commission review at any time during a Type II - Limited or Type III - Administrative review process.

   (C)   Planning Commission authorized representatives may require a Type I - Planning Commission or Type II - Limited review for a site development plan application permitted through the Type II - Limited or Type III - Administrative review process, where it is determined that the proposed modification may have an adverse impact on surrounding properties, public facilities, or is inconsistent with the initial Type I - Planning Commission approval.

   (D)   Each application involving site development plan approval, together with the required fee (§ 1-19-2.130) and other required plan submissions, including, but not limited to adequate public facilities ordinance studies, forest resource ordinance plans, sight-distance studies, stormwater management concepts and the information described below, shall be submitted to the Community Development Division. The Community Development Division shall not accept an application if it is determined that the information submitted is incomplete.

   After the Community Development Division deems that the application is complete, the site development plan will be scheduled for a Technical Advisory Committee (TAC) meeting for review by agency representatives and representatives of the applicant. The applicant may not file for a zoning certificate and building permit with the Department of Permits and Inspections before receiving site plan approval. Applications for site plan review shall be void if approval has not been received within 3 years, beginning on the date the application was accepted. A void application shall have no further status and must be resubmitted.

      (1)   For all Type I - Planning Commission site plan review applications, the applicant shall place a sign within 10 feet of each property line that abuts a public road. If the property does not abut a public road, a sign shall be placed in such a manner so that it may be most readily seen by the public.

         (a)   The Community Development Division shall provide the required sign(s).

         (b)   The sign(s) shall be placed on the property at least 30 days prior to the initial Planning Commission meeting at which the Type I - Planning Commission site development plan is to be considered.

         (c)   The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the applicant until the initial Planning Commission meeting is held.

         (d)   The applicant shall file an affidavit certifying that the sign(s) has been posted and maintained for the required time period.

      (2)   If any person removes or tampers with a posted sign during the above 30 day posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.

   (E)   The Planning Commission may attach conditions to the approval of a site development plan in order to ensure that the proposal will conform to the provisions of this chapter.

   (F)   Approval of a site development plan submitted under the provisions of this division shall expire 3 years after the date of the decision by the Planning Commission or its authorized representatives unless construction has begun as defined by "start of construction" in § 1-19-11.100. The length of site plan approval may not exceed the length of the approval under the Adequate Public Facilities Ordinance (APFO) if APFO approval is required.

(Ord. 77-1-78, § 40-73(B), (C), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 85-11-343, 3-26-1985; Ord. 87-22-454, 8-4-1987; Ord. 94-06-101, 5-31-1994; Ord. 96-17-169, 8-6-1996; Ord. 00-21-263, § 1, 7-18-2000; Ord. 02-21-317, 10-15-2002; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, 7-14-2009; Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)

   (A)   Where specified within the Zoning Ordinance, concept approval shall be required as the first step in the development approval process (§ 1-19-7.500(D)).

   (B)   Unless otherwise approved by the Zoning Administrator, the concept plan shall include the following elements:

      (1)   An application in a form acceptable to the Community Development Division;

      (2)   A map drawn at 1 inch equals 100 feet or greater scale showing property lines, all existing natural and man-made features, and a vicinity map;

      (3)   A map identifying the type and location of all proposed uses including:

         (a)   The generalized location, footprint, and exterior elevation of all proposed buildings including height, number of stories, number of attached units, and the location of doors and windows;

         (b)   All proposed parking locations and generalized information regarding the use of an alternate parking plan including shared, joint, community, or other means;

         (c)   The generalized location of all roadways, sidewalks, and other public or private facilities adjacent to and necessary for development of the site;

      (4)   Existing structures on all lots facing and adjacent to the proposed development including the height, setbacks;

      (5)   Photographs of the subject parcel and all facing and adjacent lots and structures used to determine height and setbacks.

(Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)

   An application submitted for site plan review shall include the following information:

   (A)   A map of the subject property at a convenient scale;

   (B)   A vicinity map at a scale of 1 inch equals 2,000 feet or more to the inch, indicating the location of the property with respect to surrounding property and streets. The map will show all streets and highways within 2,000 feet of the applicant's property;

   (C)   A topographic map of the property, at a minimum of 5 foot contour intervals, unless otherwise specified, showing the existing and proposed regrading surface of the land and the location of natural features, such as streams, rock outcrops, and wooded areas;

   (D)   In accordance with the Community Development Division checklist requirements a site development plan showing all existing and proposed improvements including but not limited to: proposed use; location and height of all buildings; location of existing and proposed rights-of-way; location and dimensions of all parking areas, drive aisles, and truck loading areas with access and egress drives thereto; location of sidewalks, pedestrian crossings, and existing or planned transit stops; location and type of any outdoor storage; location and type of any recreation facilities; proposed grading, landscaping, and screening plans; description of proposed method to provide buffer areas and landscaping where required; location, design and height of outdoor lighting facilities; building elevation for the purpose of depicting the location, size, and type of all signs; and the location, size and type of all proposed storm water management facilities;

   (E)   A computation of the total areas of the lot, including the building floor area, building floor area for each type of proposed use, the roads and parking, green area, landscaped and screened areas, recreation areas as required, and total lot coverage;

   (F)   Commercial or industrial uses will designate:

      (1)   The specific uses proposed and the number of employees for which buildings are designed;

      (2)   The type of power to be used for any manufacturing processes;

      (3)   Type of wastes or by-products to be produced by any process and proposed method of disposal of such wastes or by-products; and

      (4)   Such other information as may be required by the Planning Commission or its authorized representatives to determine compliance with the requirements with this chapter and the impact of a particular use on adjoining properties;

   (G)   (1)   Soil type(s) information shall be provided and appropriate boundaries shown. In the event "wet soils" are located on or within 100 feet of any proposed residential site plan, a soils delineation report shall be prepared by a soils scientist or professional engineer registered in the State of Maryland. The Planning Commission may waive this requirement if the "wet soils" are located within open space areas. The soils report shall be submitted for review by SCD prior to approval of the site plan by the Planning Commission or its authorized representatives unless a soils report was completed earlier within the development review process.

      (2)   If residential structure(s) with basements are proposed within "wet soils" a geotechnical report is required to be submitted by a professional engineer registered in the State of Maryland. A note shall be placed on the site plan that all construction shall be in accordance with the findings of the geotechnical report.

      (3)   Site plans may be prepared and submitted by an applicant. The submitted information, if found deficient or in error, may be required to be resubmitted over the certification of an engineer, architect, landscape architect, land surveyor or other certified professional. Site plans will be prepared to a scale of not smaller than 1 inch equals 100 feet, unless approved by the Community Development Division; the sheet or sheets shall be no less than 18 inches by 20 inches nor more than 24 inches by 36 inches, including a 1-1/2 inch margin for binding along the left edge. A site plan may be prepared on one or more sheets, in which case, match lines and an index sheet shall be provided.

(Ord. 77-1-78, § 40-73(B), (C), 1-24-1977; Ord. 82-19-263, 9-7-1982; Ord. 85-11-343, 3-26-1985; Ord. 87-22-454, 8-4-1987; Ord. 94-06-101, 5-31-1994; Ord. 96-17-169, 8-6-1996; Ord. 00-21-263, § 1, 7-18-2000; Ord. 02-21-317, 10-15-2002; Ord. 05-27-388, 10-25-2005; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, passed 7-14-2009; Ord. 14-23-678, 11-13-2014)

   Site development plan approval shall be granted when the Planning Commission or its authorized representatives find that the application for development has met the following criteria based upon the standards and provisions of this chapter:

(Ord. 77-1-78, § 40-73(D), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, passed 7-14-2009; Ord. 14-23-678, 11-13-2014)