Gaithersburg City Zoning Code

(A)

Intent. The city shall enact, adopt, amend, and execute a master plan comprised of various elements in accordance with the requirements of the land use article of the Annotated Code of Maryland. The master plan may also be referred to as the comprehensive plan

(B)

Decision authority. Proposed master plans shall be reviewed and approved by the planning commission, who shall then provide a recommendation for adoption to the mayor and city council. The mayor and city council shall have authority to adopt master plans.

(C)

Review procedures.

(1)

Proposed master plans shall be heard in a joint public hearing with the planning commission and the mayor and city council.

(2)

Following the joint public hearing, the planning commission shall review for approval the subject master plan. If approved, the planning commission shall make a formal recommendation to the mayor and city council to adopt the master plan. This recommendation may include:

(a)

The entire proposed master plan;

(b)

Successive parts of the proposed master plan that correspond to geographic sections or divisions of the local jurisdiction; or

(c)

An amendment to the proposed master plan.

(3)

After a formal recommendation from the planning commission, the mayor and city council shall review the proposed master plan and the recommendation from the planning commission to adopt, modify, remand, or disapprove:

(a)

The whole proposed master plan or a part of the proposed master plan;

(b)

A master plan for one or more geographic sections or divisions of the local jurisdiction; or

(c)

An amendment to the proposed master plan.

(4)

If the mayor and city council remand, modify, or disapprove the planning commission's approved master plan, then the public hearing process shall restart with a revised master plan.

(5)

A master plan may be adopted in association with a comprehensive rezoning of the master planned properties per the zoning recommendations defined within the adopted master plan. A comprehensive rezoning is subject to a separate public hearing process and in conformance with the requirements of section 24-12.3, Zoning map amendments and zoning text amendments to chapter 24.

(6)

The city council and the city board of appeals, as applicable, may approve a zoning map amendment, sketch plan, schematic development plan, concept plan, optional method application, special exception or amendment thereto for properties specifically identified in a master plan or amendment thereto having special conditions or requirements for the development and use thereof or special conditions or requirements as to availability of public facilities only upon a finding that said zoning map amendment, sketch plan, schematic development plan, concept plan, optional method application, special exception or amendments thereto is consistent with the conditions and requirements specified in the master plan or amendment regarding said property.

(7)

The special conditions and requirements for the development and use of these properties or public facilities requirements applicable thereto shall be imposed and set forth in the master plan or amendment thereto only after notice to the property owner and general public and a public hearing thereon as part of the master plan process. All such application and plan approvals shall be subject to enforcement procedures and requirements applicable to violations as established by this chapter.

(D)

Notification requirements.

(1)

A notice of a public hearing on the time and place of the joint public hearing shall be published in a newspaper of general circulation and placed on the city's website.

(2)

At least sixty (60) days before the joint public hearing, the city will provide copies of the recommended plan to adjoining jurisdictions and plan stakeholders for comment.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. Annexations applications and process are to be in accordance with the local government article of the Annotated Code of Maryland. Zoning for any area annexed to the city shall be established by and included as part of the adoption of the annexation resolution.

(B)

Decision authority. The mayor and city council shall have the approval authority for annexed areas.

(C)

Review procedures.

(1)

The city council shall hear zoning recommendations and review the entire annexation petition and annexation plan for the subject area during the required public hearing for the annexation. The city council public hearing for annexations shall be conducted following the planning commission's recommendation and the county planning board's determination of land use/zoning consistency and any county council required decisions.

(2)

The planning commission shall review the annexation petition and annexation plan and submit its written recommendation to the city council at least fifteen (15) days prior to the hearing. The planning commission's recommendation to the mayor and city council is limited to the review of the petition and annexation plan and must make recommendations on:

(a)

Is the proposed city zoning appropriate; and

(b)

Does the annexation and annexation plan comply with the city's master plan and city goals; and

(c)

Can the annexation plan be served by existing or planned public facilities?

(D)

Authority to impose conditions. The city may include in an annexation agreement conditions and limitations on the use of land and density of development otherwise allowed in the zoning district where the land is located.

(E)

Notification requirements.

(1)

Posting of notice. The applicant shall erect signage indicating a "Mayor and Council Hearing" for the pending application pursuant to requirements of section 24-12.15, Posting of notice.

(2)

Publication of notice. In addition to the posting of notice, the city manager shall cause to be published notice of the time, date and place of the public hearing, together with a summary of the application on the city's website at least fourteen (14) calendar days prior to the hearing date. Further, public notice of the annexation resolution public hearing shall be published:

(a)

At least four (4) times or, if the total area of the proposed annexation is twenty-five (25) acres or less, at least two (2) times;

(b)

At not less than weekly intervals;

(c)

In at least one newspaper of general circulation in the municipality and the area to be annexed; and

(d)

With the hearing set no sooner than fifteen (15) days after the final required publication of the notice.

(3)

Mailed notice. Notice shall be mailed to all persons or entities within two hundred (200) feet of a property that is the subject of an annexation petition shall receive mailed notice of the public hearing application number, date, time, and location at least seven (7) calendar days prior to the hearing. The following persons or entities with interest, ownership, or occupancy of a property within two hundred (200) feet shall be notified:

(a)

Property owners;

(b)

Occupants, including all residents and/or commercial tenants;

(c)

Condominium associations;

(d)

Homeowners' associations; and

(e)

Resident managers or management company of a rental project.

(4)

Failure of any person or entity to receive such notice required by this section shall not be a basis for denial of the application.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. The text of this chapter and the zoning map may be amended in the following manner set out in this section.

(B)

Decision authority. Zoning map amendment applications and zoning text amendments following a joint public hearing shall be reviewed by the planning commission, who shall then provide a recommendation to the city council. The city council shall have the final approval authority for any text or map amendment.

(C)

Text amendment. The text of this chapter may be amended upon an application by the city council or the planning commission following a staff introduction in a public meeting seeking sponsorship of any proposed amendment. Staff will present the draft changes to either the city council or the planning commission who will then either sponsor the amendment and direct staff to proceed with an application and begin the public hearing process or not sponsor the amendment and cease moving forward with an application.

(D)

Zoning map amendments.

(1)

Zoning map amendment applications. The zoning map may be amended upon the application of the city council, the planning commission or any person having an interest, as owner or contract purchaser, in the land which is the subject of the application.

(2)

General proposals of amendments. A zoning map amendment may propose new zoning classifications for the property in whole or in part, which is the subject of the application.

(3)

Application requirements. An application for a map amendment shall be filed with the department of planning and code. Such application shall contain:

(a)

A description of the property which is the subject of the application;

(b)

Location of the proposed map amendment;

(c)

Name and address of the applicant;

(d)

Name and address of each person who owns an interest in the property;

(e)

Existing zoning classification of the property;

(f)

Proposed zoning classification or classifications;

(g)

Any applicable city master plan zoning recommendations for the property; and

(h)

The application number(s) of any map amendment application involving all or part of the property which has been acted upon in any manner by the city council during the three (3) years immediately prior to the filing of the application.

The application shall also include such other information as shall be required by the city manager. If the description of the property is by metes and bounds, it shall be drawn with reference to Maryland State Plane Coordinates.

(4)

Limitation on refiling. Where a map amendment application includes land all or part of that has been the subject of a previous map amendment application which has been granted or denied by the city council, such application shall not be accepted for filing within twelve (12) months after the effective date of the decision granting or denying such prior application. The city council shall have the right to waive this limitation by resolution upon written request for such waiver, where the previous application was granted.

(E)

Notification requirements.

(1)

Posting of notice. The applicant shall erect signage indicating a "Mayor and Council Hearing" for the pending application pursuant to requirements of section 24-12.15, Posting of notice.

(2)

Mailing of notice. For all zoning map amendment applications, the city manager or designee shall mail notice of the filing of the application and the scheduled date of the public hearing to all persons or entities within two hundred (200) feet of the boundary of the property which is the subject of the application. The notifications must be mailed at least nine (9) calendar days prior to public hearing. The names and addresses of the owners of such property shall be supplied by the applicant at the time of the filing of the application. Failure of any owner of any such property to receive such notice shall not be a basis for denial of the application. The following persons or entities with interest, ownership, or occupancy of a property within two hundred (200) feet shall be notified:

(a)

Property owners;

(b)

Occupants, including all residents and/or commercial tenants;

(c)

Condominium associations;

(d)

Homeowners' associations; and

(e)

Resident managers or management company of a rental project.

(3)

Publication of notice. Notice of public hearings for amendments to text of this chapter and/or the zoning map is to be published on the city's website and in at least one newspaper of general circulation in the city once each week for two (2) successive weeks, with the first such publication of notice appearing at least fourteen (14) days prior to the hearing. The notice is to include the time, date, and place of the public hearing, together with a summary of the application or proposed regulation, restriction, or boundary change. In the case of an application for a zoning map amendment, such notification shall also include the amount of land involved, its location, the name of the applicant, the name of the owner, if different from the applicant, the existing zoning classification, and the new classification or classifications proposed.

(F)

Review procedure.

(1)

Hearing. The city council and the planning commission shall conduct a joint public hearing on every sponsored proposal to amend the text of this chapter or zoning map amendment application. The joint public hearing shall be subject to the notification procedures set forth in this section and in accordance with the land use article of the Annotated Code of Maryland.

(2)

Recommendation of planning commission. The planning commission shall deliver to the city council as promptly as circumstances shall permit its recommendation with reference to each application to amend the text or the zoning map. During the planning commission recommendation, the commission may make a finding in accordance with chapter 20, Subdivision, of the City Code that events have occurred to render the current applicable master plan recommendation no longer relevant and therefore any required findings for master plan conformance be relaxed. In the event the planning commission shall fail to deliver such recommendation to the city council within sixty (60) days following the hearing, the city council may act upon such application without awaiting such recommendation.

(3)

Action of the council. The city council shall take action on the application within one hundred twenty (120) days after the hearing. If the city council shall fail to do so, the application shall be deemed to have been denied.

(G)

Action by city council.

(1)

The city council may dismiss an application to amend the zoning map for failure to comply with the requirements of this section. If a zoning map amendment application complies with the requirements of this section, the city council may deny, grant, grant with modifications or allow the application to be withdrawn. The action of the city council granting a zoning map amendment application either with or without modifications shall be by ordinance. The action of the city council denying such an application or permitting it to be withdrawn shall be by resolution. The city council may grant a map amendment application for any one of the classifications requested in the application or for a different classification.

(2)

Upon the zoning or rezoning of any land, whether by local map amendment, comprehensive zoning or zoning or newly annexed land, the city council is authorized to impose as part of such approval restrictions, conditions, and limitations upon the design of buildings and structures, landscaping or other improvements, alterations, and changes made or to be made upon the land to be rezoned which the city council deems appropriate to preserve, improve or protect the subject property or adjacent lands and improvements.

(3)

Any restrictions, conditions, and limitations imposed under this section shall be enforced by the city planning commission through the site development plan approval provisions of this chapter.

(4)

Reconsideration by council. Action by the city council on any zoning map amendment shall, after thirty (30) days, be final and not subject to reconsideration, except through the filing of a new application. Within such thirty-day period, the city council may recall for reconsideration any map amendment; provided, that before taking further action therein, a rehearing shall be scheduled and advertised and the property posted, as in the case of a new application.

(H)

Plans of record. Any vested final site plan for a property in place at the time of a comprehensive rezoning will count as concept/sketch, schematic development plan, and final site plan approval as applicable under the new zoning classification.

(I)

Appeals. Any person or persons aggrieved by any zoning action of the city council shall have the right of appeal, exercisable within thirty (30) days from the date of the decision or action, to the Circuit Court for Montgomery County, Maryland, and thereafter to the appellate courts of the state, in accordance with the Maryland Rules of Procedure governing administrative appeals. The filing of any appeal shall not stay the zoning action of the city council pending final resolution of the appeal.

(J)

Optional method of application for zoning map amendments. In addition to the other requirements contained in this article, an applicant for a zoning map amendment to any zoning district, except for those floating zones that require the submission of a land use plan with a zoning map amendment application, may select an optional method for such application by so indicating on the appropriate application form and submitting a preliminary site development plan as part of the rezoning application. The preliminary site development plan shall be for the purpose of limiting a development standard or standards to those requested and/or limiting the land use of the applicant's subject property to one or more of the permitted uses in the zone. Approval by the city council shall not be for a manner of development or use other than that for which has been applied. A preliminary site development plan shall be submitted consisting of the requirements listed in section 24-12.6(C)(2). Approval of the optional method plan shall be included in the ordinance of approval, but future amendments to the optional method plan itself shall be subject to standard site plan reviews defined in this chapter without need to amend the ordinance.

(Ord. No. O-5-24, 7-15-24; Ord. No. O-06-26, 5-4-26)

(A)

Applicability. The following requirements and procedures shall apply to all applications seeking to establish the MXD zone on a property or for MXD zoned properties establishing a new sketch plan.

(B)

Decision authority. An application for establishment of an MXD zone and/or sketch plan approval shall be reviewed by the planning commission, who shall then provide a recommendation to the city council. The city council shall have the final approval authority for the zoning map amendment and approval of the sketch plan, or for a sketch plan only, as applicable.

(C)

Applications previously granted sketch plan approval. Applications in the MXD zones which were previously granted sketch plan approval by the city council shall directly file either an application for a new sketch plan or an application for schematic development plan approval by the city council.

(D)

Application requirements. An applicant shall file an application for the MXD zone pursuant to the provisions of section 24-12.3, Zoning map amendments and zoning text amendments to chapter 24, or for those properties zoned MXD, the provisions of section 24-4.6, MXD zone, mixed use development. In addition, the application shall include for a sketch plan reflecting at a minimum the following:

(E)

Review procedures.

(1)

Rezoning to MXD and sketch plan approval.

(a)

The city council and city planning commission shall conduct a joint public hearing(s) on the application subject to the notification requirements for zoning map amendments in section 24-12.3, Zoning map amendments.

(b)

The planning commission shall deliver its recommendation to the city council within thirty (30) days of the close of the commission's hearing record. During the planning commission recommendation, the commission may make a finding in accordance with chapter 20, Subdivision, of the city Code that events have occurred to render the current applicable master plan recommendation no longer relevant and therefore any required findings for master plan conformance be relaxed.

(c)

The city council shall take action on the application within ninety (90) days after the close of the council's hearing record. If the city council shall fail to do so, the application shall be deemed denied.

(2)

Sketch plan approval only. Applications seeking approval for a new sketch plan with MXD zoning in place shall be subject to the procedures of section 24-4.2, Floating zones and 24-4.6, MXD zone.

(F)

Decision criteria. The city council shall approve MXD zoning and the accompanying sketch plan only upon finding that the decision criteria of section 24-4.2(B)(4) are met. For a sketch plan alone; only upon finding that the decision criteria of section 24-4.6(H)(1) are met.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. The following requirements for approval of a schematic development plan shall apply to all applications seeking to establish CD or MCD zoning or a schematic development plan only, including for the MXD zone.

(1)

Schematic development plans and amendments thereto approved after the effective date of this chapter shall expire ten (10) years after the subject plan's approval date if during that time no associated final site plan application is submitted for planning commission review.

(2)

If a final site plan is submitted during the ten-year period specified in (1) above, the subject schematic development plan shall:

(a)

If the final site plan is approved, upon expiration of the final site plan in accordance with section 24-12.6(O)(1) without commencement of construction, also expire if and when the ten-year period specified in (1) above has passed.

(b)

Upon denial of a submitted final site plan, expire if the ten-year period specified in (1) above has passed at the time of final site plan denial.

(c)

Otherwise remain valid until the ten (10) years specified in (1) above has passed, during which time new final site plans may be submitted if others are denied.

(3)

Expired schematic development plans may be reapplied for in accordance with section 24-4.2(C) and this section.

(B)

Decision authority. An application included in (A) above shall be reviewed by the planning commission following a joint public hearing with the city council, who shall then provide a recommendation to the city council. The city council shall have the final approval authority for the local map amendment and approval of the schematic development plan, or schematic development plan only, as applicable.

(C)

Application requirements. Applicants seeking to develop, redevelop, or improve property within the MXD, CD, or MCD zones without an approved schematic development plan or concept plan shall file for approval of a schematic development plan pursuant to procedures hereinafter provided. An applicant shall file the following material:

(D)

Review procedures.

(1)

Applications for schematic development plan in conjunction with a map amendment. Zoning map amendment applications that include a schematic development plan that do not have previous approval by the city council shall be subject to the following procedures:

(a)

The city council and city planning commission shall conduct a joint public hearing(s) on the application subject to the notification requirements for zoning map amendments in section 24-12.3, Zoning map amendments and zoning text amendments to chapter 24. Such hearings may be held jointly by the city council and city planning commission.

(b)

The planning commission shall deliver its recommendation to the city council within thirty (30) days of the close of the commission's hearing record. During the planning commission recommendation, the commission may make a finding in accordance with chapter 20, Subdivision, of the city Code that events have occurred to render the current applicable master plan recommendation no longer relevant and therefore any required findings for master plan conformance be relaxed.

(c)

The city council shall take action on the application within ninety (90) days after the close of the city council's hearing record. If the city council fail to do so, the application shall be deemed denied. The application action shall include two (2) sets of findings; one for the map amendment and one for the schematic development plan.

(2)

Applications for schematic development plan approval only. Schematic development plan applications seeking approval for a schematic development plan, and amendments thereto, within the MXD, CD or MCD shall be subject to the review and notifications procedures of section 24-4.2.

(E)

Decision criteria for establishment of CD or MCD zones by map amendment. The city council shall approve the establishment of a CD or MCD zone, when requested in conjunction with a schematic development plan approval, upon finding that the decision criteria of section 24-4.2(B) are met.

(F)

Decision criteria for schematic development plan approval only in conjunction with a zoning map amendment or as a standalone application, by zone. The approval of a schematic development plan shall count as a preliminary site plan and/or preliminary subdivision approval. The city council shall consider the below findings in granting approval of a schematic development plan.

(1)

Decision criteria for a MXD schematic development plan. The city council shall approve a schematic development plan only upon finding:

(a)

The plan is substantially in accord with the approved sketch plan; and

(b)

The plan meets or accomplishes: (a) purposes and objectives of zone; (b) the minimum location and development requirements; and (c) the minimum open area requirements; and

(c)

The plan is in accord with the city master plan and any accompanying special condition or requirements contained in said master plan for the area under consideration; and

(d)

The plan will be internally and externally compatible with existing and planned land uses in the MXD zoned area and adjacent areas; and

(e)

That existing or planned public facilities are adequate to service the proposed development contained in the plan; and

(f)

That the plan, if approved, would reflect the goals and intent of the city's strategic plan.

(2)

Decision criteria for CD schematic development plan. The city council may approve a schematic development plan either as part of a zoning map amendment or standalone only upon the finding that:

(a)

The plan meets or accomplishes the purposes, objectives and minimum standards and requirements of the zone; and

(b)

The plan is in accord with the area master plan and any accompanying special condition or requirements contained in said master plan for the area under consideration; and

(c)

The plan will be internally and externally compatible and harmonious with existing and planned land uses in the CD zoned area and adjacent areas; and

(d)

The existing or planned public facilities are adequate to service the proposed development contained in the plan; and

(e)

That the plan, if approved reflect the goals and intent of the city's strategic plan.

(3)

Decision criteria for MCD schematic development plan. The city council may approve a schematic development plan either as part of a zoning map amendment or standalone only upon the finding that:

(a)

The plan meets or accomplishes the purposes, objectives and minimum standards and requirements of the zone; and

(b)

The plan is in accord with the area master plan and any accompanying special condition or requirements contained in said master plan for the area under consideration; and

(c)

The plan will be internally and externally compatible and harmonious with existing and planned land uses in the MCD zoned area and adjacent areas; and

(d)

The existing or planned public facilities are adequate to service the proposed development contained in the plan; and

(e)

That the plan, if approved, reflect the goals and intent of the city's strategic plan.

(G)

Conditions authorized. The city council is empowered to establish reasonable conditions on the approval of a schematic development plan and those conditions shall be imposed on any approved site plan.

(H)

Amendment to schematic development plans. Approvals, processes, procedures, and amendments to schematic development plans are subject to the procedures of section 24-4.2, Floating zones, and shall be consistent with the following:

(1)

Schematic development plan must be amended when:

(a)

Change in use.

1.

That involves a residential use change to/from a nonresidential land use:

2.

A change requires resubdivision, excluding minor subdivision pursuant to section 20-34;

3.

A change fully reconstructs an existing structure that results in a "change other than to use" defined in this section;

4.

A change involves a change in use to a land use category not approved for the original schematic development plan, except the following changes in use, subject to the other requirements in this section, do not warrant an amended schematic development plan:

i.

A change in land use under the Professional Business Services Category to/from a land use under the Retail and Personal Service Category, as indicated in section 24-7.2(C), with the exception of those uses identified as a conditional use or if such change conflicts with a master plan recommendation or an approved sketch plan in the MXD zone.

(b)

Changes other than to use:

1.

Increases the height of building by ten (10) feet or more, or

2.

Changes to the orientation or siting of buildings that alter the approved schematic development plans layout and other site features' such as road alignment, conservation areas or stormwater facilities; subdivision; and/or building restriction lines, or

3.

Increases nonresidential gross floor area by more than ten (10) percent or five thousand (5,000) square feet whichever is less, or

4.

Increases the number of multifamily residential dwelling units by more than ten (10) percent and/or reflects 1. and/or 2. above; or

5.

Increases the total number of non-multifamily dwelling units by more than five (5) units and/or does not meet the minor subdivision requirements of chapter 20 and/or reflects 1. and/or 2. above; or

6.

Any subdivision changes not allowed under chapter 20, article IV, Minor Subdivisions: Approval Process.

(2)

For amendments involving change in use or changes other than to use, plans may be amended at any time as follows:

(a)

At any time before review and recommendation by the planning commission.

(b)

At any time after planning commission review and prior to city council final action by resubmission to the planning commission for further review and recommendation.

(c)

Subsequent to city council final action to approve as follows:

1.

Filing of a new schematic development plan application in accordance with this article and article 4 based upon zone; or

2.

Resubmission of the previous application to the mayor and city council city council:

i.

The amendment with submission requirements as applicable shall be referred to the planning commission for further evaluation, public hearing and notification required under this section and article 4, and recommendation to the city council. The city council shall thereafter approve or disapprove the recommendation of the planning commission without the necessity of public hearing, no later than forty-five (45) days after receipt of the commission's recommendation or may on its own motion, extend such time limit.

(3)

A final site plan as required by this article must be in conformance with the associated schematic development plan as approved by the city council, with the exception of amendments or modifications reflected on the final site plan not involving a change subject to subsection (H)(1) above.

(I)

Final site plan approval. Following approval of a schematic development plan, an applicant shall submit to the city planning commission a final site plan for approval, which shall be in accord with the approved concept or schematic development plan and shall be pursuant to section 24-12.6, Site development plans.

(Ord. No. O-5-24, 7-15-24)

(A)

Purpose of site development plan (site plan) review. The purpose of site development review is to:

(1)

Avoid adverse impacts on neighboring properties and public facilities;

(2)

Reduce traffic hazards and improve traffic circulation within or without the property that is subject to the site development plan;

(3)

Preserve existing desirable natural features;

(4)

Protect environmental resources;

(5)

Assure adequate light and air to buildings within or without the subject property;

(6)

Provide adequate access to such buildings by fire and rescue equipment;

(7)

Provide convenient access to such buildings from off-street parking spaces;

(8)

Avoid overcrowding of persons and buildings within the development;

(9)

Ensure the provision or development of recreational and other amenities; and

(10)

Facilitate the creation and maintenance of common or public open space, parking areas, and private drainage systems.

(B)

Applicability.

(1)

Land which is the subject of an approved site development plan shall be developed and used only in accordance with the approved plan or in accordance with amendments to said plan approved in accord with the provisions of this chapter.

(2)

Use and development of land which is the subject of an approved site development plan not in compliance with that plan is prohibited and shall constitute a violation of this chapter.

(3)

No building or structure shall be hereafter erected, moved, added to, or structurally altered under circumstances which require the issuance of a building permit under this chapter, nor shall any use be established, altered or enlarged under circumstances which require the issuance of a use and occupancy permit under this chapter, upon any land, until a site development plan for the land upon which such building, structure, or use is to be erected, moved, added to, altered, established, or enlarged has been approved by the city planning commission.

(4)

Notwithstanding the foregoing, no site development plan shall be required to be submitted or approved where the city manager or designee, upon reviewing an application for use and occupancy permit, is satisfied that the proposed use is a permitted use in the zone and is substantially similar to the use to which the premises were put by the last prior occupant thereof, and the property on which the use is proposed to be located has been the subject of a site development plan approved by the planning commission. A proposed use shall not be deemed substantially similar to a prior use where this chapter imposes more stringent requirements for the proposed new use as to off-street parking, setbacks, height limits, or minimum lot size.

(5)

Notwithstanding the foregoing, no site development plan shall be required to be submitted or approved where the city manager or designee, upon reviewing an application for a building permit for changes in an existing building, is satisfied that the proposed changes in the building will not increase the exterior dimensions of the building or substantially increase the usable space within the building.

(6)

Any additions or modifications to a single-family dwelling constructed without an approved final site plan prior to November 2008 shall be processed under the regulations and notification procedures under section 24-12.6(J).

(C)

Application requirements. A closed circle within table 24-12.6-1, Site Development Plan Submission Requirements, indicates the information required for a complete application for:

(1)

A concept site development plan (concept site plan);

(2)

A preliminary site development plan (preliminary site plan); and

(3)

A final site development plan (final site plan).

Table 24-12.6-1. Site Development Plan Submission Requirements

(D)

Waiver of required application information. The city manager or designee is hereby authorized to permit the submission of a site development plan, omitting one or more of the items of information required within this section where it is determined that such information is not necessary for a decision by the planning commission on such plan. The planning commission may, however, subsequently require such information to be supplied.

(E)

Design authority. In the review and approval of a site development plan, the planning commission shall have the following powers which shall be exercised for the purpose of avoiding adverse impact on the neighboring properties and public facilities, reducing traffic hazards and improving traffic circulation within or without the property which is the subject of the plan, preserving existing desirable natural features, protecting environmental resources, assuring adequate light and air to buildings within or without the subject property, providing adequate access to such buildings by fire and rescue equipment, providing convenient access to such buildings from off-street parking spaces, avoiding overcrowding of persons and buildings within the development, ensuring the provision or development of recreational and other amenities, and facilitating the creation and maintenance of common or public open space, parking areas and private drainage systems shall have the following powers:

(1)

To determine the location, size, arrangement, building design, height, and shape of buildings;

(2)

To determine the location, design, and dimensions of streets, driveways, and parking areas;

(3)

To require parking facilities in addition to the minimum and maximum number of parking spaces otherwise required by this chapter;

(4)

To determine the maximum number of dwelling units and nonresidential uses and densities to be located within buildings;

(5)

To determine the location of common open space, landscaping, screening, buffering, and environmental impact;

(6)

To establish the finished grade of the property;

(7)

To determine adequate lighting, signage, and pedestrian/bicycle circulation;

(8)

To require screen planting or fencing;

(9)

To review building elevation drawings showing the architectural themes and visions proposed;

(10)

To impose other conditions upon the approval of the plan where necessary to assure that the use of the property will be consistent with the purpose and intent of this chapter;

(11)

To require that, as a condition to the issuance of building and/or site work permits, bonds or other financial security or instrument be posted with the city, satisfactory to the city manager or designee, to ensure the construction and/or maintenance of approved on-site, private recreational facilities, amenities, buildings and areas, and any landscaping, screening, access, and parking elements being part of the approved site plan.

(12)

To require that property be subdivided, resubdivided, or replatted, and in connection therewith, require dedication of portions of the land to public use, subject to site plan review for public improvements reasonably related to serving the residents, workers, patrons, or visitors of the property or to impose a fee for the same in lieu of dedication.

(F)

Review procedures (non-amendments). The review of a proposed site development plan, other than an amendment to final site plans shall be as follows:

(1)

The submission of a concept site plans are not required.

(2)

Preliminary site development plans and final site development plans are required and may be processed separately or at the discretion of the planning director or designee at the same time.

(3)

Each proposed site development plan shall be submitted to the planning commission on forms provided by the city and shall be accompanied by such fee as shall be hereafter determined by the city council by resolution.

(4)

A public meeting by the planning commission shall be held regarding complete applications for site development plans. Notification and sign posting requirements for the public meeting shall comply with the provisions of section 24-12.6(K) below.

(G)

Decision criteria, generally. The planning commission shall approve a site development plan only upon a finding that the buildings, structures, and uses proposed will not:

(1)

Adversely affect the health or safety of persons residing in or working on the land in question or in the neighborhood thereof.

(2)

Be detrimental to the public welfare or adversely affect the use or development of adjacent or surrounding properties.

(3)

Constitute a violation of any provisions of this chapter or any other applicable law, regulation, or ordinance.

(4)

Be in conflict with the various master plan elements' recommendations.

(a)

During the planning commission review meeting, the commission may make a finding in accordance with chapter 20, Subdivision, of the city Code that events have occurred to render the current applicable master plan recommendation no longer relevant and therefore any required findings for master plan conformance be relaxed.

(5)

Be inharmonious or inconsistent with the environmental standards of the city adopted by the city council pursuant to chapter 20, section 20-9 of the city Code and any amendments thereto.

(H)

Conditions authorized. The approvals of site development plans or amendments thereto may contain such conditions as are necessary to ensure compliance with the requirements of this chapter or which are in the public interest, as determined by the planning commission.

(I)

Amendment procedures (other than minor amendments). Except for minor amendments to previously approved final site development plans, as identified in section 24-12.6(J), below, applications to amend an approved final site development plan, or previously approved final site plan amendment, shall be subject to the following requirements:

(1)

An application to amend an approved final site plan, or amendment thereto, must include the information required in section 24-12.6(C), above, as is necessary to properly detail the plan being amended and to permit review and action thereupon.

(2)

At the time the application for amendment is filed, the applicant shall pay the prescribed fee and submit proper application and copies of the amendment proposal for processing the request.

(3)

Amendment requests shall be submitted to the planning commission and may be reviewed under either the consent agenda or the site plan agenda at the decision of the planning director or designee.

(4)

The planning commission, by a majority vote, may require a consent agenda item to be placed on the next available site plan agenda with the required notification required in section 24-12.6(N).

(5)

In deciding on an amendment application, other than minor amendment applications, the planning commission shall use all applicable decision criteria provided in section 24-12.6(G), above.

(J)

Minor amendments. The following types of requests are considered minor amendments to a previously approved site development plan:

(1)

Resiting or relocation of buildings or structures including, but not limited to, garages and accessory structures, including moving or rotation of a building or structure's footprint, provided such moving or rotation does not encroach within any established and/or required setbacks, and does not encroach within any conservation areas;

(2)

Resiting of a lot with a house type previously approved by the city planning commission;

(3)

Minor revisions to building elevations;

(4)

Minor revisions to a non-residential building that do not increase the gross floor area, as originally constructed or thereafter amended by planning commission, by more than 500 square feet;

(5)

Minor revisions to a residential building that do not increase the square footage of a structure as originally constructed or thereafter amended by planning commission by more than fifteen (15) percent;

(6)

Minor revisions to landscaping, parking layout, and pedestrian and sidewalk access;

(7)

Addition of easement and parking areas or correction of easement and parking area locations;

(8)

Minor revisions to a forest conservation plan;

(9)

Revisions or amendments delegated by the city planning commission;

(10)

Parking waivers of up to ten (10) percent of the required parking for a site, with consideration of the criteria listed in section 24-7.6, Parking waivers by the planning commission;

(11)

Amendments to a shared parking chart in conformance with section 24-7.3(D);

(12)

Minor modifications to existing telecommunications facilities;

(13)

Addition of or alterations to permanent covered outdoor dining facilities which do not increase the square footage of the business by more than fifteen (15) percent and do not enclose or seasonally enclose the dining facilities. This includes permanently or temporarily enclosing a space utilizing walls, retractable curtains, or the like;

(14)

Installation of temporary covered outdoor dining facilities for a time period of no longer than ninety (90) days, once every six (6) months; and/or

(15)

A change in use between permitted uses that do not violate any of the provisions under this section.

(16)

Requests for an accessory dwelling unit, including any proposed accessory dwelling unit to a single-family dwelling constructed without an approved final site plan prior to November 2008.

(K)

Minor amendment procedures. Applications that qualify for a minor amendment to a site development plan, pursuant to section 24-12.6(J), above, shall be subject to the following requirements:

(1)

Requests for minor amendments shall be filed with the planning director or designee.

(2)

The planning director or designee, at their discretion, may take final action on a minor amendment application or reassign the application to the planning commission's agenda for their consideration. Minor amendments placed on the planning commission's agenda must follow the same notification requirements in section 24-12.6(K) below.

(3)

The applicant for a minor amendment shall provide, by mail or personal delivery, written notice in a form approved by the city planning department to owners of property abutting and confronting the property that is the subject of the amendment request within two (2) business days of filing the request and shall certify the same to the planning department.

(4)

A minor amendment shall be granted only if:

(a)

The amendment does not violate the development standards of the property's zoning or increase the lawful nonconformity of any lot or building; and

(b)

The amendment is in general harmony with the architectural and site design characteristics of the approved site development plan; and

(c)

The amendment will not substantially impair the intent and purpose of the planning documents for the applicable area.

(L)

Appeal of specific minor amendment decisions. Except for decisions on minor modifications to existing telecommunications facilities permitted by special except, decisions on all minor amendment requests by the planning director or designee may be appealed subject to the following:

(1)

Such a decision may be appealed to the city planning commission when such an appeal is filed with the planning department in writing within fifteen (15) days after the decision is mailed by the planning director or designee.

(2)

The planning commission, in its discretion, may hold a public review on the decision of the planning director or designee, or order written statements and oral argument in lieu of a public review.

(3)

The planning commission may approve, approve with modification, or disapprove the requested amendment and shall state the reasons for its action in writing.

(M)

Appeal of minor modifications to existing telecommunications facilities permitted by special exception.

(1)

For minor modifications to existing telecommunications facilities permitted by special exception, the decision of the planning director or designee may be appealed to the board of appeals subject to the following:

(a)

Such a decision may be appealed to the board of appeals when such an appeal is filed with the planning department in writing within fifteen (15) days after the decision is mailed by the planning director or designee.

(b)

The board of appeals, in its discretion, may hold a public review on the decision of the planning director or designee, or order written statements and oral argument in lieu of a public review.

(c)

The board of appeals may approve, approve with modification, or disapprove the requested amendment and shall state the reasons for its action in writing.

(d)

The board of appeals, in its discretion, may consider denials of minor modifications to existing telecommunications facilities as an amendment to special exception.

(N)

Notification requirements.

(1)

Notification of planning commission hearings. With the exception of minor amendment requests, notifications for hearings or meetings by the planning commission must comply with the following:

(a)

All matters that come before the planning commission for a hearing or meeting shall be identified on the tentative meeting agenda which shall be posted on the city's website at least nine (9) days before the hearing date.

(b)

Postcards for each application type shall be mailed to all persons or entities within two hundred (200) feet of the subject property. Postcards shall be mailed at least nine (9) days prior to the date of the hearing or meeting, except for hearings on the consent agenda which shall be mailed at least nine (9) days before the hearing to all abutting and confronting property owners and occupants. The following persons or entities with interest, ownership, or occupancy of a property within two hundred (200) feet shall be notified:

1.

Property owners;

2.

Occupants, including all residents and/or commercial tenants;

3.

Condominium associations;

4.

Homeowners' associations; and

5.

Resident managers or management company of a rental project.

(c)

Failure of any person or entity to receive such notice required by this section shall not be a basis for denial of the application.

(2)

Posting of notice. With the exception of matters on the planning commission consent agenda and minor amendment requests, the applicant shall erect signage indicating a "Planning Commission Hearing" or "Planning Commission Meeting" for the pending application pursuant to requirements of section 24-12.15, Posting of notice.

(O)

Extension and voiding of approval.

(1)

One or more of the uses proposed for land which is the subject of a final site development plan or amendment shall be established on such land within two (2) years after the date of approval. If such use or uses are not established the final site development plan approval shall become null and void; provided, that the planning commission may extend such time upon request filed within the two-year period and may grant further a one-year extension upon request filed within the period of any extension; provided, that the total length of the original approval and extension shall not exceed three (3) years. Such extension requests may be processed as consent items as described in section 24-12.6(I), above.

(2)

Where the final site development plan contemplates the construction of one or more new buildings or structures, the use shall be established within the meaning of this section when construction of one or more of such buildings has commenced, or when the final site development plan does not include buildings or structures, when a portion of the final site development plan infrastructure has been commenced.

(3)

Where an approved final site development plan or amendment is the subject of an administrative appeal pursuant to section 24-11.4(F), the validity period of the final site development plan or amendment, including any extensions, will be stayed during the appeal process.

(P)

Revocation of related approvals.

(1)

All construction and development under any building permit shall be in accordance with the approved site development plan. Any departure from such an approved site development plan may be a cause for revocation of a building permit and/or a denial of an occupancy permit.

(2)

Failure to maintain plantings as shown on the approved site development plan may be cause for revocation of an occupancy permit.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. An application for special exceptions from the board of appeals may be requested to permit those uses designated as permitted by special exception in specified zones in this chapter, that because of their nature, activities, and potential effects, require additional regulations and specific approval. No building, structure, or land shall be used, nor shall any building or structure be constructed or converted, wholly or in part, nor off-street parking or access change made, to any use designated within any zoning district in the city as a special exception use until plans and specifications for such special exception use are approved, as provided herein.

(B)

Decision authority. A petition for a special exception, including any parking waiver requests associated with the petition, may be granted by the board of appeals. An approved petition for a special exception shall also be considered an approved final site plan.

(C)

Decision criteria. A special exception may be granted when the board of appeals finds from the evidence of record that the proposed use:

(1)

Is a permissible special exception use within the zone and that the petition complies with all procedural requirements set forth in this article;

(2)

Complies with all standards and requirements specifically set forth for such use as may be contained in this chapter and the development standards for the zone within which the intended use will be located;

(3)

Will cause no objectionable noise, vibrations, fumes, odors, dust, toxicity, glare, or physical activity;

(4)

Will be compatible with the population density, design, scale, and bulk of any proposed new structure or conversion of existing structures, as well as the intensity and character of activity, traffic, and parking conditions and number of similar uses;

(5)

Will be consistent with either the master plan and/or the current city's strategic plan;

(6)

Will not adversely affect the health, safety, or general welfare of the surrounding community;

(7)

Will be served by adequate public services and facilities, including police and fire protection, water and sanitary sewer, storm drainage, public roads, and other public improvements; and

(8)

When located in a residential zone where buildings or structures are to be constructed, reconstructed, or altered shall, whenever practicable, have the exterior appearance of residential buildings and shall have suitable landscaping, screening, or fencing.

(D)

Authority to impose conditions. The board of appeals is empowered to prescribe appropriate conditions and limitations upon the approval of special exceptions, including appropriate site plan conditions and limitations. Special exceptions approved by the board shall be implemented in accordance with the terms and/or conditions set forth in the board's decision and shall include the requirement that the petitioner shall be bound by all of their testimony and exhibits of record, the testimony of their witnesses and representations of their attorneys, to the extent that such evidence and representations are identified in the board's opinion approving the special exception. Violation of such conditions and limitations shall be deemed a violation of this chapter and, further, shall constitute grounds for revocation of such special exception.

(E)

Application requirements. A petition for special exception may be filed by any person, entity, or government agency with any financial, contractual, or proprietary interest in the affected property. Should petitions be filed by one other than the owner of the property, those petitions must be filed with the owner's written consent. A petition for special exception shall be submitted to the board of appeals in writing on forms provided for this purpose. A petition shall not be accepted for filing which does not contain an appropriate application, filing fee, and supporting material set forth below. A petition for special exception shall be accompanied by the following materials and/or information:

(1)

Plans and drawings that comply with the final site development plan requirements as specified in section 24-12.6(C).

(2)

A statement explaining in detail how the special exception is to be operated, including hours of operation, number of anticipated employees, occupants and clientele, equipment involved and any special conditions or limitations which the petitioner proposes for adoption by the board; and how the application complies with findings for a special exception.

(3)

If the petitioner is not the owner of the property involved, the lease, rental agreement, or contract to purchase by which the petitioner's legal right to prosecute the petition is established.

(4)

All additional exhibits which the petitioner intends to introduce and/or the identification of exhibits intended to be introduced at the public hearing.

(5)

A summary of what the petitioner expects to prove, including the names of petitioner's witnesses, summaries of the testimony of expert witnesses, and the estimated time required for presentation of the petitioner's case. All expert reports shall be filed at least fifteen (15) days prior to the public hearing.

(F)

Initial decision procedures.

(1)

All petitions for special exceptions shall be referred to the city manager or designee and the planning commission for analysis, review, and recommendations. Comments and recommendations shall be forwarded to the board of appeals prior to the public hearing on the special exception.

(2)

No petition for special exception may be amended by petitioner after consideration by the planning commission so as to materially alter the original request or proposal unless done so upon the recommendation of the commission or with the prior consent of the board of appeals prior to the public hearing.

(3)

The board shall hold a public hearing on all petitions for special exception subject to the procedures of section 24-11.2(C). The board's hearings shall be public and any party may appear in person or by agent or attorney. The conduct of the hearing shall be conducted pursuant to the board's rules of procedure. Hearings may be adjourned or continued from time to time at the board's discretion; provided, that any such adjournment or continuance shall be to a time and date certain.

(4)

The petitioner for a special exception shall have the burden of proof which shall include the burden of going forward with the evidence and the burden of persuasion on all issues of fact which are to be determined by the board of appeals.

(5)

The decision of the board of appeals shall be made per the provisions of section 24-11.2(F).

(G)

Notification requirements.

(1)

Notice shall be posted on the city's website twenty-two (22) days prior to the public hearing.

(2)

Mailed notice of a public hearing on any special exception, shall be given by mail to all persons or entities within two hundred (200) feet of the subject property at least twenty-two (22) days prior to the date of the public hearing. The following persons or entities with interest, ownership, or occupancy of a property within two hundred (200) feet shall be notified:

(a)

Property owners;

(b)

Occupants, including all residents and/or commercial tenants;

(c)

Condominium associations;

(d)

Homeowners' associations; and

(e)

Resident managers or management company of a rental project.

(3)

The applicant shall erect signage indicating a "Board of Appeals Hearing" for the pending application pursuant to requirements of section 24-12.15, Posting of notice.

(H)

Decision appeal procedures. An appeal of a decision of the board of appeals may be made per the provisions of section 24-11.2(H).

(I)

Implementation, modification, and abandonment.

(1)

The board of appeals shall prescribe a time limit in which the special exception is required to be completed. The board of appeals shall conduct a public hearing upon the failure to complete the special exception within the prescribed time and following the public hearing may terminate the special exception. The board may, upon written request and for good cause shown, extend the time for completion of the special exception.

(2)

The board of appeals is authorized to amend or modify the terms or conditions of a special exception, other than minor amendments as listed below, upon the request of the special exception holder or upon recommendation of any city department or the planning commission, or pursuant to a show cause hearing. No public hearing shall be required unless the proposed modification will substantially change the nature, character, or intensity of the use or materially impact the neighborhood in which such use is located. If the board determines that a hearing is required, the notice and hearing provisions contained in subsection (G) above shall apply.

(3)

After public hearing, the board may revoke a special exception upon finding from the evidence of record that the cessation of the use of the special exception or activities constituting or necessary to the special exception have ceased for a period of at least a six-month duration.

(J)

Minor amendment requests.

(1)

Requests for minor amendments of a special exception shall be filed with the planning director or designee. Minor amendment requests shall be those requests specified in this subsection and shall be acted upon by the planning director or designee. The planning director or designee, at their discretion, may take final action on a minor amendment application or reassign the application to the board of appeal's agenda for their consideration. Minor amendments placed on the board of appeal's agenda must follow the same notification requirements in section 24-12.7(G)(1).

(2)

Requests for minor amendments of a special exception, as specified in (3) below shall follow the application requirements in section 24-12.7(E) and the notification requirements in section 24-12.6(K)(3).

(3)

Requests for minor amendment to a special exception include:

(a)

Approval of retaining walls/fences and other enclosures.

(b)

Minor revisions to building elevation and site plan details which do not add onto buildings or expand footprints of previously approved buildings.

(c)

Minor landscaping, parking layout, and pedestrian and sidewalk access revisions.

(d)

Revisions or amendments delegated by the board of appeals.

(4)

Public reviews of the board of appeals are not required for a minor amendment, provided, however, the planning director or designee shall, upon request, meet with the applicant and interested parties or consider written comments on the amendment.

(5)

A minor amendment may only be granted if:

(a)

The amendment does not violate the development standards of the property's zoning or increase the lawful nonconformity of any lot or building; and

(b)

The amendment is in general harmony with the architectural and site design characteristics of the approved site development plan; and

(c)

The amendment will not substantially impair the intent, purpose or integrity of the neighborhood or the planning documents for the applicable area.

(6)

Appeal of minor amendment decisions. Decisions on all minor amendment requests by the planning director or designee may be appealed subject to the following:

(a)

Such a decision may be appealed to the city board of appeals when such an appeal is filed with the planning department in writing within fifteen (15) days after the decision is mailed by the planning director or designee.

(b)

The board of appeals, in its discretion, may hold a public review on the decision of the planning director or designee, or order written statements and oral argument in lieu of a public review.

(c)

The board of appeals may approve, approve with modification, or disapprove the requested amendment and shall state the reasons for its action in writing.

(Ord. No. O-5-24, 7-15-24; Ord. No. O-06-26, 5-4-26)

(A)

Applicability. A petition for a variance may be filed to request relief or waiver from the strict application of the terms or requirements of this chapter in instances where a hardship or practical difficulty may limit the development of a property in a manner that is otherwise generally aligned with the provisions of this chapter.

(B)

Decision making authority. A petition for a variance may be granted by the board of appeals.

(C)

Decision criteria. If a conflict between this statute and state code exists, the state prevails. A variance from the terms of this chapter may be authorized by the board of appeals upon proof by the evidence of record that:

(1)

Relative to surrounding properties, the property is peculiar in some manner, such as, but not limited to, dimension, grade, or environmental constraint; and

(2)

The peculiarity of the property was not due to any action taken by the petitioner; and

(3)

The literal enforcement of zoning law would result in unnecessary hardship or practical difficulty and would deprive the petitioner of the rights commonly enjoyed by others in similar areas that have many of the same features of the subject property; and

(4)

The variance request has no effect on an adjacent property owner's use or enjoyment of their property; and

(5)

The variance request is consistent with the purposes of this chapter and does not confer on the petitioner a special privilege that would be denied other petitioners; and

(6)

All development associated with a variance request is appropriately scaled, designed, and sited.

(D)

Authority to impose conditions. In granting any variance the board may prescribe appropriate conditions and limitations in conformance with this chapter. Violations of such conditions and limitations shall be deemed a violation of this chapter and, further, shall constitute grounds for revocation of such variance. These provisions shall not be construed to permit the board, under the guise of a variance, to authorize a use of land not otherwise permitted in the zone involved or permit a variance specifically prohibited by the terms of this chapter or grant a variance that will increase the intensity of an existing nonconforming use.

(E)

Application requirements. A petition for a variance shall be submitted to the board of appeals in writing on forms provided for this purpose. A petition shall not be accepted for filing which does not contain an appropriate application, filing fee and supporting material set forth below. A petition for a variance shall be accompanied by the following materials and/or information:

(1)

Plans and drawings that comply with section 24-12.6(C)(3).

(2)

A statement establishing the need for variance, including argument regarding peculiarity of property and how application complies with findings for a variance in section 24-12.8(C).

(3)

If the petitioner is not the owner of the property involved, the lease, rental agreement, or contract to purchase by which the petitioner's legal right to prosecute the petition is established.

(4)

All additional exhibits which the petitioner intends to introduce and/or the identification of exhibits intended to be introduced at the public hearing.

(5)

A summary of what the petitioner expects to provide, including the names of petitioner's witnesses, summaries of the testimony of expert witnesses, and the estimated time required for presentation of the petitioner's case. All expert reports shall be filed at least fifteen (15) days prior to the public hearing.

(F)

Review procedures.

(1)

Petitions for a variance may be filed by any person, entity or government agency with any financial, contractual or proprietary interest in the affected property. Should petitions be filed by one other than the owner of the property, those petitions must be filed with the owner's written consent.

(2)

Petitions for variances shall be referred to the city manager or designee, but shall only be referred to the planning commission at the discretion and direction of the board of appeals. Comments and recommendations shall be forwarded to the board of appeals prior to the public hearing on the variance.

(3)

The board shall hold a public hearing on all petitions for variance subject to the procedures of section 24-11.2(C).

(4)

The petitioner for a variance shall have the burden of proof which shall include the burden of going forward with the evidence and the burden of persuasion on all issues of fact which are to be determined by the board of appeals.

(5)

The decision of the board of appeals shall be made per the provisions of section 24-11.2(F).

(G)

Notification requirements.

(1)

Notice shall be posted on the city's website twenty-two (22) days prior to the public hearing.

(2)

Mailed notice of a public hearing on any variance, shall be given by mail to all persons or entities within two hundred (200) feet of the subject property at least twenty-two (22) days prior to the date of the public hearing. The following persons or entities with interest, ownership, or occupancy of a property within two hundred (200) feet shall be notified:

(a)

Property owners;

(b)

Occupants, including all residents and/or commercial tenants;

(c)

Condominium associations;

(d)

Homeowners' associations; and

(e)

Resident managers or management company of a rental project.

(3)

The applicant shall erect signage indicating a "Board of Appeals Hearing" for the pending application pursuant to requirements of section 24-12.15, Posting of notice.

(H)

Decision appeal procedures. An appeal of a decision of the board of appeals may be made per the provisions of section 24-11.2(H).

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. An application for an administrative review may be requested where it is alleged that there is an error in any final order, requirement, decision, or determination made by the planning commission, historic district commission, city manager or designee's final decision under section 24-12.9(b) or any other ordinance or regulation which may hereafter be designated by the city council for such administrative review.

(B)

Decision making authority. The board of appeals shall hear and decide administrative reviews alleging error by the planning commission, historic district commission, or the city manager or designee's final decision under this section.

(1)

Any dispute or appeal from the decision by an administrative official or department of the city government in the enforcement and administration of this chapter, the building code, or subdivision regulations shall be subject to a final decision by the city manager or, if so designated, the director of the department of planning and code administration.

(2)

Any permit decision may be appealed to the city manager or designee within ten (10) days after issuance or denial of a permit by submission of a statement of appeal to the city manager, identifying the permit in question and nature of the dispute, with a copy to applicable city staff and the office of the city attorney and accompanied by a filing fee which shall be established from time to time by the city council. Such appeal shall not be accepted for filing which does not identify the permit or nature of the dispute, filing fee, and copies to applicable city staff and the office of the city attorney.

(3)

The appellant may within ten (10) days after the submittal of the permit appeal submit any further documentation and written reasons to the city manager supporting the appeal, with a copy to applicable city staff and the office of the city attorney. The city may within ten (10) days after the appellant's submission submit to the city manager or designee further documentation and written reasons supporting the city's position, with a copy to the appellant and the office of the city attorney. The city attorney or designee may advise the city manager or designee.

(4)

The appeal, written reasons, and documentation provided shall be included as part of the record of the appeal. The city manager or designee shall conduct an informal but recorded hearing if requested by either appellant or appellee for the receipt of testimony, evidence, and argument, which shall also be part of the record.

(5)

The city manager's or designee's written final decision will be considered the final decision of any administrative official or department of the city government in the enforcement and administration of this chapter, the building code, subdivision regulations or any other ordinance or regulation and shall be sent to the appellant and city as appellee, as well as the office of the city attorney, within forty-five (45) days after the appeal, or the appeal shall be considered denied by the city manager as of that forty-fifth day, which shall be considered the date of the final decision. If mailed to the appellant, the final decision must be mailed "certified" and dated the time of mailing; otherwise, it must be dated the date of delivery to the appellant.

(6)

The city manager's or designee's written final decision is subject to a petition for administrative review as the final decision of any administrative official or department of the city government in the enforcement and administration of this chapter, the building code, subdivision regulations or any other ordinance or regulation.

(C)

Decision criteria. A petition for administrative review may be granted when the board of appeals finds from the evidence of record that the final decision which is the subject of the appeal was clearly erroneous or not in accordance with the law.

(D)

Application requirements. A petition for administrative review shall be submitted to the board of appeals in writing on forms provided for this purpose. A petition shall not be accepted for filing which does not contain an appropriate application, filing fee and supporting material set forth below. A petition for administrative review shall be accompanied by the following materials and/or information:

(1)

The final planning commission or historic district commission action, final permit decision as made by the city manager under subsection (b), or any other final decision of other government official from which petitioner seeks administrative review, and/or approved plans, and all records upon which the appeal was filed or based.

(2)

List of specific section or sections of the City Code relied upon or authorizing the review.

(3)

Deposit for cost of official transcript of agency proceeding, if required, estimated on length of hearing. Balance to be paid by petitioner prior to scheduling of hearing date.

(4)

List of parties who participated in the proceeding appealed.

(E)

Decision procedures.

(1)

Petitions filed for administrative review to the board of appeals may be initiated by any person aggrieved by a final decision as set forth in subsection (A), above, of this Code. Such petition shall be filed within seventeen (17) days of the date of the final decision from which the appeal is filed, unless extended by law or by order of the board upon good cause shown not more than twenty-one (21) days after the date of the final decision appealed from.

(2)

The filing of a petition for administrative review shall stay all proceedings in furtherance of the action appealed from unless such stay would cause immediate peril to life or property.

(3)

The petitioner for an administrative review shall have the burden of proof which shall include the burden of going forward with the evidence and the burden of persuasion on all issues of fact which are to be determined by the board of appeals.

(4)

Administrative reviews shall be by oral argument or written statement based solely on the evidence submitted and received in the planning commission or historic district commission proceedings or in the record of proceedings before the city manager or designee.

(5)

The decision of the board of appeals shall be made per the provisions of section 24-11.2(F).

(F)

Decision appeal procedures. An appeal of a decision of the board of appeals may be made per the provisions of section 24-11.2(H).

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. Conditional uses are those uses designated as permitted in specified zones in this chapter, but because of their nature, activities, and potential effects, require additional regulations and specific approval. No building, other structure, or land shall be used, nor shall any building or structure be constructed or converted, wholly or in part, nor off-street parking or access change made, to any use designated within any zoning district in the city as a conditional use until plans and specifications for such conditional use are approved, as provided herein.

(B)

Decision authority. An application for conditional use may be granted by the city council by resolution. In granting an application for conditional use, the city council shall find that the criteria of subsection (D) below are met.

(C)

Review procedures.

(1)

Conditional use petitions shall be filed with the planning department separately or together with a sketch or schematic development plan or a local map amendment application and with documents, plans, and other information that may be required by the city council and planning commission.

(2)

If filed separately, a conditional use application shall be subject to a joint public hearing process before the planning commission and city council and shall require the same notification and procedures as those applicable to schematic development applications, as stated in section 24-12.5(D) and section 24-12.15. The city planning commission shall provide its recommendations to the city council, which shall become part of the evidence of record. The planning commission shall deliver its recommendation to the city council within thirty (30) days of the close of the commission's hearing record. The city council shall take action on the application within ninety (90) days after the close of the city council's hearing record. If the city council shall fail to do so, the application shall be deemed denied.

(D)

Decision criteria. A conditional use shall be approved if the city council finds, based upon the evidence of record, that the use and/or plan of development for such use must:

(1)

Be compatible with design, scale, and bulk of any proposed new structure or conversion of existing structures; as well as the intensity and activity, traffic, and parking conditions;

(2)

Comply with all standards and requirements specifically set forth for such use as may be contained in this chapter and the development standards for the zone within which the intended use will be located;

(3)

Not cause objectionable noise, vibrations, fumes, odors, dust, glare, chemical contamination, or physical activity and/or adversely affect the health or safety of persons residing, working, or traveling in the neighborhood of the proposed use;

(4)

Be permissible as a conditional use within the zone;

(5)

Be consistent with either the master plan and/or the current strategic plan of the city; and

(6)

Not constitute a violation of any provision of this chapter or other applicable law or regulation.

(E)

Authority to impose conditions. The city council may attach such conditions to an approval as may be reasonable and necessary to assure that the proposed use will be consistent with the purpose, intent, and requirements of this chapter.

(F)

Amendment procedures. No deviation from an approved conditional use shall be permitted without the resubmission of a new application.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. An application to permit a temporary use may be requested to permit the short-term use of a building or land.

(B)

Decision authority. A request for a temporary use may be granted by the planning commission and subject to a site plan approval. In granting an application for a temporary use the planning commission shall find that the proposed temporary use is in compliance with subsection (E), below.

(C)

Submission requirements. An application for a temporary use must be submitted in writing upon forms approved by the city and must include the following information:

(1)

A site plan showing the final locations, heights, dimensions, driveways, access, and associated parking of the temporary use;

(2)

A justification letter demonstrating compliance with section 24-12.11(E), below and any APFO requirements pursuant to article 14, Adequate Public Facilities; and

(3)

Any additional information required as is necessary to properly detail and permit the approval.

(D)

Notification requirements. Notice requirements for a public meeting on a proposed temporary use must meet the notification requirements applicable to a minor amendment to a site development plan pursuant to section 24-12.6, Site development plans.

(E)

Approval criteria for temporary uses. Temporary uses may only be approved if the planning commission finds:

(1)

The use is listed as permitted in the zoning district and not as a prohibited use, conditional use, or special exception; and

(2)

The use will not adversely affect the public health, safety, or welfare of nearby persons or property; and

(3)

Conformance with the master plan; and

(4)

Does not include the construction of permanent structures; and

(5)

Disturbs less than five thousand (5,000) square feet of land; and

(6)

Must not disturb environmentally sensitive features.

(F)

Duration.

(1)

If approved, the duration of the temporary use shall be set forth by the planning commission in the resolution for approval and can be subject to additional conditions or requirements. In no instance shall temporary uses be approved for a duration longer than one year.

(2)

Any temporary structures associated with approved temporary uses shall be removed within fourteen (14) calendar days of the expiration of an approved permit.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. A site work permit shall be required to ensure the construction and/or maintenance of approved on-site, private recreational facilities, amenities, buildings and areas, and any landscaping, screening, access, and parking elements being part of the approved site plan.

(B)

Decision making authority. The city manager or designee shall have the authority to approve or deny any site work permit. In issuing a site work permit, the city manager shall determine that the contents of the site work permit application conform to the requirements of this chapter.

(C)

Surety or cash bond required. The city shall require from the developer a surety or cash bond, irrevocable letter of credit, corporate bond, or other means of security acceptable to the city manager or designee and approved by the city attorney, prior to the issuance of any permit and prior to beginning any grading or construction pursuant to that permit. The bond or other means of security required in this section shall be conditioned upon the faithful performance of the conditions specified in the permit, within the time specified by the city manager, or designee, or within any extension thereof granted by the city manager, or designee. The bond or other means of security shall not be less than such amount as is estimated to be the total cost of the project to ensure the construction and/or maintenance of approved on-site, private recreational facilities, amenities, buildings and areas, and any landscaping, screening, access and parking elements being part of the approved site plan, subject to, at the city's option, a ten (10) percent contingency or unit dollar amount established by the city as contingency. Such bond or security shall obligate the principal, his or her executors, administrators, successors, and assigns, jointly and severally with the surety, and shall inure to the benefit of the city, its officers and employees and to any person aggrieved by the principal's failure to comply with the conditions thereof. It shall be conditioned upon the completion of the work authorized by the permit, and upon the repair of any defects in the work. The bond required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved plan, compliance with all the provisions of this article and other applicable laws and regulations, and any time limitations. A corporate bond shall be maintained and renewed annually, and all securities shall be executed by a surety or guaranty company qualified to transact business in the state and approved by the city. In lieu of such corporate bond, said permittee may, with the approval of the city manager or designee and the city attorney, deliver to the city a written agreement to complete such work and to repair any such defect, together with cash, certified check, cashier's check or other instrument designed to provide the funds to complete such work and repair any such defects in the event the permittee shall fail to do so, and shall be deposited with the city with documentation that the funding has been deposited in compliance with and subject to the provisions of this article. Such instrument may consist of a letter of credit from a commercial bank, a certificate of savings deposit in a commercial bank or savings institution assigned to the city and qualified to transact business in the state, or such other instrument as may be approved by the city manager or designee and the city attorney. The bond, letter of credit or other security shall obligate the principal, his executors, administrators, successors, and assigns, jointly and severally with the surety, and shall inure to the benefit of the city, its officers and employees and to any person aggrieved by the principal's failure to comply with the conditions thereof. The principal and the surety shall, under the bond, letter of credit or other security, continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses or liabilities which may be incurred or expended by the city to meet the minimum requirements of this article, the plan and the permit. Upon the completion of the work authorized by the permit, said corporate bond shall be released as to ninety (90) percent of the amount thereof, or the full amount minus the unit dollar amount withheld by the city, if any contingency was retained, or in those cases where a written agreement has been submitted in lieu of said bond, ninety (90) percent of the security or the full amount minus the unit dollar amount withheld by the city, therefor shall be returned to the permittee. Upon completion of the repair of any defects referred to herein, the remainder of such bond shall be released, or the balance of such security shall be returned to the permittee.

(D)

Default of performance. Whenever the city shall find that a default has occurred in the performance of any term or condition of the permit or bond, letter of credit or other security, written notice thereof shall be given to the principal and to the surety of the bond. Such notices shall state the work to be done, the estimated cost thereof and the period of time deemed by the city to be reasonably necessary for the completion of such work.

(E)

Notice of default. If a cash bond, letter of credit or other security has been posted, notice of default as provided by the preceding subsections shall be given to the principal, and if compliance is not had within the time specified, the city or other surety or any other person employed or engaged on his behalf shall proceed without delay and without further notice or proceedings whatsoever to forfeit and convert and use the cash deposited, or any portion of such deposit, or other security at the discretion of the city manager or designee.

(F)

Right to complete work. In the event of any default in the performance of any term or condition of the permit or the bond, letter of credit or other security, the city, the surety or any person employed or engaged on its behalf shall have the right to go upon the site to complete the required work or make it safe. In the event the city undertakes the work or to make the site safe with the funds from the forfeited cash or corporate bond, such funds shall be used to pay the cost of contracting, including engineering and administration, for restoration of the site to meet the requirements of the permit, bond or this article. If the cost of the work or making the site safe exceeds the amount of the cash or corporate bond, letter of credit or other security, the permittee shall continue to be firmly bound under a continuing obligation for payment of all excess costs and expenses incurred by the city. The costs and expenses shall be a lien upon all property and all rights to property, real or personal, of any person liable to pay the same from and after the time such costs are due and payable. The costs shall be listed on the tax bill and shall be collected in the manner of ordinary taxes.

(G)

Obstruction of ingress or egress prohibited. No person shall interfere with or obstruct the ingress or egress to or from any such site or premises by an authorized representative or agent of any surety, or of the city, engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof.

(H)

Final inspection required. The bond, letter of credit or other security shall not be fully released without a final inspection of completed work A corporate bond or letter of credit shall remain in full force and effect, until completion of the work in accordance with section 24-12.6, Site development plans and approval by the city, submission of "as-built" plans and certification of completion by the city that the work complies with the approved plan and the provisions of this article.

(I)

Comment period before release of bond or other security. Prior to releasing any bond or other security required for elements of an approved site plan, the city manager shall provide an opportunity for interested property owners, citizen groups, and representatives of common ownership communities to provide comment concerning any perceived defects in bonded construction. Such comment must be received by the city within thirty (30) days of the permittee's request for release of bonds under this chapter. The city manager or designee shall promulgate administrative procedures for notification of interested property owners, citizen groups and representatives of common ownership communities. The decision of the city manager as to this release of any bond or letter of credit shall be final and shall not be subject to any administrative appeal or review procedures provided for in section 24-12.9, Administrative review.

(J)

Return of cash bond or other security. A cash bond or other security shall be returned upon depositor's request to the depositor or to his successors or assigns upon completion of the work approved by the city as provided herein and in accordance with section 24-12.6, Site development plans, except any portion thereof that may have been used. Subsequent to the completion of work, the city manager is authorized to declare as abandoned and forfeited, any cash bond posted pursuant to a requirement of this chapter, and relinquish proceeds thereof to the general treasury of the city, when after giving the depositor or permittee who posted the cash bond thirty (30) days' written notice first by registered mail, and if unclaimed by first-class mail, such depositor or permittee fails to request of the city the return of the cash bond. Upon failure to request of the city return of the cash bond, as provided herein, the depositor or permittee, its successors or assigns, heirs and assigns relinquish all claim to said cash bond.

(K)

Certificate of insurance. If, in the opinion of the city manager or designee, the nature of the work is such that it may create a hazard to human health, life or safety or endanger adjoining property or property at a higher or lower elevation, or any street or street improvement, or any other public property, the city manager or designee may, before issuing a permit under this article, require that the developer file a certificate of insurance. The certificate of insurance shall show that the developer is insured against claims for damages for personal injury and property damage in an amount not less than two million dollars ($2,000,000.00). Such damages may also include but are not limited to include damages to the city by deposit or washing of material onto city streets or other public improvements; which may arise form or out of the performance of the work, whether such performance is by the developer, subcontractor or any person directly or indirectly employed by the developer. The amount of such insurance shall be prescribed by the city manager, or designee, in accordance with the nature of the risks involved. Such insurance shall be written by a company licensed to do business in the state and approved by the city. Neither issuance of a permit nor compliance with the provisions hereto or any condition imposed by the city shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the city for damages to persons or property.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. A building permit shall be required in order to allow any building or other structure to be erected, moved, added to, or altered. No building permit requiring a site work permit shall be issued prior to the issuance of said site work permit. No building permit shall be issued except in conformity with the provisions of this chapter, except after written order from the board of appeals.

(B)

Decision making authority. The city manager or their designee shall have the authority to approve or deny any building permit. In issuing a building permit, the city manager shall determine that the proposed building or structure conforms to the requirements of this chapter.

(C)

Application requirements. Each application for a building permit shall be accompanied by a copy of a plat or site plan as required, an application as provided for this purpose, and a building plan drawn to scale showing:

(1)

The approved site plan or a house location plat of an existing individual single-family dwelling showing the proposed addition drawn to scale.

(2)

Construction plans and documents needed to show compliance with chapters 5, 7, and 11 of the city Code or the State of Maryland.

(3)

Such other additional information as may be reasonably required to show compliance with the city Code.

(D)

Signature by registered architect required. All building plans, other than single family residences, shall be signed by a professional architect registered in the state except for the following:

(1)

If the estimated cost (labor and materials) of storefronts, exterior stairways, landings, decks, ramps, joists, or the mechanical, electrical, or plumbing system does not exceed ten thousand dollars ($10,000.00), plans do not need to be signed by a licensed design professional registered in the state.

(2)

If the estimated cost (labor and materials) of building does not exceed twenty-five thousand dollars ($25,000.00) and is not structural in nature, plans do not need to be signed by a licensed design professional registered in the state.

(E)

Certified location plat required. Upon completion of constructing the foundation walls of a building or structure, the owner of such building or structure shall provide one copy of a location plat, certified by a land surveyor entitled by law to practice land surveying in the state. This plat shall show the actual location of the building or structure walls on the lot, parcel or tract and relation to other structures on the same lot, parcel, or tract. If the building or structure is not located in accordance with the original plat and or approved site plan or is for a use other than that which the building permit was issued, all work thereon, except to correct the noncompliance, shall cease and the building permit shall be withdrawn. A withdrawn building permit may be reinstated upon compliance with the requirements governing its issuance.

(F)

Certified final location survey required. Upon completion of any new building, structure, or addition to a building or structure, except additions for single family dwellings, and prior to final inspection and approval of said new building, structure, or addition to a building or structure, the owner of such building or structure shall provide one copy of a final location survey certified by a professional land surveyor duly licensed by the state to practice land surveying in the state.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. A use and occupancy permit shall be required to lawfully permit the use or occupancy of any building or land. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, except the reuse or changed occupancy of single-family dwellings for residential purposes until a use and occupancy permit have been issued.

(B)

Decision authority. The city manager or designee shall have the authority to approve or deny any use and occupancy permit. In issuing a use and occupancy permit, the city manager shall determine that the proposed use of the building or land conforms to the requirements of this chapter.

(C)

Nonconforming structures and uses. No nonconforming structure or use shall be maintained, renewed, changed, or extended until a use and occupancy permit shall have been issued. The use and occupancy permit shall state specifically wherein the nonconforming use differs from the provisions of this chapter.

(D)

Temporary occupancy permit. A temporary occupancy permit may be issued by the city manager or designee for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion; provided, that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.

(E)

City records. The city shall maintain a record of all use and occupancy permits, and copies shall be furnished upon request to any person.

(F)

Violation. Failure to obtain a use and occupancy permit shall be a violation of this chapter.

(G)

Suspension of use and occupancy permit. A use and occupancy permit may be suspended or revoked by the city manager or designee upon subsequent change in use, use in contravention to the provisions of this chapter or where such use is found by the issuing authority to constitute a public nuisance by reason of disorderly physical activity, noise, odors, fumes, or traffic or where such use or activity may constitute a threat to the public health, safety or welfare.

(H)

Appeals.

(1)

Appeals of any suspension or revocation of a use and occupancy permit shall be to the city board of appeals and be governed by the provisions of section 24-11.2, Board of appeals, and section 24-12.9, Administrative review, of this article.

(2)

An appeal under this subsection stays all enforcement in furtherance of the action appealed, unless the administrative official from whom the appeal is taken certifies to the board of appeals, after the notice of appeal is filed, that, by reason of facts stated in the certificate, a stay would, in the official's opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of appeals or by the circuit court upon appropriate application and good cause shown.

(Ord. No. O-5-24, 7-15-24)

(A)

Applicability. Where specified by an application or petition type to the planning commission, mayor and city council, board of appeals, or historic district commission a notice of public hearing or meeting shall be posted in compliance with the following procedures.

(B)

Posting of notice. The applicant shall erect one or more signs to be supplied by the city giving notice of the number assigned to such application and the application type proposed. The applicant shall file a written statement in the record verifying the posting and compliance with this section.

(C)

Duration of posting. The signs shall be erected by the minimum number of days prior to the public hearing as specified below:

(D)

Required location and size. Such sign or signs shall be erected by the applicant on the property which is the subject of the application in accordance with the following specifications:

(1)

If the property has frontage on one or more improved streets, there shall be one sign posted for each one thousand (1,000) feet (or fraction) of frontage on each street. The sign(s) shall be posted on the property not more than fifteen (15) feet from the street right-of-way to be visible from the improved portion of the street. When more than one sign is required to be posted along a street, the signs shall, where practicable, be evenly spaced along the street.

(2)

If the property does not have frontage on an improved public street, then a sign shall be placed on the property by the applicant near the boundary of the property and visible from an abutting or confronting property. A second sign shall be placed by the applicant near to, and visible from, the improved portion of the nearest, most traveled street. The second sign shall indicate it is not posted on the subject property.

(3)

In the event the applicant is not the owner of the property and the owner refuses to permit a sign to be placed on the property, or in the event a sign on the property cannot be readily seen by the public, the city manager or designee may direct that the sign or signs be placed on property other than the subject property in such locations as will give fair notice of the pendency of the application.

(4)

The minimum size of each sign shall be two (2) feet in width by three (3) feet in height for all signs to be located abutting streets that are two (2) lanes or smaller. However, the minimum size of each sign shall be four (4) feet in width by three (3) feet in height, for all signs to be located abutting streets that are larger than two (2) lanes.

(5)

All signs posted shall be conspicuous and legible.

(E)

Required content of sign. At a minimum, the sign shall contain the following information:

(1)

The title of the hearing as specified by the application type;

(2)

The type of application or petition pending;

(3)

The application or petition number;

(4)

The date and place of the hearing; and

(5)

A phone number to call for additional information.

(F)

Maintenance and removal.

(1)

The applicant shall be responsible for the reasonable maintenance of all signs posted. In the event a sign is removed, falls down, or otherwise is not posted correctly during the pendency of and including the date of the hearing, it shall be the responsibility of the applicant to re-post the sign. In the event a replacement sign is needed, it shall be the applicant's responsibility to request a new sign from the planning and code administration.

(2)

Following the hearing, it shall be the responsibility of the applicant to remove all signs posted within a five-day period following the hearing or the issuances of a written opinion by the board of appeals.

(Ord. No. O-5-24, 7-15-24)

(A)

Deferrals of pending zoning map amendment, text amendment, schematic development plan, sketch plan, or site development plan applications. The processing, public hearing or decision of any pending zoning map amendment, text amendment, schematic development plan, sketch plan, or amendments to any of the described site development plans may, after recommendations are received from the department of planning and code administration, be postponed or deferred by resolution approved by the city council when, in the discretion of the city council, the pendency of any master plan amendment, transportation plan amendment; zoning and planning study; or city, county, or state capital improvement program or project or amendment thereto may substantially affect applications under consideration, and promote orderly zoning and planning within the city, as well as the efficient and economical processing of such applications. Such a deferral, if granted, may be in place until:

(1)

The final disposition by the city council of the pending master plan amendment, zoning and planning study, or city capital improvements program or project or amendment thereto; or

(2)

The final disposition of a Montgomery County or State of Maryland transportation plan amendment, county or state capital improvement program, or project or amendment thereto; or

(3)

In the discretion of the city council, the elimination of any conflicts between a pending local map amendment, text amendment, schematic development plan, sketch plan, or concept plan for a city floating zone as defined, or amendments to any of the previous described site plans have been resolved; or

(4)

Twelve (12) months from the effective date of the resolution postponing or deferring the application, unless extended by the city council for cause and granted by resolution.

(5)

The terms "pendency" or "pending" shall, for the purposes of this section, mean:

(a)

Master plan and transportation plan amendments - from and after public release of a staff draft of the amendment until final action thereon by the city council;

(b)

Zoning and planning study - from and after direction of the city council or the city planning commission to city staff to undertake such study until such time as the study is completed and released by city staff to the requesting agency and said agency has concluded its review, including further instructions to staff, if any;

(c)

Capital improvements program or project - from and after publication of any proposed capital improvements program, project, or an amendment thereto until final action thereon by the city council or appropriate government agency.

(6)

Any cost of readvertisement for an application postponed or deferred by the city council under this section shall be borne by the city.

(Ord. No. O-5-24, 7-15-24)