Council Approved

Article 59-7. Administration and Procedures

Division 7.1. Review Authority and Approvals Required
Section 7.1.1. In General

The applicant has the burden of production and has the burden of proof by a preponderance of the evidence on all questions of fact.

Section 7.1.2. Overview of Review and Approval Authority

The following table provides an overview of the authority granted the various bodies under this Chapter. This table does not define legal responsibilities and is only provided for
the convenience of the reader.
Authority

Approval Requested
District Council Approvals
Local Map Amendment
Corrective Map Amendment
Sectional or District Map Amendment
Zoning Text Amendment
Regulatory Approvals
Conditional Use

Use-and-Occupancy and Temporary Use Permit

Sign Permit
Sign Variance
A = Appeal

D = Decision

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Planning
Director or
Staff

Planning
Board

Hearing
Examiner

R
R
R
R

R
R
R
R

7 . 3. 1

7 . 3. 2
7 . 3. 3
7 . 3. 4

I
R
R

I
D
D

7.2.1
7.2.2
7.2.3
7.2.4

Variance
Sketch Plan
Site Plan
Administrative Approvals
Building Permit

KEY:

DPS
Director or
Staff

Section Reference

Sign
Review
Board

Board of
Appeals

D
D
D
D

7 . 4. 1

7 . 4. 2
7 . 4. 3
7 . 4. 4

D
D

I
I
I

A
A
A

I = Review and recommendation if requested by a reviewing, deciding, or appellate body

District
Council

R = Review and recommendation

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Section 7.1.3. Overview of Approvals Required

The following table provides an overview of the approvals required under Article 59-7. Details of the submittal requirements and review criteria are discussed in the referenced
Sections. These explanations are not legal definitions and are only provided for the convenience of the reader.

Application
District Council Approvals
Local Map Amendment
Corrective Map Amendment
Sectional or District Map Amendment
Zoning Text Amendment
Regulatory Approvals
Conditional Use

Section Reference

Applicability

7.2.1

A local zoning change to apply a Floating or Euclidean zone to a specific property.

7.2.2
7.2.3
7.2.4

Correction of an error in the application or mapping of a comprehensive rezoning.

A comprehensive rezoning of an area or areas of the County.
A change in the text of this Chapter.

7 . 3. 1

Use of any property for a conditional use, as designated by Article 59-3.

Variance
Sketch Plan

7 . 3. 2
7 . 3. 3

A request to deviate from any requirement of this Chapter.

Required for development under the optional method.

Site Plan

7 . 3. 4

Optional method development requires approval of a site plan after approval of a sketch plan. Development
under a Floating zone requires approval of a site plan after approval of a Local Map Amendment. Development under standard method may require site plan approval under Section 7.3.4.

Administrative Approvals
Building Permit

7 . 4. 1

Use-and-Occupancy and Temporary Use

Permits

7 . 4. 2

Sign Permit

7 . 4. 3

Sign Variance

7 . 4. 4

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Required before any building or structure can be erected, moved, altered, or enlarged. See exemptions in
Section 7 . 4. 1.
Required before any building, structure, or land can be used or can be converted, in whole or in part, from
one use to another. See exemptions in Section 7 . 4.2.
Required when a sign is constructed, erected, moved, enlarged, illuminated, or substantially altered. Routine
maintenance, including painting, cleaning, changing copy where permitted, or changing copy that satisfies a
sign concept plan, does not require a permit. See exemptions in Section 6.7.3.
Any sign not listed in Division 6.7, or that does not satisfy the requirements in Division 6.7, may apply for a
sign variance from the Sign Review Board.

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Division 7.2. District Council Approvals

Section 7.2.1. Local Map Amendment
A. Applicability and Description

slate that contributes to candidates for County Council or County Executive, under State law. The applicant must submit the disclosure statement on a form approved by the District Council.

1. A zoning map change to apply a Floating or Euclidean zone to an individual

property requires approval of a Local Map Amendment.

d. A statement explaining how the proposed development satisfies the

criteria to grant the application.

2. The Local Map Amendment application describes the property and the basis
for the requested zoning change.

e. For a Floating zone, a floating zone plan depicting:

3. When requesting a Floating zone, an applicant may propose binding elements with a Local Map Amendment application. A binding element may
include, but is not limited to, a restriction on use and building type that the
zone would otherwise allow; a limit on a development standard to less than
the maximum allowed; or a general development requirement beyond the
minimum required. A binding element binds the applicant, and any successor or assign, unless lawfully amended.

B. Application Requirements
1. The applicant must be a government agency, own the subject property, or be
authorized by the owner to file the application. If any land or right-of-way is
owned or controlled by the State, County, or any other entity or agency, the
applicant must submit written authorization from that entity or agency with
the application.
2. The applicant must submit the following for review:
a. An application form and fees approved by the District Council.
b. The identity of each person who has a substantial interest in the property
under the application, including any person with a share in the property
amounting to 5% or more (whether held in an individual or corporate
capacity) of the full cash value of the property after subtracting all mortgages, deeds of trusts, liens, and encumbrances. The application must
also contain the names of any contract purchaser or person holding a
mortgage, deed of trust, or option to purchase the property.

i. building location, density, massing, height, and anticipated use;

ii. locations of open spaces and preliminary stormwater management
strategy;
iii. pedestrian, bicycle, and vehicular circulation, parking, and loading;
iv. any binding element on the application. An applicant who proposes a
binding element must submit an unexecuted covenant suitable for filing in the land records reflecting any restriction on the development
standards, development program, or use that will be applicable to
the property if the District Council approves the application; and
v. the following additional information:
(a) current and proposed zone;
(b) existing site conditions and vicinity;
(c) existing or approved adjacent land uses, buildings, and rights-ofway;
(d) a Traffic Study under the Planning Boards LATR Guidelines if the
incremental increase in vehicular peak-hour trips between the
density of the base zoning and the density of the requested floating zone meets the minimum applicability requirement in the
LATR Guidelines; and
(e) general phasing of structures, uses, rights-of-way, sidewalks,
dedications, and future preliminary and site plan applications.
f. For a Euclidean zone application, exhibits showing:

c. A statement disclosing political contributions to the treasurer or political

committee of any candidate for County Council and County Executive or
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i. the subject property and the proposed neighborhood, identifying

uses and zoning; and
ii. an explanation of the changes that have occurred in the neighborhood since the original zoning or previous comprehensive rezoning,
or evidence of the alleged mistake made by the District Council in
the previous Sectional or District Map Amendment, in support of the
requested Euclidean zone.
3. The applicant must submit an initial application to the Planning Director for approval of completeness. The Planning Director must review the
application for completeness within 10 days after receipt. An application is
incomplete if any required element is missing or is facially defective, e.g.,
a drawing that is not to scale or lacks proper signatures. The assessment of
completeness must not address the merits of the application.
4. The applicant must submit any required revisions to the Planning Director.
The Planning Director must review the revised application for completeness
within 10 days after receipt.
5. After the Planning Director verifies that the application is complete, the
applicant must file the final application with the Hearing Examiner, who will
accept the application and establish a hearing date under Section 7.2.1.C.
6. Public notice is required under Division 7.5.
7. New public notice must be provided for any modification to an application
requesting an increase in the area proposed to be reclassified or requesting a
change to the zoning classification.
8. The Hearing Examiner must make applications available for public inspection
during regular office hours.

C. Hearing Date
1. The Hearing Examiner must schedule a public hearing to begin on a Local
Map Amendment application within 120 days after the application was accepted.
2. The Hearing Examiner may postpone the public hearing if done a minimum
of 10 days before the scheduled date unless extraordinary circumstances

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make such notice impossible, and must provide notice of the new hearing
date.
3. The Hearing Examiner may issue a subpoena to compel the attendance of
witnesses and production of documents at any public hearing and administer
an oath to any witness.

D. Review and Recommendation

1. Planning Director Review
The Planning Director must publish a report and recommendation a minimum of 10 days before the Planning Board public meeting.

2. Planning Board Review

a. The Planning Board must hold a public meeting on the application.
b. The Planning Board must provide a recommendation on the application
to the Hearing Examiner a minimum of 7 days before the Hearing Examiners public hearing.

3. Hearing Examiner Review

a. The Hearing Examiner must forward a report and recommendation to
the District Council within 45 days after the close of the record of the
public hearing. The Hearing Examiner must also make the report available to the applicant and public.
b. The Hearing Examiner may extend the time to forward the report and
recommendation once by up to 45 days without the District Councils approval and again by up to 45 days with the District Councils approval.
c. Any party of record or aggrieved party may, within 10 days after the
Hearing Examiner issues a report and recommendation, file a written
request with the District Council to present oral argument.
i. Any party who submits a request for oral argument must send a copy
of the request to all parties of record.
ii. The request must concisely state the matters desired to be presented
at the oral argument. The District Council may grant or deny the
request. The District Council may, on its own motion, require oral

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argument on any aspect of the case. When oral argument is allowed,

the District Council must:

c. satisfy the intent, purposes, and standards of the proposed zone and
requirements of this Chapter;

(a) set the day and time for oral argument;

d. be compatible with existing and approved adjacent development;

(b) limit oral argument to specific topics;

e. generate traffic that does not exceed the critical lane volume or volume/
capacity ratio standard as applicable under the Planning Boards LATR
Guidelines, or, if traffic exceeds the applicable standard, that the applicant demonstrate an ability to mitigate such adverse impacts; and

(c) set time limits for oral argument; and

(d) specify the order of presentations.
iii. Each oral argument must be limited to matters contained in the
record compiled by the Hearing Examiner.
iv. After oral argument, the District Council must either decide the
application or remand the application to the Hearing Examiner for
clarification or taking additional evidence.
v. Any interested party may, within 5 days after a request for oral argument is filed with the District Council, file a written opposition to a
request for oral argument or request to participate in oral argument if
oral argument is allowed. The opposition must be concise and limited
to matters raised by the party who requested oral argument. Any
party who files an opposition or request to participate must send a
copy to all parties of record.

4. Withdrawal of Application
The Hearing Examiner may allow an applicant to withdraw an application for
a Local Map Amendment at any time before the Hearing Examiner issues the
report.

E. Necessary Findings
1. A Floating zone application that satisfies Article 59-5 may not be sufficient to
require approval of the application.
2. For a Floating zone application the District Council must find that the floating zone plan will:
a. substantially conform with the recommendations of the applicable master plan, general plan, and other applicable County plans;
b. further the public interest;

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f. when applying a non-Residential Floating zone to a property previously

under a Residential Detached zone, not adversely affect the character of
the surrounding neighborhood.
3. For a Euclidean zone application, the District Council must find:
a. a substantial change in the character of the neighborhood since the
original zoning or comprehensive rezoning, or that a mistake was made
by the District Council when it applied the existing zoning;
b. the requested zone is in the public interest; and
c. the requested zone is compatible with the surrounding area.

F. Decision
1. The District Council must make its decision to approve, deny, or remand the
application to the Hearing Examiner on the record.
2. Generally, an affirmative vote of 5 members of the District Council is required
to approve an application; however, an affirmative vote of 6 members of the
District Council is required to approve an application if:
a. approval would be contrary to the recommendation of the municipality
in which the property is located; or
b. the Planning Board does not recommend approval of the application.
If the required number of affirmative votes is not obtained, the application is
denied.
3. For a Floating zone:
a. Before the close of the administrative record the applicant must submit
to the Hearing Examiner an executed covenant that reflects any restric-

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tion on the development standards, development program, or use in the

approved floating zone plan.
b. The executed covenant must also state that the restricted development
standards, development program, or use remain in full effect until the
property is rezoned or the floating zone plan is amended and an amended covenant is executed and recorded.
c. The applicant must file the executed covenant in the land records of
Montgomery County within 10 days after approval of the application by
the District Council and submit certification of such filing to the Planning
Board with the site plan application. The Planning Board must not accept
a site plan application without this certification.
4. The District Council must issue a resolution and opinion reflecting its decision on the application within 60 days after the Hearing Examiner's transmittal to the District Council, unless such time is extended by the District
Council, or remand the application to the Hearing Examiner for further
consideration.
5. Any party aggrieved by a decision of the District Council may file a petition
for judicial review of the decision within 30 days after the District Council's
action under the Land Use Article.
6. The decision of the District Council on any application for a Local Map
Amendment is final, except that the District Council on its own motion
may, within 30 days, reconsider its decision on any application. A decision
to reconsider stays the time in which a party may file for petition for judicial
review.
7. After giving the applicant 30 days' notice, the Hearing Examiner may recommend that the District Council dismiss an application if:
a. the application has been pending for 2 years or longer; and
b. the applicant has not actively pursued the application.
The District Council may dismiss the application unless the applicant shows
good cause that the application should not be dismissed.

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G. Subsequent Actions
1. Filing of subsequent Local Map Amendment applications are limited as follows:
a. Filing a Local Map Amendment application is prohibited for land that was
in whole or in part the subject of a previous zoning application decided
on its merits within the last 18 months.
b. Filing a Local Map Amendment application is prohibited for land that was
in whole or in part the subject of a previous zoning application for the
same zoning classification filed within the last 36 months and decided on
its merits.
c. The time limitations in Section 7.2.1.G.1.a and Section 7.2.1.G.1.b do
not apply when the previous application, which would bar the filing of a
new application, was filed by a governmental agency not at the owner's
request.
d. The District Council may waive the time limitations in Section 7.2.1.G.1.a
if an applicant submits a petition that shows substantial new facts that
would warrant reapplication.
2. All development in a Floating zone requires site plan approval under Section
7.3.4.

H. Recording Procedures
1. For a Local Map Amendment for a Floating zone:
a. If a floating zone plan includes a binding element, the applicant must file
an executed covenant reflecting the binding element in the land records
and provide certification of the filing to the Planning Board with any subsequent site plan application. The covenant must remain in effect until
the District Council rezones the property or removes the binding element
that the covenant reflects.
b. The applicant must provide the floating zone plan that satisfies the
District Councils resolution to the Hearing Examiner for certification in
a format approved by the Hearing Examiner, within 10 days after the
District Council issues its resolution.

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c. The Hearing Examiner must maintain the certified floating zone plan in
the Hearing Examiner's permanent files, and publish an electronic copy.
d. The District Council must send a copy of the resolution to the Planning
Board to update the zoning map. The District Council must also send a
copy of the resolution to the applicant, all parties of record, DPS, the
Supervisor of Assessments for Montgomery County, the Department of
Finance, the Department of Environmental Protection, and the Board of
Appeals.
2. For a Local Map Amendment for a Euclidean zone, the District Council
must send a copy of the resolution to the Planning Board to update the
zoning map. The District Council must also send a copy of the resolution to
the applicant, all parties of record, DPS, the Supervisor of Assessments for
Montgomery County, the Department of Finance, the Department of Environmental Protection, and the Board of Appeals.

I. Amendment to a Floating Zone Plan

There are 2 ways to amend a floating zone plan:
1. A major amendment to an approved floating zone plan follows the same
procedures as an original application. A major amendment includes any
request to increase density or height, add a previously disallowed use, decrease a setback, or make a change to any binding element of approval.
2. At site plan, the Planning Board may approve an amendment to an approved
floating zone plan that does not increase density or height, add a previously
disallowed use, decrease a setback, or change any binding element.

J. Compliance and Enforcement

1. Any individual or governmental agency may file a complaint alleging noncompliance with any binding element of an approved floating zone plan with
DPS. If the complaint is found to have reasonable cause, DPS must provide a
notice of noncompliance to the complaining party, the property owner, and
the Hearing Examiner.
2. Upon receipt of the notice of noncompliance, the Hearing Examiner must
schedule a show cause hearing to determine whether the property owner
has failed to comply with a binding element and whether any such failure

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merits sanctions including reversion to the previous zoning category. The

hearing will be conducted after providing the parties and the public with 30
days notice. The Hearing Examiner must provide the District Council with
a report and recommendation within 30 days after the close of the hearing
record. A hearing is not required if the complaint is withdrawn or the alleged
noncompliance is corrected to the satisfaction of DPS.
3. If the District Council finds, after consideration of the Hearing Examiner's
report and recommendation, that a party has failed to satisfy any binding element of an approved floating zone plan, it may adopt a resolution providing
appropriate sanctions including reversion to the previous zoning classification. Upon the property's reversion to the previous zoning classification, all
development standards of the previous zone apply. The reversion sanction
will not apply where the District Council finds substantial compliance with
the binding elements.

Section 7.2.2. Corrective Map Amendment

A. Applicability and Description
1. Correction of an administrative or technical error in a Sectional or District
Map Amendment requires approval of a Corrective Map Amendment.
2. A Corrective Map Amendment may cover one or more properties.
3. A Corrective Map Amendment is not a basis for determining change in the
character of the neighborhood.

B. Application Requirements
1. Only the Planning Board may file an application for a Corrective Map
Amendment with the District Council.
2. Public notice is required under Division 7.5.

C. Review and Recommendation

1. Planning Director Review
a. The Planning Director must publish a report and recommendation a
minimum of 7 days before the Planning Board meeting.
b. The Planning Directors report and recommendation must include:

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i. A description of the area of land proposed for rezoning;

ii. A map depicting the existing and proposed zoning for the area of
land; and
iii. A statement of reason for the zoning change.

2. Planning Board Review

a. The Planning Board may adopt the Planning Directors report and recommendation as a consent item on its agenda or hold a public meeting
to consider the recommendation.
b. The Planning Board must submit a recommendation on the application
to the District Council.

D. Necessary Findings
The Planning Board must show that there is an error or inaccurate depiction of
the zoning boundary line on an adopted map.

E. Decision
1. The District Council must conduct a public hearing and make its decision
on the record to approve, deny, or remand the application to the Planning
Board for further consideration.
2. An affirmative vote of 5 members of the District Council is required to approve a Corrective Map Amendment. If the required number of affirmative
votes is not obtained, the application is denied.
3. The District Council must issue a resolution and opinion on the application
within 60 days after the close of record, unless such time is extended by the
District Council, or remand the application to the Planning Board for further
consideration.
4. Any party aggrieved by a decision of the District Council may file a petition
for judicial review of the decision within 30 days after the District Council's
action under the Land Use Article.
5. A public hearing may be adjourned, continued, suspended, deferred, or
postponed either to a time certain or for a reasonable period of time by the
District Council on public announcement. The District Council, on its own or
at the suggestion of the Planning Board, may determine that some or all of

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the proposed adjustments should be considered comprehensively as part of

a future master plan review and therefore dismiss the application.

F. Recording Procedures
1. The Planning Board must maintain the District Councils resolution on the
Corrective Map Amendment in its permanent files.
2. The District Council must send a copy of the resolution and opinion to the
Planning Board to update the zoning map and all property owners included
in the application.

Section 7.2.3. Sectional and District Map Amendment

A. Applicability and Description
1. A Sectional Map Amendment rezones or confirms the zoning of a substantial
area of the County.
2. A District Map Amendment rezones or confirms the zoning of the entire
County.

B. Application Requirements
1. Only the Planning Board or District Council may apply for a Sectional or
District Map Amendment.
2. For a Sectional Map Amendment, the applicant must submit the following
for review:
a. The designation or description of the area sufficient to identify:
i. the zone boundaries and existing and proposed zoning;
ii. all roads, streets, alleys, public parks or other areas in public ownership or on public rights-of-way, and all streams and railroad rights-ofway within the area covered by the map, and the names thereof.
b. A map or map series of the area prepared by a civil engineer, surveyor,
or the Planning Board, and certified to be correct and satisfying Section
7.2.3.
c. A digital copy of the map indicating the existing zoning and the proposed
zoning.

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d. A statement of the reasons for the proposed zoning changes or adjustments. The application must include the total acres in the application,
the acres proposed for rezoning, and the acres proposed for reconfirmation of existing zoning.
3. The District Council, or its designee, accepts the application for a Sectional
or District Map Amendment. If the Planning Board is not the applicant the
District Council must forward the application to the Planning Board within 5
days after acceptance for filing.
4. Public notice is required under Division 7.5.

C. Review and Recommendation

1. Planning Director Review
a. The Planning Director must publish a report and recommendation a
minimum of 10 days before the Planning Board public meeting.
b. The Planning Directors report and recommendation must include:
i. A description of the area proposed for rezoning; and
ii. Maps depicting the proposed zoning.

2. Planning Board Review

a. The Planning Board may consider the Planning Directors report and recommendation as a consent item on its agenda or hold a public meeting
to consider the recommendation.
b. The Planning Board must submit a recommendation on the application
to the District Council.

D. Decision
1. The District Council must conduct a public hearing and make its decision to
approve with or without modification, deny, or remand the application to the
Planning Board for additional analysis.
2. Generally, an affirmative vote of 5 members of the District Council is required to approve an application; however, an affirmative vote of 6 members
of the District Council is required to approve an application if:

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a. approval would be contrary to the recommendation of the municipality

in which the property is located; or
b. the Planning Board does not recommend approval of the application.
3. The District Council must issue a resolution and opinion reflecting its decision on the application within 60 days after the close of record, unless the
time is extended by the District Council.
4. The decision of the District Council on any application for a Sectional or
District Map Amendment is final except that the District Council on its own
motion may, within 30 days, reconsider its decision on any application.

E. Recording Procedures
1. The Planning Board must maintain the District Councils resolution on the
Sectional or District Map Amendment in its permanent files.
2. The District Council must send a copy of the resolution to the Planning Board
to update the zoning map. The District Council must also send a copy of the
resolution to all parties of record, DPS, the Supervisor of Assessments for
Montgomery County, the Department of Finance, the Department of Environmental Protection, and the Board of Appeals.

Section 7.2.4. Zoning Text Amendment

A. Applicability and Description
A change in the text of this Chapter requires approval of a Zoning Text Amendment.

B. Application Requirements
1. Any individual or government agency may request the District Council or an
individual District Council member to sponsor a Zoning Text Amendment.
2. Only the District Council may introduce a Zoning Text Amendment.
3. The District Council must send the Zoning Text Amendment to the Planning
Director, the County Executive, the Board of Appeals, and the Hearing Examiner and notify them of the District Council's public hearing date.
4. Public notice is required under Division 7.5.

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C. Review and Recommendation

1. Planning Director Review

so unless the Zoning Text Amendment is again introduced and set for public
hearing.

The Planning Director must publish a report and recommendation a minimum of 7 days before the Planning Board public meeting. The report and
recommendation must be made available to the public.

2. Planning Board Review

a. The Planning Board may consider the Planning Directors report and recommendation as a consent item on its agenda or hold a public meeting
to consider the recommendation.
b. The Planning Board must submit a recommendation on the application
to the District Council before the District Council Hearing. The recommendation must also be made available to the public.

3. Other Agency Review

The County Executive, the Board of Appeals, or the Hearing Examiner may
submit and make publicly available any recommendation on a Zoning Text
Amendment to the District Council.

D. Decision
1. The District Council must hold a public hearing within 60 days after introduction, unless the District Council extends the hearing date. A quorum of the
District Council is not required to conduct a public hearing on a Zoning Text
Amendment.
2. A minimum of 5 members of the District Council must vote in the affirmative
to adopt a Zoning Text Amendment.
3. Any District Council member who was not present at the hearing must
review the record and sign a statement that he or she reviewed the record
before voting on the amendment.
4. A Zoning Text Amendment takes effect 20 days after the District Council
adopts it, unless the resolution adopting it specifies a different date.
5. If the District Council does not act on a Zoning Text Amendment within the
earlier of 2 years of the date of its public hearing or expiration of the term of
office of the District Council that conducted the public hearing, it may not do
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Division 7.3. Regulatory Approvals

Section 7.3.1. Conditional Use

g. Traffic Statement or Study, accepted for review by the Planning Director;

A. Applicability and Description

h. map showing existing buildings, structures, circulation routes, significant

natural features, historic resources, zoning, and legal descriptions on the
proposed development site and within 500 feet of the perimeter boundary;

1. Use of any property for a conditional use under Article 59-3 requires approval
of a conditional use application.
2. A conditional use application may include all or part of a property.
3. A conditional use application must satisfy the conditions and binding elements of, and be consistent with, any effective previous approvals on the
subject property.
4. An area covered by a conditional use approval requires a site plan only if:
a. the area is included in a sketch plan; or
b. the use standards in Article 59-3 require it.

B. Application Requirements
1. Ownership:
a. An applicant must own the subject property or be authorized by the
owner to file the application.
b. If any land or right-of-way is owned or controlled by the State, County,
or any other entity or agency, written authorization from that entity or
agency must be submitted with the application.
2. The applicant must submit the following for review:
a. application form and fees as approved by the District Council;
b. proof of ownership or authorization;
c. statement of how the proposed development satisfies the criteria to
grant the application;
d. certified copy of official zoning vicinity map showing the area within at
least 1,000 feet surrounding the subject property;
e. list of abutting and confronting property owners in the County tax
records;

i. existing and proposed dry and wet utility plan if changes to these facilities are proposed;
j. written description of operational features of the proposed use;
k. if exterior changes are proposed, plans of the proposed development
showing:
i. footprints, ground-floor layout, and heights of all buildings and
structures;
ii. required open spaces and recreational amenities;
iii. layout of all sidewalks, trails, paths, roadways, parking, loading, and
bicycle storage areas;
iv. rough grading;
v. landscaping and lighting;
vi. approved Natural Resources Inventory/Forest Stand Delineation, if
required under Chapter 22A;
vii. Forest Conservation Plan application, if required under Chapter 22A,
or an approved preliminary forest conservation plan; telecommunication tower applications must include an approved Forest Conservation Plan or a letter from the Planning Department confirming that a
Forest Conservation Plan is not required under Chapter 22A;
viii. Stormwater Management Concept or Water Quality Plan application,
if required under Chapter 19 ; and
ix. supplementary documentation showing or describing how the application satisfies previous approvals and applicable requirements.

f. list of any civic and homeowners associations within 1/2 mile;

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l. development program and inspection schedule detailing any construction phasing for the project; and
m. for a telecommunication tower application, photographic simulations
of the tower and site seen from areas with a direct view of the tower,
including a minimum of at least 3 directions.
3. The applicant must submit an initial application to the Planning Director for approval of completeness. The Planning Director must review the
application for completeness within 10 days after receipt. An application is
incomplete if any required element is missing or is facially defective, e.g.,
a drawing that is not to scale or lacks proper signatures. The assessment of
completeness must not address the merits of the application.
4. The applicant must submit any required revisions to the Planning Director.
The Planning Director must review the revised application for completeness
within 10 days after receipt.
5. After the Planning Director verifies that the application is complete, the
applicant must file the final application with the Hearing Examiner, who will
accept the application and establish a hearing date under Section 7.3.1.C.
6. Public notice is required under Division 7.5.

C. Hearing Date
1. The Hearing Examiner must schedule a public hearing to begin within 120
days after the date an application was accepted.
2. The Hearing Examiner may postpone the public hearing and must send
notice to all parties of record of the new hearing date.
3. The Hearing Examiner may issue a subpoena to compel the attendance of
witnesses at a public hearing and production of documents and administer
an oath to any witness.

D. Review and Recommendation

1. Planning Director Review
a. The Planning Director may provide a report and recommendation for
review by the Planning Board at a public meeting or issue a report and
recommendation directly to the Hearing Examiner. The Planning Direc-

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tor must provide a report and recommendation on a telecommunication

tower application directly to the Hearing Examiner.
b. If the Planning Director provides a report and recommendation to the
Planning Board, the Planning Director must publish the report and recommendation a minimum of 10 days before the Planning Board public
meeting.
c. If the Planning Director provides a report and recommendation to the
Hearing Examiner, the Planning Director must publish the report and
recommendation a minimum of 10 days before the Hearing Examiner's
public hearing.

2. Planning Board Review

a. The Planning Board may consider the Planning Directors report and recommendation as a consent item on its agenda or hold a public meeting
to consider the recommendation.
b. The Planning Board must provide a recommendation on the application
to the Hearing Examiner a minimum of 7 days before the Hearing Examiners public hearing.

3. Amendment of an Application
a. An applicant may amend the application before the hearing if the Hearing Examiner approves a motion to amend after giving 10 days' notice
to all parties entitled to original notice of filing. If an amendment would
materially alter an applicants proposal or evidence, the Hearing Examiner may postpone the hearing to a date that permits all interested parties
adequate time to review the amendment.
b. The applicant must forward a copy of any proposed amendment to the
Planning Board. The Hearing Examiner must keep the record open for
no more than 30 days to provide an opportunity for the Planning Board
or its staff to comment. Within that time, the Planning Board or its staff
must comment on the amendment or state that no additional review and
comment are necessary.

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4. Withdrawal of an Application
The Hearing Examiner or the Hearing Examiner's designee must send a
notice to all parties entitled to notice of the hearing when an applicant withdraws an application for a conditional use.

E. Necessary Findings
1. To approve a conditional use application, the Hearing Examiner must find
that the proposed development:
a. satisfies any applicable previous approval on the subject site or, if not,
that the previous approval must be amended;
b. satisfies the requirements of the zone, use standards under Article 59-3,
and applicable general requirements under Article 59-6;
c. substantially conforms with the recommendations of the applicable
master plan;
d. is harmonious with and will not alter the character of the surrounding
neighborhood in a manner inconsistent with the plan;
e. will not, when evaluated in conjunction with existing and approved conditional uses in any neighboring Residential Detached zone, increase the
number, intensity, or scope of conditional uses sufficiently to affect the
area adversely or alter the predominantly residential nature of the area; a
conditional use application that substantially conforms with the recommendations of a master plan does not alter the nature of an area;
f. will be served by adequate public services and facilities including schools,
police and fire protection, water, sanitary sewer, public roads, storm
drainage, and other public facilities. If an approved adequate public facilities test is currently valid and the impact of the conditional use is equal
to or less than what was approved, a new adequate public facilities test is
not required. If an adequate public facilities test is required and:
i. if a preliminary subdivision plan is not filed concurrently or required
subsequently, the Hearing Examiner must find that the proposed
development will be served by adequate public services and facilities,
including schools, police and fire protection, water, sanitary sewer,
public roads, and storm drainage; or

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ii. if a preliminary subdivision plan is filed concurrently or required

subsequently, the Planning Board must find that the proposed development will be served by adequate public services and facilities,
including schools, police and fire protection, water, sanitary sewer,
public roads, and storm drainage; and
g. will not cause undue harm to the neighborhood as a result of a noninherent adverse effect alone or the combination of an inherent and a
non-inherent adverse effect in any of the following categories:
i. the use, peaceful enjoyment, economic value or development potential of abutting and confronting properties or the general neighborhood;
ii. traffic, noise, odors, dust, illumination, or a lack of parking; or
iii. the health, safety, or welfare of neighboring residents, visitors, or
employees.
2. Any structure to be constructed, reconstructed, or altered under a conditional use in a Residential Detached zone must be compatible with the character
of the residential neighborhood.
3. The fact that a proposed use satisfies all specific requirements to approve
a conditional use does not create a presumption that the use is compatible
with nearby properties and, in itself, is not sufficient to require conditional
use approval.
4. In evaluating the compatibility of an agricultural conditional use with surrounding Agricultural or Rural Residential zoned land, the Hearing Examiner
must consider that the impact does not necessarily need to be controlled as
stringently as if it were abutting a Residential zone.
5. The following conditional uses may only be approved when the Hearing
Examiner finds from a preponderance of the evidence of record that a need
exists for the proposed use to serve the population in the general neighborhood, considering the present availability of identical or similar uses to that
neighborhood:
a. Filling Station;
b. Light Vehicle Sales and Rental (Outdoor);

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c. Swimming Pool (Community); and

d. the following Recreation and Entertainment Facility use: swimming pool,
commercial.
6. The following conditional uses may only be approved when the Hearing
Examiner finds from a preponderance of the evidence of record that a need
exists for the proposed use due to an insufficient number of similar uses
presently serving existing population concentrations in the County, and the
uses at the location proposed will not result in a multiplicity or saturation of
similar uses in the same general neighborhood:
a. Funeral Home; Undertaker;
b. Hotel, Motel;
c. Shooting Range (Outdoor);
d. Drive-Thru
e. Landfill, Incinerator, or Transfer Station; and
f. a Public Use Helipad, Heliport or a Public Use Helistop.

F. Decision
1. Hearing Examiner
a. The Hearing Examiner must issue a report and decision no later than 30
days after the close of the record of the public hearing. The decision may
recommend that the application be approved, approved with conditions,
or denied. The Hearing Examiner may supplement the specific requirements of this Chapter with any other requirements necessary to protect
nearby properties and the general neighborhood. The Hearing Examiner
may by order extend the time to issue the report and decision.
b. The Hearing Examiner must notify the Board of Appeals, the applicant,
and all parties who participated in the hearing that the report and decision are complete and available for review. If a timely request for oral argument is not received under Section 7.3.1.F.1.c, the Hearing Examiners
report and decision becomes the final decision.
c. Any party of record or aggrieved party may, no later than 10 days after
the transmittal of notification that the Hearing Examiner's report and
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decision are available for review, file a written request to present oral
argument before the Board of Appeals. The filing of such a request transfers jurisdiction over the matter from the Hearing Examiner to the Board
of Appeals.
i. A written request for oral argument must be filed with the Board of
Appeals and the Hearing Examiner, and must concisely identify the
matters to be presented at the oral argument.
ii. Any party of record or aggrieved party may, no later than 5 days after
a request for oral argument is filed, file a written opposition or request to participate in oral argument. An opposition to a request for
oral argument must be sent to the Board of Appeals and all parties as
listed by the Hearing Examiner, and must be concise and limited to
matters raised by the party who requested oral argument.
iii. The Board of Appeals may, in its discretion, grant or deny an oral
argument request. If the Board of Appeals grants a request for oral
argument, the argument must be limited to matters contained in the
record compiled by the Hearing Examiner.
iv. Regardless of whether the Board of Appeals has elected to hear
oral argument, the Board of Appeals must, under Section 7.3.1.F.2,
approve or deny the conditional use application or remand it to the
Hearing Examiner for clarification or the taking of additional evidence, if appropriate.

2. Board of Appeals
a. If the Board of Appeals is deciding the application, it must make the
necessary findings under Section 7.3.1.E and must:
i. vote in public session to approve, approve with conditions, or deny
the application, or to remand the application to the Hearing Examiner for additional evidence or clarification. An affirmative vote of 4
members of the Board of Appeals is required to approve a conditional
use when 5 members are present, otherwise an affirmative vote of
3 members is required. Any Board of Appeals member who votes on
a conditional use and was not present for any portion of the hearing

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must read and sign the transcript of that portion of the testimony
and must review all exhibits introduced at the hearing; and
ii. issue a resolution reflecting the Board of Appeals decision no later
than 30 days after voting on the matter, unless such time is extended
by the Board of Appeals.
b. All matters decided under Section 7.3.1.F.2 must be decided on the basis
of the evidence or record, but the Board of Appeals may decide any
matter heard by the Hearing Examiner and presented to the Board of
Appeals for decision solely on the basis of the Hearing Examiner's report
and decision.
c. The Board of Appeals may supplement the specific requirements of this
Chapter with any other requirements necessary to protect nearby properties and the general neighborhood.

G. Appeal
Any party aggrieved by a decision of the Board of Appeals may, within 30 days
after the Board of Appeals' action, file a petition for judicial review of the decision under the Land Use Article (Section 22-403).

H. Subsequent Actions
1. If the conditional use application is denied, a new application proposing
substantially the same development for the same property may not be filed
within 18 months after a final decision, unless the Hearing Examiner finds
that the applicant provides material new facts that warrant reapplication.

3. Permits Exempt from Conformance to Approved Conditional Uses

a. On any property with an approved conditional use, DPS may, without a
finding of conformance to the approved conditional use, issue a sediment control permit or building permit to:
i. construct an accessibility improvement;
ii. repair an existing structure without changing its height or footprint;
or
iii. replace an existing structure to no more than the same footprint and
height approved.
b. DPS must submit a copy of any permit issued under Section 7.3.1.H.3
to the Hearing Examiner and the Board of Appeals for inclusion in the
record of the conditional use.
c. Any modification or improvement allowed under Section 7.3.1.H.3 does
not require an amendment to the conditional use application.

I. Duration of Approval
1. A conditional use that is not established or has not obtained a building
permit within 24 months from the date of the issuance of the decision or
resolution expires, unless a longer period is established by the decision or
resolution.

a. until the Hearing Examiner or Board of Appeals approves a conditional

use; and

2. The Board of Appeals or the Hearing Examiner may extend the time limit for
a conditional use to be established or obtain a building permit if the evidence
of record establishes that drawing of architectural plans, preparation of the
land, or other factors involved in the particular use will delay the start of
construction or the establishment of the use beyond the period of validity.
An individual extension must not exceed 12 months. If the Board of Appeals
or the Hearing Examiner grants an extension, it must set a date by which the
erection or alteration of the building must begin or the use must be established.

b. unless any building, structure, or improvement satisfies the approved

conditional use.

3. Development activities under Section 7.3.1 must satisfy the approved conditional use and any conditions, including operational restrictions.

2. Conforming Permits
DPS must not issue a sediment control permit, building permit, or use-andoccupancy permit for any building, structure, or improvement associated
with a conditional use

4. The conditional use holder must notify the Board of Appeals or the Hearing

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Examiner of any change in land ownership or change in circumstances or

conditions affecting the conditional use.

J. Recording Procedures
1. The Hearing Examiner or the Board of Appeals must maintain in their permanent files any conditional use application that they approve along with
any written decision.
2. A copy or notice of the decision of the Board of Appeals or Hearing Examiner
on each conditional use application must be sent to the applicant, the Board
of Appeals or Hearing Examiner, as appropriate, the Planning Board, DPS,
the Department of Finance, all parties entitled to notice of filing, and any
other parties of record.
3. The Planning Director must indicate the decision on the official zoning map
by use of an appropriate code number or symbol.

K. Amendments
1. Major Amendment
a. A major amendment to a conditional use is one that changes the nature,
character, or intensity of the conditional use to an extent that substantial
adverse effects on the surrounding neighborhood could reasonably be
expected, when considered in combination with the underlying conditional use.
b. A major amendment to a conditional use follows the same procedures,
must meet the same criteria, and must satisfy the same requirements as
the original conditional use application, except that,
i. The public hearing must be limited to consideration of the proposed
modifications specified in the notice of public hearing and to those
aspects of the conditional use that are directly related to those proposals; and
ii. The Hearing Examiner or the Board of Appeals, as applicable, may
require the underlying conditional use to satisfy the conditional use
requirements of the applicable zone, to the extent necessary to avoid
substantial adverse effects on the surrounding neighborhood.

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2. Minor Amendment
a. A minor amendment to a conditional use may be approved administratively by the Hearing Examiner or Board of Appeals, as applicable,
depending on which entity approved the conditional use. A minor
amendment to a conditional use is one that does not change the nature,
character, or intensity of the conditional use to an extent that substantial
adverse effects on the surrounding neighborhood could reasonably be
expected, when considered in combination with the underlying conditional use.
b. When a minor amendment is granted, the Board of Appeals or Hearing
Examiner must send a copy of the resolution to the applicant, the Board
of Appeals or Hearing Examiner, as appropriate, the Planning Board,
DPS, the Department of Finance, all parties entitled to notice at the time
of the original filing, and current abutting and confronting property owners. The resolution must state that any party may, within 15 days after
the resolution is sent, request a public hearing on the Board of Appeals'
or Hearing Examiner's action. The request for public hearing must be in
writing, and must specify the reason for the request and the nature of
the objection or relief desired. If a request for a hearing is received, the
deciding body must suspend its administrative amendment and conduct a public hearing to consider whether the amendment substantially
changes the nature, character, or intensity of the conditional use or its
effect on the immediate neighborhood. If the Board of Appeals or Hearing Examiner determines that such impacts are likely, then the amendment application must be treated as a major amendment application. A
decision of the Hearing Examiner may be appealed on the basis of the
Hearing Examiner's record to the Board of Appeals.

L. Compliance and Enforcement

1. DPS and the Board of Appeals must establish a regular inspection program
for conditional uses. DPS must perform the inspections according to the
established schedule, and must perform additional inspections if DPS, the
Board of Appeals, or the Hearing Examiner receive a complaint alleging
failure to satisfy the terms or conditions of a conditional use. If a complaint

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is filed, DPS must inspect the premises of the conditional use within 21 days
after receiving the complaint, or more promptly if requested by the Board of
Appeals or the Hearing Examiner, to determine the validity of the complaint.
2. If the inspection finds a violation of the terms or conditions of the conditional use, DPS must direct the conditional use holder to correct the violation. When the time to correct the violation expires, DPS must reinspect the
premises. If the violation has not been corrected, DPS must file a report with
the Board of Appeals or the Hearing Examiner describing the nature of the
violation, the corrective action ordered by DPS, and the time allowed to correct the violation.
3. If DPS finds that no violation exists, it must report to the Hearing Examiner
or Board of Appeals that the conditional use satisfies the terms and conditions of the conditional use approval.
4. If the Board of Appeals or the Hearing Examiner receives a written notice
from DPS that the conditional use holder is violating the terms or conditions
of a conditional use or the terms, conditions, or restrictions attached to the
grant of any permit issued under the conditional use approval, the Board of
Appeals or the Hearing Examiner must order the conditional use holder and
the property owner to appear before the Board of Appeals or the Hearing
Examiner to show cause why the conditional use should not be revoked.
5. The notice of a show cause hearing must be issued to the conditional use
holder and the property owner by certified mail, return receipt requested.
Notification must also be sent to DPS, and to any party who submitted a
written complaint concerning the conditional use, and must:
a. include the nature of the alleged violations;
b. state that the hearing is limited to a consideration and a determination
of the validity of the allegations; and
c. advise the conditional use holder and the property owner that failure
to attend and participate in the hearing may result in revocation of the
conditional use.
6. The Board of Appeals or the Hearing Examiner must conduct a show cause
hearing limited to consideration of the issues identified in the notice of hearing. The Board of Appeals or the Hearing Examiner may reaffirm or revoke
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the conditional use or amend, add to, delete or modify the existing terms
or conditions. The Board of Appeals or the Hearing Examiner must make
a determination on the issues presented within 15 days after the close of
record. The decision of the Board of Appeals or the Hearing Examiner must
be by the adoption of a written resolution and copies of the resolution must
be transmitted to the conditional use holder, the property owner, DPS, the
Planning Director, and other relevant parties.
7. If DPS finds that a conditional use has been abandoned, DPS must forward
written notice of its findings to the last recorded holder of the conditional
use and to the property owner. The conditional use holder and property
owner, within 60 days after the date of sending notice, must submit a written statement confirming the abandonment or challenging it and requesting
that the use be continued.
a. If the conditional use holder and the property owner acknowledge that
the conditional use has been abandoned, DPS must notify the Board of
Appeals or the Hearing Examiner, as appropriate. The Board of Appeals
or Hearing Examiner must adopt and issue a written resolution finding
the conditional use to have been abandoned and ordering it revoked.
b. If either the conditional use holder or the property owner challenges the
abandonment and requests that the conditional use be continued, DPS
must notify the Board of Appeals or the Hearing Examiner, as appropriate, and the Board of Appeals or Hearing Examiner must convene a
public show cause hearing to determine whether or not the conditional
use was abandoned and whether it should be revoked.
c. If neither the conditional use holder nor the property owner responds,
DPS must notify the Board of Appeals or Hearing Examiner of its findings, and the Board of Appeals or Hearing Examiner, as appropriate must
issue to the conditional use holder and the property owner an order to
appear before them to show cause why the conditional use should not be
revoked.
d. If neither the conditional use holder nor the property owner appears before the Board of Appeals or Hearing Examiner, as appropriate, to show

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cause why the conditional use should not be revoked, the deciding body
must revoke the conditional use approval.
8. The Planning Director must note the revocation of any conditional use in the
official zoning maps.

Section 7.3.2. Variance

A. Applicability and Description
The Board of Appeals may grant a variance from any requirement of this Chapter.

B. Application Requirements
1. A property owner or another party authorized by the property owner may
file a variance application with the Board of Appeals.
2. The applicant must submit the following for review:
a. application form and fees required by the Board of Appeals;
b. documentation of interest in the proposed development site under Section 7.3.2.B.1;
c. statement of justification outlining how the proposed development satisfies the criteria for approving the application;
d. survey plat or scaled drawing showing boundaries, frontage, and topography;
e. certified copy of official zoning vicinity map showing the area within at
least 1,000 feet surrounding the subject property;
f. list of abutting and confronting property owners in the County tax
records;
g. list of any civic and homeowners associations within 1/2 mile;
h. scale plans, illustrations, sections, elevations, or specifications showing
all existing and proposed buildings and structures; and
i. supplementary documentation to be introduced in support of the application.
3. Public notice is required under Division 7.5.

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C. Hearing Date
The Board of Appeals must schedule a public hearing to begin no later within 60
days after the application was accepted, except that the hearing date may be
extended to 120 days from acceptance if the Board of Appeals requests advice
from the Planning Director, Planning Board, or the Hearing Examiner.

D. Review and Recommendation

1. The Board of Appeals may request review by the Planning Director, Planning
Board, or Hearing Examiner.
2. If the Board of Appeals requests review by the Planning Director, Planning
Board, or Hearing Examiner the review follows the same procedure as a
conditional use application.
3. When an error committed or discovered during the course of construction
on a site where a property owner holds a valid building permit to construct a
detached house or townhouse building type in a new residential subdivision
results in the violation of a required setback, and a variance would involve
less than 10% of the setback requirement, the Board of Appeals may hear
the application for the variance at the next regularly scheduled hearing if:
a. the property owner makes a written request to the Board of Appeals; and
b. the Board of Appeals members present make a unanimous vote to allow
the application.

4. Amendment of an Application
An applicant may amend the application before the hearing if the Board of
Appeals approves a motion to amend after giving 10 days' notice to all parties entitled to original notice of filing. If an amendment would alter materially an applicants proposal or evidence, the Board of Appeals may postpone
the hearing to a date that permits all interested parties adequate time to
review the amendment.

E. Necessary Findings
To approve a variance, the Board of Appeals must find that:
1. Denying the variance would result in no reasonable use of the property; or

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2. One or more of the following unusual or extraordinary situations or conditions exist:

a. exceptional narrowness, shallowness, shape, topographical conditions,
or other extraordinary conditions peculiar to a specific property;
b. the proposed development uses an existing legal nonconforming property or structure;
c. the proposed development contains environmentally sensitive features
or buffers;
d. the proposed development contains a historically significant property or
structure; or
e. the proposed development substantially conforms with the established
historic or traditional development pattern of a street or neighborhood.
3. The special circumstances or conditions are not the result of actions by the
applicant;
4. The requested variance is the minimum necessary to overcome the practical
difficulties that full compliance with this Chapter would impose due to the
unusual or extraordinary situations or conditions on the property;
5. The variance can be granted without substantial impairment to the intent
and integrity of the general plan and the applicable master plan; and
6. Granting the variance will not be adverse to the use and enjoyment of abutting properties.

F. Decision
1. The Board of Appeals must act by an affirmative vote of 3 members to
approve, approve with conditions, or deny the application within 30 days
after the close of the record of the public hearing. If the required number of
affirmative votes is not obtained, the application is denied.
2. Any party aggrieved by a decision of the Board of Appeals may file a petition
for judicial review of the decision within 30 days after the Board of Appeals
action to the Circuit Court and thereafter to the Court of Special Appeals. If
a decision on a variance is appealed to a court, this time limit runs from the
date of the final court order in the appeal.

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G. Duration of Approval
1. The applicant must submit an application for a building permit, site plan, or
conditional use within 12 months after the issuance of a variance.
2. After approval of a variance, the Board of Appeals may extend the time limit
to obtain a building permit or file an application for a site plan or conditional
use if the evidence of record establishes that drawing of architectural plans,
preparation of the land, or other factors involved in the particular use will
delay the start of construction or the establishment of the use beyond the
period of validity. If the Board of Appeals grants an extension, the Board of
Appeals must set a date by which the erection or alteration of the building
must be started or the use established.
3. Approval of a variance entitles the applicant or successor to obtain a building permit or file a site plan or conditional use application to the standard
granted by the variance.
4. The conditions approved by the Board of Appeals are binding upon the applicant, successors, and assigns.

H. Recording Procedures
The Board of Appeals must maintain any resolution concerning a variance in its
permanent files. The applicant for a variance must record an approved variance
in the land records within 30 days after approval.

Section 7.3.3. Sketch Plan

A. Applicability and Description
1. Development under optional method in the CRT, CR, EOF, or LSC zone
requires approval of a sketch plan.
2. A sketch plan describes a project at an early stage to provide the public
and the Planning Board the chance to review a proposed development for
general design, density, circulation, public benefits, and relationship to the
master plan before a developer is required to expend significant resources on
design and engineering.

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B. Application Requirements
1. An applicant must own the subject property or be authorized by the owner
to file the application.
2. If any land or right-of-way encompassed by a sketch plan application is
owned or controlled by the State, County, or any other private or public
entity, a written agreement or authorization from that entity or agency must
be submitted with the sketch plan application.
3. The applicant must submit the following for review:
a. application form and fees required by the Planning Director;
b. vicinity map at 1 = 200';
c. site map showing existing buildings, structures, circulation routes, significant natural features, historic resources, zoning, and legal descriptions
on the proposed development site and within 500 feet of the perimeter
boundary;
d. list of abutting and confronting property owners in the County tax
records;
e. list of any civic and homeowners associations within 1/2 mile;
f. documentation of interest in the proposed development site under Section 7.3.3.B.1 and Section 7.3.3.B.2;
g. statement of justification outlining how the proposed development satisfies the standards and criteria required to grant the application; and
h. illustrative plans showing:
i. building densities, massing, heights, and the anticipated mix of uses;
ii. locations of public use and other open spaces;
iii. pedestrian, bicycle, and vehicular circulation, parking, and loading;
iv. estimated range of peak hour trips; and
v. relationships between existing or proposed adjacent buildings and
rights-of-way;

j. a general phasing of structures, uses, rights-of-way, sidewalks, dedications, public benefits, and future preliminary and site plan applications;
and
k. fees set by the Planning Board.
4. The applicant must submit an initial application to the Planning Director for approval of completeness. The Planning Director must review the
application for completeness within 10 days after receipt. An application is
incomplete if any required element is missing or is facially defective, e.g.,
a drawing that is not to scale or lacks proper signatures. The assessment of
completeness must not address the merits of the application.
5. The applicant must submit any required revisions to the Planning Director.
The Planning Director must review the revised application for completeness
within 10 days after receipt.
6. After the Planning Director verifies that the application is complete, the
applicant must file the final application with the Planning Director, who will
accept the application and establish a hearing date under Section 7.3.3.C.
7. Public notice is required under Division 7.5.

C. Hearing Date
The Planning Board must schedule a public hearing to begin within 90 days after
the date an application was accepted. The Planning Director may postpone
the public hearing by up to 30 days once without Planning Board approval. The
Planning Director or applicant may request an extension beyond the original 30
days with Planning Board approval. Any extension of the public hearing must
be noticed by mail and on the hearing agenda with the new public hearing date
indicated.

D. Review and Recommendation

The Planning Director must publish a report and recommendation a minimum of
10 days before the Planning Board public hearing. The report and recommendation must be made available to the applicant and public.

i. a table of proposed public benefits and the incentive density points

requested for each;

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E. Necessary Findings
To approve a sketch plan the Planning Board must find that the following elements are appropriate in concept and appropriate for further detailed review at
site plan. The sketch plan must:
1. meet the objectives, general requirements, and standards of this Chapter;
2. substantially conform with the recommendations of the applicable master
plan;
3. satisfy any development plan or schematic development plan in effect on
October 29, 2014;
4. achieve compatible internal and external relationships between existing and
pending nearby development;
5. provide satisfactory general vehicular, pedestrian, and bicyclist access, circulation, parking, and loading;

G. Subsequent Actions
If a sketch plan is approved, a site plan under Section 7.3.4 must be submitted
within 36 months after date of the sending of the resolution, unless a longer
period is established by the resolution.

H. Recording Procedures
The Planning Board resolution must be maintained in the permanent files of the
Planning Department.

I. Amendments
During site plan review, the Planning Board may approve an amendment to any
binding element or condition of an approved sketch plan.
1. An amendment to a binding element or condition of an approved sketch
plan must be:
a. requested by the applicant;

6. propose an outline of public benefits that supports the requested incentive

density and is appropriate for the specific community; and

b. recommended by the Planning Board staff and agreed to by the applicant; or

7. establish a feasible and appropriate phasing plan for all structures, uses,
rights-of-way, sidewalks, dedications, public benefits, and future preliminary
and site plan applications.

c. made by the Planning Board, based on a staff recommendation or on its

own initiative, if the Planning Board finds that a change in material facts
and circumstances since sketch plan approval demonstrates that the
binding element or condition does not substantially conform with the
recommendations of the applicable master plan or does not satisfy this
Chapter.

F. Decision
The Planning Board must act within 30 days after the close of the record of
the public hearing by majority vote of those present at the public hearing to
approve; approve with modifications, conditions, or binding elements; or deny
the application. A binding element may include, but is not limited to, a restriction on use or building type that the zone would otherwise allow; a limit on a
development standard to less than the maximum allowed; a general development requirement beyond the minimum required; establishment of the public
benefits that must be provided; or establishing the general layout and massing
of buildings, open space, and circulation. A binding element binds the applicant,
and any successor or assign, unless lawfully amended.

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2. Notice of a site plan application must include any proposed amendment to a

binding element requested by the applicant. Notice of the site plan hearing
must include any proposed amendment to a binding element recommended
by Planning Board staff and agreed to by the applicant.
3. For any amendment to a binding element or condition, the Planning Board
must make the applicable sketch plan findings in addition to the findings
necessary to approve a site plan under Article 59-7.

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Section 7.3.4. Site Plan

A. Applicability and Description
1. Development under the optional method requires approval of a site plan
after approval of a sketch plan.
2. Development under a Floating zone requires approval of a site plan after approval of a floating zone plan.
3. Development under the standard method requires site plan approval as
indicated in the table in Section 7.3.4.A.8.
4. A site plan provides a detailed overview of the applicants development. Site
plan review will be used to determine if the proposed development satisfies
current laws, regulations, and this Chapter, and substantially conforms with
the recommendations of the applicable master plan and approved guidelines.
5. A site plan application may encompass all or any part of a property and must
demonstrate its relation to and coordination with other applicable approvals
or submittals.
6. Site plan applications must satisfy the conditions and binding elements
of and be consistent with any and all previous approvals that apply to the
subject property.
7. An area covered by a conditional use approval requires a site plan only if:
a. the area is included in a sketch plan; or
b. the use standards in Article 59-3 require it.

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8. A site plan is required under standard method development as follows:

Subject Propertys Zone

Agricultural, Rural Residential, or
Residential Detached

Proposed
Use

Any

No

Limited

Any

Any

Yes, if required for the use under Article 59-3; otherwise, site plan requirement follows the Permitted use
requirement for same zone in this table.

< 20 units and 40'

Any

No

20 units or > 40'

Any

Yes

< 20 units and 40'

Any

Yes, if required for the use under Article 59-3; otherwise, site plan requirement follows the Permitted use
requirement for same zone in this table.

20 units or > 40'

Any

Yes

< 10,000 SF and 40'

Any

No

10,000 SF or > 40'

Agricultural, Rural Residential,

Residential, or Residential Floating

Yes

All other zones

No

Any

Any

Yes, if required for the use under Article 59-3; otherwise, site plan requirement follows the Permitted use
requirement for same zone in this table.

Any

Agricultural, Rural Residential,

Residential, or Residential Floating

Yes

> 40'

Commercial/Residential, Employment, Commercial/Residential

Floating, or Employment Floating

Yes

Any

Industrial or Industrial Floating

No

Limited

Any

Any

Yes, if required for the use under Article 59-3; otherwise, site plan requirement follows the Permitted use
requirement for same zone in this table.

Any

Any

Any

If required by the applicable Overlay zone under

Article 59-4 or if required by the underlying zone.

Limited

Commercial/Residential or
Employment
Limited

Permitted
Industrial

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Site Plan Required

Any

Permitted

Overlay

Abutting or Confronting
Propertys Zone
(determined by base zone, not
Overlay zone)

Permitted

Permitted
Residential Townhouse or
Residential Multi-Unit

Proposed Intensity
(units, gross floor area in SF, or building
height in feet)

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B. Application Requirements
1. Ownership:
a. An applicant must own the subject property or be authorized by the
owner to file the application.
b. If any land or right-of-way encompassed by a site plan application is
owned or controlled by the State, County, or any other entity or agency,
a written agreement or authorization from that entity or agency must be
submitted with the site plan application.
2. The applicant must submit the following for review:
a. application form and fees required by the Planning Director;
b. vicinity map at 1 = 200;
c. site map showing existing buildings, structures, circulation routes, significant natural features, historic resources, zoning, and legal descriptions
on the proposed development site and within 500 feet of the perimeter
boundary;
d. list of abutting and confronting property owners in the County tax
records;
e. list of any civic and homeowners associations within 1/2 mile;
f. documentation of interest in the proposed development site under Section 7.3.4.B.1;
g. statement of justification outlining how the proposed development satisfies the standards and criteria required to grant the application;
h. verification that the applicant has posted notice on the property, notified
affected parties, and held a pre-submittal meeting with the public under
the Planning Department's Development Review Manual;
i. Traffic Statement or Study accepted by the Planning Director, if not submitted with a previous or concurrent application;
j. environmental documentation or exemption for:
i. an approved Natural Resources Inventory/Forest Stand Delineation;
ii. Stormwater Management Concept Application or, if required, a Water Quality Plan Application; and
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iii. a final Forest Conservation Plan application;

k. existing and proposed dry and wet utility plan;
l. plans of proposed development showing:
i. footprints, ground-floor layout, and heights of all building and structures;
ii. required open spaces and recreational amenities;
iii. detailed layout and dimensions for all sidewalks, trails, paths, roadways, parking, loading, and bicycle storage areas;
iv. grading;
v. landscaping and lighting; and
vi. documentation demonstrating how the application satisfies previous
approvals and applicable requirements.
m. a development program and inspection schedule detailing the construction phasing for the project;
n. if a sketch plan was approved for the property, a table of proposed public
benefits and the incentive density points approved for each; and
o. if common open space is required, a description of how the common use
and adequate maintenance of common open space will be assured.
3. The applicant must submit an initial application to the Planning Director for approval of completeness. The Planning Director must review the
application for completeness within 10 days after receipt. An application is
incomplete if any required element is missing or is facially defective, e.g.,
a drawing that is not to scale or lacks proper signatures. The assessment of
completeness must not address the merits of the application.
4. The applicant must submit any required revisions to the Planning Director.
The Planning Director must review the revised application for completeness
within 10 days after receipt.
5. After the Planning Director verifies that the application is complete, the
applicant must file the final application with the Planning Director, who will
accept the application and establish a hearing date under Section 7.3.4.C.
6. Public notice is required under Division 7.5.

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C. Hearing Date
The Planning Board must schedule a public hearing to begin within 120 days
after the date an application is accepted. The Planning Director may postpone
the public hearing by up to 30 days once without Planning Board approval. The
Planning Director or applicant may request an extension beyond the original 30
days with Planning Board approval. Any extension of the public hearing must
be noticed by mail and on the hearing agenda with the new public hearing date
indicated.

D. Review and Recommendation

1. State and County Agencies
a. Reviewing State and County agencies and utilities must submit initial
comments before the Development Review Committee meeting established under the Planning Department's Development Review Manual.
b. The applicant must submit revised drawings to address the comments a
minimum of 65 days before the date of the hearing. The Planning Director may extend the deadline if the applicant submits a written request
within 15 days after the revised drawings were due. If no written request
is received or an extension is not granted, the application is deemed
withdrawn.
c. State and County agencies and utilities must submit a final recommendation on the application a minimum of 45 days before the date of the
hearing.

2. Planning Director
The Planning Director must publish a report and recommendation a minimum of 10 days before the Planning Board hearing.

3. Withdrawal of an Application
The Planning Board must send a notice to all parties entitled to notice of the
hearing when an applicant withdraws an application for a site plan.

E. Necessary Findings
1. When reviewing an application, the findings of approval only apply to the
area encompassed by the application.

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2. To approve a site plan, the Planning Board must find that the proposed
development:
a. satisfies any previous approval that applies to the site, including any
development plan or schematic development plan in effect on October
29, 2014;
b. satisfies applicable use standards, development standards, and general
requirements under this Chapter;
c. satisfies the applicable requirements of:
i. Chapter 19, Erosion, Sediment Control, and Stormwater Management; and
ii. Chapter 22A, Forest Conservation.
d. provides safe, well-integrated parking, circulation patterns, building
massing and, where required, open spaces and site amenities;
e. substantially conforms with the recommendations of the applicable
master plan and any guidelines approved by the Planning Board that
implement the applicable plan;
f. will be served by adequate public services and facilities including schools,
police and fire protection, water, sanitary sewer, public roads, storm
drainage, and other public facilities. If an approved adequate public facilities test is currently valid and the impact of the development is equal to
or less than what was approved, a new adequate public facilities test is
not required. If an adequate public facilities test is required the Planning Board must find that the proposed development will be served by
adequate public services and facilities, including schools, police and fire
protection, water, sanitary sewer, public roads, and storm drainage;
g. on a property in a Rural Residential or Residential zone, is compatible
with the character of the residential neighborhood; and
h. on a property in all other zones, is compatible with existing and approved
or pending adjacent development.
3. To approve a site plan for a Restaurant with a Drive-Thru, the Planning Board
must also find that a need exists for the proposed use due to an insufficient
number of similar uses presently serving existing population concentrations
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in the County, and the uses at the location proposed will not result in a multiplicity or saturation of similar uses in the same general neighborhood.
4. For a property zoned C-1 or C-2 on October 29, 2014 that has not been
rezoned by Sectional Map Amendment or Local Map Amendment after
October 30, 2014, if the proposed development includes less gross floor area
for Retail/Service Establishment uses than the existing development, the
Planning Board must consider if the decrease in gross floor area will have an
adverse impact on the surrounding area.

F. Decision
1. The Planning Board must act within 30 days after the close of the record of
the public hearing by majority vote of those present at the public hearing to
approve, approve with modifications or conditions, or deny the application.
The Planning Board must issue a resolution reflecting its decision within this
30 day time period unless extended for up to an additional 30 days.
2. Any party aggrieved by a decision of the Planning Board may file a petition
for judicial review of the decision within 30 days after the Planning Board's
action to the Circuit Court and thereafter to the Court of Special Appeals.
3. The Planning Board may adopt regulations that allow an applicant to submit
engineered drawings after the Planning Board acts on an application. These
plans must be certified by the Planning Director to confirm that the drawings
reflect the Planning Board's approval.

G. Subsequent Actions
1. Conforming Permits
For any development requiring site plan approval, DPS must not issue a sediment control permit, building permit, or use-and-occupancy permit for any
building, structure, or improvement unless:
a. the Planning Board has approved a site plan;
b. a bond has been approved under Section 7.3.4.K.3; and
c. such building, structure, or improvement satisfies the certified site plan
and conditions of approval.

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2. Permits Exempt from Conformance to Approved Site Plans

a. On any property covered by an approved site plan, DPS may issue a sediment control permit or building permit without finding of conformance
to the approved site plan to:
i. construct a handicapped accessibility improvement;
ii. construct a bikeshare facility;
iii. install outdoor lighting with full cut-off fixtures;
iv. repair an existing structure to any extent allowed by the certified site
plan; or
v. replace an existing structure to no more than the same footprint and
height approved.
b. DPS must submit a copy of any building or site permit approved under
Section 7.3.4 to the Planning Director for inclusion in the record of the
site plan.
c. On a property where a site plan was approved, any owner or owners association may, without finding of conformance to the approved site plan,
change landscaping that was not required as a condition of approval for
screening or install a site element or construct a paved surface or structure that meets all applicable development standards under Article 59-4
and general requirements under Article 59-6 and does not conflict with
any conditions of approval.
d. Any change allowed under Section 7.3.4.G.2 does not require an amendment to the site plan.

H. Duration of Approval
1. A site plan expires unless a certified site plan, as defined and reviewed by
the Planning Director, is approved within 24 months after Planning Board
approval.
2. A site plan does not become effective until a record plat is recorded that
satisfies any approved subdivision plan for the subject property.
3. A development must satisfy the zoning in effect at the time a building permit
is issued as well as the requirements of a certified site plan.

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4. Development activities under Section 7.3.4 must satisfy the certified site
plan and any conditions of approval.

I. Recording Procedures
The certified site plan and Planning Board resolution must be maintained in the
permanent files of the Planning Department.

J. Amendments
1. A major amendment to an approved site plan must follow the same procedures, meet the same criteria, and satisfy the same requirements as the
original site plan, except as modified under Section 7.3.4.J.1.b.
a. A major amendment includes any request to increase density or height
or to make a change to any condition of approval.
b. The Planning Board may approve an uncontested major amendment
on its consent agenda if the Planning Director publishes a report and
recommendation on the amendment a minimum of 10 days before the
Planning Board meeting.
2. The Planning Director may approve a minor amendment to an approved
site plan. A minor amendment includes any change that does not increase
density or height; decrease a setback abutting a detached residential use; or
alter the intent, objectives, or requirements of the Planning Board in approving the site plan. A minor amendment may also be approved to reduce the
approved parking to satisfy Article 59-6.

a. impose a civil fine or administrative civil penalty authorized by Chapter

50 (Section 50-41);
b. suspend or revoke site plan approval;
c. order a compliance program that would permit the applicant to take corrective action to satisfy the certified site plan;
d. allow the applicant to propose modifications to the certified site plan; or
e. take any combination of these actions.
2. If the Planning Board suspends or revokes a site plan, DPS must immediately
suspend any applicable building permit under which construction has not
been completed, or withhold any applicable use-and-occupancy permit, until
the Planning Board reinstates the site plan or approves a new site plan for
the development.
3. The Planning Board may require the applicant to post a commercially acceptable form of surety securing compliance with and full implementation of
specified features of the certified site plan in an amount set by the Planning
Board. If such surety is required, DPS must not issue a building permit or
use-and-occupancy permit until such surety is accepted.

a. Public notice is required under Division 7.5.

b. A public hearing is required if an objection to the application is received
within 15 days after the notice of the filed application is sent. A public
hearing must be held under the same procedures as an original application. If an objection to the application is not received within the 15 days,
a public hearing is not required.

K. Compliance and Enforcement

1. If the Planning Board finds, after holding a public hearing or designating a
hearing officer to hold a public hearing, that a property under development
is not in compliance with a certified site plan, it may:

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Division 7.4. Administrative Approvals

Section 7.4.1. Building Permit
A. Applicability
1. A building permit is required before any building or structure can be erected,
moved, altered, or enlarged under Chapter 8.
2. A building permit is not required for:
a. Any building or structure used exclusively for agricultural purposes on
land used exclusively for agriculture, except for:
i. a building or structure used for a purpose that is not exclusively agricultural, including conditional uses, even though located on otherwise agricultural land; or
ii. an equestrian facility, building, or structure intended for use by participants or spectators at an equestrian event.
b. The following public utility equipment:
i. any structure and its attached cross arms carrying overhead electric power and energy transmission and distribution lines that carry
69,000 volts or less;
ii. equipment installed and maintained by a public utility under regulation by the State Public Service Commission; or
iii. poles or structures used for street lights, fire alarm boxes, traffic signals, or similar municipal equipment installed by the State or a local
municipality.

B. Application Requirements
For projects that do not require site plan approval or conditional use approval
and have more than 10 parking spaces, an application for building permit must
include a plan showing the location and design of entrances and exits to public
roads; the location and size of all buildings and structures; the location of parking spaces, directional markings, traffic-control devices and signs; and that it
satisfies Division 6.2.

C. Review and Recommendation

DPS must submit the application to the Planning Director for review for any
building permit that requests
1. construction of a new principal structure;
2. construction that increases the gross floor area of an existing commercial
structure; or
3. construction that increases the gross floor area of any residential structure
by more than 500 square feet.
The Planning Director must confirm in writing that the application satisfies this
Chapter.

D. Approval Process
DPS accepts the applications for all building permits.

E. Necessary Findings for a Site with a Conditional Use

For a site with a conditional use:
1. DPS may allow minor adjustments during construction that do not substantially alter the size, location, or external appearance of any approved building, structure, or use. DPS must immediately notify the deciding body of any
deviations from the approval of the deciding body.
2. Any change proposed during construction that would substantially alter the
location or external appearance of any approved building, structure, or use
requires an amendment under Article 59-7.

Section 7.4.2. Use-and-Occupancy and Temporary Use

Permits
A. Applicability
1. A use-and-occupancy permit is required before any building, structure, or
land can be used or can be converted, wholly or in part, from one use to
another.
2. Exemptions from use-and-occupancy permit requirement:

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a. land or buildings used exclusively for agricultural purposes;

Section 7.4.3. Sign Permit

b. a use for which a valid occupancy permit was issued and not revoked
before June 1, 1958;

A. Applicability

c. a Family Day Care (Up to 8 Persons); and

d. a Transitory Use.

B. Application Requirements
Each application for a use-and-occupancy permit must be accompanied by 2
copies of a plan drawn to scale showing:
1. the lot on which a use is proposed, lot dimensions, lot and block numbers
and subdivision name, if any;
2. the location, extent, and layout for the proposed use and any other pertinent
information; and
3. north point, date and scale of plan.

C. Approval Process
DPS accepts the application for all use-and-occupancy and temporary use permits.

D. Necessary Findings

1. A sign permit is required when a sign is constructed, erected, moved, enlarged, illuminated, or substantially altered. Routine maintenance, including
painting, cleaning, changing copy where permitted, or changing copy that
satisfies a sign concept plan, does not require a permit.
2. Signs listed in Section 6.7.3 and Section 6.7.12 are exempt from the sign
permit requirement.

B. Application Requirements
1. The property owner and the sign installer must file a joint application for the
sign permit on forms provided by DPS. If the property owner has an agent
or lessee, the agent and the lessee must also sign each permit form. The application must be accompanied by all required fees and the following:
a. a scale drawing of the sign showing all dimensions and visual characteristics, including structural and architectural supports;
b. a scale drawing of the site showing:
i. the proposed location of the sign, including setbacks;

1. DPS must certify compliance with this Chapter.

ii. the location and size of all other signs on the property;

2. Any building, structure, or land on a site with any previous development approval must satisfy the requirements, representations, plans, and conditions
contained in the decision or resolution of the deciding body.

iii. the location, dimensions, and distance from property lines of all
buildings on the site;

3. On the basis of a final inspection, DPS must verify that construction or alteration has been completed according to the applicable decision or resolution.

v. the frontage dimensions of the site along each street that abuts the
property;

4. A temporary use permit may be issued if the use satisfies the applicable use
standards under Article 59-3.

vi. the existing elevation and grade of the site and the proposed contour
lines;

iv. the location and name of all streets that abut the property;

c. a valid electrical permit or a completed application for an electrical permit under Chapter 17, if the application is for an illuminated sign;

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d. a completed building permit application under Chapter 8 for a sign requiring structural support;
e. payment of the sign permit fee as adopted by District Council Resolution;
f. other information that may be required by DPS to insure compliance
with Division 6.7 or other sections of the Chapter; and
g. a sign concept plan if:
i. the lot or parcel is in a Commercial/Residential, Employment, or
Industrial zone and is requesting more than 800 square feet of total
sign area;
ii. the development consists of more than one lot or parcel in a Commercial/Residential, Employment, or Industrial zone developed under
a management control plan where one or more individual lots or parcels is requesting more than 800 square feet of total sign area, even
if such development includes one or more individual sites or parcels
whose total sign area does not exceed 800 square feet; or
iii. the development uses optional method within an urban renewal
area.
2. DPS must waive all required fees if:
a. the primary applicant is a non-profit organization that is on the Planning
Boards list of civic and homeowners associations; and
b. the size of the proposed sign is smaller than the maximum size under
Division 6.7.
3. DPS may waive or reduce all required fees if:
a. the primary applicant is a non-profit organization that by law is exempt
from federal income taxes and demonstrates that its annual revenue during its most recent fiscal year was less than an amount set by DPS under
Method (2); and
b. the size of the proposed sign is smaller than the maximum size under
Division 6.7.

C. Approval Process
DPS accepts all sign permit applications.

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D. Necessary Findings
1. DPS may issue a sign permit based on one of the following:
a. its determination, upon review of the application, that the proposed sign
or sign concept plan satisfies Division 6.7; or
b. submission of the application packet and a written certification by a sign
installer that the proposed sign satisfies Division 6.7.
2. DPS has the authority to resolve any dispute or to interpret any ambiguity in
Section 7.4.3.

E. Validity
A sign permit becomes invalid when:
1. the sign for which the permit was issued is not erected within 6 months from
the date of issuance;
2. the sign for which the permit was issued is moved or substantially altered;
3. DPS revokes the permit for failure to satisfy an order issued by DPS stipulating corrective action for improper maintenance;
4. the application for a sign permit contained inaccurate information; or
5. the terms of the permit have not been satisfied.

F. Appeal
Any decision of DPS or the Sign Review Board may be appealed to the Board of
Appeals within 30 days after the date of the action or decision appealed.

G. Compliance and Enforcement

1. The sign permit must be displayed in a location on or near the sign that
permits a person to read the permit while standing on the ground, including
on the sign itself, on its supporting structure, or in another reasonable and
visible location.
2. Compliance is the responsibility of the joint applicants for a sign permit,
including the property owner or agent of the property where the sign is
erected, along with the lessee, if any, and the sign installer. DPS may initiate
enforcement proceedings against one or all of these individuals or entities,
jointly or severally.

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3. Upon identification and presentation of proper credentials, DPS may enter

any site in the County during normal business hours to inspect a sign displayed on a building, structure, lot, or parcel to determine compliance with
this Chapter.
4. DPS may order the removal of any sign that violates this Chapter, or interferes with traffic or public safety. The removal must be performed at the
expense of the responsible party.
5. DPS may revoke, suspend, refuse to issue, or refuse to reissue any permit or
license under this Chapter.

Section 7.4.4. Sign Variance

A. Applicability
Any sign not listed in Division 6.7, or which does not satisfy the requirements in
Division 6.7, may apply for a sign variance from DPS.

B. Application Requirements
DPS accepts all sign variance applications and a hearing date is scheduled with
the Sign Review Board.

C. Necessary Findings
1. For all sign variances, the Sign Review Board must consider:
a. the signs size, shape, color, design elements, location, or cost;

3. After a hearing, the Sign Review Board may revoke a previously granted sign
variance if:
a. the applicant supplied inaccurate information, or
b. the terms of a variance have not been followed.
4. The Sign Review Board is prohibited from approving a sign variance for any
sign prohibited under Section 6.7.4.
5. The Sign Review Board may approve a sign variance without a hearing if:
a. after receiving notice under Section 7.5.2.E, no person has expressed an
intention by a specified deadline to oppose the application or otherwise
appear at the hearing; and
b. the Sign Review Board concludes that approval of a sign variance would
not create any negative impact on the area where the sign is or would be
located.
6. The Sign Review Board may approve a variance for a sign on property with
a conditional use approval if the Board of Appeals has approved the sign.
Nothing in Section 7.4.4 prevents the Sign Review Board from imposing
more restrictive conditions than the Board of Appeals, but the Sign Review
Board must not approve a sign variance which is less restrictive than any
condition set by the Board of Appeals.

D. Decision

b. compatibility of the proposed sign with the surrounding property, the

proximity of other signs, and the characteristics of the area; and

1. The Sign Review Board may impose conditions and terms when approving a
sign variance.

c. any recommendation of the Planning Board or its technical staff.

2. The Sign Review Board must notify each party of record of the sign variance
decision when it is issued.

2. After a hearing, the Sign Review Board may approve an application for a sign
variance from the sign requirements of Division 6.7 if:
a. the strict application of the sign requirements of Division 6.7 would result
in a particular or unusual practical difficulty, exceptional or undue hardship, or significant economic burden on an applicant;
b. the sign variance is the minimum reasonably necessary to overcome any
exceptional conditions; and
c. the sign variance can be granted without substantial impairment of the
purpose of Division 6.7.
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3. If a sign variance is approved, the applicant must apply for the appropriate
sign permits.

E. Appeal
Any party of record may appeal any final decision of the Sign Review Board
within 30 days after the action to the Board of Appeals under Section 7.6.1.

F. Compliance and Enforcement

DPS must enforce the conditions and terms of a sign variance.
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Division 7.5. Notice Standards

Section 7.5.1. Notice Required

Notice is required for each application according to the following table:

Application

Newspaper

PreSubmittal
Meeting

Application
Sign

Application
Notice

Hearing
Notice

Resolution
Notice

Building
Permit Sign
Notice

Website
Posting

District Council Approvals

Local Map Amendment

Corrective Map Amendment

Sectional or District Map Amendment

Zoning Text Amendment

Regulatory Approvals
Conditional Use
Variance

Sketch Plan

Site Plan

Administrative Approvals
Building Permit

Use-and-Occupancy and Temporary Use Permit

Sign Permit
Sign Variance

Amendments to Approvals
Major Floating Zone Plan Amendment

Minor Floating Zone Plan Amendment

Major Conditional Use Amendment

Minor Conditional Use Amendment

Major Site Plan Amendment
Minor Site Plan Amendment

x
x

KEY: x = Required

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Section 7.5.2. Notice Specifications

C. Application Sign

The following notice requirements are the minimum necessary to ensure appropriate notice for communities affected by an application. For notice required under
Section 7.5.1, the following standards apply.

1. The applicant must post at least one sign along every frontage within 5 days
after an application is accepted; if the frontage is more than 500 feet, a sign
must be posted at least every 500 feet.

A. Newspaper Notice

2. The sign must be made of a durable material; a minimum of 24 inches tall by

36 inches wide; white or yellow in background color; with black lettering and
characters at least 2 inches in height.

1. When an application is accepted, the intake body must publish a notice

of the public hearing in at least 2 newspapers of general circulation in the
County a minimum of 30 days before the hearing date.
2. The notice must include the date and place of hearing, applicant, application number and name, location of property, property size, zone, density of
development, and telephone number and website for the applicable intake
agency. The notice for a Zoning Text Amendment must also include a brief
summary of the proposed amendment.

B. Pre-Submittal Meeting
1. Before an application may be accepted, the applicant must hold a public
meeting to present the proposed application and respond to questions and
comments.
2. The applicant must post a sign advertising the pre-submittal meeting,
equivalent to the requirement for an application sign, a minimum of 15 days
before the meeting, but no more than 90 days before filing the application.
3. The applicant must send notice advertising the pre-submittal meeting to the
same recipients required under Section 7.5.2.E.1, hearing notice, a minimum
15 days before the meeting.
4. The notices must include the date and place of meeting, applicant, application number and name, location of property, property size, zone, proposed
use and density of development, and phone and website for the applicable
intake agency.
5. The applicant must submit a list of attendees and a record of the pre-submittal meeting with the application.

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3. The sign must include:

a. the date of filing;
b. application number and name;
c. requested zone, if a Local Map Amendment;
d. proposed use, density, or structure description, if not a Local Map
Amendment;
e. and telephone number and website for the applicable intake agency.

D. Application Notice
1. When an application is accepted, the applicant must send notice of the application to all abutting and confronting property owners, civic and homeowners associations within 1/2 mile, any municipality within 1/2 mile, and
pre-submittal meeting attendees if applicable. A condominiums council
of unit owners may be notified instead of the owner and residents of each
individual condominium.
2. The notice must include the applicant, application number and name, location of property, property size, zone (and requested zone, if applicable), proposed use and density of development, and telephone number and website
for the applicable intake agency.

E. Hearing Notice
1. The deciding body must send notice of the hearing within 5 days after an
application is accepted to all abutting and confronting property owners, civic
and homeowners associations within 1/2 mile, any municipality within 1/2

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mile, and pre-submittal meeting attendees if applicable. A condominiums

council of unit owners may be notified instead of the owner and residents of
each individual condominium.
2. For a sign variance, the deciding body must also send notice of the hearing
to any special taxing district in which the proposed sign would be located
and the technical staff of the Planning Board if the sign would be located on
a property with a site plan.
3. The notice must include the date and place of meeting, applicant, application number and name, location of property, property size, zone (and
requested zone, if applicable), proposed use or density of development when
applicable, and telephone number and website for the applicable intake
agency.
4. A hearing may be postponed or continued if the time and place of the
continued hearing is publicly announced at the time of the adjournment or
notice is given to all parties of record as required for the original application.

F. Resolution Notice
1. The deciding body or its designee must provide notice of the approved
resolution or opinion to all parties that were notified of the hearing and any
additional parties of record within 10 days after a resolution or opinion is
issued.

10 days before the Planning Board hearing. In cases where an application

is decided by the Hearing Examiner, the Board of Appeals, or the District
Council, the Planning Director's recommendation report must be posted
on the Planning Board's website a minimum of 7 days before the Planning
Board meeting.
3. When the Hearing Examiner provides a recommendation report on an application decided by the Board of Appeals or the District Council, the Hearing
Examiner must post the recommendation report on its website a minimum
of 10 days before the Board of Appeals or the District Council hearing.
4. After a decision is made, the applicable deciding body or designee, must
post on its website the resolution reflecting its decision and if approved,
plans certified by the deciding body or designee, modified from the submitted plans to satisfy the decision.
5. When DPS accepts a building permit application, DPS must post on its website the application information and track the status of review. After a decision is made, DPS must post on the internet its decision and, if approved, a
summary of the approval, including at least the approved use and gross floor
area.

2. The notice must provide the date the decision was made, a summary of the
decision, a copy of the resolution or opinion or a website link to a copy, and
the phone number, address, and website of the applicable deciding body.

G. Building Permit Sign Notice

After a building permit is approved, the applicant must post a sign as required
under Chapter 8.

H. Website Posting
1. During review, the applicable intake agency or designee, must post the application on its website within 15 days after acceptance.
2. When the Planning Director provides a recommendation report on an application decided by the Planning Board, the Planning Director must post
the recommendation report on the Planning Board's website a minimum of
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Division 7.6. Special Provisions

Section 7.6.1. Board of Appeals
A. Powers
In addition to any other power described in Division 7.6, the Board of Appeals
may compel the attendance of witnesses at hearings or meetings, and the chair
or another member may administer oaths.

B. Duties
In addition to any other duties described in Division 7.6, the Board of Appeals
must:
1. ensure that a minimum of 3 members of the Board of Appeals are present
when hearing or deciding any matter under this Chapter;
2. keep minutes of its proceedings, meetings and hearings; and
3. take each final action under this Chapter by written resolution. Each resolution must contain findings of fact and conclusions of law forming the basis
for each decision. The members' votes must be recorded in the Board of
Appeals minutes. Any action or decision of the Board of Appeals under this
Chapter requires the affirmative vote of at least 3 members.

C. Filing of Appeals
1. Appeals to the Board of Appeals may be made:
a. by any person, board, association, corporation, or official allegedly aggrieved by the grant or refusal of a building or use-and-occupancy permit
or by any other administrative decision based or claimed to be based, in
whole or in part, upon this Chapter, including the zoning map, or
b. about property affected by the master plan of highways.
2. Appeals must be made on forms provided for that purpose. Completed
forms must be filed with the clerk to the Board of Appeals, and the appellant
must pay the clerk for expenses incidental to the appeal. The clerk will accept
the form only if it contains all pertinent information and is accompanied by
the required fee to defray expenses.
3. Except as otherwise specifically provided by statute, Board of Appeals review

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of any action, inaction, decision or order of a department of the County

government must be de novo.
4. DPS must satisfy the prehearing submission requirements of Chapter 2A.

Section 7.6.2. Hearing Examiner

A. Assignment of Hearing Examiner
1. The County Council, sitting as the District Council, may assign one or more
Hearing Examiners in the Office of Zoning and Administrative Hearings to
conduct hearings for Local Map Amendments.
2. Any Hearing Examiner assigned to conduct hearings for Local Map Amendments must not, within one year after serving as a Hearing Examiner, act
as agent or attorney in any proceeding or other matter before any County
agency or officer involving property that was the subject of a Local Map
Amendment pending during the Hearing Examiner's service as Hearing
Examiner.

B. Duties
1. The Hearing Examiner must recommend rules and procedures to the District
Council to govern the conduct of public hearings and of other functions of
the Hearing Examiner's office and must perform such other tasks and duties
as the District Council from time to time may assign.
2. The Hearing Examiner schedules and conducts public hearings for all conditional use applications. The Hearing Examiner may schedule and conduct a
hearing or write a report and recommendation for any other matter pending
before the Board of Appeals upon request of the Board of Appeals and with
approval of 3 of its members.
3. The Hearing Examiner's office has the functions and duties of scheduling
and conducting public hearings and rendering written reports and recommendations to the District Council for Local Map Amendments. The Hearing
Examiner may:
a. postpone or continue a public hearing to a time certain or for a reasonable time if:
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i. the Hearing Examiner finds that the pendency of any proposed

master plan, plan amendment, highway plan, capital improvement
program, zoning or planning study, zoning text amendment, pending
court case, or other relevant matter may substantially affect the application under consideration; or
ii. the applicant or another party for good cause requests a postponement or continuance.
b. extend the time for closing the record, either to a time certain or for a
reasonable time, if:
i. the Hearing Examiner finds additional information or government
action is necessary on any relevant issue; or
ii. the applicant or another party requests a delay for good cause.
c. The District Council may, by resolution, order the Hearing Examiner to
postpone or continue a public hearing or the issuance of a report and
recommendation on a Local Map Amendment application, either to a
time certain or for a reasonable time, when a delay is necessary to allow
sufficient time for the District Council to approve any master plan, plan
amendment, zoning or planning study, highway plan or project, zoning
text amendment, sewer, water, or other capital improvements project,
which may have a substantial effect on any Local Map Amendment application before the Hearing Examiner.
d. The District Council may by resolution, and for good cause shown, cancel, negate, void or suspend any order of the Hearing Examiner suspending, postponing, deferring, or continuing any public hearing.

Section 7.6.3. Planning Board

A. In addition to any other remedy provided by law, any violation of a Planning
Board action, as defined in Chapter 50 (Section 50-41), may be enforced under
Division 7.8 or under Chapter 50 (Section 50-41), at the discretion of the Planning
Board.

mendation on any alleged violation of this Chapter or any other Planning Board
action as defined in Chapter 50 (Section 50-41). The hearing officer must submit
the required report and recommendation to the Planning Board a maximum
of 60 days after the hearing record closes, but the hearing officer may by order
extend the time to file the report.
C. Plan Review Schedule
1. The Planning Board must annually adopt a Plan Review Schedule for the calendar year that reflects the timeframes established in Section 7.3.3, Sketch
Plan, and Section 7.3.4, Site Plan.
2. This schedule will set the following:
a. The date an accepted application will be distributed to the Development
Review Committee,
b. The date that initial Staff and agency comments are due,
c. The date of the Development Review Committee meeting,
d. The date by which an applicant must resubmit plans addressing the
Development Review Committee comments,
e. The date when final Staff and agency recommendations and conditions
are due, and
f. The date of the public hearing.
3. Extensions to these dates may be allowed at the request of either the applicant or the Planning Director as established under Section 7.3.3.C, Hearing Date, for a sketch plan and Section 7.3.4.C, Hearing Date, and Section
7.3.4.D, Review and Recommendation, for a site plan.
4. If an applicant submits a sketch plan amendment and site plan together, the
Plan Review Schedule follows the timeframes for a site plan.
D. Any provision adopted by the Planning Board to implement Article 59-7 is subject to District Council review and disapproval as if the provision were submitted
to the District Council under Method 2 of Chapter 2 (Section 2A-15).

B. The Planning Board may assign a hearing officer designated by the Planning
Board, including a Hearing Examiner from the Office of Zoning and Administrative Hearings, to conduct a public hearing and submit a report and recom-

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Section 7.6.4. Sign Review Board

e. standards of conduct regarding conflict of interest;

A. Composition

f. standards of ethics; and

1. The Sign Review Board consists of 5 members:

a. appointed by the County Executive and confirmed by the District Council,
and under Chapter 2 (Section 2-148);
b. who are residents of the County;
c. one of whom must operate a business in the County; and
d. one of whom must be an architect licensed in Maryland. The Executive
must request from the Potomac Valley Chapter of Maryland, American
Institute of Architects, recommendations of architects who are qualified
to serve on the Board, but the Executive is not limited to the Chapters
recommendation.
2. One member must be designated as chair by the County Executive, and
confirmed by the District Council.
3. Each member serves a 3-year term, except that an appointment to fill a vacancy occurring before a term expires is for the remainder of the unexpired
term.

B. Procedures
The Sign Review Board must:
1. meet a minimum of once a month at the call of the chair;
2. exercise its powers and duties only when a minimum of 3 members are present;
3. provide written decisions and actions of the Sign Review Board within 10
days after the decision or action in a format required by DPS; and
4. exercise its powers and duties according to the procedures adopted by District Council resolution. These procedures must include:
a. the keeping of records of meetings and hearings;
b. the establishment of requirements for hearing notification;

g. the procedure for admission of evidence and testimony.

C. Powers
The Sign Review Board may:
1. advise DPS whether an application for a permit satisfies this Chapter or
needs a variance;
2. approve or revoke a sign variance under Section 7.4.4;
3. order the appearance of a person or evidence at a hearing before them; and
4. approve a right-of-way sign under Section 6.7.4.F.3 after receiving a recommendation from the appropriate transportation jurisdiction.

Section 7.6.5. Fees

A. Establishing Fees
1. Where DPS, the Hearing Examiner, the Board of Appeals, or the District
Council is the deciding body, fees to cover the cost of administering this
Chapter must be approved by District Council resolution. A resolution to
establish or amend the filing fees may only be adopted after the District
Council has held a public hearing after reasonable notice. A filing fee is not
required for any application filed by the District Council or another government agency, unless the application is filed at the request of a person with a
financial, contractual, or proprietary interest in the property.
2. Where the Planning Board is the deciding body, fees to cover the cost of
administering this Chapter must be approved by resolution of the Planning
Board.
3. For Local Map Amendments and conditional use applications, 25% of the established fee must be paid directly to the Planning Director and 75% must be
paid directly to the Hearing Examiner, Board of Appeals, or District Council
as applicable.

c. the orientation and training of new members;

d. the issuance of an annual report of activities and accomplishments;
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B. Waiving or Refunding of Local Map Amendment Fees

1. The District Council may waive or refund any Local Map Amendment required filing fee, in whole or in part, if:
a. the application has not been advertised for public hearing;
b. the application has been advertised for public hearing but the applicant
files a request to withdraw it within 90 days after a master plan, Sectional Map Amendment, or Zoning Text Amendment that materially
affects the property is approved, or condemnation proceedings or public
acquisition of the subject property has been initiated; or
c. the applicant shows that undue hardship will result if the refund is not
approved.
2. The Hearing Examiner may refund a Local Map Amendment filing fee of less
than $25,000, if any condition of Section 7.6.5.B.1 is satisfied.

C. Waiving or Refunding of Variance Fees

If a variance is needed because of an error by a government agency in its approval of a site plan, the Board of Appeals may waive or refund all or part of the
filing fee.

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Division 7.7. Exemptions and Nonconformities

Section 7.7.1. Exemptions
A. Existing Structure, Site Design, or Use on October 30, 2014
1. Structure and Site Design
A structure or site design existing on October 30, 2014 that does not meet
the zoning standards on or after October 30, 2014 is conforming and may
be continued, renovated, repaired, or reconstructed if the floor area, height,
and footprint of the structure is not increased, except as provided for in Section 7.7.1.C for structures in Commercial/Residential, Employment or Industrial zones, or Section 7.7.1.D.5 for structures in Residential Detached zones.

2. Use
Any use that was conforming or not nonconforming on October 29, 2014 and
that would otherwise be made nonconforming by the application of zoning
on October 30, 2014 is conforming, but may not expand.

B. Application Approved or Filed for Approval before October 30, 2014

1. Application in Progress before October 30, 2014
Any development plan, schematic development plan, diagrammatic plan,
concept plan, project plan, sketch plan, preliminary plan, record plat, site
plan, special exception, variance, or building permit filed or approved before
October 30, 2014 must be reviewed under the standards and procedures of
the Zoning Ordinance in effect on October 29, 2014. Any complete Local
Map Amendment application submitted to the Hearing Examiner by May 1,
2014, must be reviewed under the standards and procedures of the Zoning
Ordinance in effect on October 29, 2014. If the District Council approves such
an application after October 30, 2014 for a zone that is not retained in Chapter 59, then the zoning will automatically convert to the equivalent zone as
translated under DMA G-95 when the Local Map Amendment is approved.
The approval of any of these applications or amendments to these applications approved before October 30, 2014 will allow the applicant to proceed
through any other required application or step in the process within the time
allowed by law or plan approval, under the standards and procedures of the
Zoning Ordinance in effect on October 29, 2014.
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2. Application Approved before October 30, 2014

Any structure or site design approved before October 30, 2014 may be implemented by the property owner under the terms of the applicable plan.

3. Plan Amendment for Plans Approved or Pending before October 30.

2014
a. Until October 30, 2039, an applicant may apply to amend any previously
approved application (listed in Section 7.7.1.B.1 or Section 7.7.1.B.2), under the development standards and procedures of the propertys zoning
on October 29, 2014, if the amendment:
i. does not increase the approved density or building height unless allowed under Section 7.7.1.C; and
ii. either:
(a) retains at least the approved setback from property in a Residential Detached zone that is vacant or improved with a Single-Unit
Living use; or
(b) satisfies the setback required by its zoning on the date the
amendment or the permit is submitted.
b. An applicant may apply for a minor site plan amendment to amend the
parking requirements of a previously approved application (listed in Section 7.7.1.B.1 or 7.7.1.B.2) in a manner that satisfies the parking requirements of Section 6.2.3 and Section 6.2.4.

4. Repair, Renovation, and Rebuilding Rights under Section 7.7.1.B

Any structure or site design implemented under Section 7.7.1.B is conforming and may be continued, renovated, repaired, or reconstructed.

5. Development with a Development Plan or Schematic Development Plan

Approved before October 30, 2014
Any development allowed on property subject to the binding elements of a
District Council approved development plan or schematic development plan
on October 30, 2014 must satisfy those binding elements until the property
is:
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a. subject to a Sectional Map Amendment that implements a master plan

approved after October 30, 2014;
b. rezoned by Local Map Amendment; or
c. revised by a major development plan amendment.

6. Density Transfers Approved before October 30, 2014

On a property that is subject to an effective density transfer easement and
density transfer deed, the total density or density associated with a commercial or residential use, including any density approved by an amendment of a
previously approved application listed in Section 7.7.1.B.1, may exceed that
allowed by the existing zoning as long as the total density or density associated with a commercial or residential use does not exceed that allowed by
the density transfer easement and density transfer deed.

C. Expansion of Floor Area Existing on October 30, 2014

1. Limited Rights under Zoning before October 30, 2014
Until October 30, 2039, on land that is located in a Commercial/Residential,
Employment, or Industrial zone, an applicant for an amendment to an application listed in Section 7.7.1.B.1 may increase the floor area on the site by
the lesser of 10% of the gross floor area approved for the site on October
30, 2014 or 30,000 square feet, except for properties with 2,000 square feet
or less of floor area, which may expand up to 30% of the gross floor area
approved for the site on October 30, 2014, following the procedure and standards of the propertys zoning on October 29, 2014, if:
a. The building does not exceed the height limits and density of the propertys zoning in effect on October 29, 2014;
b. Any building on the site is no closer to property in a Residential Detached
zone that is vacant or improved with a Single-Unit Living use than any
existing structure on the site on October 30, 2014 or satisfies the setbacks of the current zoning; and
c. If a site plan or site plan amendment is required by the propertys zoning
on October 29, 2014, then a site plan or a site plan amendment is approved under the standards of site plan approval on October 29, 2014.

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2. Expansion above Section 7.7.1.C.1 or Amendment after Section

7.7.1.B.3.a
Any portion of an enlargement that exceeds Section 7.7.1.C.1 must satisfy
the applicable standards and procedures for the current zoning. After October 30, 2039, any amendment to a previously approved application must
satisfy the applicable standards and procedures for the current zoning to the
extent of (a) any expansion, and (b) any other portion of an approved development that the amendment changes.

D. Residential Lots and Parcels

1. Residential Lot
Unless adjoining lots have merged by virtue of ownership and zoning requirements, DPS may issue a building permit for a detached house on any
Residential or Rural Residential zoned lot identified on a plat recorded before
October 30, 2014 without regard to the street frontage and lot size requirements of its zoning, except as provided in Section 7.7.1.D.3.b

2. Pre-1958 Parcel
A detached house on a platted lot, parcel, or part of a previously platted lot
that has not changed in size or shape since June 1, 1958, exclusive of changes
due to public acquisition, may be:
a. constructed under its current zoning without regard to the minimum lot
width at the front lot line;
b. reconstructed either on its current footprint and up to its current maximum building height; or
c. constructed or reconstructed in a manner that satisfies the maximum
building height, lot coverage and established building line of its zone
when the building permit is submitted and the side yard and rear setback
required by its pre- 1958 zoning in effect when the lot, parcel or part of a
lot was first created.

3. Pre-1928 Lot
a. In addition to the provisions of Section 7.7.1.D.1, a new or reconstructed
detached house on any lot recorded before 1928 must satisfy the front,
rear, and side yard setbacks of the 1928 Zoning Ordinance; however,
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a new building must satisfy the established building line requirements

under Section 4.4.1.A if applicable.
b. Before DPS may issue a building permit for a new detached house on a
lot less than 5,000 square feet in land area that was recorded before 1928
and adjoins vacant land in common ownership any time since November
8, 2012, the lot must be subdivided with such adjoining property.

4. Damage in Flood Plain

If a detached house that is located within a 100-year flood plain and abuts
any waterway, is damaged or destroyed by flood to the extent of up to 75%
of the reconstruction value of the building, the dwelling may be repaired or
reconstructed to preexisting dimensions.

5. Additions to Dwellings
In addition to the authority to renovate, repair, and reconstruct under Section 7.7.1.A.1 and without regard to the standards of its current zoning, the
owner of a detached house that:
a. is in a housing project constructed before January 1, 1945 that was
owned by the government when constructed, may construct an addition
to the detached house if, after the addition,:
i. the front setback of the detached house on the subject property is
equal to the average of all the front setbacks of the detached houses
on the same side of the right-of-way;
ii. the minimum side setback between a detached house on an abutting
lot and the subject detached house is 18 feet; and
iii. the minimum rear setback is 20 feet or the sum of the rear setbacks
between any 2 detached houses is a minimum of 40 feet;
b. was constructed under density control standards in the R-150 zone before October 30, 2014 may construct an addition to the dwelling if, after
the addition,:
i. the minimum front setback is 30 feet;
ii. the minimum side setback is 10 feet;
iii. the minimum rear setback is 25 feet; and

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iv. the maximum lot coverage is 30%;

c. was constructed under density control standards in the R-200, R-90 or
RMH-200 zone before October 30, 2014 may construct an addition that
satisfies the development standards of their current zone under the standard method of development; or
d. is in an area rezoned from R-60 to R-90 may construct an addition that
satisfies the development standards of the R-60 zone under the standard
method of development.

Section 7.7.2. Nonconforming Use

A lawful nonconforming use may be continued, under the following limits:

A. Expansion
A lawful nonconforming use of a structure or lot must not be expanded in any
way.

B. Abandonment of Use
If a nonconforming use is abandoned, it must not be reestablished unless it is
a historic resource and satisfies Section 7.7.2.C. A nonconforming use is abandoned if the nonconforming use ceases for at least 6 consecutive months.

C. Historic Resources
Any nonconforming use that has ceased operations for at least 6 consecutive
months may be reestablished if the use is:
1. located in a historic structure or on a historic site identified in the Master
Plan for Historic Preservation; and
2. consistent with the historic use of the property as documented in the Locational Atlas of Historic Sites, the Master Plan for Historic Preservation, or the
land records.

D. Lawful Nonconforming Use Certification

The owner of property who wishes to establish that a use on the property is
lawfully nonconforming, under the provision of this Chapter, must submit an application in a form provided by DPS. A nonconforming use certification must be
issued by DPS if DPS determines that the use of the property is a nonconforming use as defined herein.

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Council Approved

Division 7.8. Violations, Penalties, and Enforcement

Section 7.8.1. Generally
A. Any violation of this Chapter may be punished as provided in State law.
B. In addition to all other remedies provided by law, any violation of this Chapter
may, as an alternative, be punished by a civil fine equal to the maximum allowed
by the Maryland Land Use Article as amended and any penalty allowed by regulation adopted under Method (2). Each day a violation continues is a separate
offense.

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Chapter 59: Zoning Code

M o n t g o m e r y C o u n t y, M a r y l a n d