ZAP Discussion Draft

ARTICLE 59-6. ADMINISTRATION AND PROCEDURES

AN ANNOTATED OUTLINE

June 15, 2011

ZAP Discussion Draft DEAR ZONING ADVISORY PANEL MEMBERS, THE FOLLOWING OUTLINE OF MODULE 3 PROVIDES THE PROPOSED ORGANIZATION OF, AND ELEMENTS TO BE CONTAINED IN THIS SECTION. THE RELEVANT REVIEW BODIES ARE DESCRIBED AND THEIR REVIEW AND/OR APPROVAL AUTHORITY NOTED. EACH ADMINISTRATIVE AND HEARING APPROVAL HAS A UNIQUE SECTION. FOLLOWING THE APPROVALS, TWO SUMMARY TABLES PROVIDE INFORMATION ON TYPES OF APPLICATIONS REQUIRED AND THE CORRESPONDING SUBMITTAL REQUIREMENTS FOR EACH. SEVERAL NEW IDEAS ARE PRESENTED IN THE FOLLOWING OUTLINE. THESE CHANGES AND NEW IDEAS SHOULD BE CONSIDERED IN LIGHT OF THE PROPOSED MODIFICATIONS TO THE DEVELOPMENT STANDARDS AND OVERHAUL OF THE USE TABLE AND USE-SPECIFIC STANDARDS. IT SHOULD ALSO BE NOTED THAT FURTHER SECTIONS WILL PROVIDE ADDITIONAL REQUIREMENTS FOR PARKING, LANDSCAPING, RECREATION, ETC THE PRESENTATION ON WEDNESDAY WILL FOCUS ON THE PROPOSALS CONTAINED IN THIS DRAFT AND HOW THESE PROPOSED CHANGES WORK IN CONJUNCTION WITH OTHER ASPECTS OF THE CODE. A FEW GENERAL CHANGES TO NOTE INCLUDE: 1. STANDARDIZING THE REVIEW PROCESS WITH COMMON APPLICATION PROCEDURES, WHERE APPROPRIATE, 2. CONSOLIDATING SUBMITTAL PLANS (E.G., ONLY ONE TYPE OF REZONING APPLICATION), 3. CONSIDERING THE USE OF EMAIL AND WEB NOTICING, WHERE APPROPRIATE, AND 4. ESTABLISHING APPLICATION THRESHOLDS BY IMPACT AND ZONE SOME OF THE MORE SPECIFIC CHANGES INCLUDE: 1. A LAYOUT PLAN, A NEW APPLICATION REQUIRING PLANNING DIRECTOR REVIEW APPLICABLE IN MANY INSTANCES WHERE SITE PLAN THRESHOLDS DO NOT APPLY, 2. MINOR SITE PLANS APPROVED BY PLANNING BOARD VIA CONSENT AGENDA FOR LOW-IMPACT DEVELOPMENT, 3. MINOR CONDITIONAL USES NO LONGER REVIEWED BY PLANNING BOARD, AND 4. PRE-SUBMISSION MEETING REQUIREMENT FOR LOCAL MAP AMENDMENTS AND MAJOR CONDITIONAL USES WE LOOK FORWARD TO DISCUSSING THESE IDEAS IN GREATER DETAIL OVER THE COMING MONTHS. SINCERELY, THE ZONING REWRITE TEAM
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Div. 6.1. Review Bodies

New Organizational Format

Sec. 6.1.1. Summary of Review Authority

The following table summarizes the review and approval authority of the various review bodies.

ACTION AND PUBLIC HEARING reference Examiner Planning Planning Board of Director Sign Director Appeals Hearing Section Council Review District Circuit Board Board

APPROVAL PROCESS ADMINISTRATIVE APPROVALS Layout Plan New term Temporary Use Permit Building Permit Use and Occupancy Certificate Sign Permit Written Interpretation New Planning Dept review

6.2.2 6.2.3 6.2.4 6.2.5 6.2.6 6.2.7 6.3.2 6.3.3 6.3.4 6.3.8 6.3.5 6.3.6.1 6.3.6.2 6.3.7.1 6.3.7.2 6.3.9

D D D D D D R

A A A A A

R R R R R R R R R R R, PH R, PH R, PH R, PH D, PH D, CA D, PH
R

A D, PH D, PH D, PH D, PH A A A A No Planning Board Review D, PH R, PH A D, PH D, PH A A A A A

HEARING APPROVALS Sectional Map Amendment Local Map Amendment Corrective Map Amendment Zoning Text Amendment Sketch Plan New application Site Plan, Minor Site Plan, Major Conditional Use Permit, Minor Conditional Use Permit, Major Variance Key:

R, PH

Should there be Planning Board Review

R = Review & Recommendation D = Decision A = Appeal PH = Public Hearing CA = Consent Agenda Note: The term public hearing in the above chart represent both public June meetings where public testimony is taken without noticing requirements as well 15, 2011 3 as traditional public hearings where public testimony is taken by the noticing authority. Should these different types of hearings be illustrated?

Should the Planning Department review variances as technical review staff for BOA

Court

DPS

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Sec. 6.1.2. District Council

A. General Authority The District Council may exercise additional powers described elsewhere in the Montgomery County Code. B. Approval Authority With respect to Chapter 59, the District Council is responsible for final action regarding: Sectional Map Amendments Local Map Amendments Correctional Map Amendments Zoning Text Amendments

Sec. 6.1.3. Planning Board

A. General Authority The Planning Board may exercise additional powers described elsewhere in the Montgomery County Code. B. Review Authority With respect to Chapter 59, the Planning Board is responsible for review and recommendation regarding: Sectional Map Amendments Local Map Amendments Correctional Map Amendments Zoning Text Amendments Major Conditional Use C. Approval Authority
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Should the Board review and make recommendations on Major Conditional Uses?

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With respect to Chapter 59, the Planning Board is responsible for final action regarding: Sketch Plan Site Plan, Minor Site, Major Consent & Limited Site Plan Amendments D. Procedures E. Enforcement

Sec. 6.1.4. Planning Director

A. General Authority The Planning Director may exercise additional powers described elsewhere in the Montgomery County Code. B. Review Authority With respect to Chapter 59, the Planning Director is responsible for review and recommendation regarding: Sectional Map Amendments Local Map Amendments Correctional Map Amendments Zoning Text Amendments Minor Conditional Use Permit Major Conditional Use Permit Sketch Plan Site Plan, Minor
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Site, Major Conditional, Sketch, Site, and Layout Plan Amendments C. Approval Authority Administrative Site Plan Amendments D. Delegation of Authority The Planning Director may designate any staff member to represent the Planning Director in any function assigned by this code. The Planning Director remains responsible for any final action.

Sec. 6.1.5. Board of Appeals

A. Approval Authority With respect to Chapter 59, the Board of Appeals is responsible for final action regarding: Major Conditional Use Permit, and Amendments Variance B. Appeals C. Procedures

Sec. 6.1.6. Hearing Examiner

A. General Authority The Hearing Examiner may exercise additional powers described elsewhere in the Montgomery County Code. B. Review Authority With respect to Chapter 59, the Hearing Examiner is responsible for scheduling and conducting public hearings and rendering written reports
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and recommendations on the following matters: Local Map Amendment, Minor Conditional Use Permit, and Amendments Major Conditional Use Permit, and Amendments Variances, upon request of the Board of Appeals C. Approval Authority With respect to Chapter 59, the Hearing Examiner is responsible for final action regarding: Minor Conditional Use Permit and Amendments D. Procedures

Sec. 6.1.7. Permitting Services Director

A. General Authority The Planning Director may exercise additional powers described elsewhere in the Montgomery County Code. B. Approval Authority With respect to Chapter 59, the Planning Director is responsible for review and recommendation regarding: Layout Plan and Amendments Temporary Use Permit Building Permit Use & Occupancy Permit Sign Permit Written Interpretations
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New application. Currently DPS approves a Circulation Plan, Landscape Plan, Parking Facility Plan and in some cases, a Lighting Plan. The Layout Plan is the combination of these submittals intended for review by the Planning Department. If applicable, the Layout Plan should also specify standards for limited uses.

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C. Delegation of Authority The Permitting Services Director may designate any DPS staff member to represent the Director in any function assigned by Chapter 59. The Permitting Services Director remains responsible for any final action. D. Interpretation E. Inspections Signs Site Plan Conditional Use Permits Violations/Complaints F. Revocation and Suspension

Sec. 6.1.8. Sign Review Board

A. Review Authority B. Additional Authority C. Composition D. Quorum E. Procedures F. Staff Support

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New Section

Div 6.2. Administrative Approvals

Sec. 6.2.1. Common Application Procedures
A. Applicability Layout Plan Temporary Use Permit Building Permit Use & Occupancy Permit Sign Permit Written Interpretations

Will common application procedures work for the following list of administrative approvals?

B. Application Requirements C. Public Notice

D. Application Review
Note: Currently DPS approves a Circulation Plan, Landscape Plan, Parking Facility Plan and in some cases, a Lighting Plan without Planning Department input for some zones. A Layout Plan is the combination of these submittals intended for review by the Planning Department. Coordinate requirements with other review agencies.

Sec. 6.2.2. Layout Plan

A. Applicability B. Pre-Application Conference C. Application Requirements D. Approval Process E. Considerations for Approval F. Period of Validity
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G. Appeal

Sec. 6.2.3. Temporary Use Permit

A. Applicability B. Pre-Application Conference C. Application Requirements D. Approval Process E. Considerations for Approval F. Period of Validity G. Appeal

New Section

Sec. 6.2.4. Building Permit

A. Applicability B. Application Requirements C. Approval Process D. Considerations for Approval E. Period of Validity F. Appeal

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Sec. 6.2.5. Use and Occupancy Permit

A. Applicability B. Application Requirements C. Approval Process D. Considerations for Approval E. Period of Validity F. Appeal

Sec. 6.2.6. Sign Permit

A. Permit B. Sign Installer License C. Sign Concept Plan in an Approved Urban Renewal Area: D. Sign Variance E. Revocation of Sign Variance

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New Process Planning Department review of Written Interpretations

Sec. 6.2.7. Written Interpretation

A. Applicability B. Application Requirements C. Permitting Services Director Action D. Appeals E. Official Record

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Div. 6.3. Hearing Approvals

Type of Hearing Approval Sectional Map Amendment Local Map Amendment Corrective Map Amendment Zoning Text Amendment Sketch Plan Site Plan, Minor Site Plan, Major Conditional Use, Minor Conditional Use, Major Variance Intake OZAH OZAH OZAH

New Section

Lead Review MNCPPC MNCPPC MNCPPC

Decision-making Body District Council District Council District Council

Rules of Procedure (established by) District Council OZAH/MNCPPC OZAH/MNCPPC

District Council MNCPPC MNCPPC MNCPPC Board of Appeals Board of Appeals Board of Appeals

MNCPPC MNCPPC MNCPPC MNCPPC MNCPPC MNCPPC Board of Appeals

District Council Planning Board Planning Board Planning Board Hearing Examiner Board of Appeals Board of Appeals

District Council MNCPPC MNCPPC MNCPPC BOA/OZAH/MNCPPC BOA/OZAH/MNCPPC BOA/OZAH/MNCPPC

Coordinate Rules of Procedures

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Sec. 6.3.1. Common Application Procedures

A. Applicability The following requirements are common to hearing approval procedures set forth below, and apply to applications submitted for approval. Additional details may be included for each specific procedure. 1. Local Map Amendment. 2 Corrective Map Amendment. 3. Sketch Plan. 4. Site Plan, Major. 5. Conditional Use Permit, Major. 6. Variance. Note: Sectional Map Amendments, Site Plans, Minor, Conditional Use Permits, Minor and Zoning Text Amendments all have unique application procedures.

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B. Pre-Submission Meeting
All of the listed Hearing Approvals will have a pre-submission meeting currently a pre-submission meeting is not required for a Local Map Amendment or a Major Conditional Use.

C. Application Requirements
Enumerate as specified by intake agency.

D. Public Notice (in accordance with Rules of Procedure)

Consider Email Noticing Requirements

Noticing Requirements (email - e, print - p, mail -m, web- w, sign - s)

Type of Hearing Approval Pre-Submittal Meeting n/a s, m s, m s, m s, m s, m s, m s, m n/a Application Hearing Opinion/Resolution

Sectional Map Amendment Local Map Amendment Corrective map Amendment Sketch Plan Minor Site Plan Major Site Plan Minor Conditional Use Major Conditional Use Variance

n/a s, m, w s, m, w s, m, w s, m, w s, m, w s, m, w s, m, w s, m, w

p, w m, w m, w m, w n/a m, w m, w m, w m, w

w m, w m, w m, w m, w m, w m, w m, w w

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E. Review and Report

Codify similar common application procedures, and indicate requirements

1. Referral and Inter-Agency Consultation 2. Review Meetings 3. Application Revisions 4. Report

Sec. 6.3.2. Sectional Map Amendment

A. Applicability B. Public Notice C. Approval Process D. Considerations for Approval E. Period of Validity F. Appeals

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Sec. 6.3.3. Local Map Amendment

A. Applicability B. Pre-Application Conference C. Pre-Submission Meeting D. Application Requirements E. Sketch Plan Required F. Approval Process G. Dismissal of an Application H. Considerations for Approval I. J. Actions Following a Decision

Consider limiting binding elements to the following parameters: new zone, maximum density, and use.

Modification of an Approved Development Plan

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Sec. 6.3.4. Corrective Map Amendments

A. Applicability B. Application Requirements C. Approval Process D. Considerations for Approval E. Period of Validity F. Appeals

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Sec. 6.3.5. Sketch Plan

A. Applicability B. Pre-Application Conference C. Pre-Submission Meeting D. Application Requirements E. Approval Process F. Considerations for Approval G. Period of Validity H. Appeal I.

New - consolidation of several submittal plans

Modification of an Approved Sketch Plan

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Sec. 6.3.6. Site Plans

6.3.6.1. Site Plan, Minor
A. Applicability B. Pre-Application Conference C. Pre-Submission Meeting D. Application Requirements E. Approval Process

Minor Site Plan approved by Planning Board via Consent Agenda

F. Considerations for Approval G. Period of Validity H. Appeals I. J. Additional Regulations Amendment of a Site Plan

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6.3.6.2 Site Plan, Major

A. Applicability B. Pre-Application Conference C. Pre-Submission Meeting D. Application Requirements E. Approval Process F. Considerations for Approval G. Period of Validity H. Appeals I. J. Additional Regulations Amendment of a Site Plan

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Sec. 6.3.7. Conditional Use Permit

Sec. 6.3.7.1. Minor Conditional Use Permit
A. Applicability B. Pre-Application Conference C. Pre-Submission Meeting D. Application E. Action by Hearing Examiner F. Action by Board of Appeals G. Additional Requirements H. Considerations for Approval I. J. Period of Validity Appeal
Minor Conditional Use review and recommendation by Planning Department, forward on to Hearing Examiner for Public Hearing and Approval Authority

K. Modification

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Sec. 6.3.7.2. Major Conditional Use Permit

A. Applicability B. Pre-Application Conference C. Pre-Submission Meeting D. Application E. Action by Hearing Examiner F. Action by Board of Appeals G. Additional Requirements H. Considerations for Approval I. J. Period of Validity Appeal

Do major conditional uses need to go before the Planning Board?

K. Modification

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Sec. 6.3.8. Zoning Text Amendment

A. Applicability B. Application Requirements C. Approval Process D. Considerations for Approval

Sec. 6.3.9. Variance

A. Applicability B. Application C. Approval Process D. Considerations for Approval E. Period of Validity F. Appeals G. Limits on Re-application

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New Organizational Feature

Sec. 6.3.10. Summary of Application Types and Submittal Requirements

Because multiple criteria are included with any application, the most intense application type based on all the applicable thresholds must be filed according to the following order: building permit, layout plan, minor site plan, major site plan, minor conditional use permit, major conditional use permit, sketch plan, development plan. Note that in the case of Building Permits, these must be filed according to Chapter 8. Criteria Re-Plat Method Threshold Subdivision or Re-Sub Standard Optional Application Required by Threshold Criteria Zone Rural RE/RLD RMD RHD CR Preliminary Plan See thresholds below (Use, Density, Height, etc) Sketch Plan followed by Site Plan(s), Major

PD N/A Development Plan followed by Site Plan(s), Major Development Plan followed by Site Plan(s), Major

Use

Permitted Limited C(minor) C(Major) <10,000sf or 10 units 10,000sf - 30,000sf or 10 - 30 units >30,000sf or 30 units

Building Permit Layout Plan

Building Permit Layout Plan

Building Permit Layout Plan

Layout Plan

Layout Plan

Layout Plan Site Plan, Minor

Density

Height

<40f 40f+

Building Permit Layout Plan Site Plan, Minor Building Permit

Building Permit Layout Plan Site Plan, Minor Building Permit

Building Permit Layout Plan Site Plan, Minor Building Permit N/A

Site Plan, Site Plan, Minor Minor Conditional Use Permit, minor Conditional Use Permit, Major Layout Plan Layout Plan Site Plan, Minor Site Plan, Major Layout Plan Site Plan, Minor Site Plan, Minor Layout Plan Layout Plan Site Plan, Minor Site Plan, Major Layout Plan Site Plan, Minor Site Plan, Major Site Plan, Minor Layout Plan

Layout Plan Site Plan, Minor Site Plan, Major Layout Plan Site Plan, Minor Site Plan, Major Site Plan, Minor Layout Plan

Development Plan followed by Site Plan(s), Major

Development Plan followed by Site Plan(s), Major Development Plan followed by Site Plan(s), Major

Adjacent Zone

Rural, RE, RLD, RMD

Building Permit

Building Permit

Building Permit

RHD, PD CR, I, PD
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Example, a standard method development in the RHD zone requesting permitted uses, 24 units, 50' height, adjacent to RHD- and CR-zoned land must file a minor site plan application because it is the most intense application type (required by the # of units and height).

New Organizational Feature

Application Type

Submittal Requirements
Conceptual Building Massing & Height Plan Existing Site Conditions and Vicinity Survey

Conceptual Open Space & Amenities Plan

Approved SWM Concept (or exemption)

Detailed Building, Circulation, & Parking

Detailed Open Space & Landscape Plan

Conceptual Circulation & Parking Plan

Approved NRI/FSD (or exemption)

Justification Statement

Building Permit Layout Plan Minor Site Plan Major Site Plan Minor Cond. Use Permit Major Cond. Use Permit Sketch Plan Development Plan

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Development Program
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Narrative Description

Phasing Concept

Layout

Plat

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Div. 6.4. Nonconformities

New- consolidated into one section

Sec. 6.4.1. Nonconforming Uses

A. Continuation B. Extension C. Change of Use D. Abandonment of Use E. Reconstruction F. Nonconforming Use Certification G. Opportunity Housing Project H. Swimming Pools for Motels I. Continuation of Noncomplying Multifamily Dwellings J. Portions of Takoma Park Annexed into Montgomery County in 1997 K. Termination of Noncomplying Multifamily Dwellings

Sec. 6.4.2. Nonconforming Buildings or Structures

A. Continuation B. Structural Alterations C. Repair of Dwellings on Floodplains D. Nonconformity Through Public Taking
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E. Variances Not Nonconforming F. Alteration of a Nonconforming One-Family Dwelling G. Residential Lots Reclassified from R-60 to R-90 H. Housing Projects Constructed Before 1945

Sec. 6.4.3. Nonconforming Lots of Record

A. Buildable Lot Under Previous Ordinance B. Resubdivision of R-60 Lots C. One-Family Dwelling D. Resubdivision of Lots With Dwellings

Sec. 6.4.4. Nonconforming Site Elements

Sec. 6.4.5. Reservation of Authority

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Div. 6.5. Inspection & Enforcement

Sec. 6.5.1. Responsibility
A. Permitting Services Director B. Planning Board

Sec. 6.5.2. Violations and Penalties

A. Violations B. Revocation and Suspension C. Civil Fines

Sec. 6.5.3. Site Plan Enforcement

Sec. 6.5.4. Conditional Use Permit Enforcement

A. Inspection of Operations B. Review on Transfer of Land Ownership C. Complaints D. Abandonment E. Show Cause Hearing for Revocation

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Sec. 6.5.5. Sign Permit Enforcement

A. Assignment of Responsibility B. Removal of Signs

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