Zoning Applications
The Zoning Section processes zoning map amendments, special exceptions, variances, special permits, certification of nonconforming uses, and departures. Zoning map amendments for mixed-use, comprehensive design, and traditional single-purpose developments establish the development potential for individual properties. Special exceptions and special permits are required for specific uses, and physical improvements must conform to an approved site plan. The certification process addresses uses that were established legally but are not currently permitted by existing zoning. Departures and variances provide modest relief from the strict requirements of the Zoning Ordinance, based upon the existence of unique physical characteristics or other extraordinary situations that could otherwise prohibit reasonable use of a property.
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Certification of Nonconforming Use (CNC)
Some land uses and/or structures in existence do not meet current zoning regulations. These uses or structures are known as nonconforming. Uses and structures that were initially conforming but are no longer conforming under the current regulations are considered to be grandfathered and allowed to remain as long as the use has not ceased for a period longer than 180 days. In order for a nonconforming use to continue, a use and occupancy permit must be issued identifying and certifying the use as nonconforming.
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Chesapeake Bay Critical Area - Conservation Plan
The Chesapeake Bay Critical Bay Area Overlay Zones are superimposed over the underlying zones to minimize adverse impacts on water quality and protect fish, wildlife, and plant habitats in and around the Chesapeake Bay. New development applications, such as Preliminary Plans of Subdivision and lot consolidations, in the Chesapeake Bay Critical Area Overlay Zones require approval of a Conservation Plan by Planning Board in order to ensure protection of water quality and habitats. Conservation Plans demonstrate how a project has been designed to meet the Chesapeake Bay Critical Area criteria. The Conservation Plan consists of a stormwater management concept plan, an erosion and sedimentation concept plan, a vegetation management plan, and such other plans relating to environmental systems.
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Chesapeake Bay Critical Area - Rezoning
A Chesapeake Bay Critical Area Overlay Rezoning is a Zoning Map Amendment used solely for the purpose of establishing or amending the County’s Chesapeake Bay Critical Area Overlay in accordance with County and state law, to protect the sensitive environmental resources of the Chesapeake Bay while also respecting the rights of landowners. Either the District Council, the Planning Board, or a property owner may initiate a Chesapeake Bay Critical Area Overlay Zoning Map Amendment.
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Departures (MND/MJD)
Departures allow for changes from the Development Standards to allow a development that is consistent with its context. Major Departures are decided by the Planning Board, while Minor Departures are decided by the Planning Director. Major Departures may be requested for the standards identified in Table 27-3614(b)(2), while Minor Departures may be requested for the standards identified in Table 27-3614(b)(1). A Variance may not be requested for a deviation for which a Major or Minor Departure may be requested in accordance with this subsection. Major Departures may not be granted to make changes to approved Planned Development Basic Plans, but Minor Departures may be granted to make minor changes to approved Planned Development Basic Plans.
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Planned Development
Planned Developments are project-specific zone regulations that encourage innovative land planning and site design concepts that support a high quality of life and achieve a high quality of development, environmental sensitivity, energy efficiency, and other County goals and objectives. PD's provide flexibility of zone standards that sometimes results from strict application of the zone development, form, and design standards established in the Ordinance.
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Revision of Site Plan (ROSP)
In the case when a property or structure has been granted a Special Exception, a Revision of Site Plan is required to alter the site, add or erect a structure, or change or add a new use. The site plan must be revised to show any new or altered site features or structures and associated uses to ensure compatibility with the previously-approved Special Exception.
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Special Exception (SPE)
A Special Exception (SE) is a use that is only permitted within a zoning district when subject to specific conditions. Applications for Special Exception require a site plan showing all proposed improvements. These applications are reviewed to ensure that the proposed use is compatible with surrounding uses and the neighborhood. Many Special Exceptions must also conform to a unique set of requirements defined in the Zoning Ordinance.
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Special Permit (SP)
Special Permits (SP) establish a review process for certain uses that have greater impacts in various zoning districts such as U-L-I and M-U-TC.
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Variance
A variance is a tool to obtain relief from the strict application of requirements such as building height, building setback, and yard requirements. The Board of Zoning Appeals may grant a variance upon a finding that there is some extraordinary circumstance or condition on the property that would warrant a waiver of a Zoning Ordinance requirement, or that strict application of the requirement would result in peculiar and unusual practical difficulties, or exceptional or undue hardship upon the owner.
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Zoning Map Amendment (ZMA)
A Zoning Map Amendment is a rezoning of one or more properties upon the request of the property owner or other applicant. Before approving a change of zone, the District Council must determine that there has either been a substantial change in the character of the neighborhood or that a mistake was made in the original zoning or the most recent Sectional Map Amendment.
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Permit Within Proposed Right of Way (ROW)
In some cases, an applicant may request a permit for the construction of a structure such as a sign, gas station canopy, parking lot, or site work within a planned future right-of-way, with the understanding that the right-of-way may eventually be built or expanded into the area. This process provides a review of these structures and determines if they are appropriate based on established standards.
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Zoning Ordinance Interpretation (ZOI)
Zoning Ordinance Interpretation (ZOI) is a new process to provide formal written interpretations of any provision of the Zoning Ordinance. Interpretations may be of either the ordinance text, zone boundary, compliance with conditions of approval, whether or not an unlisted use is comparable to a listed use (i.e. should it be allowed or prohibited in a zone), or other provisions of the Zoning Ordinance. ZOIs may be initiated by any person having a contractual interest in land in the County.
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