§ 27-324. Major changes.

(a)

The District Council may (for good cause) amend any imposed condition or approved site plan without requiring a new application if the amendment does not constitute an enlargement or extension of a Special Exception use.

(1)

In the case of an amendment of a condition (imposed as a part of the approval of a Special Exception), the amendment request shall be directed (in writing) to the District Council and filed with the Clerk of the Council. The Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-129. The Technical Staff shall analyze the proposed amendment and submit a report to the Zoning Hearing Examiner at least fourteen (14) days prior to the public hearing. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(2)

In the case of an amendment of an approved Special Exception site plan, the amendment request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit a revised site plan and shall pay the required fee. The Technical Staff shall analyze the proposed amendment, taking into consideration the requirements of this Subtitle, and shall submit (for the record) a recommendation. The recommendation and the proposed amendment shall be transmitted by the Technical Staff directly to the Zoning Hearing Examiner and the District Council at least fourteen (14) days prior to the public hearing on the request held by the Zoning Hearing Examiner in accordance with Section 27-129. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(b)

The District Council may permit the amendment of a site plan for a public utility use or structure (approved in accordance with Section 27-397) without requiring a new application if the Council finds that the amendment is necessary for the public convenience and service, and will not have an adverse impact on the area and adjacent property. The amendment may be an enlargement or extension of a building or structure but may not be an increase in total area or change in the configuration of the property. In this latter case, the request to amend shall be in the form of a Special Exception application filed with the Planning Board, in the same manner as required for an original application. The Technical Staff shall analyze the proposed amendment, taking into consideration the requirements of this Subtitle, and shall submit (for the record) a recommendation. The recommendation and the proposed amendment shall be transmitted by the Technical Staff directly to the Zoning Hearing Examiner and the District Council. The Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-129. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(CB-8-1984; CB-84-1990; CB-115-1991; CB-56-1993; CB-15-1994; CB-47-1996; CB-15-1998; CB-12-2003; CB-1-2004)