§ 27-530. Amendments.

(a)

All amendments of approved Specific Design Plans shall be made in accordance with the provisions of this Division for initial approval, except as set forth below.

(b)

The Planning Director is authorized to approve limited minor amendments administratively, without public hearing, to an approved Specific Design Plan, in accordance with the requirements of this subsection.

(1)

The Planning Director may approve a minor amendment upon written finding that the proposed amendment is in keeping with the design characteristics of the approved Specific Design Plan and is limited in scope and nature, to include the following:

(A)

An increase of no more than ten percent (10%) in the gross floor area of a building;

(B)

An increase of no more than ten percent (10%) in the land area covered by a structure other than a building;

(C)

The redesign of parking or loading areas;

(D)

The redesign of a landscape plan;

(E)

New or alternative architectural plans that are equal or superior to those originally approved, in terms of overall size and quality;

(F)

Changes required by engineering necessity to grading, utilities, stormwater management, or related plan elements; or

(G)

Changes to any other plan element determined by the Planning Director to have minimal effect on the overall design, layout, quality, or intent of the approved Specific Design Plan.

(2)

The Planning Director is not authorized to administratively approve minor amendments that:

(A)

Add or delete a land use, as uses are shown on the approved plan;

(B)

Relocate significantly an approved land use;

(C)

Increase the density or intensity of uses shown on the approved plan;

(D)

Grant variances;

(E)

Modify conditions, considerations, or other requirements imposed by the Planning Board or District Council in any case; or

(F)

Otherwise waive any other requirement of this Subtitle not authorized by this Section.

(3)

Before approving a minor amendment, the Planning Director shall make all findings, in writing, that the Planning Board would be required to make if the Planning Board reviewed the application.

(4)

The applicant's property shall be posted within ten (10) days of the Planning Director's acceptance of filing of the application. Posting shall be in accordance with Part 3, Division 1 of this Subtitle, including Section 27-125.03(b) of this Subtitle. On and after the first day of posting, the application may not be amended unless the revised application is posted as if a new application.

(5)

The Planning Director may waive posting after determining, in writing, that the proposed minor change is so limited in scope and nature that it will have no appreciable impact on adjacent property.

(6)

If a written request for public hearing is not submitted within the posted time period, then the Planning Director may act on the application. The Planning Director's approval or denial shall constitute final action on the application, subject to any authorized appeal filed pursuant to the requirements set forth within Subsection (d) of this Section. Electronic notice of any approval or denial as to the application shall be made by the Planning Director not later than seven (7) calendar days after the date of the Director's approval. The Planning Director shall also publish the development activity report on the Planning Department's website.

(7)

If a timely hearing request is submitted, or if the Planning Director declines to consider the application, then the application shall be treated as if re-filed as an application for review by the Planning Board on the date of that event. The applicant, Planning Director, and Technical Staff shall then follow the procedures applicable to Planning Board review of the application.

(c)

A minor amendment to an approved Specific Design Plan for the purpose of making home improvements may be requested by a homeowner (or authorized representative) and approved by the Planning Director (or designee), in accordance with the following procedures:

(1)

Filing. The applicant shall submit a site plan and any other material deemed necessary to properly detail the requested modifications.

(2)

Fee. At the time the application is filed, the applicant shall pay a fee to cover the costs of processing the request. The fee shall be established by the Planning Board. In cases of financial hardship, the fee may be waived by the Planning Board.

(3)

Criteria for granting minor amendments. A minor amendment may only be granted if the requested modifications:

(A)

Are located within the approved Comprehensive Design Plan building lines and setbacks or any approved amendments to the Comprehensive Design Plan;

(B)

Are in keeping with the architectural and site design characteristics of the approved Specific Design Plan; and

(C)

Will not substantially impair the intent, purpose, or integrity of the approved Comprehensive Design Plan.

(d)

Appeal.

(1)

The decision of the Planning Director (or designee) may be appealed to the Planning Board. Application for appeal may be made when it is claimed that the true intent of the Comprehensive and Specific Design Plans or of this Subtitle have been incorrectly interpreted or applied. Notice of such appeal shall be in writing and filed within thirty (30) days after the decision is rendered by the Planning Director.

(2)

Hearing. The Planning Board shall conduct a hearing pursuant to its Rules of Procedure.

(3)

Findings.

(A)

The Planning Board may grant the minor amendment in accordance with the criteria set forth in Subsections (b) and (c), above.

(B)

The Planning Board shall approve, approve with modification, or disapprove the requested amendments, and shall state its reasons for the action. The Planning Board's decision (resolution) on the minor amendment shall be sent to all persons of record in the hearing before the Planning Board.

(e)

In the event that a minor amendment requires an amendment of both the approved Comprehensive Design Plan and Specific Design Plan, the amendment shall be combined and processed in accordance with the provisions of Section 27-524.

(CB-36-1989; CB-27-2018)