PLANNING AND COMMUNITY DEVELOPMENT

 

VARIANCES

INTAKE

  1. The Department of Planning and Community Development provides application forms, instructions and assistance as necessary (by mail, phone or in-person).

  2.  The Applicant submits completed application and payment.

  3. A meeting must be scheduled between the applicant and a planner to review the completed application prior to processing application & fee.

  4.  At the meeting with the applicant, planning staff verifies:

    • Request
    • Requirements
    • Accuracy of Site Plan
    • Accuracy of Adjoining Property Owners
    • Number of Signs needed, if necessary
    • Availability of applicant for Public Hearing
  5. The planning staff approves application for processing.

PROCESSING

  1. The Clerk to the Board of Appeals assigns case number, logs into record, sets up file.

  2. The assigned planner reviews the application, prepares a staff report and schedules the case for a public hearing. 

  3. The Clerk sends public hearing notices (notices to applicant, abutting property owners and referring agency or department must be sent by certified mail (copy of plan attached) with return receipt requested; notices to civic association, M-NCPPC and the City Attorney may be sent by regular mail).  The notice is posted on the City’s bulletin board in the Municipal Building.  Legal advertisement is placed in the Greenbelt News Review appearing not less than 5 days prior to the date of the hearing.

  4. For non-residential property, notice of hearing sign must be posted on the property at least 15 days prior to the Public Hearing.  The applicant must take a photograph of the sign, indicate the date posted, and file a written affidavit in the record to document posting of the property.

  5. The assigned planner prepares the Board of Appeals agenda to include public hearing and confirms attendance by the City Attorney (if required).

 

PUBLIC HEARING & RECOMMENDATION (RESOLUTION)

  1.  The Board of Appeals holds a public hearing in accordance with adopted Rules and Procedures.

  2. The Board of Appeals closes the record and makes a recommendation based on a majority of Board members present or holds the record open to receive additional evidence.  If public hearing is continued to a specified date, time and place, no further notice needs to be given.  If not, send notices by certified mail to all persons of record of new hearing date.

  3. Staff prepares a recommendation (draft resolution) for Board of Appeals approval, which is sent to the City Council and all persons of record.

  4. The application is placed on hold until the end of the exception/oral argument period (15 days after receipt of notice).

  5. The City Clerk notifies the Board of Appeals, through the Department of Planning and Community Development, of any exceptions and/or requests for oral argument filed.

 

FINAL DECISION

    1. If no exceptions are filed with the City Council or Oral Argument requested by City Council, the City Clerk schedules the recommendation (resolution) for approval by City Council at the next regular City Council meeting.  Notice of the Final Decision is sent to all persons of record by regular mail service by the Department of Planning and Community Development.

    2. If exceptions are filed, the Department of Planning and Community Development forwards a copy of the case record to the City Council and the City Clerk within seven days.  The City Clerk schedules a hearing before the City Council giving all persons of record and the Board of Appeals at least seven days notice.

    3. At the close of the hearing, the City Council must accept, deny or modify the recommendation of the Board of Appeals or return the application to the Board of Appeals for reconsideration.

    4. The City Clerk sends written decision of the City Council to all parties of record, Board of Appeals, M-NCPPC and the District Council.

    5. An appeal of a decision of the City Council can be made to the Circuit Court within thirty (30) days of the date the written decision is mailed.

    FILING INSTRUCTIONS--PLEASE DOWNLOAD AND FOLLOW THESE INSTRUCTIONS FOR FILING APPLICATION PACKAGE.

    APPLICATION FOR VARIANCE - FILLABLE PDF. PLEASE FILL OUT AND PRINT
    AND SUBMIT AS PART OF THE APPLICATION PACKAGE.