Administrative Modification of Special Exceptions Filed or Granted Before October 30, 2014
Section 59-G-1.3(c) (Montgomery County Code, 2004, as amended) provides, with respect to modification of special exceptions:
If the proposed modification is such that the terms or conditions could be modified without substantially changing the nature, character or intensity of the use and without substantially changing the effect on traffic or on the immediate neighborhood, the Board, without convening a public hearing to consider the proposed change, may modify the term or condition.
Modification of a special exception (conditional use) without a public hearing is called administrative or minor modification.
Information Required for Administrative Modification
1. Letter detailing the modification request (original plus 10 copies). [NOTE: If architectural drawings or plans are submitted, 2 copies are required, one copy will be included in the special exception case file and one copy will be forwarded to the Department of Permitting Services, if more than 3 documents are submitted, please include a list identifying the documents.]
2. List of abutting and confronting property owners. [This information is available from the Maryland Department of Assessments and Taxation 40 West Gude Drive, Suite 400, Rockville, MD 20850, Phone: 240-314-4510].
3. Filing fee – 10% of the prevailing fee for the use, with a minimum of $500. Please make checks payable to Montgomery County.
If the Board of Appeals grants an administrative modification, Section 59-G-1.3(c)(1) provides:
A copy of the Board’s resolution must be transmitted to the petitioner, the Planning Commission, the Department, the Department of Finance, all parties entitled to notice a the time of the original filing, and current adjoining and confronting property owners. The resolution must state that any party may, within 15 days after the Board’s resolution is mailed, request a public hearing on the Board’s action. The request must be in writing, and must specify the reasons for the request and the nature of the objections or relief desired. If a request for a hearing is received, the Board must suspend its decision and conduct a public hearing to consider the action taken.
Major Modifications of Conditional Uses (Special Exceptions) Filed or Granted Before October 30, 2014
Forms to apply for a major modification of a conditional use (special exception) are available to download on this website. It is also helpful to visit the office of the Board of Appeals to go over the application forms. The staff will advise you how to complete the application, what fees you must pay, and what documents you need to submit at the time of filing. When you submit your completed application, you will need a check, payable to Montgomery County, for the filing fee and the sign fee.