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.

Pre-Application Conference: Required under new Zoning Ordinance for Major Departures and optional for Minor Departures. 

Pre-Application Neighborhood Meeting: Required under new Zoning Ordinance for Major Departures and optional for Minor Departures.

Subdivision and Development Review Committee (SDRC): Departure applications may be referred to the SDRC, at the discretion of the section Supervisor or at the request of the applicant.

Decision-Making Body: 

Minor Departures: Planning Director

Major Departures: Planning Board

Minor Administrative Waivers or Modifications to Development Standards: Planning Director or DPIE Director

Public Notice Requirement: 

Minor Departures: Signposting 15 days prior to the date of the Planning Director’s decision; no mailing requirements except for appeal hearing. 

Major Departures: Signposting at the subject site is required 30 days prior to the hearing, and Mailing is required 14 days prior to the hearing to: 

• Parties of record 
• Owners of land adjoining, across the street from, on the same block as, or within 500 feet of the land subject to the application
• Every municipality located within one mile of the land subject to the application

Estimated Review Time: 4 months

Departure Types:

• Minor Departure
• Major Departure 
• Minor Administrative Waivers or Modifications to Development Standards

Application Instructions

The new Zoning Ordinance and Subdivision Regulations go into effect on April 1, 2022. For a period of two years (until March 31, 2024), Applicants have the option to submit under the requirements of either the new or prior Ordinance. [Note: Review under the prior Ordinance requires a Pre-Application Conference and Statement of Justification to explain why the applicant has not chosen to develop under the provisions of the new Ordinance.]

Any application accepted prior to the effective date of the new Ordinance will be reviewed and decided in accordance with the provisions of the prior Ordinance. See the Transitional Provisions Quick Reference for more information.

Find application materials below separated per the applicable Ordinance.