§ 27-143. Applications.

(a)

General.

(1)

An application for a Zoning Map Amendment to a conventional zone shall be filed with the Planning Board by the owner (or authorized representative) of the property. The District Council may suspend the filing of applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.

(2)

No application may be filed for the C-1 and C-2 Zones (including extending existing zones) after October 30, 1970.

(3)

No application may be filed for the C-C, C-G, or C-H Zones (including extending existing zones) after March 1, 1977. (If such an application was filed prior to this date, but has not yet been decided by the District Council, it may still be considered for the requested zone or amended to request the C-O, C-A, C-S-C, or C-M Zone.)

(4)

No application shall be filed requesting more than one (1) zone.

(5)

All applications shall be on the forms provided. All information shall be typed, except for signatures.

(6)

If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated only by a public right-of-way, stream bed, or the like.

(7)

An application for a Zoning Map Amendment to the R-O-S Zone shall be filed by the appropriate public agency within six (6) months of the conveyance of property purchased with State Program Open Space funds, unless it can be demonstrated that there is a more appropriate zoning category for the land based on its intended future use, or unless the public agency has a need to maintain certain properties, or portions of properties, in a more intense zoning category. This requirement shall apply to any land received by a public agency as described above, following the approval of the Sectional Map Amendment initiated solely for the consideration of the R-O-S Zone pursuant to Section 27-221(c). If land purchased with Program Open Space funds that has been placed in the R-O-S Zone is subsequently disposed of for the purpose of construction of a public facility, the value of the property, for the purpose of compensation of the agency, shall be based on the original purchase price.

(8)

No application may be filed for the R-O-S Zone if any existing use on the property, with the exception of a publicly-owned use, would become nonconforming as a result of noncompliance with the required minimum net lot area as set forth in Section 27-442(b).

(9)

No application may be filed for the R-T Zone (including extending existing zones) after December 30, 1996, unless:

(A)

The proposed development on the property to be rezoned to R-T will consist only of one-family attached metropolitan dwelling units; or

(B)

The property to be rezoned to R-T is located within a mixed-use activity center designated as a "Transit Village" in the applicable Area Master Plan.

(10)

The reclassification, through a Zoning Map Amendment, of property located partially or completely within the Safety Zones of the Military Installation Overlay Zone is subject to the following conditions:

(A)

No land in the Safety Zones of the M-I-O Zone shall be rezoned to a more-intense residential zone.

(B)

No land in the Safety Zones of the M-I-O Zone shall be rezoned to the R-30, R-30C, R-18, R-18C, R-10A, R-10, or R-H Zones.

(C)

No land in the Safety Zones of the M-I-O Zone shall be placed in the M-U-I, M-X-T, M-X-C, or M-U-TC Zones.

(D)

No land in the Safety Zones of the M-I-O Zone shall be placed in a Comprehensive Design Zone.

(E)

No land in the Safety Zones of the M-I-O Zone shall be placed in an Urban Center District pursuant to Subtitle 27A of this Code.

(b)

Contents of application form.

(1)

The following information shall be included on the application:

(A)

The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;

(B)

The existing and requested zoning classifications of the property;

(C)

The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;

(D)

The total area of the property (either in acres or square feet);

(E)

The property's lot and block numbers, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;

(F)

The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation; and

(G)

The name, address, and telephone number of the correspondent.

(c)

Other submission requirements.

(1)

Along with the application, the applicant shall submit the following:

(A)

Four (4) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

(i)

The present configuration of the property, including bearings and distances (in feet);

(ii)

The names of owners of record, or subdivision lot and block numbers, of adjoining properties;

(iii)

The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;

(iv)

The (subdivision) lot and block number of the subject property (if any);

(v)

A north arrow and scale (no smaller than one (1) inch equals four hundred (400) feet);

(vi)

The total area of the property (in either square feet or acres);

(vii)

The location of all existing buildings on the property; and

(viii)

The subject property outlined in red.

(B)

Four (4) copies of the Zoning Map page on which the property is plotted to scale and outlined in red;

(C)

Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and factual reasons showing why approval of the request will not be detrimental to the public health, safety, and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be no larger than eighteen (18) by twenty-four (24) inches;

(D)

A statement listing the names, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the subject property;

(E)

If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;

(F)

If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);

(G)

A list containing the names and addresses of all adjoining property owners and the owners of those properties directly across a street, alley, or stream, and, if any part of the property which is the subject of the application is located within a municipality, the name and address of the municipality, as well as the name and address of all municipalities located within one (1) mile of the subject property, and a set of preaddressed envelopes or mailing labels; and

(H)

Any other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board (submitted in triplicate).

(2)

For the purposes of (D), (E), and (F) above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(CB-107-1984; CB-33-1985; CB-128-1989; CB-95-1991; CB-73-1994; CB-76-1995; CB-55-1996; CB-33-2005; CB-37-2006; CB-42-2015)