§ 27-157. Map Amendment approval.

(a)

Change/Mistake rule.

(1)

No application shall be granted without the applicant proving that either:

(A)

There has been a substantial change in the character of the neighborhood; or

(B)

Either:

(i)

There was a mistake in the original zoning for property which has never been the subject of an adopted Sectional Map Amendment; or

(ii)

There was a mistake in the current Sectional Map Amendment.

(b)

Conditional approval.

(1)

When it approves a Zoning Map Amendment, the District Council may impose reasonable requirements and safeguards (in the form of conditions) which the Council finds are necessary to either:

(A)

Protect surrounding properties from adverse effects which might accrue from the Zoning Map Amendment; or

(B)

Further enhance the coordinated, harmonious, and systematic development of the Regional District.

(2)

In no case shall these conditions waive or lessen the requirements of, or prohibit uses allowed in, the approved zone.

(3)

All building plans shall list the conditions and shall show how the proposed development complies with them.

(4)

Conditions imposed by the District Council shall become a permanent part of the Zoning Map Amendment, and shall be binding for as long as the zone remains in effect on the property (unless amended by the Council).

(5)

If conditions are imposed, the applicant shall have ninety (90) days from the date of approval to accept or reject the rezoning as conditionally approved. He shall advise (in writing) the Council, accordingly. If the applicant accepts the conditions, the Council shall enter an order acknowledging the acceptance and approving the Map Amendment, at which time the Council's action shall be final. Failure to advise the Council shall be considered a rejection of the conditions. Rejection shall void the Map Amendment and revert the property to its prior zoning classification. The Council shall enter an order acknowledging the rejection, voiding its previous decision, and reverting the property to its prior zoning classification, at which time the Council's action shall be final.

(6)

All Zoning Map Amendments which are approved subject to conditions shall be shown on the Zoning Map with the letter "C" after the application number.

(c)

Noncompliance with conditions.

(1)

All conditions imposed shall be mandatory. The failure to comply with any condition shall constitute a zoning violation and shall be grounds for the Council to:

(A)

Annul the Map Amendment;

(B)

Revoke a use and occupancy permit;

(C)

Institute appropriate civil or criminal proceedings; or

(D)

Institute any other action necessary to obtain compliance.

(2)

Before the Council annuls an approved conditional Zoning Map Amendment, the Zoning Hearing Examiner shall hold a public hearing, in accordance with Section 27-129, and transmit a written recommendation on the matter. The following procedures shall be followed:

(A)

A petition shall be filed with the Clerk of the Council by the Director of the Department of Permitting, Inspections, and Enforcement (or his designee) requesting the Council to annul the Zoning Map Amendment. The petition shall state the reasons for the request. At the same time, a copy of the petition shall be sent to the Planning Board.

(B)

The Planning Board shall submit a written recommendation on the petition to the Council.

(C)

After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.

(D)

Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.

(E)

Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.

(d)

Approval of a zone different from that requested.

(1)

The District Council may approve a less intense zone than that requested by the applicant for any part of the subject property involved in the application.

(2)

If the subject property is located within the boundaries of a municipality, a less intense zone may only be approved if there was testimony on the less intense zone before the Zoning Hearing Examiner, and an opportunity given for the municipality to make a recommendation. If there was no testimony or opportunity, the application shall be remanded to the Zoning Hearing Examiner for this purpose (Section 27-133). Upon remand, the Hearing Examiner shall notify all persons of record and any municipality in which the property is located. The Hearing Examiner shall conduct further hearings if the case warrants.

(e)

Where the property proposed for the Zoning Map Amendment is located within the Resource Conservation Overlay Zone, no Commercial or Industrial Zone shall be granted for the subject property.

(f)

Effect on Special Exceptions.

(1)

When any land upon which a Special Exception has been approved is reclassified to a zoning category different from that category in which it was classified at the time the Special Exception was approved, the following shall apply:

(A)

If, at the time of the rezoning, the approved use requires the approval of a Special Exception in the new zone, and the specific Special Exception requirements governing the use are the same in both zones, the Special Exception, as approved, shall remain in full force and effect.

(B)

If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this Subparagraph shall be subject to Part 4, Division 1, Subdivisions 10, 11, and 12.

(C)

If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.

(D)

If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a Special Exception, the Special Exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property.

(CB-50-1984; CB-33-1985; CB-72-1987; CB-56-1993; CB-55-1997; CB-1-2004; CB-67-2005; CB-29-2014)