§ 27-158. In general.

(a)

Land originally classified in the R-P-C Zone before January 1, 1969, is subject to the following amendment guidelines:

(1)

Land may be reclassified to the R-P-C Zone through the adoption of a Sectional Map Amendment. The Area Master Plan and corresponding Sectional Map Amendment approved and adopted after January 1, 1989, shall be the Official Plan for land in the R-P-C Zone. During the Sectional Map Amendment process, land may be rezoned to or from the R-P-C Zone if:

(A)

The property was originally classified in the R-P-C Zone before January 1, 1969;

(B)

The land to be rezoned R-P-C abuts an existing R-P-C zoned parcel;

(C)

It involves a change from one zoning subcategory to another; or

(D)

It is to rezone a parcel of land from the R-P-C Zone to another zoning category.

(2)

A Zoning Map Amendment Application to amend an Official Plan approved after January 1, 1989, may be accepted for processing if:

(A)

The requested amendment involves a change from one zoning subcategory to another;

(B)

It involves an expansion of an existing R-P-C Zone onto, or to encompass, abutting land; or

(C)

It is a request to rezone an R-P-C Zone to another zoning category.

(3)

The Planning Board may approve a proposed amendment to the Official Plan through approval of a Detailed Site Plan, processed in accordance with Part 3, Division 9, of this Subtitle, when it does not involve a change in any zoning subcategory shown on the Official Plan.

(4)

Notwithstanding any provision in this Subtitle to the contrary, approval of an Official Plan through the adoption of a Sectional Map Amendment shall constitute certification of all nonconforming uses for those uses in existence in the R-P-C Zones as of the date of approval that do not conform to the current requirements of this Subtitle applicable to such uses, provided that any permits required for such uses were issued prior to the date of approval.

(b)

Land originally classified in the R-P-C Zone after January 1, 1969, is subject to the following amendment guidelines:

(1)

After January l, 1983, no existing R-P-C Zone shall be enlarged, and no application may be filed requesting reclassification to the R-P-C Zone from some other zone; however, Official Plans (Section 27-178) may be amended. Under certain circumstances, the amendment shall be considered as a reclassification and be subject to the Zoning Map Amendment procedures contained in this Subdivision. Other types of amendments involve a simpler procedure. These differences are as follows:

(A)

Requests for amendment of an Official Plan (or portion of it), except those amendments addressed in later paragraphs of this Section, shall follow the same procedure as when applying for a Zoning Map Amendment (Sections 27-159 through 27-177, below).

(B)

Amendments of an Official Plan (or portion of it) shall either follow the procedures for a Map Amendment (Sections 27-159 through 27-177, below) or be accomplished through Council action on a Sectional Map Amendment, except as hereinafter provided.

(C)

Amendments of an Official Plan (or portion of it) may be approved by the Planning Board when the amendment does not involve a change in any zoning subcategory shown on the adopted Official Plan, and the property was originally reclassified to the R-P-C Zone between January 1, 1969, and October 17, 1989. In this case the applicant shall submit a new Official Plan to the Planning Board for review, and shall pay a fee to the Planning Board to offset the cost of the review. The fee shall be the same as would be applied to a Conceptual Site Plan (Section 27-273(c)). The proposed amended Official Plan shall not increase the density approved by the Official Plan and must be found compatible with the surrounding property including existing land in the R-P-C Zone.

(D)

The following procedures shall apply to the requests for amendments authorized in subparagraph (C), above:

(i)

The request shall be in writing.

(ii)

The request shall be accompanied by the proposed amendment of the Official Plan showing the land area involved, points of ingress and egress, parking layout (if applicable), and all other improvements proposed on the property.

(iii)

The proposed amendment shall be reviewed by the Technical Staff, which shall make a recommendation to the Planning Board.

(iv)

The Planning Board shall hold a public hearing on the request, after which it shall take action on the proposed amendment.

(v)

The Planning Board shall approve, approve with modification, or disapprove the proposed amendment of the Official Plan and shall state its reasons for the action.

(vi)

The Planning Board's decision shall be embodied in a resolution adopted at a regularly scheduled public meeting, a copy of which shall be sent to all persons of record (in the Official Plan amendment hearing) and the District Council.

(vii)

The Planning Board's decision may be appealed to the District Council upon petition of any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.

(viii)

The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the proposed Official Plan amendment, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the proposed Plan amendment, and any additional information or explanatory material deemed appropriate.

(ix)

The District Council shall schedule a public hearing on the appeal or review. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board.

(x)

Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the proposed Official Plan amendment to the Planning Board to take further testimony or reconsider its decision. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed.

(xi)

The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.

(CB-89-1984; CB-120-1984; CB-33-1985; CB-44-1986; CB-134-1988; CB-146-1989; CB-1-2004)