§ 27-176. 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)

Required considerations by District Council.

(1)

In its review of the Map Amendment request, the District Council shall consider the same elements which the Planning Board must consider if it hears the case (Section 27-171).

(2)

The Council shall also find that:

(A)

The area will be large enough to permit the development of a complete community or neighborhood, which has a range of dwelling types; local shopping facilities and off-street parking lots; parks and playgrounds; educational facilities (if necessary); and business and industry to provide local employment opportunities in harmony with the General Plan; and

(B)

The area will be adaptable to complete community development, because: it is bounded by major thoroughfares, streets, railroads, or other external barriers; and (as far as possible) will not have any major thoroughfare or other physical feature running through it which will destroy the community cohesiveness.

(c)

Conditional approval.

(1)

When it approves the Zoning Map Amendment, the District Council may impose reasonable requirements and safeguards (in the form of conditions) which it 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 zoning subcategories of the R-P-C 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 R-P-C 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.

(d)

Noncompliance with conditions.

(1)

All conditions imposed shall be mandatory. The failure to comply with any conditions 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 District 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. After the close of the hearing record, the Zoning Hearing Examiner shall file a written 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.

(e)

Approval of a zone different from that requested.

(1)

The District Council may approve a less intense zone than the R-P-C Zone for any part of the 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 such 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.

(f)

Effect on Special Exceptions.

(1)

When any land upon which a Special Exception has been approved is reclassified to an R-P-C Zone subcategory different from that zone or subcategory 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 approval of a Special Exception in the new subcategory, and the specific Special Exception requirements governing the use are the same in both instances, the Special Exception, as approved, shall remain in full force and effect (unless modified on the Tentative Plan of Development).

(B)

If, at the time of the rezoning, the approved use is not permitted in the new subcategory, 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 paragraph 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 subcategory, 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 subcategory 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 subcategory without the approval of a Special Exception, the Special Exception shall terminate, and all provisions of the new subcategory shall apply to further use and development of the property.

(CB-120-1984; CB-50-1984; CB-33-1985; CB-56-1993; CB-55-1997; CB-1-2004; CB-67-2005; CB-29-2014)