§ 27-195. Map Amendment approval.

(a)

In general.

(1)

The District Council may approve or deny the application (including the Basic Plan). Approval shall be an approval of the general land use types; range of dwelling unit densities, including the base, minimum, and maximum densities; and commercial/industrial intensities, general circulation pattern, general location of major access points and land use relationships shown on the Basic Plan. Whenever an applicant designates a limitation of uses within an application, the District Council may approve specific land use types and their general locations within the development, in accordance with the applicant's designation, as part of its approval of the Basic Plan, in order to ensure overall compatibility of land use types within the proposed development and with surrounding land uses. Such an approval by the District Council shall become a part of the approved Basic Plan. The District Council may also specify certain planning and development matters (known as "considerations") for the Planning Board and Technical Staff to consider in later Comprehensive Design Plan, Specific Design Plan, or subdivision plat review. The specifics of the considerations shall be followed, unless there is a clear showing that the requirement is unreasonable under the circumstances.

(2)

The finding by the Council of adequate public facilities shall not prevent the Planning Board from changing or modifying this finding during its review of Comprehensive Design Plans, Specific Design Plans, or subdivision plats. The Planning Board shall, at each phase of plan or subdivision review, find that the staging of development will not be an unreasonable burden on available public facilities or violate the planning and development considerations set forth by the District Council in the approval of the Basic Plan.

(3)

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

(4)

In the approval of a Basic Plan in the V-M and V-L Zones, the District Council shall find that a variety of types of dwelling units shall be constructed at each stage of development, and that the storefront, civic, and recreational uses are staged to coincide with the initial stages of development.

(b)

Criteria for approval.

(1)

Prior to the approval of the application and the Basic Plan, the applicant shall demonstrate, to the satisfaction of the District Council, that the entire development meets the following criteria:

(A)

The proposed Basic Plan shall either conform to:

(i)

The specific recommendation of a General Plan map, Area Master Plan map; or urban renewal plan map; or the principles and guidelines of the plan text which address the design and physical development of the property, the public facilities necessary to serve the proposed development, and the impact which the development may have on the environment and surrounding properties; or

(ii)

The principles and guidelines described in the Plan (including the text) with respect to land use, the number of dwelling units, intensity of nonresidential buildings, and the location of land uses.

(B)

The economic analysis submitted for a proposed retail commercial area adequately justifies an area of the size and scope shown on the Basic Plan;

(C)

Transportation facilities (including streets and public transit) (i) which are existing, (ii) which are under construction, or (iii) for which one hundred percent (100%) of the construction funds are allocated within the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, or will be provided by the applicant, will be adequate to carry the anticipated traffic generated by the development based on the maximum proposed density. The uses proposed will not generate traffic which would lower the level of service anticipated by the land use and circulation systems shown on the approved General or Area Master Plans, or urban renewal plans;

(D)

Other existing or planned private and public facilities which are existing, under construction, or for which construction funds are contained in the first six (6) years of the adopted County Capital Improvement Program (such as schools, recreation areas, water and sewerage systems, libraries, and fire stations) will be adequate for the uses proposed;

(E)

Environmental relationships reflect compatibility between the proposed general land use types, or if identified, the specific land use types, and surrounding land uses, so as to promote the health, safety, and welfare of the present and future inhabitants of the Regional District.

(2)

Notwithstanding subparagraphs (C) and (D), above, where the application anticipates a construction schedule of more than six (6) years (Section 27-179), public facilities (existing or scheduled for construction within the first six (6) years) will be adequate to serve the development proposed to occur within the first six (6) years. The Council shall also find that public facilities probably will be adequately supplied for the remainder of the project. In considering the probability of future public facilities construction, the Council may consider such things as existing plans for construction, budgetary constraints on providing public facilities, the public interest and public need for the particular development, the relationship of the development to public transportation, or any other matter that indicates that public or private funds will likely be expended for the necessary facilities.

(3)

In the case of an L-A-C Zone, the applicant shall demonstrate to the satisfaction of the District Council that any commercial development proposed to serve a specific community, village, or neighborhood is either:

(A)

Consistent with the General Plan, an Area Master Plan, or a public urban renewal plan; or

(B)

No larger than needed to serve existing and proposed residential development within the community, village, or neighborhood.

(4)

In the case of a V-M or V-L Zone, the applicant shall demonstrate to the satisfaction of the District Council that the commercial development proposed to serve the village is no larger than needed to serve existing and proposed residential development within and immediately surrounding the village, within the parameters of Section 27-514.03(d)(1)(A).

(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 the 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, except as provided in subparagraph (a)(1), above.

(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 approved 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 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 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 District 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.

(e)

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 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 such 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 a zoning category different from that 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 all 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 zoning category, 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 zoning category, 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 the approval of a Special Exception, the Special Exception shall not terminate, and the provisions of Part 4, Division 1, Subdivisions 10, 11, and 12 shall remain in effect. However, when a Specific Design Plan for the Comprehensive Design Zone is approved by the Planning Board for the subject property, 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-122-1986; CB-72-1987; CB-18-1990; CB-36-1990; CB-84-1990; CB-53-1991; CB-10-1992; CB-56-1993; CB-30-1996; CB-47-1996; CB-1-2004; CB-29-2014)