§ 27-198.04. Specific District Council procedures.

(a)

Public hearing and notice.

(1)

Except as indicated below, the District Council shall hold a public hearing on the proposed M-U-TC Zone within sixty (60) days following receipt of the Planning Board's recommendation. Notice of the date, time, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least thirty (30) days prior to the hearing date. In addition, written notice of the date, time, and place of the hearing shall be sent to all owners of land and any municipality lying (wholly or in part) within the proposed boundary, and to any municipality within one (1) mile of the proposed boundary.

(b)

Amendment of Planning Board proposal.

(1)

Prior to taking final action, the District Council may propose amendments to the M-U-TC Zone recommended by the Planning Board. The Council shall hold another public hearing on the amendments within sixty (60) days of the first hearing, except as provided in Subsection (b)(3), below. At least fifteen (15) days prior to the hearing, notice of the date, time, and place of the hearing on the proposed amendments shall appear at least one (1) time in the County newspapers of record. This same notice shall also be sent to all owners of land and any municipality lying (wholly or in part) within the proposed boundary, and to any municipality within one (1) mile of the proposed boundary.

(2)

All proposed amendments shall be referred to the Planning Board when they are proposed. The Planning Board shall submit written comments to the Council prior to, or at the time of, the public hearing on the amendments.

(3)

The District Council may amend the Planning Board's proposed M-U-TC Zone without an additional public hearing where the amendments are only to exclude property from the proposed rezoning.

(c)

Time for final action.

(1)

The Council shall take final action on the M-U-TC Zone at any time within thirty (30) days after the close of the final public hearing record, but not later than one hundred fifty (150) days after receipt of the recommendation from the Planning Board. If no final action is taken within this time period, the M-U-TC Zone shall be deemed disapproved.

(d)

Voting requirements.

(1)

The approval of an M-U-TC Zone shall be by Ordinance, and shall generally be by majority vote of the full Council. A two-thirds (2/3) majority vote of the full Council shall be required to override the recommendation of a municipality for any portion of the M-U-TC Zone which falls within the boundaries of the municipality.

(e)

Consideration with Sectional Map Amendment.

(1)

If an M-U-TC Zone is included in an SMA transmittal by the Planning Board, the District Council decision and any proposed amendments may be considered either in accordance with the applicable Sectional Map Amendment process or in accordance with Section 27-198.02 after final action on the Sectional Map Amendment.

(CB-2-1994; CB-79-2000)