§ 27-198.05. Map Amendment approval; amendments.

(a)

Criteria for approval.

(1)

Prior to approving the M-U-TC Zone, the Council shall make the following findings:

(A)

The entire Map Amendment, including the Development Plan, is in conformance with the purposes and other requirements of the M-U-TC Zone;

(B)

Adequate attention has been paid to the recommendations of Area Master Plans and the General Plan which are found to be applicable to property within the proposed M-U-TC Zone;

(C)

An approved Master Plan recommends a mixed use town center zone or the area is demonstrated to be an older, substantially developed mixed-use community;

(D)

The Town Center Development Plan will provide a flexible regulatory environment that will support redevelopment and development interests in the area and protect the character of the older mixed use center; and

(E)

The M-U-TC Zone boundaries are contiguous with no land in a different zone remaining solely within the approved M-U-TC Zone boundaries.

(b)

Notice of approval.

(1)

Notice of the approval of an M-U-TC Zone shall be published by the Clerk of the Council at least one (1) time in the County newspapers of record, and shall be sent to the Planning Board.

(c)

Effect on pending applications.

(1)

Approval of the M-U-TC Zoning Map Amendment by the District Council shall constitute final action on all pending Zoning Map Amendment applications within the boundaries of the approved M-U-TC Zone.

(2)

If the District Council amends a proposed M-U-TC Zoning Map Amendment by modifying the boundaries of the proposed Zone in a manner that excludes land which is the subject of a pending Zoning Map Amendment application, the Planning Board and Zoning Hearing Examiner (as appropriate) shall resume the normal processing of, or return to the District Council, the pending Zoning Map Amendment application.

(3)

If an M-U-TC Zoning Map Amendment is disapproved by the District Council, the Planning Board and Zoning Hearing Examiner (as appropriate) shall resume the normal processing of, or return to the District Council, all pending Zoning Map Amendment applications upon which processing had ceased, or which were remanded to the Office of the Zoning Hearing Examiner in accordance with Section 27-198.02(e).

(d)

Amendment of approved Mixed-Use Town Center Zone.

(1)

In general.

(A)

A request to change the boundaries of an approved M-U-TC Zone, or to amend an approved Town Center Development Plan, may be made by a property owner or any municipality within which any portion of the zone is located. The request shall be in the form of an application.

(B)

Amendments to change the boundaries of an M-U-TC Zone shall be approved by the District Council in accordance with the provisions of this Subdivision for initial approval.

(2)

Application.

(A)

In general.

(i)

An application for an amendment to the M-U-TC Zone shall be filed with the Planning Board by the owner (or authorized representative) of the property or a municipality. The District Council may suspend the filing of applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.

(ii)

All applications shall be on the forms provided. All information shall be typed, except for signatures.

(iii)

If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.

(3)

Contents of application forms.

(A)

The following information shall be included on the application:

(i)

The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;

(ii)

The existing and requested zoning classifications of the property;

(iii)

The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;

(iv)

The total area of the property (in either acres or square feet);

(v)

The property's lot and block numbers, subdivision name, plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;

(vi)

The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation; and

(vii)

The name, address, and telephone number of the correspondent.

(4)

Other submission requirements.

(A)

Along with the application, the applicant shall submit the following:

(i)

Four (4) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

(aa)

The present configuration of the M-U-TC Zone, including bearings and distances (in feet), and the proposed configuration of the M-U-TC Zone property, including bearings and distances (in feet), if applicable;

(bb)

The names of owners of record, or subdivision lot and block numbers, of adjoining properties;

(cc)

The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;

(dd)

The subdivision lot and block numbers of the subject property (if any);

(ee)

A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);

(ff)

The total area of the property (in either square feet or acres);

(gg)

The location of all existing buildings on the property; and

(hh)

The subject property outlined in red;

(ii)

Four (4) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red;

(iii)

Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, a description of the existing components of the Town Center Development Plan and proposed changes thereto, and factual reasons showing why approval of the request will not be detrimental to the public health, safety, and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;

(iv)

A statement listing the names and the business and residential addresses of all individuals having at least a five percent (5%) financial interest in the subject property;

(v)

If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the dates on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;

(vi)

If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);

(vii)

The proposed amendment to be appended to or incorporated into the Town Center Development Plan. The proposed amendment shall include (at least) the same detail as found in the approved plan;

(viii)

A list containing the names and addresses of all adjoining property owners and the owners of those properties directly across a street, alley, or stream, and each municipality if any part of the property in the application is located within the municipal boundaries, or is located within one (1) mile of the municipality, and a set of preaddressed envelopes or mailing labels;

(ix)

Any other data or explanatory material deemed necessary by the District Council or the Planning Board (submitted in triplicate).

(B)

For the purposes of (iv), (v), and (vi), above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(5)

Procedure.

(A)

After the request is accepted, it shall be reviewed by the Technical Staff and processed in accordance with Section 27-198.02, as if it were an original M-U-TC Amendment initiated by the Planning Board.

(B)

Any municipality within which a portion of the zone is located shall be notified of the request within ten (10) days of its acceptance.

(CB-2-1994; CB-15-1998; CB-41-2002; CB-12-2003)