§ 27-199. Applications.

(a)

General.

(1)

An application for a Zoning Map Amendment to a Mixed Use Zone shall be filed with the Planning Board by the owner (or authorized representative) of the property. 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.

(2)

No application shall be filed requesting more than one (1) zone.

(3)

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

(4)

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.

(5)

Where the property proposed for the Zoning Map Amendment is located within the Resource Conservation Overlay Zone or within a Safety Zone of the Military Installation Overlay Zone, no Mixed Use Zone shall be granted for the subject property.

(b)

Contents of application form.

(1)

The following information shall be included on the application:

(A)

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

(B)

The existing and requested zoning classifications of the property;

(C)

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;

(D)

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

(E)

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

(F)

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

(G)

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

(c)

Other submission requirements.

(1)

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

(A)

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

(i)

The present configuration of the property, including bearings and distances (in feet);

(ii)

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

(iii)

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;

(iv)

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

(v)

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

(vi)

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

(vii)

The location of all existing buildings on the property; and

(viii)

The subject property outlined in red.

(B)

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

(C)

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, 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;

(D)

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;

(E)

If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date 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;

(F)

If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential 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);

(G)

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;

(H)

For the M-X-T Zone, supporting evidence which shows whether the proposed development will exceed the capacity of transportation facilities that are existing, are under construction, or for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program and/or within the current State Consolidated Transportation Program;

(I)

For the M-X-C Zone, supporting evidence which shows that the transportation facilities (including streets and public transit) which are existing, under construction, or which are provided for in an adopted and approved Master Plan or the General Plan, or which will be otherwise provided, will be adequate to carry anticipated traffic;

(J)

Any other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or the Planning Board (submitted in triplicate);

(K)

For the M-X-C Zone, fifteen (15) copies of a Preliminary Development Plan for the property. The Preliminary Development Plan shall include a generalized drawing or series of drawings, generally of a scale not less than one (1) inch equals four hundred (400) feet, illustrating the proposed development with accompanying descriptive material setting forth:

(i)

The major planning assumptions and objectives, including the method of assuring that Community Use Areas will be permanently maintained and devoted to Community Use Area uses, such as through recorded covenants and declarations creating use restrictions and community associations;

(ii)

The proposed general layout of major roads and highways;

(iii)

A statement of the number of acres within the application intended to be devoted to:

(aa)

Residential Areas, broken down into the number of acres to be used for each of the following specific Residential Use Areas:

Single-Family - Low Density;

Single-Family - Medium Density;

Other Residential;

(bb)

Nonresidential Areas; and

(cc)

Community Use Areas.

(iv)

The general location of the areas referred to in subparagraph (K)(iii), above, including proposed sites for recreational uses, schools, parks, and other public, institutional, or homeowner uses, and the location of any retail centers in relationship to residential areas;

(v)

A description of the proposed drainage, water supply, sewerage, and other utilities;

(vi)

A statement of the proposed maximum density of the proposed development, expressed in terms of the average number of dwelling units per gross acre;

(vii)

Existing streams and their associated buffers; nontidal wetlands and their associated buffers; slopes greater or equal to fifteen percent (15%); and the one-hundred (100) year floodplain;

(viii)

A proposal for the submission of the signage program required by Section 27-546.04(j);

(ix)

A proposal for the submission of an integrated public street system required by Section 27-546.04(i);

(x)

A justification of the amount of land proposed for commercial activities.

(2)

For the purposes of (D), (E), and (F), above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(CB-107-1984; CB-120-1984; CB-33-1985; CB-72-1987; CB-128-1989; CB-66-1990; CB-95-1991; CB-63-1992; CB-47-1996; CB-28-2010; CB-34-2011; CB-42-2015)

Editor's note— Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.