§ 27-213. Map Amendment approval; amendments.

(a)

Criteria for approval of the M-X-T Zone.

(1)

The District Council shall only place land in the M-X-T Zone if at least one (1) of the following two (2) criteria is met:

(A)

Criterion 1. The entire tract is located within the vicinity of either:

(i)

A major intersection or major interchange (being an intersection or interchange in which at least two (2) of the streets forming the intersection or interchange are classified in the Master Plan as an arterial or higher classified street reasonably expected to be in place within the foreseeable future); or

(ii)

A major transit stop or station (reasonably expected to be in place within the foreseeable future).

(B)

Criterion 2. The applicable Master Plan recommends mixed land uses similar to those permitted in the M-X-T Zone.

(2)

Prior to approval, the Council shall find that the proposed location will not substantially impair the integrity of an approved General Plan, Area Master Plan, or Functional Master Plan and is in keeping with the purposes of the M-X-T Zone. In approving the M-X-T Zone, the District Council may include guidelines to the Planning Board for its review of the Conceptual Site Plan.

(3)

Adequate transportation facilities.

(A)

Prior to approval, the Council shall find that 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, within the current State Consolidated Transportation Program, will be funded by a specific public facilities financing and implementation program established for the area, or provided by the applicant, will be adequate to carry anticipated traffic for the proposed development.

(B)

The finding by the Council of adequate transportation facilities at this time shall not prevent the Planning Board from later amending this finding during its review of subdivision plats.

(b)

Criteria for approval of the M-X-C Zone.

(1)

The District Council shall only place land in the M-X-C Zone if the following criteria are met:

(A)

The application, including the Preliminary Development Plan, shall conform to the specific recommendation of a General Plan Map or Area Master Plan Map, or the principles and guidelines of the plan text which address the design and physical development of the property, and recommends that the area be developed in a comprehensive manner in a planned community that results in distinct neighborhoods or villages.

(B)

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.

(C)

Other private and public facilities (such as schools, recreation areas, water and sewerage systems, libraries, and fire stations) 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 for the uses proposed.

(D)

The land for which the approval of the M-X-C Zone is requested is not currently zoned O-S (Open Space) or R-A (Residential-Agricultural), unless the land in the R-A Zone was intended for staged future development.

(2)

In approving a rezoning to the M-X-C Zone, the District Council shall also make the following findings:

(A)

The proposed plan represents a mix of uses which will support and complement the development of a balanced community;

(B)

The proposed plan is in conformance with the purposes and other provisions of Part 10, Division 2, of this Subtitle;

(C)

The location and size of the neighborhood center or centers are adequate to create a distinct focal point for the community and to foster a strong sense of community identity and participation;

(D)

The open space network is sufficient to provide for the recreational and scenic needs of the residents, is well distributed throughout the overall development, and is superior to what could be achieved under conventional development regulations;

(E)

The open space network is designed to preserve the most sensitive and valuable environmental features;

(F)

The character of the land within the development is suitable for the uses proposed;

(G)

The proposed development plan incorporates design and planning techniques which will make it compatible with existing and proposed development in the vicinity; and

(H)

The amount of land proposed to be used for commercial activities is adequate to serve the residents of the community.

(3)

Upon granting an application to rezone property to the M-X-C Zone, the District Council shall also approve a Preliminary Development Plan for all of the land included within the application.

(c)

Conditional approval.

(1)

When it approves a 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 the conditions waive or lessen the requirements of, or prohibit uses allowed in, the approved 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 Mixed Use 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 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)

The Office of the Zoning Hearing Examiner shall publish a notice containing the date, time, and place of the public hearing, a description of the subject property, and a description of the petition request.

(D)

After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.

(E)

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.

(F)

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 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 Mixed Use Zone, the following shall apply:

(A)

If, at the time of the rezoning, the approved use is not permitted in the Mixed Use Zone, 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.

(B)

If, at the time of the rezoning, the approved use is not permitted in the Mixed Use Zone, 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 Mixed Use Zone shall apply to the use and development of the property.

(C)

If, at the time of the rezoning, the approved use is permitted in the Mixed Use 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 the Detailed Site Plan for the M-X-T or the Final Development Plan for the M-X-C Zone is approved by the Planning Board for the subject property, the Special Exception shall terminate and all provisions of the Mixed Use Zone shall apply to further use and development of the property.

(g)

Amendments to a Preliminary Development Plan.

(1)

Primary Amendments.

(A)

All primary amendments of approved Preliminary Development Plans shall be made in accordance with the provisions for initial approval of the Plan.

(B)

Primary amendments shall include the following:

(i)

Change to the boundary of the Preliminary Development Plan;

(ii)

Changes from one land use designation to another designation;

(iii)

Changes in land use location;

(iv)

Changes in land use densities or intensities in either a range or a maximum, as appropriate;

(v)

Changes in location of major access points affecting area outside the Zone; and

(vi)

Any other changes deemed as primary by the District Council at the time of approval of the Preliminary Development Plan.

(2)

Secondary Amendments.

(A)

An application for a secondary amendment of an approved Preliminary Development Plan shall be submitted to the Planning Board by the owner (or authorized representative) of the property within the M-X-C Zone and shall be processed in accordance with the following regulations.

(B)

All applications shall be typed, except for signatures, submitted in triplicate, and shall include the following information:

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

(iii)

A statement enumerating each requested change and its effect upon the remainder of development in the approved Preliminary Development Plan;

(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;

(vii)

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

(viii)

A 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 a description of the existing components of the Preliminary Development Plan and proposed changes thereto. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;

(ix)

The proposed amendment to be appended to or incorporated into the Preliminary Development Plan;

(x)

A signed certificate stating that the applicant, on or before the date of filing such application, sent by certified mail, a copy of the application for an amendment and all accompanying documents to each municipality in which any portion of the property which is the subject of the application is located, and each municipality located within one (1) mile of the property which is the subject of the application. The certificate shall specifically identify each municipality to which the application was mailed and the date it was mailed.

(C)

Upon completing an application, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application. A reduction in the fee may be permitted by the Planning Board if it finds that payment of the full amount will cause an undue hardship upon the applicant.

(D)

In addition to the filing fee, a fee of Thirty Dollars ($30.00) shall be paid for the posting of each public notice sign to be posted by the Planning Board. No part of a fee shall be refunded or waived, unless the Planning Board determines that one of the following applies:

(i)

The fee was paid by mistake, and the applicant has requested (in writing) a refund.

(ii)

The application is withdrawn prior to posting the sign. In this case the entire sign posting fee shall be refunded.

(E)

The Planning Board shall review the requested Secondary Amendment for compliance with this Section and shall follow the same procedure required for the Conceptual Site Plan approval as found in Sections 27-276(a)(1), (3), (4), (5), (6); 27-276(c)(1), (2); and 27-276(d). Review by the District Council shall follow the procedures in Section 27-280.

(F)

The Planning Board may only approve a requested Secondary Amendment of a Preliminary Development Plan if it makes the following findings:

(i)

The requested Secondary Amendment is in compliance with the requirements for the approval of a Preliminary Development Plan;

(ii)

The requested Secondary Amendment is in conformance with the purposes of the Mixed Use Community Zone;

(iii)

The original intent of the Preliminary Development Plan element or mandatory requirement being amended is still fulfilled with the approval of the requested Secondary Amendment.

(G)

Secondary amendments shall include any elements of the Preliminary Development Plan that are not provided in subparagraph (B), above.

(CB-50-1984; CB-33-1985; CB-66-1990; CB-63-1992; CB-56-1993; CB-1-2004; CB-78-2006; CB-29-2014)