§ 27-213.02. General procedures.  


Latest version.
  • (a)

    The Planning Board may initiate a Transit District Overlay Zoning Map Amendment only with the concurrence (by resolution) of the District Council, or the District Council may direct the Planning Board to initiate a Transit District Overlay Zoning Map Amendment by resolution. Initiation shall be in accordance with the approved planning scheduled work program and budget of the Commission.

    (b)

    After the Map Amendment is initiated by the Planning Board, the Technical Staff shall immediately proceed to prepare a proposed Map Amendment. The proposal shall contain the following:

    (1)

    The proposed boundaries of the Transit District Overlay Zone, shown on the Zoning Map;

    (2)

    A Transit District Development Plan prepared in accordance with Part 10A, Division 1, Subdivision 1;

    (3)

    Any proposed changes in underlying zoning categories, along with written justification for the changes.

    (c)

    During the preparation of the proposed Transit District Overlay Zoning Map Amendment, the Technical Staff shall contact all owners of land, and any municipality lying (wholly or in part) within the anticipated boundaries of the proposed Transit District, and any municipality within one (1) mile of the anticipated District boundary, to invite comments and recommendations concerning their plans and desires for development within the proposed Transit District. The purpose of these mailings, and those required at the time of Planning Board and District Council hearings, is for informational purposes only. The failure of the Planning Board to send, or a property owner or municipality to receive, the notice shall not invalidate the adoption or approval of the Transit District Overlay Zoning Map Amendment.

    (d)

    Following the initiation of the Transit District Overlay Zoning Map Amendment, a Special Exception shall be required for any new use on a lot, any portion of which is located within the proposed boundaries of the Map Amendment (unless the use is proposed in an existing building), in the I-1 and I-2 Zones, under certain circumstances as set forth in Section 27-473.

    (e)

    The Planning Board shall review the proposal of the Technical Staff and grant permission to print the proposed Transit District Overlay Zoning Map Amendment and preliminary Transit District Development Plan not later than nine (9) months from the date of the Resolution initiating the Transit District Overlay Zoning Map Amendment in accordance with Section 27-213.01 of this Subdivision. If issues arise during the preparation of the Transit District Overlay Zone which the Planning Board believes sufficient analysis would result in a need for an extension of the time for the public hearing beyond the eleven (11) months provided herein, the issues shall be brought to the attention of the District Council. If the District Council concurs, they may grant an appropriate amount of time to perform the additional analysis. After the public hearing, the Planning Board shall take action on the proposal and shall transmit its recommended Map Amendment to the District Council for another public hearing and final action.

    (f)

    Upon transmittal of the recommended Transit District Overlay Zoning Map Amendment to the District Council, the Planning Board and Zoning Hearing Examiner (as appropriate) shall cease accepting and processing all Zoning Map Amendment and Special Exception applications within the boundaries of the proposed Transit District until after final action by the District Council on the Map Amendment. Any application pending before the District Council shall immediately be remanded to the Office of the Zoning Hearing Examiner.

(CB-2-1984; CB-33-1985; CB-66-1996; CB-15-2012; CB-21-2013)