§ 27-213.08. General procedures.

(a)

The Planning Board may initiate a Chesapeake Bay Critical Area Overlay Zoning Map Amendment with the concurrence, by resolution, of the District Council.

(b)

After the Chesapeake Bay Critical Area Overlay Zoning 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 Intense Development Overlay Zone, the Limited Development Overlay Zone, and the Resource Conservation Overlay Zone, shown on the Zoning Map;

(2)

A written justification describing how the proposed zoning boundaries comply with the purposes and required findings for each Chesapeake Bay Critical Area Overlay Zone; and

(3)

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

(c)

During the preparation of the proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment, the Technical Staff shall contact all owners of land, and any municipality lying, wholly or in part, within, or within one (1) mile of, the anticipated boundaries of the proposed Chesapeake Bay Critical Area Overlay Zones, to invite comments and recommendations. 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 Chesapeake Bay Critical Area Overlay Zoning Map Amendment.

(d)

The Planning Board shall review the proposal of the Technical Staff and shall hold a public hearing on the matter. After the public hearing, the Planning Board shall take action on the proposal and shall transmit its recommended Chesapeake Bay Critical Area Overlay Zoning Map Amendment to the District Council for public hearing and final action.

(e)

Upon transmittal of the recommended Chesapeake Bay Critical Area Overlay Zoning Map Amendment to the District Council, both the Planning Board and the Zoning Hearing Examiner shall cease accepting and processing all Zoning Map Amendment and Special Exception applications within the boundaries of the proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment until after final action by the District Council on the Chesapeake Bay Critical Area Overlay Zoning Map Amendment. Any application pending before the District Council at the time of transmittal shall immediately be remanded to the Office of the Zoning Hearing Examiner.

(CB-72-1987)