§ 27-213.11. Specific District Council procedures.

(a)

Public hearing and notice.

(1)

The District Council shall hold a public hearing on the proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment within sixty (60) days following receipt of the Planning Board's recommendation. Notice of the date, time, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least thirty (30) days prior to the hearing date. In addition, written notice of the date, time, and place of the hearing shall be sent to all owners of land and any municipality lying, wholly or in part, within, or within one (1) mile of, the proposed boundary.

(b)

Amendment of Planning Board proposal.

(1)

Prior to taking final action, the District Council may propose amendments of the Chesapeake Bay Critical Area Overlay Zoning Map Amendment, including any changes in the underlying zones, except that no land may be rezoned to a Comprehensive Design Zone. No M-X-T, Commercial, or Industrial Zone shall be approved for any land classified in the Resource Conservation Overlay Zone. The Council shall hold a public hearing on the proposed amendments within sixty (60) days of the first hearing. At least fifteen (15) days prior to the hearing, notice of the date, time, and place of the hearing on the proposed amendments shall appear at least one (1) time in the County newspapers of record. This same notice shall also be sent to all owners of land and any municipality lying, wholly or in part, within, or within one (1) mile of, the proposed boundary.

(2)

All proposed amendments shall be referred to the Planning Board. The Planning Board shall submit its written comments to the Council prior to, or at the time of, the public hearing on the proposed amendments.

(c)

Time for final action.

(1)

The Council shall take final action on the Map Amendment at any time within thirty (30) days after the final public hearing, but not later than one hundred sixty (160) calendar days after receipt of the original proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment from the Planning Board. If no final action is taken within this time period, the Chesapeake Bay Critical Area Overlay Zoning Map Amendment shall be deemed disapproved.

(d)

Voting requirements.

(1)

The approval of a Chesapeake Bay Critical Area Overlay Zoning Map Amendment shall be by Ordinance, and shall be by majority vote of the full Council. A two-thirds (2/3) majority vote of the full Council shall be required to approve any portion of the Map Amendment contrary to the recommendation of a municipality concerning land within its boundaries.

(e)

Required findings.

(1)

Prior to approving the Chesapeake Bay Critical Area Overlay Zoning Map Amendment, the Council shall make the following findings:

(A)

Land placed in the Intense Development Overlay Zone occupies a gross area of at least twenty (20) contiguous acres, or the entire upland portion of the Chesapeake Bay Critical Area within the boundary of a municipality, whichever is less, and exhibits at least one (1) of the following characteristics:

(i)

A concentration of industrial, commercial, or institutional uses;

(ii)

Residential density equal to or greater than four (4) dwelling units per gross acre;

(iii)

Existing water and sewerage systems serving the area, and residential density greater than three (3) dwelling units per gross acre; or

(iv)

Rights-of-way of existing roads having a Freeway or higher classification.

(B)

Land classified in the Limited Development Overlay Zone exhibits at least one (1) of the following characteristics:

(i)

Residential density ranging from one (1) dwelling unit per five (5) gross acres up to four (4) dwelling units per gross acre;

(ii)

Areas not dominated by agriculture, wetlands, forest, barren land, or surface water;

(iii)

Areas having public water, public sewer, or both; or

(iv)

Areas possessing one (1) or more characteristics of land classified in the Intense Development Overlay Zone, regardless of the size of the area.

(C)

Land classified in the Resource Conservation Overlay Zone exhibits at least one (1) of the following characteristics:

(i)

Residential density of less than one (1) dwelling unit per five (5) gross acres; or

(ii)

Areas dominated by agriculture, wetland, forest, barren land, or surface water.

(D)

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 Chesapeake Bay Critical Area Overlay Zones.

(E)

The Chesapeake Bay Critical Area Commission has approved the Chesapeake Bay Critical Area Overlay Zoning Map Amendment.

(f)

Notice of approval.

(1)

Notice of approval of a Chesapeake Bay Critical Area Overlay Zoning Map Amendment 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, the Commission, all owners of land, and any municipality lying, wholly or in part, within, or within one (1) mile of, the boundaries of the Chesapeake Bay Critical Area Overlay Zones.

(g)

Effect on pending applications.

(1)

Approval of the Chesapeake Bay Critical Area Overlay Zoning Map Amendment shall constitute final action on all pending Zoning Map Amendment applications within the boundaries of the approved Overlay Zones for all applications reviewed and either specifically approved or denied by the District Council, except applications requesting Comprehensive Design Zones on land placed within the L-D-O and I-D-O Zones. All piecemeal Euclidean zoning applications not specifically approved or denied by the District Council during the adoption of the Overlay Zones shall proceed in accordance with Section 27-129, with notice of such applications being made to the Chesapeake Bay Critical Area Commission. Applications requesting any Commercial, Industrial, M-X-T, or Comprehensive Design Zones on land placed within the R-C-O Zone shall stand disapproved.

(2)

Applicants who wish to proceed with an application requesting a Comprehensive Design Zone on land placed within the L-D-O or I-D-O Zone, on which processing had been postponed or which had been remanded, shall so notify the Planning Board or Zoning Hearing Examiner (as appropriate) in writing. The application shall be processed in accordance with all procedures and requirements which normally apply to Comprehensive Design Zoning Map Amendment applications; and conformance with any additional requirements imposed by the Chesapeake Bay Critical Area Overlay Zones shall be prerequisite for approval. Failure of an applicant to notify the Planning Board or Zoning Hearing Examiner within thirty (30) days after the Chesapeake Bay Critical Area Overlay Zoning Map Amendment is approved shall constitute withdrawal of the application, and the provisions of Section 27-183 shall apply.

(A)

In the case of applications pending before (and remanded to) the Zoning Hearing Examiner, where the Examiner determines that the requirements of the L-D-O or I-D-O Zone necessitate amendment of the Basic Plan (or amendment of a Comprehensive Design Plan or Specific Design Plan submitted for consideration concurrently with the Zoning Map Amendment application pursuant to the provisions of Section 27-532), he shall so notify the applicant (in writing) and the District Council shall remand the application to the Planning Board for receipt of the amended Plan(s) and consideration thereof by the Technical Staff and the Planning Board.

(B)

In the case of applications pending before the Planning Board, where the Planning Board (or its authorized representative) determines that the requirements of the L-D-O or I-D-O necessitate amendment of the Basic Plan (or amendment of a Comprehensive Design Plan or Specific Design Plan submitted for consideration concurrently with the Zoning Map Amendment application pursuant to the provisions of Section 27-532), it shall so notify the applicant (in writing).

(C)

Once amended, the application shall be treated as a new application.

(D)

Failure of an applicant to submit the amended plan(s) within ninety (90) days of the date of notice from the Zoning Hearing Examiner or Planning Board (as appropriate) shall constitute withdrawal of the application, and the provisions of Section 27-183 shall apply, unless the Planning Board, for good cause shown, grants one (1) extension of up to an additional ninety (90) days for submittal of the amended plan(s).

(3)

After approval of the Chesapeake Bay Critical Area Overlay Zoning Map Amendment, the processing of all pending Special Exception applications shall be resumed by the Planning Board and Zoning Hearing Examiner. The provisions of subparagraphs (A), (B), (C), and (D) of paragraph (2), above, shall also apply to Special Exception site plans, where the Zoning Hearing Examiner or Planning Board (or its authorized representative) determines that the requirements of the applicable Chesapeake Bay Critical Area Overlay Zone (R-C-O, L-D-O, or I-D-O Zone) necessitate amendment of such site plan. The provisions of subparagraphs (A), (B), (C), and (D) of paragraph (2), above, shall not apply to any Special Exception site plan for which the applicant files an application for an amendment to the Chesapeake Bay Critical Area Overlay Zone, to allow the development as proposed in the Special Exception site plan. Any such amendment to the Chesapeake Bay Critical Area Overlay Zone shall be filed no later than ninety (90) days after the date of notice from the Zoning Hearing Examiner or Planning Board, under subparagraph (A) of paragraph (2), unless the Planning Board, for good cause shown, grants one extension of up to ninety (90) days for the filing of the amendment application. If a Special Exception applicant submits a timely amendment application under this paragraph, then any Council remand under subparagraph (A) of paragraph (2) shall be nullified, and the processing of the Special Exception application shall be resumed by the Planning Board and Zoning Hearing Examiner.

(4)

If the District Council amends a proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment by modifying the boundaries of the proposed Overlay Zone in a manner that excludes land which is the subject of a pending Zoning Map Amendment or Special Exception application from the approved Overlay Zone, 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 or Special Exception application.

(5)

If a Chesapeake Bay Critical Area Overlay 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 and Special Exception applications upon which processing had ceased, or which were remanded to the Office of the Zoning Hearing Examiner in accordance with Section 27-213.08.

(CB-72-1987; CB-132-1988)