§ 27-225. Planning Board procedures.

(a)

Requests for rezoning.

(1)

Within thirty (30) days after the initiation resolution has been adopted, any person may request that specific zones (except Comprehensive Design Zones, the Mixed Use Community Zone, and the Reserved Open Space Zone) be considered for specific properties during the Sectional Map Amendment process. If the optional Planning Board procedures (Sections 27-225.01 or 27-225.01.05) are used, there is no need for such requests to be filed and this Subsection does not apply.

(2)

In the case of a Map Amendment initiated solely for the consideration of the R-O-S Zone, a property owner may request that the R-O-S Zone be considered for his specific property. A request shall not be considered if any existing use on the property, with the exception of a publicly-owned use, would become nonconforming as a result of noncompliance with the required minimum net lot area as set forth in Section 27-442(b).

(3)

The requests shall be made on forms provided by the Planning Board and shall be available for general public review.

(4)

Each request shall be accompanied by a statement describing how the proposed zoning change complies with the General Plan, the applicable Master Plan or Sector Plan or any adopted County staging policy or economic development program.

(5)

Requests for a Comprehensive Design Zone during the Sectional Map Amendment process must include a description of land use types, quantities, and relationships, and an illustrated Basic Plan.

(b)

Comprehensive Design Zone reconsideration.

(1)

Comprehensive Design Zone applications within pending proposed Sectional Map Amendment areas which have already been considered by the Planning Board (but not yet decided by the District Council) may be reconsidered by the Planning Board for the purposes of incorporating them into the proposed Sectional Map Amendment.

(c)

Preparation of Zoning Maps.

(1)

After receiving authorization to prepare a Sectional Map Amendment, the Planning Board shall prepare a proposed Zoning Map (and text) in keeping with the purpose, intent, and requirements of the Sectional Map Amendment process.

(2)

In the case of a Map Amendment initiated solely for the consideration of the R-O-S Zone, the Planning Board shall use the inventory of public land submitted by the Council as a basis in the preparation of the proposed Zoning Map. All land purchased with Program Open Space funds shall be included in the proposed Zoning Map, unless it can be demonstrated that there is a more appropriate zoning category for the land based on its intended future use, or unless the public agency has a need to maintain certain properties, or portions of properties, in a more intense zoning category. If land purchased with Program Open Space funds that has been placed in the R-O-S Zone is subsequently disposed of for the purpose of construction of a public facility, the value of the property, for the purpose of compensation of the agency, shall be based on the original purchase price.

(3)

The proposed Sectional Map Amendment shall include the following information:

(A)

A description of the area covered;

(B)

The boundaries of the proposed zoning classifications. The boundaries shall be described on a map by either:

(i)

Lot, block, and subdivision divisions;

(ii)

Streets, roads, streams, or other topographic landmarks; or

(iii)

Bearings and distances (in feet);

(C)

Indications of where the proposed zones are different than existing zones;

(D)

The scale of all maps and a north arrow; and

(E)

A list of those properties on which any use exists which is not allowed under the current zoning classification of that property.

(d)

Public hearing and public release.

(1)

The Planning Board shall hold a public hearing on the proposed Sectional Map Amendment. In the case of a Map Amendment initiated solely for the consideration of the R-O-S Zone, this requirement does not apply, and the Planning Board hearing will be held jointly with the District Council in accordance with Section 27-226(b)(1)(B). It shall be released for public inspection at least thirty (30) days prior to the public hearing.

(e)

Notice.

(1)

The public hearing shall be advertised in the three (3) County newspapers of record once a week for at least two (2) successive weeks between the time of the release and the date of the hearing. The notice shall contain the date, time, place, and purpose of the hearing.

(2)

At the time of release, the Planning Board shall obtain from the Office of Assessments and Taxation a listing of the owners of land within the boundaries of the proposed Sectional Map Amendment. The Board shall mail written notice of the proposed Sectional Map Amendment to all listed property owners. The notice shall include the boundaries of the area involved, the date, time, and place of the Planning Board's hearing, and the methods for obtaining additional information. The notice shall also advise the owners that approval of the Sectional Map Amendment by the District Council could result in rezoning, which could affect property values and property taxes. This mailing is for informational purposes only. The failure of the Planning Board to send, or the property owner to receive, the mailing shall not invalidate the approval of the Sectional Map Amendment by the Council. This mailing requirement shall not apply to a Map Amendment initiated solely for the consideration of the R-O-S Zone pursuant to Section 27-221(c).

(3)

A specific notice shall be sent by first class mail to all owners of land for which a change in zoning is proposed in the Sectional Map Amendment. This notice shall inform the property owner that a zoning change has been proposed for their property, and provide information regarding the date, time, and place of the public hearing on the proposed change. This mailing is for informational purposes only. The failure of the Planning Board to send, or the property owner to receive, the mailing shall not invalidate the approval of the Sectional Map Amendment by the Council.

(f)

Action and transmittal.

(1)

The Planning Board shall take action to transmit the proposed Sectional Map Amendment (with or without amendments) by resolution adopted at a regularly scheduled public meeting.

(2)

Within ninety (90) days after the public hearing, the Planning Board shall transmit the proposed Sectional Map Amendment to the District Council and to each municipality located either within the area of the proposed Sectional Map Amendment or within one-half (1/2) mile of that area. These municipalities shall be advised to refer their comments on the proposed Sectional Map Amendment to the District Council within ninety (90) days of receipt of the proposed Sectional Map Amendment.

(3)

Transmitted with the resolution shall be the proposed Zoning Map (and text), and a statement justifying the proposal.

(4)

Prior to transmittal, the District Council may (by resolution) extend the date of transmittal.

(g)

Pending Zoning Map Amendment applications.

(1)

Upon transmittal of a proposed Sectional Map Amendment to the District Council, the Planning Board shall postpone accepting or processing any Zoning Map Amendment application (except for a Comprehensive Design Zone) within the area of the proposed Sectional Map Amendment until after final action by the District Council on the Sectional Map Amendment.

(2)

After approval of a Sectional Map Amendment by the District Council, all applicants who wish to proceed with a postponed application (requesting a zoning classification not approved, or only partially approved, in the Sectional Map Amendment), or an application requesting a Comprehensive Design Zone that was not approved, or approved with a Basic Plan modified by the Council, shall so notify the Planning Board (in writing). The application shall be processed in accordance with all procedures and requirements which normally apply to Zoning Map Amendment applications. Failure of an applicant to so notify the Planning Board within thirty (30) days after a Sectional Map Amendment is approved shall constitute a withdrawal of the application.

(3)

The provisions of Sections 27-147, 27-163, 27-183, and 27-203 shall apply only if a Technical Staff Report had been published for the application prior to postponing the processing of the application.

(4)

In the event that a proposed Sectional Map Amendment is disapproved by the District Council, the Planning Board shall resume the processing of all postponed applications.

(5)

A pending application for a Zoning Map Amendment shall be deemed terminated if action on the Sectional Map Amendment grants the zoning reclassification requested by the applicant or, in the case of a Comprehensive Design Zone application, if action on the Sectional Map Amendment both grants the requested zone and also approves the Basic Plan without modification.

(6)

This Subsection (g) shall not apply to a Map Amendment initiated solely for the consideration of the R-O-S Zone pursuant to Section 27-221(c).

(CB-36-1984; CB-55-1984; CB-33-1985; CB-33-1992; CB-109-1993; CB-73-1994; CB-76-1995; CB-76-2006; CB-35-2011)