§ 27-225.01. Optional Planning Board procedures; initiation when Area Master Plan or Sector Plan is approved.

(a)

Authorization.

(1)

The Planning Board may be authorized to prepare a proposed Sectional Map Amendment utilizing the procedures of this Section by:

(A)

A separate resolution of the District Council initiating the Amendment; or

(B)

The approval of an Area Master Plan or Sector Plan which contains (as one of its elements) a Zoning Proposal (including a map, a list of proposed zoning changes, text, and supporting details), as well as a Land Use Plan. The date of initiation of a Sectional Map Amendment shall be the date of approval of an Area Master Plan by the District Council which contains a Zoning Proposal and Land Use Plan.

(b)

Preparation of Zoning Map.

(1)

The Planning Board shall prepare a proposed Zoning Map (and text) in accordance with the recommendations contained in the approved Zoning Proposal element of the adopted Master Plan or Sector Plan, unless documented to be in conflict with County laws or policies established elsewhere.

(2)

The proposed Sectional Map Amendment shall include the information required in Section 27-225(c)(3).

(c)

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.

(d)

Action and transmittal.

(1)

The Planning Board shall take action to transmit the proposed Sectional Map Amendment by resolution adopted at a regularly scheduled public meeting.

(2)

The Planning Board shall transmit the proposed Sectional Map Amendment to the County Executive and 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. The County Executive and those municipalities shall be advised to refer their comments on the proposed Sectional Map Amendment to the District Council at the scheduled (Council) public hearing.

(3)

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

(e)

Notice.

(1)

After transmittal of the proposed Sectional Map Amendment, 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 District Council'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.

(2)

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)

Pending Zoning Map Amendment applications.

(1)

Upon adoption of a preliminary plan pursuant to the provisions of Section 27-645(c), 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 was 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 has 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.

(CB-36-1984; CB-33-1985; CB-68-1989; CB-33-1992; CB-109-1993; CB-35-2011)