§ 27-226. District Council procedures.

(a)

Pending Zoning Map Amendment applications.

(1)

After Planning Board transmittal of a proposed Sectional Map Amendment to the District Council, or upon adoption of a preliminary plan under Section 27-645(c) (by optional Planning Board procedures under Section 27-225.01 or Section 27-225.01.05), the Zoning Hearing Examiner shall postpone processing pending Zoning Map Amendment applications within the area of the proposed Sectional Map Amendment until after final Sectional Map Amendment action by the District Council, and applications pending before the District Council in the Sectional Map Amendment area shall be remanded to and held by the Examiner. Zoning applications for Basic Plan amendments which do not increase densities under an approved Basic Plan are not subject to this subparagraph.

(2)

A Comprehensive Design Zone application for which the Planning Board has made a recommendation may be included by the District Council in a Sectional Map Amendment, even if the Zoning Hearing Examiner has not held a public hearing. The Council may include in the Sectional Map Amendment record evidence submitted for the Comprehensive Design Zone application.

(3)

The District Council's approval of a zoning application in the Sectional Map Amendment shall constitute final action on the application.

(4)

After a Sectional Map Amendment is approved, applicants who wish to proceed with applications which had been stayed in processing or remanded to the Examiner shall notify the Hearing Examiner. The applications shall then be processed in accordance with all procedures and requirements which normally apply to Zoning Map Amendment applications. Applicants who do not give written notification to the Hearing Examiner of their intent to proceed within thirty (30) days of Sectional Map Amendment approval shall be deemed to have withdrawn their applications, and the provisions of Sections 27-147, 27-163, 27-183, and 27-203 shall apply.

(5)

If an applicant elects to proceed with an application, the Zoning Hearing Examiner shall (by reference) introduce in the record and take administrative notice of the Sectional Map Amendment. The Hearing Examiner shall hold additional hearings or otherwise ascertain the facts and issues raised or presented in Sectional Map Amendment proceedings.

(6)

If the District Council disapproves a Sectional Map Amendment, the Zoning Hearing Examiner shall forthwith resume the processing of all postponed and remanded applications.

(b)

Public hearing.

(1)

Public hearing requirement.

(A)

The District Council shall hold a public hearing on each proposed Sectional Map Amendment. If the Sectional Map Amendment is proposed pursuant to Section 27-225.01.05 or Part 13, the hearing shall be a joint public hearing before the District Council and Planning Board in accordance with Section 27-644(c).

(B)

For a Map Amendment initiated solely for consideration of the R-O-S Zone, the hearing shall be a joint public hearing before the District Council and Planning Board, at which a quorum of each body shall be present.

(C)

The Council's public hearing shall be held within ninety (90) days of receipt of the Planning Board resolution on the proposed Sectional Map Amendment; within four (4) months of initiation of a Sectional Map Amendment pursuant to Section 27-225.01; or as provided in Part 13.

(2)

Notice of hearing.

(A)

The public hearing shall be advertised in the three (3) County newspapers of record at least thirty (30) days before the scheduled hearing date. The notice shall describe the general boundaries and size of the area involved in the Sectional Map Amendment, the subject of the Sectional Map Amendment, and the date, time, and place of the hearing.

(B)

A continued hearing shall be advertised in the County newspapers of record at least fifteen (15) calendar days in advance, unless the date is announced at the time the hearing is continued.

(C)

When not authorized under optional Planning Board procedures in Section 27-225.01 or Section 27-225.01.05, notice shall also be sent to all property owners in accordance with Sections 27-225(e)(2) and (3).

(3)

Hearing testimony.

(A)

Any interested party, including representatives of the Planning Board and other public agencies, may present testimony at the public hearing. All testimony shall be transcribed.

(B)

The hearing record shall remain open at least fifteen (15) days after the hearing.

(c)

Amendments prior to final action.

(1)

The District Council may propose changes, revisions, or amendments to the map or text of a Sectional Map Amendment transmitted by the Planning Board, at any time prior to final action.

(2)

For purposes of this Section, an "amendment" or "amendments" to a transmitted Sectional Map Amendment are changes or revisions to the map or text which did not receive substantial staff and Planning Board review prior to the transmittal. A change or revision constitutes an amendment to the transmitted Sectional Map Amendment and is subject to all hearing requirements in this Section, unless it satisfies the criteria below.

(3)

A change or revision does not constitute an amendment to the transmitted Sectional Map Amendment if:

(A)

At any time before close of the Sectional Map Amendment record after the initial public hearing, it was proposed in a published Sectional Map Amendment plan (from staff or Planning Board) or requested by memorandum or testimony (oral or written) from the property owner or other party in Sectional Map Amendment proceedings, including without limitation a member of either the Planning Department staff, the Planning Board, or the District Council;

(B)

It was reviewed and commented on in writing by staff, before Sectional Map Amendment transmittal; and

(C)

It was reviewed by the Planning Board and then approved or disapproved in the Planning Board resolution transmitting the Sectional Map Amendment to the District Council.

(4)

If amendments are proposed, then the District Council shall hold an additional public hearing, prior to approval of the Sectional Map Amendment. The hearing shall be advertised in the three (3) County newspapers of record at least fifteen (15) calendar days prior to the scheduled hearing, giving notice of the date, time, and location. Amendments proposed only to retain the existing zoning of property may be approved by the Council without holding an additional public hearing.

(5)

Written notice shall be sent by first class mail to all owners of land for which an amendment to the Sectional Map Amendment has been proposed by the District Council (or Planning Board, if prepared according to Section 27-225.01.05). The notice shall inform the property owner of the zoning change proposed for their property and the date, time, and place of the hearing on the amendment. No notice is required if no public hearing will be held. This mailing is for informational purposes only, and failure of the Planning Board to send, or the property owner to receive, the notice shall not invalidate any part of the Sectional Map Amendment.

(6)

A notice that amendments to the Sectional Map Amendment have been proposed shall be sent to all property owners in accordance with the requirements and procedures of Section 27-225(e)(2). No notice is required if no public hearing will be held.

(7)

All of the District Council's proposed amendments shall be referred to the Planning Board for the Board's written comments. The comments, if any, shall be submitted to the Council prior to the Council's action on the amendments.

(d)

Record evidence.

(1)

The testimony received at the hearing shall be transcribed and made a part of the Sectional Map Amendment record. Exhibits introduced at any time prior to the close of the record shall be identified sequentially and maintained as part of the record.

(2)

At the close of each public hearing, the Chairman shall announce a date by which evidence will be accepted by the Clerk of the Council for inclusion in the Sectional Map Amendment record. After that date, the Council may include additional evidence in the record upon motion and majority vote of the Council Members present at a meeting or work session on the proposed Sectional Map Amendment. If new evidence is presented orally at a meeting or work session, it shall not be considered a part of the Sectional Map Amendment record unless submitted for the record in written form within the time specified by the Council.

(e)

Voting requirements.

(1)

After the public hearing, the District Council (in full Council session or committee work session) shall review and act upon each change in zoning classification recommended by the Planning Board. Votes may include more than one property or group of properties. Any Council modification of the Planning Board submission shall be included as an amendment under Subsection (c), above. Except as otherwise required by this Subsection, the vote to adopt each change in zoning classification shall require a majority vote of those present and voting when acting in Council committee work session, and a majority vote of the full Council when acting in a business or legislative session of the full District Council.

(2)

If a proposed rezoning of a parcel of land conflicts with the recommendation of a municipality (within whose boundaries the land is located), a separate vote on rezoning that land shall be taken. The rezoning of the land may occur only upon the affirmative vote of two-thirds (2/3) of members of the full Council. If the Council fails to obtain this two-thirds (2/3) majority vote, the property may be rezoned to any alternate zoning category recommended by the municipality (in writing), provided that:

(A)

The zoning category is consistent with the adopted and approved Master Plan or Sector Plan; or

(B)

The zoning category is the same as the one existing on the property prior to the Sectional Map Amendment.

(3)

If the Council rezones property to a Comprehensive Design Zone and that zone is not in conformance with a Master Plan or Sector Plan, the zone shall only be approved upon a majority vote of two-thirds (2/3) of the members of the full Council.

(f)

Approval.

(1)

The District Council may (after the public hearing) approve the proposed Sectional Map Amendment with or without amendments. The approval shall be by Ordinance or Resolution.

(2)

The District Council shall take final action at any time within sixty (60) days after the final hearing on the Sectional Map Amendment. Final action shall take place not later than seven (7) months from the time the Sectional Map Amendment is received from the Planning Board or from the date of the initiation of a Sectional Map Amendment processed under the optional Planning Board procedures in Section 27-225.01. If no final action is taken within this period, the Sectional Map Amendment shall be deemed disapproved. If the Sectional Map Amendment is processed under the optional Planning Board procedures in Section 27-225.01.05, the District Council shall take final action on the proposed Sectional Map Amendment in accordance with Section 27-646.

(3)

The approval of a Sectional Map Amendment shall repeal and readopt with amendments that portion of the Zoning Map encompassed by the Amendment.

(4)

When a Comprehensive Design Zone is included as part of a Sectional Map Amendment, the District Council shall approve a Basic Plan setting forth general land use types, range of dwelling unit densities and commercial/industrial intensities, general circulation pattern, general location of major access points, and land use relationships. The design guidelines or standards intended to implement the development concept recommended by the Master Plan, Sector Plan, or the Sectional Map Amendment Zoning Change may constitute the Basic Plan for development on property where a Comprehensive Design Zone is established through a Sectional Map Amendment. The District Council shall also be satisfied that the requirements for Comprehensive Design Zone approval (Section 27-195(b)) have been met or, if the zone is not in conformance with a Master Plan or Sector Plan, a two-thirds majority vote of the Council shall be required as provided by Subsection (e)(3), above.

(g)

Notice of approval.

(1)

Notice of the approval of a Sectional Map Amendment shall be immediately published by the Clerk of the Council in the three (3) County newspapers of record. The Ordinance or Resolution of adoption shall be forwarded to the Planning Board, who shall make it available for public inspection.

(2)

Notice of the District Council's final action shall also be sent to all property owners in accordance with the requirements and procedures of Section 27-225(e)(2) and (3).

(CB-36-1984; CB-55-1984; CB-33-1985; CB-68-1989; CB-33-1992; CB-100-1993; CB-109-1993; CB-122-1993; CB-76-1995; CB-79-2000; CB-48-2005; CB-76-2006, CB-35-2011)