[Amended 4-3-2017 by Ord.
No. 780-17]
This article provides for periodic amendment or repeal of zoning
regulations in accordance with the Land Use Article, of the Annotated
Code of Maryland. It is intended to provide an outline of procedures
necessary to effect changes to regulations and to meet the changing
development requirements of the Town and its citizens.
A.
The Board of Town Commissioners may, by ordinance, amend, supplement, or change the regulations, district boundaries, or classifications of property now or hereinafter established by the Town of Bel Air Development Regulations or amendments thereof. Initiation of such amendment, supplement, or change is by resolution of the Board of Town Commissioners, motion of the Planning Commission, or by petition of any property owner. Petition shall be addressed to the Board of Town Commissioners. The Board of Town Commissioners may also designate a property, site or group of properties as historic, based on the Historic Preservation Commission's recommendation and the requirements noted in Article V, Historic Resource Conservation Regulations, in this Part 2.
B.
Any proposed amendment, supplement or change to the Town of Bel Air
Development Regulations text, district boundaries or classification
of property originating with or received by the Board of Town Commissioners
may be referred by them to the Planning Commission for an investigation
and recommendation if the Board of Town Commissioners decides to proceed
with further action on the request. The Planning Commission in such
case shall cause an investigation to be made as it deems necessary.
A.
After receiving the recommendation of the Planning Commission on
any proposed amendment, supplement, or change, and before adopting
such amendment, the Board of Town Commissioners shall hold a public
hearing in relation thereto, at which time parties in interest and
citizens shall have an opportunity to be heard. Notice of the time
and place of the public hearing, together with a summary of the proposed
regulation, restriction, or boundary, shall be published in at least
one newspaper of general circulation in the jurisdiction, once each
week for two successive weeks, with the first such publication of
notice appearing at least 14 days prior to the hearing.
B.
In case of any amendment which would alter the Town of Bel Air Comprehensive
Plan Land Use Map, the Zoning Map[1] or would otherwise have the purpose and effect of changing
the zoning classification of any specific property, the Board of Town
Commissioners must include the recommendation of the Planning Commission
in the findings of fact on which it bases such amendment. For all
Zoning Map amendment requests, the following procedures shall be followed:
(1)
The applicant submits a formal application for hearing before
the Planning Commission and the Board of Town Commissioners indicating
existing and proposed zoning designation, along with a plat prepared
in conformance with the Town checklist[2] and a written statement describing how rezoning satisfies
conditions set forth in the Land Use Article of the Annotated Code
of Maryland. Additionally, the applicant shall provide the name and
address of all adjoining property owners.
[Amended 4-3-2017 by Ord.
No. 780-17]
[2]
Editor's Note: See Appendix A, Checklist for Site Plan Review, which is included as an attachment to this chapter.
(2)
The request is reviewed by appropriate Town, county and state
agencies.
(3)
The request is reviewed by the Planning Commission, which submits
a written recommendation for approval or denial to the Board of Town
Commissioners. The Planning Commission may table the matter for further
discussion or to gather additional information. In any case, a decision
shall be rendered within 60 days of the initial hearing before the
Planning Commission, unless an extension is agreed upon by the applicant
and the Town.
(4)
A public hearing is scheduled before the Board of Town Commissioners,
and public notice placed in a local paper for two consecutive weeks.
The first notice shall appear at least 14 days prior to the hearing.
Property shall be posted 10 days prior to the public hearing. Written
notice shall be mailed to all adjoining property owners (based on
information provided by applicant) 10 days prior to the public hearing.
(5)
A public hearing is held before the Board of Town Commissioners.
The applicant is responsible for meeting requirements of the Land
Use Article of the Annotated Code of Maryland and for presenting evidence
necessary to meet legal requirements for rezoning. Prior to making
its decision, the Board of Town Commissioners shall make findings
as to whether change or mistake has occurred and make findings as
specified in the Land Use Article of the Annotated Code of Maryland.
[Amended 4-3-2017 by Ord.
No. 780-17]
(6)
The Board of Town Commissioners approves or denies the request.
The Board of Town Commissioners may table the matter for further discussion
or to gather additional information. In any case, a written decision
shall be rendered within 60 days of the first hearing date, unless
an extension is agreed upon by all parties involved.
(7)
If approved, the rezoning becomes effective 21 days after Board
of Town Commissioners approval.
(8)
Any person adversely affected by a rezoning decision, map amendment
or historic site/district designation of the Board of Town Commissioners
may appeal to the Circuit Court of Harford County in the manner set
forth in the Land Use Article of the Annotated Code of Maryland, as
amended from time to time. The Court may affirm, reverse, vacate or
modify the decision complained of in the appeal.
[Amended 4-3-2017 by Ord.
No. 780-17]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
When the Board of Town Commissioners has officially adopted
or rejected an application to amend, supplement, or change these regulations
or the boundaries of any district or classification of any amendment
thereof, it shall not be required to consider another application
which, in its opinion, is for substantially the same change until
at least one year has elapsed since the time of final decision.
