A.
The Town Council may from time to time amend, supplement, modify,
or repeal the regulations, or district boundaries herein established,
on its own motion or on petition of the owner(s) or contract purchaser(s)
of the property proposed for change.
B.
Any application for a zoning amendment shall contain specific information
setting forth the basis for the granting of the request. Any application
must disclose the names and addresses of all persons having legal
or equitable interest in the property which is the subject of the
amendment, including shareholders owning more than 5% of the stock
in a corporation that has any interest in land involved in the application,
excepting those corporations which are listed and regularly traded
on a recognized stock exchange.
A.
Any owner or contract owner wishing to amend, supplement, modify,
or repeal any portion of this chapter shall file a zoning amendment
petition with the Zoning Administrator in such form and accompanied
by such information as may be required by the Zoning Administrator.
B.
Upon determination by the Zoning Administrator that the application
is complete, the application shall be promptly submitted for comment
and review to appropriate Town, county, and state departments and
agencies. Upon completion of such administrative review (to be completed
within 60 days of submission by the Zoning Administrator), the application
shall be submitted to the Planning Commission.
A.
The Planning Commission shall consider the application and shall
conduct a public hearing regarding the application. The public hearing
shall be conducted as follows:
(1)
The applicant shall be given ample time to present his case
to the Planning Commission. In so doing the applicant may call on
expert witnesses to support the request.
(2)
The Zoning Administrator shall present a staff report representing
a review of the application by the Zoning Administrator. The staff
report shall include, without limitation, an assessment of the impact
of the proposed amendment on the following matters: population change,
availability of public facilities, present and future transportation
patterns, compatibility with existing and proposed development for
the area, the relationship of such proposed amendment to the Town
of Indian Head Comprehensive Plan, and a recommendation for approval
or denial of the proposed amendment.
(3)
The Planning Commission shall ask such questions of either the
applicant, any witnesses, or the staff as may be necessary in deciding
its approval or denial of the application.
(4)
The public shall be given an opportunity to testify or ask questions
of the applicant, his witnesses, or the planning staff. The Planning
Commission may in turn question those testifying and may place a reasonable
time limit for such testimony.
B.
Within 60 days of the Planning Commission's final hearing on the
application, the Planning Commission shall transmit the application
to the Town Council, together with its recommendations for approval
or disapproval. The Planning Commission shall concurrently transmit
this information to the applicant.
C.
After the Planning Commission makes its formal recommendation on
the application, the Town Council shall hold a public hearing on the
application.
All public hearings shall be conducted in accordance with § 4-203(b)
of the Land Use Article of the Annotated Code of Maryland. Specifically,
the following procedures shall apply:
A.
The Town shall provide for the manner in which such regulations and
restrictions and the boundaries of such districts shall be determined,
established, and enforced, and from time to time amended, supplemented,
modified or repealed. However, a regulation, restriction, or boundary
may not become effective until 10 days after at least one public hearing
in relation thereto, at which parties in interest and citizens shall
have an opportunity to be heard.
B.
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 Indian
Head once each week for two successive weeks, with the first such
publication of notice appearing at least 14 days prior to the hearing.
A.
Before approving or disapproving any application for amendment, the
Town shall hold at least one public hearing in relation to the application,
at which parties in interest and citizens shall have an opportunity
to be heard.
B.
The Town Council shall hold a public hearing within 60 days after receipt of the Planning Commission's recommendation. Subject to § 440-2003B, at least 14 days' notice of the time and place of said hearing shall be published in an official newspaper of general circulation in the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Prior to holding the public hearing, the property in question shall
be posted and all property owners within 200 feet of subject property
shall be notified by the applicant by registered or certified mail
at the last known address as reflected on the tax records.
D.
The Town Council, upon the zoning or rezoning of any land or lands,
may impose such additional restrictions, conditions, or limitations
as may be deemed appropriate to preserve, improve, or protect the
general character and design of the lands and improvements and may,
upon the zoning and rezoning of any land or lands, retain or reserve
the power and authority to approve or disapprove the design of buildings,
construction, landscaping, or other improvements, alterations, and
changes made or to be made on the subject land or lands to assure
conformity with the intent and purpose of the Land Use Article of
the Annotated Code of Maryland, and the Town of Indian Head Comprehensive
Plan and this chapter.
E.
In reaching a decision on zoning district reclassification amendments,
the Town Council shall make findings of fact in each specific case,
including, but not limited to, the following matters: population change,
adequacy of public facilities, present and future transportation patterns,
compatibility with existing and proposed development for the area,
the recommendations of the Planning Commission, relation to the Comprehensive
Plan, fiscal impact upon Town government, and the suitability of the
property in question for the uses permitted under the existing and
proposed zoning classifications; and may grant the amendment based
upon a finding that there was a substantial change in the character
of the neighborhood where the property is located or that there was
a mistake in the existing zoning classification. It shall be the responsibility
of the applicant to delineate the boundaries of the neighborhood and
to identify the change in the character of the neighborhood, or to
demonstrate the mistake in the existing zoning classification.
F.
An application for reclassification shall not be accepted for filing
by the Zoning Administrator if the application is for the reclassification
of the whole or any part of land which has been denied by the Town
Council until 12 months from the date of denial.
G.
The record in all zoning cases shall include the application, all
documents or communications submitted regarding the application, the
recorded testimony received at the hearing, any reports or communications
to or from any public officials or agency concerning the application,
and the final decision of the Town Council. The record shall be open
to public inspection and shall be maintained in the office of the
Zoning Administrator. The burden of proof for any zoning change shall
be upon the applicant.
A.
The provisions of this article regarding the procedures and requirements of public hearings and findings of fact to be made regarding applications (see § 440-2004E) shall also apply to requests for floating zone designation except that it shall not be necessary to prove change in the character of the neighborhood or mistake in the original zoning of the property in order to gain approval. In floating zones, the test for approval or denial shall be compatibility with the neighborhood and consistency with the Comprehensive Plan.
B.
Procedures to maintain a floating zone once granted.
(1)
Within one year of the granting of a floating zone, application
for building permits must be filed with requisite fees paid; otherwise,
such zoning shall revert automatically to its prior district classification
without notice and public hearing.
(2)
Within one year of the issuance of a building permit, construction
shall be commenced on the land so zoned; otherwise, such zoning shall
revert automatically to its prior district classification without
notice and public hearing.
(3)
Within three years of the granting of a floating zone, 75% of
the public improvements devoted to such use or uses as may be permitted
in the zoning district shall be completed; otherwise, the zoning shall
revert automatically to its prior district classification. The property
owners have the ability to petition the Town Council for an extension.
