The Mayor and Town Council may from time to time amend, supplement,
change, modify or repeal this chapter, including the Zoning Map. When
doing so, the Mayor and Town Council shall proceed in the manner prescribed
in this article.
Proposals to amend, supplement, change, modify, or repeal may
be initiated by the Mayor and Town Council on its own motion, by the
Planning Commission, or by petition of one or more owners of property
to be affected by the proposed amendment, subject to the following
provisions:
A.
Proposals originated by the Mayor and Town Council. The Mayor and
Town Council shall refer every proposed amendment to the Planning
Commission. Within 30 days of the referral of said proposal, the Planning
Commission shall submit to the Mayor and Town Council a report containing
the Commission's recommendations, which may include any additions
or modifications to the original proposal.
B.
Proposals originated by the Planning Commission. The Planning Commission
may at any time transmit to the Mayor and Town Council any proposal
for amending this chapter.
C.
Proposals originated by a citizen's petition.
(1)
Each petition by one or more owners of property to be affected by
a proposed amendment shall be submitted to the Zoning Administrator
on forms provided therefor. The Zoning Administrator shall transmit
such petitions to the Mayor and Town Council and a copy thereof to
the Planning Commission.[1]
(2)
The Planning Commission may, at its discretion, notify the Mayor
and Town Council of its intention to conduct promptly a public hearing
on such petition. Within 30 days following receipt of such petition
or, if a public hearing is held, within 30 days following such hearing,
the Planning Commission shall transmit to the Mayor and Town Council
a report containing its recommendations thereon, which may include
additions or modifications to the original proposal.
To assist the Town in meeting the administrative costs of amendments,
all applicants petitioning for zoning amendments shall, at the time
of making application, pay to the Zoning Administrator for the use
of the Town a fee in accordance with a fee schedule adopted by resolution
of the Mayor and Town Council upon enactment of this chapter, or as
such schedule may be amended by resolution of the Mayor and Town Council.
No amendment, supplement, change, modification, or repeal shall
become effective until after a public hearing by the Mayor and Town
Council in relation thereto at which parties in interest and citizens
shall have the opportunity to be heard and of which a complete record
shall be kept. Notice shall be given as follows:
A.
At least 15 days prior to the date fixed for public hearing, a notice
containing the name of the applicant, if any, the date, time and place
of the hearing and the general nature of the hearing shall be published
in at least one newspaper of general circulation in the Town.
B.
When such hearing concerns a Zoning Map change, a notice of pending action containing the same information as in Subsection A above shall be posted in a conspicuous place on the property involved, such posting to be done at least 15 days prior to the date fixed for public hearing.
C.
When such hearing concerns a Zoning Map change, written notice of
the time and place of such hearing shall be sent to the applicant,
if any, and to the owners of property contiguous to or opposite the
property affected, and to the owner of the property.
D.
At the discretion of the Mayor and Town Council, written notices
of hearing may be sent to other interested persons, organizations
or agencies.
Before enacting a map amendment that would modify, repeal or
reclassify the zoning of land with the corporate limits of Smithsburg
as herein provided, the Mayor and Town Council shall make finding
of facts in each specific case, including, but not necessary limited
to, the following matters:
A.
The report and recommendations of the Planning Commission.
B.
Population change in the area of the proposed change.
C.
Availability of public facilities such as police and fire protection
and water and sewerage to serve in the area.
D.
Present and future transportation patterns in the area.
E.
Compatibility with existing and proposed development of the area.
F.
The relationship of the proposed change to the adopted plan for the
Town.
G.
Whether there has been a convincing demonstration that the proposed
rezoning would be appropriate and logical for the subject property.
A.
The Mayor and Town Council may enact the proposed amendment, modification,
repeal or reclassification 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.
A complete record of the findings and of the votes of all members
shall be kept.
B.
The Mayor and Town Council, upon the zoning or rezoning of any land
pursuant to the provisions of this article, 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 being zoned or rezoned, or of the surrounding
or adjacent lands and improvements, and may, upon the zoning and/or
rezoning of any land, retain or reserve the power and authority to
approve or disapprove the design of buildings, construction, landscaping
or other improvements, alterations, and changes to be made on the
subject land to assure conformity with the intent and purpose of this
chapter.
C.
An application for reclassification shall not be accepted for filing
by the local legislative body if the application is for the reclassification
of the whole or any part of land, the reclassification of which has
been opposed or denied by the local legislative body on the merits
within 12 months from the date of the local legislative body's
decision.
The procedure for maintaining any change of the zoning district
classification of land to GC General Commercial District or EC Employment
Center District duly enacted and adopted as an amendment pursuant
to this article, such change having been petitioned by persons other
that the Mayor and Town Council or Planning Commission, shall be as
follows:
A.
Within one year of the granting of GC General Commercial District
or EC Employment Center District zoning, application shall be made
for a zoning permit for use of said land; otherwise, the zoning for
the GC or EC District shall revert automatically to its prior district
classification without notice and public hearing.
B.
Within one year after issuance of the zoning permit, construction
or use shall be commenced on the land so zoned; otherwise, the zoning
permit shall become null and void.
C.
Within two years of the issuance of zoning permits for the land so
zoned, the subject land shall be substantially used for such purposes
as may be permitted in the zoning district; otherwise, the zoning
for the GC or EC District shall revert automatically to its prior
district classification without notice and public hearing.
B.
For any and every violation of the provisions of this chapter, the
owner, agent, architect, builder, contractor, tenant, lessee or any
other person who commits, takes part, or assists in any such violation
or who maintains or uses any building or premises in which any such
violation shall exist shall be, on conviction thereof, guilty of a
misdemeanor and liable to a fine or penalty not to exceed $100.
C.
Whenever any such person specified in Subsection B above shall have been notified in writing by the Zoning Administrator that he is violating this chapter, such person shall commence correction of all violations within five days' notice and correct all violations within 30 days thereafter. If corrections are not commenced within five days and are not either completed within 30 days or being pursued in good faith to completion, each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, use or other violation continues shall be deemed a separate offense punishable by the like fine.[2]
D.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure,
sign or land is used in violation of this chapter, the appropriate
authorities of the Town, in addition to other remedies, may institute
injunction, mandamus, or other appropriate action or proceeding to
prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; to prevent the occupancy of such building, structure
or land; or to prevent any illegal act, conduct, business, or use
in or about such premises. The rights and remedies provided in this
chapter are cumulative and are in addition to all other remedies provided
by law.
