A.
An application for a text amendment may be initiated by the County
Commissioners, the Planning Commission, an agency of the County government
or any person.
B.
An application for a text amendment may be filed with the Zoning
Officer at any time, upon payment of the specified filing fee.
D.
All application files will be in the custody of the Zoning Officer
and will be open to public inspection during regular office hours.
Any persons may, at their expense, obtain copies of any or all portions
of an application file.
E.
The Planning Commission, within 45 days after the filing of an application,
will issue written notification to the applicant of the date when
it will consider the requested text amendment.
F.
The Zoning Officer will transmit to the Planning Commission a report
and recommendation on the proposed text amendment at least 15 days
prior to the date when the proposed text amendment will be considered.
G.
The Planning Commission, within 60 days after considering the proposed
text amendment, shall transmit a report and recommendation, along
with those of the Zoning Officer, to the County Commissioners.
H.
The County Commissioners, within 45 days after receiving the report
and recommendations of the Planning Commission and Zoning Officer,
will issue written notification to the applicant of the scheduled
date of the public hearing on the proposed text amendment.
I.
The Zoning Officer shall provide newspaper notice of the date, time
and place of the County Commissioners' public hearing on the proposed
text amendment, together with a summary of the proposed text amendments,
which shall be published in at least one newspaper of general circulation
in Charles County, once each week for two successive weeks, with the
first such publication of notice appearing at least 14 days prior
to the hearing, pursuant to Article 66b of the Annotated Code of Maryland.[1]
[1]
Editor's Note: Said article was repealed by Acts 2012, 426,
effective 10-1-2012. See now the Land Use Article.
J.
The County Commissioners, during the public hearing, may establish
time limitations for the testimony by persons and associations.
K.
The County Commissioners, at their discretion, may hold the record
open for a time certain subsequent to the termination of the public
hearing for the submission of additional information or analysis by
the Planning Commission, Zoning Officer or any person who testified
during the hearing.
L.
The County Commissioners, at their discretion, may continue a public
hearing to a specific date and time without having to publish notice
of such a continued hearing.
M.
The County Commissioners, no later than 60 days after the termination
of the public hearing or after the record is closed, shall issue a
written resolution which considers the merits of the text amendment
and provides reasons for its adoption or denial.
N.
The County Commissioners shall have the right to extend any of the
time deadlines in this section.
O.
An applicant may withdraw, in writing, an application for an amendment
of the text of this chapter any time prior to the County Commissioners'
public hearing. In such case, either the Planning Commission or Zoning
Officer may become the sponsor or new applicant for the text amendment.
B.
Applications for local map amendments requesting rezoning of land
to a different base zone will be accepted only in the months of January,
April, July and October, upon payment of the specified filing fee.
[Amended 10-25-1999 by Ord. No. 99-92]
C.
Applications for local map amendments requesting rezoning of land
to a planned development zone will be accepted only in the months
of February, May, August and November, upon payment of the specified
filing fee.
[Amended 10-25-1999 by Ord. No. 99-92]
D.
Applications for all local map amendments shall contain the information
required in the forms provided by the Zoning Officer.
E.
The Zoning Officer shall have custody of all zoning files and shall
maintain the record in each such case.
F.
Within 45 days after the filing of a complete application, the Planning
Commission will establish a date for the public meeting to consider
the application.
[Amended 12-7-1993 by Ord. No. 93-100; 11-21-1994 by Ord. No.
94-100]
G.
The Zoning Officer, 15 days prior to the Planning Commission's public
meeting on the application, shall submit a written report and recommendation
analyzing whether the application satisfies the requirements of this
chapter and the provisions of Article 66b of the Annotated Code of
Maryland[1] and other appropriate laws, regulations, standards and
court decisions and is in accordance with the recommendations of the
Comprehensive Plan for the subject property.
[1]
Editor's Note: Said article was repealed by Acts 2012, 426,
effective 10-1-2012. See now the Land Use Article.
H.
The Planning Commission's public meeting on the application will
be in accordance with its duly adopted Rules of Practice and Procedure.
I.
The Planning Commission may continue a public meeting or may hold
the record open for the submission of additional information.
J.
Within 60 days after the termination of the public meeting or the
closing of the record, the Planning Commission will transmit its report
and recommendation on the application to the County Commissioners,
along with the report and recommendation of the Zoning Officer.
K.
Within 60 days after the receipt of the Planning Commission's and
Zoning Officer's reports and recommendations, the County Commissioners
shall establish and notify the applicant of the date, time and place
for the public hearing on the application.
L.
At least 14 days prior to the public hearing, the applicant shall
post the subject property, pursuant to the County Commissioners' Rules
of Practice and Procedure, with signs that are provided by the Zoning
Officer.
M.
The required location for the posting of the zoning sign will be
given to the applicant by the Zoning Officer in accordance with the
County Commissioners' Rules of Practice and Procedure. One sign shall
be placed on each side, front, or rear of the property which abuts
a public or private road. For properties with a street frontage of
more than 200 feet, two signs are required along the property line
and separated by at least 100 feet. The signs shall be posted as to
be faced in opposite directions so as to be visible by the public
and traffic traveling in either direction parallel to the street frontage.
[Amended 11-18-2014 by
Bill No. 2014-09]
N.
During the public hearing, the applicant shall submit an affidavit
of posting to the County Commissioners.
O.
At least 14 days prior to the Planning Commission public meeting,
and again at least 14 days prior to the County Commissioners' public
hearing, the applicant shall mail a certified letter of notification
to each property owner whose land is within a two-hundred-foot radius
of the property line that is the subject of the rezoning request.
The applicable notification list shall be provided by the Planning
Division to the applicant.
[Amended 11-18-2014 by
Bill No. 2014-09]
P.
During the public hearing, the applicant shall submit an affidavit
of mailing to the County Commissioners.
Q.
The Zoning Officer shall cause publication of notice, cost to be
paid by the applicant, of the date, time and place of the public hearing,
together with a summary of the requested rezoning, in at least one
newspaper of general circulation in the County once each week for
two successive weeks, with the first publication of notice at least
14 days prior to the public hearing.
R.
The public hearing will be conducted pursuant to the Rules of Practice
and Procedure adopted by the County Commissioners which, among other
things, but in no way limited thereto, shall control the duration
of testimony, cross-examination of witnesses and all other matters
related to the conduct of the hearing.
S.
The County Commissioners may continue a public hearing to a time
certain without having to advertise or give notice of each additional
session of the hearing.
T.
The County Commissioners may close the record at the termination
of the hearing or may request any party at the hearing to submit additional
information and may hold the record open after the termination of
the hearing to receive such information, the views of the opposing
party or an analysis of such information in a supplemental written
report from the Planning Commission or Zoning Officer.
U.
The County Commissioners may request a supplemental report from the
Planning Commission or Zoning Officer to analyze any information,
testimony, exhibits or issues related to the hearing; and may cause
the record to remain open for a specified period of time in order
to receive such supplemental report.
V.
Within 60 days after the record is closed, the County Commissioners
shall issue a written decision, either granting or denying the application,
which contains findings of fact and conclusions of law to support
such decision.
W.
The County Commissioners may extend or continue the time for the
issuance of their decision on an application.
X.
An applicant may withdraw, in writing, an application for a local
map amendment any time prior to the County Commissioners' public hearing.
Any new application for the rezoning of the same property shall be
subject to all procedures and fees required for an original application
for a local map amendment.
Y.
Continuances at applicant's request. At least 10 days prior to the
Planning Commission's public meeting or the County Commissioners'
public hearing, an applicant, in writing and for good cause shown,
may make one request that such meeting or hearing be continued to
a date certain.
A.
The County Commissioners' procedures for considering a request to revise, amend or change any of the provisions, conditions or requirements imposed on the granting of a zoning reclassification shall adhere to all of the procedures and requirements established for the processing and consideration of a local map amendment contained in § 297-448.
B.
A request to revise, amend or change any of the provisions, conditions
or requirements imposed on the granting of a zoning reclassification
shall satisfy all of the standards and requirements of the zone which
was mapped on the subject property when the County Commissioners granted
the most recent zoning reclassification.