Charles County, MD
 
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Table of Contents
Table of Contents
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.
C. 
An application for a text amendment shall set forth the following required information:
(1) 
The new text to be added and the existing text, if any, to be deleted or amended.
(2) 
The specific reasons why such a text amendment is necessary and should be approved by the County Commissioners.
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Editor's Note: Said article was repealed by Acts 2012, 426, effective 10-1-2012.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.
A. 
The County Commissioners, at their discretion during the first year after the adoption of this chapter, may allow applications for local map amendments to be filed at designated times which may not necessarily conform to the filing periods set out in Subsections B and C below.
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.
(1) 
Continuances may be for no less than 45 days and no more than 90 days.
(2) 
The applicant shall pay the cost of the republication notice.
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.