This chapter or the Official Zoning District
Maps may from time to time be amended, supplanted, modified or repealed
through text amendments, rezonings by application and comprehensive
rezonings.
A.
Initiation. Proposed Zoning Ordinance text amendments
may be submitted to the Planning Commission for review by any citizen,
organization, governmental agency or by the Planning Commission on
its own initiative.
B.
The Planning Commission shall have the opportunity, at least two
regularly scheduled meetings, to review proposed text amendments and
to submit proposed findings and recommendations to the County Commissioners.
[Amended 6-28-2016 by Ord. No. 2016-1]
C.
The County Commissioners shall adopt all changes to this chapter
in accordance with the procedural requirements of the Land Use Article,
Title 4, of the Annotated Code of Maryland.
[Amended 6-28-2016 by Ord. No. 2016-1]
A.
Application procedure. Rezoning applications shall
be submitted on forms obtained from the Zoning Administrator. Each
application shall be signed by the property owner(s), a duly authorized
agent or by any other person(s) with a contractual or proprietary
interest in real property covered by the rezoning application. The
completed application, together with all required information and
fees, shall be filed with the Zoning Administrator, who shall review
the application for adequacy and forward it to the County Planner.
The County Planner, upon receipt of a properly completed application,
shall schedule a public hearing before the Planning Commission within
60 days and publish the required public hearing notices.
B.
Public hearing required. Before any rezoning by application can be adopted, a duly advertised public hearing shall be held by both the Planning Commission and the County Commissioners as prescribed in § 175-167 of this chapter.
C.
Public hearing notice. The notice shall contain the
name(s) of the applicant(s) and current property owner(s), a brief
description sufficient to identify the property involved, the current
and proposed zoning district classifications and the date, time and
place of the public hearing. No fees shall be refunded if a rezoning
application is withdrawn after publication of the public hearing notice.
D.
Posting of property. At least 14 days prior to the
scheduled public hearing, the Zoning Administrator shall erect a sign
on the land proposed to be rezoned. Such sign shall be erected within
25 feet of the boundary line of said land which abuts the most traveled
County or state road, and if no County or state road abuts thereon,
then such sign shall be erected to face in such a manner as may be
most readily seen by the public. The sign shall be removed by the
Zoning Administrator after a decision is made by the County Commissioners
or the application is withdrawn.
E.
Notification of interested parties and adjoining property
owners. The County Planner shall mail copies of the public hearing
notice by United States mail, first class postage prepaid, to all
interested parties, as shown by the record of said proceeding on file,
and to all adjoining property owners not less than 10 days before
the date of the hearing. The mailed notices shall be directed to the
names and addresses as shown on the most recently available quarterly
Subdivision Listing for Caroline County published by the State Department
of Assessments and Taxation.
F.
Reapplication after denial. An application for rezoning
shall not be accepted for any part of a property for which the County
Commissioners have denied a rezoning application on merit within the
previous 12 months.
G.
Change or mistake rule. The County Commissioners may
grant a rezoning by application 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
district classification, and that a change in zoning district classification
will be more desirable in terms of the objectives of the Comprehensive
Plan. The County Commissioners shall also make a finding of what area
reasonably constitutes the neighborhood of the subject property.
H.
Basis for denial. Even if the County Commissioners
find that there has been a change or mistake and that the application
complies with all of the specific requirements of this chapter, they
may deny the application for rezoning upon a finding that the proposed
rezoning and possible resulting development would not be compatible
with neighboring land uses or with the purposes and intent of this
chapter or the Comprehensive Plan.
A.
Initiation. Comprehensive rezonings may be initiated
only by the Planning Commission.
B.
Public hearing required. A duly advertised public hearing shall be held by both the Planning Commission and the County Commissioners as prescribed by § 175-167 of this chapter.
C.
Public hearing notice. The public hearing notice shall
contain a brief description sufficient to identify the property involved,
the current and proposed zoning district classifications and the date,
time and place of the public hearing.
D.
Posting of property; notification of adjoining property
owners. Posting of property and notification of neighboring property
owners shall not be required.
E.
Notification of property owners within area of rezoning.
The County Planner shall mail copies of the public hearing notice
by United States mail, first class postage prepaid, to all owners
of property located within the area proposed for rezoning. The mailed
notices shall be directed to the names and addresses as shown on the
current real property tax records for Caroline County.
F.
Change or mistake rule. A comprehensive rezoning is
not subject to the change or mistake rule.
A.
Recommendation of Planning Commission. Within 60 days
after the close of the public hearing, the Planning Commission shall
recommend either approval or rejection of the proposed text amendment
or rezoning and shall forward its recommendation to the County Commissioners.
[Amended 8-12-2014 by Ord. No. 2014-1]
B.
Decision of County Commissioners.
(1)
Within 60 days from the receipt of the Planning Commission's recommendation, the County Commissioners shall hold a duly advertised public hearing as prescribed by § 175-167 of this chapter on the proposed text amendment or rezoning.
[Amended 8-12-2014 by Ord. No. 2014-1]
(2)
The County Commissioners shall not approve a rezoning
to a different zoning district or for a greater area than that applied
for. An application may be approved for a smaller area than that applied
for if the rezoning of such smaller area is supported by the evidence
or record and if such smaller area is accurately delineated in the
record.
(3)
The decision of the County Commissioners shall be
rendered within 30 days after the close of the public hearing.
C.
Findings of fact. Prior to a decision on any proposed
rezoning, the County Commissioners shall make findings of fact, including
but not limited to the following matters: population change, availability
of public facilities, present and future transportation patterns,
compatibility with existing and proposed development for the area
and compatibility with the Comprehensive Plan. In addition, the County
Commissioners shall make a finding of fact on the recommendation of
the Planning Commission.
A.
Restrictions, conditions or limitations generally.
The County Commissioners, upon the approval of any rezoning by application,
may impose such additional restrictions, conditions or limitations
as they deem appropriate to preserve, improve or protect the general
character and design of the land and improvements being rezoned or
of the surrounding or adjacent land and improvements and may 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 to assure conformity
with the intent and purpose of this chapter. Conditions imposed shall
not prohibit any use expressly permitted in the zoning district to
which the land is rezoned.
B.
Specification of dates; compliance with certain requirements.
(1)
The County Commissioners, upon the approval of any
rezoning by application, may specify dates prior to which the applicant
shall comply with the following actions, or the rezoning of the property
shall be void and shall revert to its prior zoning district classification:
(a)
Submit a site plan to the Zoning Administrator
for review and approval;
(b)
Apply for zoning certificates and/or building
permits for structures comprising a substantial portion of the improvements;
and/or
(c)
Substantially complete construction in accordance
with such zoning certificates and/or building permits.
C.
Enforcement authority designated. The Zoning Administrator
shall monitor and enforce any conditions imposed by the County Commissioners
under this section and shall make inspections of the property as necessary
for the purpose of determining compliance with any such conditions.
D.
Public hearing notice requirements. In addition to
the general public hearing notice requirements, the public hearing
notice for the County Commissioners shall include a summary of any
conditions sought to be imposed on the rezoning. If the County Commissioners
substantially alter these conditions or impose new conditions not
previously noticed, they shall not take final action on the rezoning
until after a summary of the altered or new conditions is published
and all interested parties have been provided an opportunity to comment.
