An application for amendment of this chapter
may be either a proposal for the amendment of the text or a proposal
for amendment of the Zoning Map. An application for an amendment to
the Zoning Map shall be one of the following types:
A. A local amendment covering a single tract, all portions
of which are proposed to be classified in one zone or two alternative
zones.
B. A sectional amendment covering two or more tracts
or parcels of land in the City, portions of which may be proposed
to be classified in different zones.
C. A comprehensive amendment covering the entire City,
portions of which may be proposed to be classified in different zones.
After acceptance for filing, an application
for a local map amendment shall not be modified or amended as to the
area proposed to be reclassified or as to the class of zone requested.
[Amended 1-25-1993 by Ord. No. 568]
A. Within a reasonable time after accepting for filing any application for the amendments provided in §
164-176, except those regarding the Historic District Zone, the Zoning Administrator shall refer a copy thereof to the Commission for its study and recommendations and notify the Commission of the hearing date of the application. The Commission shall thereupon promptly submit a report and recommendation prior to the hearing date to the Zoning Administrator, which shall be incorporated in the application file and thereafter be considered as a part of the record on the application.
B. Within a reasonable time after accepting for filing
any application for the Historic District Zone, the Zoning Administrator
shall refer a copy thereof to the Historic District Commission for
its study and recommendations and notify the Historic District Commission
of the hearing date of the application. The Historic District Commission
shall thereupon promptly submit a report and recommendation prior
to the hearing date to the Zoning Administrator, which shall be incorporated
in the application file and thereafter be considered as a part of
the record on the application.
[Amended 7-8-2002 by Ord. No. 679]
A. An application for a map amendment shall be decided
on the basis of the evidence of record, provided that any application
heard by a hearing examiner may be decided solely on the basis of
the hearing examiner's report.
B. In the event that an application is heard by an examiner,
within 10 days after transmittal of the examiner's report, any person
who or association which appeared and participated in person, in writing
or by counsel at the hearing before the examiner or any person who
would be aggrieved by any decision of the Common Council may request,
in writing, an opportunity to present oral argument before the Common
Council prior to its rendering a decision. The Common Council may,
in its discretion, grant or deny such request. Thereafter, it shall
either decide the application or remand it to the examiner for clarification
or the taking of additional evidence, if deemed appropriate.
C. An application for text or map amendment shall be either approved or denied on the merits or denied for want of the necessary total of affirmative votes as provided in §
164-187 or dismissed or allowed to be withdrawn. The Common Council may dismiss any such application if it finds that the application does not conform to any stated procedural requirements of this article or that the application is not acceptable for filing because of being filed within the time limitations of §
164-178 or that the application is frivolous or filed for purposes of harassment. The Common Council may allow an applicant to withdraw his application for a local map amendment at any time, provided that if the request for withdrawal is made after publication of the notice of hearing, no application for the reclassification of all or any part of the land which is the subject of the application shall be allowed within the time limitations set forth in §
164-178 following the date of the action of the Common Council approving such withdrawal, unless such action allowing withdrawal or subsequent resolution specifies that the time limitation shall not apply. An application for a sectional or district plan map amendment shall be approved, with such modification as the Common Council deems appropriate, as a map amendment with the force and effect of law or shall be denied.
D. Action shall be taken upon an application heard by
the Common Council within 90 days after the record has been closed.
Action shall be taken upon an application heard by a hearing examiner
within 90 days after the Council receives the examiner's report.
E. No application for a local map amendment shall be
approved for a zone other than applied for, or, if application is
made for two alternative zones, the application shall not be approved
for a zone other than one of the two applied for.
F. No application for a local map amendment shall be
approved for a greater area than that applied for, but an application
may be approved for a smaller area than that applied for if the reclassification
of such small area is supported by the evidence of record and if such
smaller area is accurately delineated in the record.
G. Any area reclassified by a local or a sectional or
district plan map amendment shall exclude and be held to exclude any
portion of the area which lies in the bed of a road, street, alley
or transit route or facility, whether existing or proposed on a plan
adopted by the Commission or Common Council.
[Added 7-8-2002 by Ord. No. 679]
A. Upon the zoning or rezoning of any land or lands pursuant
to the provisions of this chapter, the Common Council may impose any
additional restrictions, conditions, or limitations that the Common
Council considers appropriate to preserve, improve, or protect the
general character and design of:
(1)
The lands and improvements being zoned or rezoned;
or
(2)
The surrounding for adjacent lands and improvements.
B. Upon the zoning or rezoning of any land or lands pursuant
to the provisions of this chapter, the Common Council may retain or
reserve the power to approve or disapprove the design of buildings,
construction, landscaping, or other improvements, alterations, and
changes made or to be made on the land being zoned or rezoned to assure
conformity with the intent and purpose of Article 66B of the Annotated
Code of Maryland and of this Zoning Ordinance.
C. Additional restrictions, conditions, or limitations
may be originated by the applicant, by the Commission, or by the Common
Council. However, the published notice of hearing and, where appropriate,
posted notice of hearing must include not only the nature of the requested
zoning or rezoning and the time, place and date of hearing, but also
the general nature and the extent of restrictions, conditions, or
limitations imposed upon the zoning or rezoning requested.
D. In no case shall any restrictions, conditions, or
limitations waive or lessen the requirements of or prohibit uses allowed
in the approved zone.
E. In the event that any restrictions, conditions, or
limitations beyond those contained in the public notice of hearing
are sought to be imposed, a new notice containing such proposed additional
restrictions, conditions, or limitations shall be published in the
same manner as otherwise provided for public hearings and another
public hearing shall be conducted by the Common Council thereon. In
considering said restrictions, conditions, or limitations, the Common
Council may obtain an additional recommendation from the Commission.
F. In addition to any other remedies provided by law, any violation of any restrictions, conditions, or limitations placed upon a zoning or rezoning under this section shall be deemed a violation of this chapter and shall be punishable under the provisions of §
164-159. Further, the Common Council may in its discretion impose a further condition that a violation of all or any such restrictions, conditions, or limitations may automatically void the zoning or rezoning granted, causing the property involved to revert to its former zoning classification.