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.
A.
Who may file.
(1)
Text amendments. An application for an amendment
of the text of this chapter may be filed by an interested party or
any officer, department, board, commission or bureau of the City.
(2)
Local amendments. An application for a local amendment to the Zoning Map may be made by any governmental agency as outlined in Subsection A or by any person with a financial, contractual or proprietary interest in the property to be affected by the proposed amendment.
(3)
Sectional and comprehensive amendments. An application
for a sectional or comprehensive map amendment may be made only by
the Commission or the Mayor and Council.
B.
Signature of applicant. All applications shall be
signed by the applicant and shall state his name and address.
A.
An application for a local map amendment shall not
be accepted for filing by the Zoning Administrator if the application
is for the reclassification of the whole or any part of land, the
reclassification of which has been denied by the Common Council on
the merits within 12 months from the date of the decision of the Common
Council or the date of the last judicial decision upholding the decision
of the Common Council.
B.
An application for a local map amendment shall not
be accepted for filing by the Zoning Administrator if the application
fails to conform to any of the applicable requirements of this chapter.
A.
An application for a text amendment or for a local
map amendment shall not be accepted for filing unless it is in the
form provided herein and is accompanied by a receipt from the City
Treasurer showing payment to the City of the applicable filing fee.
C.
The filing fee requirements of this section do not apply to the governmental agencies described in § 164-177A(1).
D.
Once paid, no filing fee shall be refunded unless
the application is withdrawn prior to its advertising for hearing
has been ordered, in which event 3/4 of the fee shall be refunded.
A.
Local map amendments. An application for a local map
amendment shall be in such form as the Zoning Administrator may prescribe
and shall include the following:
(1)
A written statement specifying:
(a)
The street number, if any, of the land proposed
to be reclassified or, if none, the location with respect to nearby
public roads.
(b)
A description by metes and bounds, courses and
distances of the land or, if the boundaries conform to lot boundaries
within a subdivision for which a plat is recorded in the land records
of the county, then the lot, block and subdivision designations with
appropriate plat reference.
(c)
The present zoning classification of the land,
the proposed classification and the alternative classification, if
any.
(d)
The name and address of the owner of the land.
(e)
The area of the land proposed to be reclassified,
stated in square feet if less than one acre and in acres if one or
more.
(f)
The application number and the date of the application
of and the action taken on all prior applications filed within three
years previously for the reclassification of the whole or any part
of the land proposed to be reclassified.
(2)
An identification plat prepared by a civil engineer,
surveyor or other competent person and certified thereon by him to
be correct and in conformity with this subsection, showing by metes
and bounds, courses and distances the land proposed to be reclassified
or, if the boundaries conform to lot boundaries within a subdivision
for which a plat is recorded among the land records of the county,
then a copy of such plat, with the land proposed to be reclassified
appearing in a color distinctive from that of other land shown on
the plat.
B.
Sectional and comprehensive amendments. An application
for a sectional or comprehensive amendment shall be in such form as
the Zoning Administrator may prescribe.
C.
Text amendments. An application for an amendment to
the text of this chapter shall be in such form as the Zoning Administrator
may prescribe but shall include the new text which is proposed to
be added and the existing text which is proposed to be deleted.
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.
A.
Erection of sign. Not less than 20 days before the
hearing date on an application for a local map amendment, the Zoning
Administrator shall erect a sign on the land proposed to be reclassified.
The sign shall be erected within 10 feet of whatever boundary line
of such land abuts the most traveled public road and, if no public
road abuts thereon, then facing in such manner as may be most readily
seen by the public. The sign shall contain such information as the
Zoning Administrator may require, including the time, place and purpose
of the hearing.
B.
Removal of or tampering with sign. It shall be unlawful
for anyone except the Zoning Administrator to remove or tamper with
the sign erected under this section during the period it is required
to be maintained.
C.
Affidavit. At the hearing on any application for a
local amendment to the Zoning Map or within 10 days thereafter, the
applicant shall file an affidavit stating that the sign required by
this section was continuously maintained in accordance with the requirements
thereof through the date of the last hearing on such application.
If such sign was not continuously maintained, such affidavit shall
be sufficient if it states that following erection of such sign the
property was inspected at least once per week and that on each and
every occasion through the date of the affidavit such sign was found
to be in place or, in the event that such sign was damaged, destroyed
or removed, that such sign was repaired or replaced within five days
of the inspection which resulted in discovery of the damage to or
destruction or removal of such sign.
[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.
A.
The Mayor and Common Council may appoint such full-
or part-time hearing examiners as in its discretion may be deemed
necessary and appropriate and may delegate to such hearing examiner
or examiners the power to hold and conduct public hearings in the
manner and subject to such rules and regulations as may be provided
by the Mayor and Common Council.
B.
The hearing examiner or examiners shall be appointed
for such terms of office, shall be possessed of such qualifications
and shall receive such compensation as may be provided by the Mayor
and Common Council.
C.
Any such hearing examiner is hereby authorized to
issue subpoenas to compel attendance of witnesses and production of
documents at any public hearing and to administer oaths to witnesses
appearing before the examiner.
D.
The hearing examiner shall promptly render a written
report and recommendation on each application heard after the record
of the hearing is closed.
E.
The hearing examiner may recommend rules and regulations
regarding the conduct of public hearings and other functions of the
hearing examiner.
F.
The hearing examiner may perform such other tasks
and duties as the Mayor and Common Council from time to time may assign.
G.
Concurrently with the transmittal to the Mayor and
Common Council, copies of the hearing examiner's report shall be mailed
to the applicant, the Commission and to all persons and associations
entering an appearance at the hearing as evidenced by the hearing
transcript.
A.
Notice of hearing.
(1)
Within 120 days of accepting any application for the amendments provided in § 164-177 for filing, the Zoning Administrator shall set the application for hearing at a specified date, time and place and shall cause to be published in at least one newspaper of general circulation in the county, once each week for two successive weeks, notice of the public hearing on such application, stating the application number, date, time and place of hearing and containing the following:
(a)
A summary of the amendment, if a text amendment.
(b)
The location of the property, its area, name
of owner, change of classification or two alternative classifications
applied for and the application number, if a local map amendment.
(c)
The designation of the area covered, if a sectional
or district zoning plan map amendment, and the place where copies
of the map or maps and the application may be examined. The first
publication of notice shall appear at least 15 days prior to the hearing.
(2)
Additionally, at least 15 days prior to the
hearing on any application for a local amendment to the Zoning Map,
the Zoning Administrator shall send a written notice of such hearing
by regular mail, postage prepaid, to the owners of all real property
immediately adjacent to the property which is the subject of such
application.
(3)
The Zoning Administrator shall notify the applicant
and the Commission by mail of the date, time and place of hearing.
The date of hearing shall not be less than 20 days following the newspaper
publication of the notice.
(4)
All application files in the custody of the
Zoning Administrator shall be open to public inspection during regular
office hours. Such files shall not be removed from the Zoning Administrator's
office or inspected therein at other times by any person, except that
such files may be removed from such office or inspected therein at
other times by any person pursuant to court order or by the Mayor
and Common Council, by the City Attorney or by the hearing examiner.
B.
Availability of evidence prior to hearing. The Mayor
and Common Council may prescribe regulations pertaining to the submission
of documentary evidence into the record of any application prior to
the advertised hearing date for such application.
C.
Conduct of hearing. Any interested person shall have the right to submit oral or written testimony or documentary evidence into the record at the hearing of any application subject to the regulations adopted under Subsection B of this section. There shall be a complete record of the testimony at the hearing with all exhibits admitted at the hearing, including the application, which shall promptly be incorporated by the Zoning Administrator in the application file and shall be considered a part of the record on the application. The Zoning Map and any sectional or district zoning highway plan map adopted by the Commission for the area within which lies the land proposed to be reclassified shall be considered a part of record on the application. Evidence which is immaterial, irrelevant or unduly repetitious may be excluded. The hearing may be adjourned from time to time to a date certain on public announcement at the hearing of the earliest practicable date, time and place for resumption of the hearing.
D.
Receipt of recommendations. No hearing shall be conducted
prior to receipt by the Zoning Administrator of the report and recommendations
of the Commission.
E.
Requests for postponement. Requests for postponement
of a scheduled hearing shall be filed, in writing, with the Zoning
Administrator not less than 10 days prior to the date of hearing and
shall be accompanied by a sum of money sufficient to pay the cost
of advertising the postponement and the rescheduled hearing. The granting
of such requests shall be at the discretion of the President of the
Common Council.
F.
Late filing of request. Requests for postponement filed later than 10 days prior to the date of a scheduled hearing shall, in addition to the other requirements set forth in Subsection E, be supported by an affidavit of the party making the request or of some other creditable person. The granting of such request shall be at the discretion of the Common Council, in cases of extreme hardship, or upon good cause shown.
[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:
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.
A.
On any application for a local map or sectional map,
the Common Council shall adopt written decisions which shall contain
findings of fact in each specific case, including but not limited
to the following matters: the purpose of this chapter, population
change, availability of public facilities, present and future transportation
patterns, compatibility with existing and proposed development for
the area, the recommendation of the Commission and the relationship
of such proposed amendment to the City's plan; and may grant the amendment
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 votes of the Common Council shall be kept.
B.
Each member of the Common Council shall have one vote on all zoning decisions. A majority of affirmative votes shall be necessary to adopt a decision granting an application for a map or text amendment, except as provided in the Charter of the City of Westminster as it exists on the date of the enactment of this chapter or as it may thereafter be amended. If the necessary total of affirmative votes as herein provided shall fail to be achieved for any reason, the application shall be held to be denied; no decision need be adopted for such denial, and the minutes shall so reflect the denial for want of the necessary affirmative vote total. Any such denial for want of the necessary total of affirmative votes shall not be subject to the time limitation set forth in § 164-178. A copy of the decision shall be filed in the application record, and a copy shall be promptly mailed by the Zoning Administrator to the applicant, the Commission and to all parties to the proceeding before the Common Council as shown by the hearing transcript.
C.
The decision of the Common Council on any application for a local map or sectional map text amendment shall be final. The time for appeal from a final decision of the Common Council, including a denial for want of the necessary total of affirmative votes as set forth in § 164-186, shall begin to run from the date of the decision or from the date the application was denied for want of the necessary total of affirmative votes.
D.
Any decision by the Common Council on an application
for a local map, sectional map or text amendment shall not become
effective until 10 days after the conduct of the public hearing held
on said application.
E.
A member of the Common Council shall not consider
any ex parte or private communication from any person, whether oral
or written, which he knows is or reasonably may be intended to influence
unlawfully the decision on the merits of any application pending before
the Common Council. Any such ex parte or private communication received
and considered shall be made part of the public record by the recipient
and, if made orally, shall be written down in substance for this purpose
by the recipient. A communication to the Common Council concerning
the status or procedures of a pending matter shall not be considered
an ex parte or private communication. Alternately, upon receipt of
such ex parte or private communication, a member of the Common Council
may abstain from participating in the decision. This subsection shall
not apply to legal advice rendered by the City Attorney or his staff
and shall not apply to technical advice or explanation by governmental
agencies at the request of a member or members of Common Council.
A.
The Commission shall determine whether any development
of land is or is not in substantial accordance with an approved development
plan or an approved amended development plan, and the party implementing
an approved development plan or an approved amended development plan
must obtain a determination by the Commission as to whether or not
a proposed undertaking is in substantial accordance with an approved
development plan or an approved amended development plan.
B.
In order to assist in achieving the flexibility of design needed for the implementation of the purposes of certain planned development zones, a development plan must be submitted as a part of the application for reclassification of land to the planned development zones set forth in Articles XIA, XII, XIII and XIV of this chapter. Approval of the application for rezoning must include explicit approval of a development plan. Development of land must be in substantial accordance with an approved development plan or an approved amended development plan. Modification of road alignments, unit types or site planning designs which do not increase the approved density of the project shall not constitute a substantial change in the development plan unless the Commission considers such a change to have an adverse impact on the adjacent properties or general character of the approved development plan.
[Amended 9-25-2000 by Ord. No. 638]
C.
The application process for all planned developments
shall follow the same process, whether they are divided into multiple
phases or not. The process will consist of three stages: rezoning
(development plan approval), subdivision (culminating with the final
plat) and building permit (site plan approval). In the event that
the development includes multiple phases, separate applications for
subdivision and building permit will be required for each separate
development phase.
D.
All development plans and amendments thereto shall
be prepared by and certified by a licensed architect, landscape architect
or registered civil engineer.
E.
A development plan shall be prepared, taking into
consideration the following standards and design criteria, and shall
reflect compliance with the standards and criteria:
(1)
In residential areas of planned developments,
units shall be arranged and distributed so that higher densities are
not unreasonably and disproportionately concentrated in areas of open
space, single-family and semidetached dwellings or so located as to
concentrate traffic on minor residential streets.
(2)
Interior and exterior roads shall provide safe
and adequate links among areas in the development and to areas outside
of the development. Sufficient ingress and egress shall be provided
to accommodate the projected traffic flow.
(3)
All planned developments shall be provided with
water and sewage facilities sufficient to meet project needs for the
development.
F.
The development plan shall clearly indicate how the
proposed development would meet the standards and purposes of the
zone applied for. The development plan shall include the following:
(1)
The location, acreage and density calculations
for each zone.
(2)
The location, acreage and gross leasable area
of all other nonresidential uses, including open space.
(3)
The location and dimensions, to include right-of-way
and pavement widths, for all proposed roads.
(4)
Conceptual site plans for all buildings and
parking areas, including schematic single-family and multifamily layouts.
(5)
A preliminary utility master plan showing the
layout of water and sanitary storm sewer mains.
(6)
The phasing plan, in the event of more than
one phase.
(7)
Evidence of approval of other agencies to assure
the adequacy of those aspects of the plan pertinent to the respective
department, commission or office. These agencies may include, among
others, the Health Department, State Highway Administration, Carroll
County Department of Public Works, Carroll County Planning Commission
and Carroll County Board of Education.
(8)
Proof that the owners and/or applicants for
any planned development are financially able to complete the proposed
development and that they intend to start construction within 18 months
of the Commission's approval.
G.
Submission requirements for supplements to the development
plan shall include the following information:
(1)
A property map describing the boundary and total
acreage of the proposed project.
(2)
Topography of the project area at five-foot-contour
intervals with identification of all slopes in excess of 25%.
(3)
One-hundred-year floodplain area, bodies of
water and watercourses.
(4)
Easements and public rights-of-way.
(5)
Existing utilities.
(6)
Vegetation, including existing trees.
(7)
Adjacent land use and zoning.
(8)
Existing public and private roads.
(9)
Existing structures.
(10)
The names of all abutting property owners.
(11)
A soil map.
(12)
A map showing the relationship of the site to
the surrounding area.
(13)
The relationship, if any, of the development
program to the City's capital improvements program.
(14)
Other information, drawings or models required
by the Commission, the hearing examiner or the Common Council as being
necessary for evaluation of such plan of development or additional
information which the applicant may deem necessary to support the
application.
H.
All development plans and proposed amendments to development
plans shall be subjected to review and recommendation comments by
the Commission of the City in accordance with the following process:
(1)
The Commission shall consider whether a rezoning
application and an accompanying development plan fulfill the purposes
and requirements of the applicable zone and shall recommend approval,
approval with recommended modifications or disapproval thereof to
the Common Council, particularly considering, in regard to the development
plan, those matters which the Common Council must consider in acting
upon the rezoning application.
(2)
In reviewing a development plan, the Commission
shall give consideration to:
(a)
The purpose and objectives of the requested
zonal district and the planned development.
(b)
Compliance with the standards and design criteria
for a planned development.
(c)
Any other considerations relating to the location,
size and specific character of the site deemed appropriate by the
Commission having a substantial bearing on achieving maximum safety,
convenience and environmental and amenity qualities for the development
and its residents or users.
(d)
The Comprehensive Development Plan.
(3)
The material required to be filed as or with
a development plan may be presented to the Commission and its staff
in an informal presentation for informal comment and recommendations
by the Commission and its staff.
(4)
Upon the receipt of informal comment and recommendations
by the Commission and its staff, the development plan, with any changes
or alterations, will be formally presented in a public hearing before
the Commission.
(5)
Following the public hearing on a development
plan, the Commission shall submit its written decision on the plan
to the applicant to approve, approve with modifications or disapprove
the plan within 45 days of the date of the hearing.
(6)
The Planning Commission shall also submit its
written decision on the development plan to the hearing examiner,
if any, and the Common Council for inclusion in the record of the
rezoning application of which the plan is a part.
(7)
The decision of the Commission on a development
plan shall be considered by the hearing examiner, if any, and the
Common Council in considering all rezoning applications which require
development plans.
I.
The hearing examiner or Council shall consider the
development plan as a part of the application for rezoning for the
purposes of conducting the required public hearing on rezoning applications
and preparing the examiner's report and recommendation on a rezoning
application to the Council. The hearing examiner or Council shall
not conduct a public hearing on a rezoning application which includes
a development plan until after receipt of the decision of the Commission
on said plan.
J.
In considering a rezoning application which includes
a development plan, the Common Council shall consider whether the
application and the development plan fulfill the purposes and requirements
set forth in this chapter. In so doing, the Common Council shall make
the following specific findings, in addition to any other findings
which may be found to be necessary and appropriate to the evaluation
of the proposed reclassification:
(1)
That the zone applied for is in substantial
compliance with the use and density indicated by the Master Plan or
sector plan and that it does not conflict with the general plan, the
City's capital improvements program or other applicable City plans
and policies.
(3)
That the proposed vehicular and pedestrian circulation
systems are adequate and efficient.
(4)
That by its design, by minimizing grading and
by other means, the proposed development would tend to prevent erosion
of the soil and to preserve natural vegetation and other natural features
of the site.
(5)
That any proposals, including restrictions,
agreements or other documents, which show the ownership and method
of assuring perpetual maintenance of those areas, if any, that are
intended to be used for recreational or other common or quasi-public
purposes, are adequate and sufficient.
(6)
That the submitted development plan is in accord
with all pertinent statutory requirements and is or is not approved.
Disapproval of a development plan by the Common Council shall result
in a denial of the rezoning application of which the development plan
is a part.
K.
An approved development plan may be amended, upon
the application by the developer of a planned development, by the
Council. Any application for an amendment to an approved development
plan shall be filed with the Commission and shall be subject to all
the procedures, hearings and requirements contained in this chapter
which pertain to development plans. An amendment to an approved development
plan shall not involve a change in zoning or the area zoned. The Common
Council shall approve or disapprove the application for amendment
of an approved development plan.
L.
Development and construction of all planned developments
must be in accordance with the provisions of an approved development
plan or approved amended development plan.
M.
Following approval of the development plan, the applicant shall then submit plans for subdivision (final plat) and building permits for each separate phase of the planned development. The procedure for such submissions shall follow the requirements for subdivision of land as defined in Article XXIV.
N.
The subsequent approval of such subdivision plans
and building permits shall require Common Council approval only in
the event that such submissions deviate materially from the approved
development plan.
O.
An approved development plan or amendment thereto
shall remain valid for a period of 24 months following the expiration
of all applicable appeal periods. In the event of an appeal to a court
affecting the development plan, the time limitation under this subsection
shall run from the decision date of the court making final determination
of the appeal. If at the end of that twenty-four-month period site
plan approval, including any required subdivision plan approval, has
not been obtained and construction has not begun, the development
plan shall be considered void unless the Council approves a petition
for an extension of time submitted by the applicant, his successor
or assigns for an extension not to exceed 12 months. This subsection
shall not apply to a development plan approved on or before the effective
date of this section.
A.
B.
If the decision of the Common Council is to grant
a local amendment application with conditions, it shall adopt a decision
proposing the restrictions, conditions or limitations upon which such
application is to be granted.
C.
The Common Council shall thereafter hold a public
hearing on such proposed conditions, notice of which shall be given
as in the case of an original local amendment application, and in
writing by first class mail, to any person who has registered an appearance,
in writing, prior to the adoption of such resolution.
D.
Following such public hearing on the proposed conditions, the Common Council may adopt a decision granting the application with the additional restrictions, conditions or limitations contained in or such modifications thereof as are not substantially different therefrom. Upon the adoption of such ordinance, the letter and number of the classification of such property on the Zoning Map shall be followed by the letter "C" to designate the zoning classification as conditional. Such decision shall be subject to judicial review under § 164-190.
A.
Who may appeal; procedure. Any persons, jointly or
severally, aggrieved by any decision of the Common Council or any
taxpayer or any officer, department, Board or bureau of the City may
appeal the same to the Circuit Court for Carroll County. Such appeal
shall be taken in accordance with the Maryland Rules as set forth
in Chapter 1100, Subtitle B.
B.
Hearing; additional testimony. If, upon the hearing,
it shall appear to the Court that testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee
to take such evidence as it may direct and report the same to the
Court with his findings of fact and conclusions of law, which shall
constitute part of the proceedings upon which the determination of
the Court shall be made.
C.
Costs not allowed against Common Council; exception.
Costs shall not be allowed against the Common Council unless it shall
appear to the Circuit Court that it acted with gross negligence or
in bad faith or with malice in making the decision appealed from.
D.
Issues under section have preference. All issues in
any proceeding under this section shall have preference over all other
civil actions and proceedings.
E.
Decision of Circuit Court; appeal to Court of Special
Appeals; costs. Upon its determination of the case, the Circuit Court
shall file a formal order embodying its final decision. An appeal
may be taken to the Court of Special Appeals, during the period and
in the manner prescribed by the Maryland Rules, from any decision
of the Circuit Court. In such cases, the award of costs shall be subject
to the discretion of the Court of Special Appeals.
