A. 
In general. The provisions of this Chapter 18:1 and district boundaries reflected in the Zoning Maps may be changed by amendment in accordance with the provisions of this article.
B. 
Application of certain provisions.
(1) 
The provisions of §§ 1:18-217C and 18:1-219A of this Chapter 18:1 do not apply to the following:
(a) 
Any comprehensive rezoning; and
(b) 
Any proposed map amendment recommended by the Planning Commission, if the Planning Commission certifies that:
[1] 
The proposed map amendment is an accurate representation of the zoning classification originally recommended by the Planning Commission and submitted to and considered by the County Commissioners;
[2] 
On the basis of the best information available to it, the Planning Commission believes that the County Commissioners did not intend to change the recommended classification; and
[3] 
The recommended classification was, through clerical error, inaccurately represented on the final plats prepared for the signatures of the County Commissioners at the time of their formal adoption of the provisions of this Chapter 18:1.
(2) 
Nothing in this subsection shall be construed to preclude a finding by the County Commissioners that any fact contained in the certification required under the preceding sentence is inaccurate, in which event the proposed map amendment to which such finding relates shall be approved only in accordance with all provisions of this article.
The County Commissioners expressly recognize that sections of the County are changing from a rural to a residential, commercial, industrial or other character. One of the paramount purposes of the Land Use Plan was to anticipate and manage such growth. However, it is inevitable that no plan can achieve absolute perfection or remain everlastingly valid. Therefore, in addition to any other amendments which may be authorized by this article, the County Commissioners anticipate that the Land Use Plan will require comprehensive amendment at least every five years from the date of its adoption or subsequent comprehensive amendment and that the Zoning Maps must also be comprehensively amended from time to time. It is anticipated that such comprehensive amendments will be made within six months of the adoption of any amendment of the Land Use Plan.
A. 
In general. Notice of any public hearing required by this article shall be given in the manner provided in this section.
B. 
Advertisement.
(1) 
Notice of the time and place of a public hearing, together with a summary of the proposed amendment, shall be published in at least one newspaper of general circulation in the County at least once a week for two successive weeks, with the first such publication of notice appearing at least 14 days prior to the hearing.
(2) 
Notice of any hearing by the County Commissioners shall include a summary of the recommendations of the Planning Commission.
C. 
Posting. With respect to notices of a proposed map amendment, in addition to the notice required in Subsection B of this section, at least 14 days prior to the date of the hearing, each lot that would receive a new or different classification by reason of a proposed map amendment shall be posted conspicuously with notice of the time, place and purpose of the public hearing and the present and proposed zoning classifications of the lot.
[Amended 6-12-2007 by Ord. No. 07-15]
A. 
Proposal.
(1) 
A proposal for a text amendment, other than an amendment to the Subdivision Regulations, may be initiated by:
(a) 
Resolution of the County Commissioners;
(b) 
Resolution of the Planning Commission; or
(c) 
Petition of a property owner or property owners acting as a private citizens’ group filed with the County Commissioners.
(2) 
A proposal to amend the Subdivision Regulations may be initiated only by the Planning Commission.
(3) 
A proposal for a map amendment may be initiated by:
(a) 
Resolution of the County Commissioners;
(b) 
Resolution of the Planning Commission; or
(c) 
Petition of the subject property owner filed with the County Commissioners.
B. 
Required referral. Any proposed amendment that is not initiated by the Planning Commission shall be referred to the Planning Commission for investigation and recommendation.
C. 
Filing requirements for petitions for text amendments and map amendments. Any amendment to this Chapter 18, including the Zoning Maps, that is proposed by a subject property owner, a property owner or a group of property owners acting as a private citizens’ group shall be filed with the Office of the Clerk to the County Commissioners for consideration by the County Commissioners only during the first 10 business days in the month of February of each calendar year. Map amendment and text amendment petitions will not be accepted by the Clerk to the County Commissioners at any other time during the year.
A. 
Plats.
(1) 
A resolution or petition that proposes a map amendment shall be accompanied by a plat that is drawn to a scale of one inch equals 50 feet or one inch equals 100 feet and contains:
(a) 
The map, block and parcel numbers of the subject lot(s), as shown on current assessment maps of the State Department of Assessments and Taxation;
(b) 
The existing boundaries of each lot that would receive a new or different classification by reason of the proposed map amendment;
(c) 
The name, location and width of roads adjoining the subject lot(s);
(d) 
The names and addresses of adjoining lot owners, as shown by current assessment records;
(e) 
The existing zoning classification of the subject lot(s) and each adjoining lot; and
(f) 
The proposed zoning classification and its proposed boundaries.
(2) 
The provisions of this subsection are not applicable under the circumstances referred to in § 18:1-215B of this Chapter 18:1.
B. 
Other lots. If a petition for a map amendment proposes that any lot, other than a lot owned by the petitioner, receive a new or different classification by reason of the proposed map amendment, the petition shall include evidence that the petitioner has notified the owner(s) of such other lot(s), in writing and within 15 days prior to the time when the petition is filed, of an intention to file the petition.
C. 
Fee. A petition for a map amendment shall be accompanied by a fee prescribed by the County Commissioners.
A. 
Consideration. In considering any proposed amendment, the Planning Commission shall cause such investigation to be made as it deems necessary and for this purpose may require any person concerned to submit pertinent data and information.
B. 
Hearing. Before making any recommendation with respect to an amendment involving comprehensive rezoning or an amendment of the Subdivision Regulations, the Planning Commission shall hold at least one public hearing.
C. 
Report.
(1) 
The Commission shall submit its report and recommendation to the County Commissioners within 90 days from the date when it receives the proposal, unless an extension of time is granted by the County Commissioners.
(2) 
The recommendations of the Planning Commission shall include discussion of the matters required to be considered by the County Commissioners.
A. 
Hearing.
(1) 
After receipt of the recommendations of the Planning Commission, the County Commissioners shall conduct a public hearing with respect to the proposed amendment.
(2) 
Representatives of the Department of Planning and Zoning and other public agencies, parties in interest, and citizens shall be given an opportunity to be heard.
(3) 
The County Commissioners shall keep a complete record of the hearing and their votes with respect to the proposed amendment.
B. 
Consideration.
(1) 
The County Commissioners shall evaluate the proposed amendment on the basis of the recommendations of the Planning Commission, the testimony, and other evidence presented at the hearing.
(2) 
The County Commissioners may not approve any amendment unless it finds that the amendment is consistent with the purposes contained in Article 66B of the Annotated Code of Maryland, in the Comprehensive Plan, and in this Chapter 18:1.
(3) 
The decision of the County Commissioners shall be in writing and shall include findings, based upon specified facts in the record before the Commissioners, with respect to the matters referred to in Subsection C of this section.
C. 
Matters considered. In addition to other matters pertinent to the proposed amendment, the County Commissioners shall give specific consideration to the following matters:
(1) 
The purposes set forth in Article 66B of the Annotated Code of Maryland, the Comprehensive Plan, and this Chapter 18:1;
(2) 
The recommendations of the Planning Commission; and
(3) 
The relation of the proposed amendment to the Comprehensive Plan.
D. 
Referral to Planning Commission.
(1) 
If the Planning Commission has recommended the adoption of an amendment and the County Commissioners propose to adopt an amendment that changes or departs from those recommendations, the proposal of the County Commissioners shall be referred to the Planning Commission, in writing, for its further recommendations.
(2) 
If the recommendations are not received by the County Commissioners within 30 days after the proposal has been transmitted to the Planning Commission, the Commissioners may proceed to take final action without the recommendations.
E. 
Form of approval.
(1) 
If the County Commissioners propose to adopt an amendment that is substantially different from both the proposed amendment and the recommendations of the Planning Commission as described in the published notice, a new public hearing shall be held.
(2) 
Notice of the hearing shall include notice of the amendment as proposed by the County Commissioners and any recommendations of the Planning Commission, including those made after any referral required by Subsection D of this section.
F. 
Effective date. An amendment may not be effective until at least 10 days after the date of the public hearing required for its adoption.
A. 
General scope. The provisions of this section apply only to map amendments. The findings and considerations required by this section are supplemental to any other requirements of this article.
B. 
Required findings. Except in connection with any comprehensive rezoning, the County Commissioners may not approve any map amendment unless it is determined, on the basis of specified facts contained in the record before the County Commissioners, that:
(1) 
Since the adoption of this Chapter 18:1, a substantial change has occurred in the character of the neighborhood where the property is located; or
(2) 
A mistake was made in the existing zoning classification.
C. 
Considerations. In addition to any other findings required or pertinent with respect to the proposed amendment, the County Commissioners shall make specific findings of fact with respect to:
(1) 
Population change;
(2) 
Availability of public facilities;
(3) 
Present and future public transportation patterns; and
(4) 
Compatibility with existing and proposed development for the area.
D. 
Map change. Promptly after the adoption of a map amendment, the Planning Director shall prepare revised copies of the pertinent Zoning Map(s) for signature by the County Commissioners.
E. 
Disapproval. If the County Commissioners deny or refuse to adopt any proposed map amendment after a hearing, a resolution or petition proposing a map amendment with respect to the whole or any part of the land involved in the first proposal may not be accepted for filing until the expiration of 12 months from the date of the decision of the County Commissioners by which the first proposal was denied or refused.
F. 
Comprehensive rezoning. The County Commissioners may approve map amendments in connection with comprehensive rezoning of the County without the necessity of a substantial change in the character of the neighborhood of properties to be rezoned or a mistake in the existing characterization, provided that the map amendments are consistent with the goals and purposes of the Comprehensive Plan then in effect.