The Town Council may from time to time amend,
supplement, change, modify or repeal the Comprehensive Plan, this
chapter or any part thereof, including the Zoning Map. When doing
so the Town Council shall proceed in the manner prescribed in this
article.
Proposals to amend, supplement, change, modify,
or repeal may be initiated by the Town Council on its own motion,
or by any member thereof, by the Mayor, the Planning Commission, if
by a majority of its members, or by petition of one or more owners
of property which is the subject of the proposed amendment, if by
change to the Zoning Map; and shall be subject to the following provisions:
A.
Proposals originated by the Town Council, any member
thereof, or the Mayor. Any proposal originated by the Town Council,
by its own motion, or any member thereof, or by the Mayor of the Town,
shall be referred immediately by the Town Council to the Planning
Commission. Within 30 days of the referral of the said proposal, whether
to amend, supplement, change, modify or repeal, the Planning Commission
shall submit to the Town Council a report containing the Commission's
recommendations, which may include any suggestions the Commission
may wish to make for additions or modifications to the original proposal.
B.
Proposals originated by the Planning Commission. The
Planning Commission may at any time transmit to the Town Council any
proposal for the amendment, supplementation, change or modification,
or repeal of this chapter, and shall accompany any such proposal with
a written report, stating its reasons, and any additional information
it may wish to submit with the proposal.
C.
Proposals originated by a citizen.
(1)
Each petition by one or more owners of the property
which is the subject of a proposed amendment, supplementation, change,
or modification, to the Zoning Map, shall be submitted to the Zoning
Administrator on forms provided therefor. The Zoning Administrator
shall transmit such petitions to the Town Council and a copy thereof
to the Planning Commission.
(2)
The Planning Commission may, at its discretion, notify
the Town Council of its intention to conduct promptly a public hearing
on any such petition. Within 30 days following receipt of such petition,
or if a public hearing is held, within 30 days following such hearing,
the Planning Commission shall transmit to the Town Council a report
containing its recommendations thereon, which may include additions
or modifications it may wish to suggest to the original proposal.
D.
In any instance where this chapter requires a written
report from the Planning Commission, the Planning Commission shall
consider any findings of fact required by this chapter for a decision
on any given proposal, and shall make recommendations with respect
to each finding of fact, in writing, and shall supply such technical
data and information as it deems necessary and appropriate, in its
report.
All applicants petitioning under § 300-86C above for amendment to the Zoning Map shall, at the time of making application, pay to the Zoning Administrator for the use of the Town, a fee in accordance with a fee schedule adopted by resolution of the Town Council upon enactment of this chapter, or as such schedule may be amended by resolution of the Town Council.
No amendment, supplement, change, modification,
or repeal shall become effective until 10 days after a public hearing
by the Town Council in relation thereto at which the parties in interest
and citizens shall have an opportunity to be heard, and of which a
complete record shall be kept. Notice shall be given as follows:
A.
Publish a notice containing the name of the applicant,
if any; the date, time, and place of the hearing; and a summary of
the proposed change (regulation, restriction or boundary) in at least
one newspaper of general circulation in the Town, once each week for
two successive weeks, with the first such publication of notice appearing
at least 14 days prior to the hearing.
B.
When such hearing concerns a Zoning Map change, a notice of pending action containing the same information as in Subsection A above shall be posted in a conspicuous place on the property involved, such posting to take place at least 15 days prior to the date fixed for public hearing.
C.
When such hearing concerns a Zoning Map change, written
notice of the time and place of such hearing shall be sent by certified
mail to the applicant, if any, and to the owners of property contiguous
to and opposite the property affected.
D.
At the discretion of the Town Council, written notices
of hearing may be sent to other interested persons, organizations
or agencies.
The Town Council shall consider and make findings
of fact with respect to the following general criteria when considering
any request or petition to amend, supplement, change, modify, or repeal
this regulation or any part or section thereof, or any part or section
of the Zoning Map:
A.
The effect of the proposed amendment, supplement,
change, modification, or repeal upon the public health, safety, morals
and general welfare of the community and its present or future inhabitants.
B.
Whether the proposed amendment, supplement, change,
modification or repeal is in harmony with the general purpose and
intent of the adopted plan of the Town and the overall scheme of these
regulations.
C.
The possibility of traffic generation and congestion,
including truck, passenger car and pedestrian traffic, as well as
present and future transportation patterns.
D.
The generation of noise, smoke, dust, fumes, vapors,
gases, heat, odors, glare or vibration.
E.
The effect of the proposed amendment, supplement,
change, modification or repeal upon any preservation district, area
or building within the Town.
F.
Any population changes.
When considering an application for an amendment
to this chapter, in the form of an amendment, supplement, change,
modification, or repeal of these regulations, the Town Council shall
be acting as a legislative body, and shall take into account such
additional general considerations as may be appropriate to the legislative
change, including, but not limited to, the following, and shall make
findings of fact thereon:
A.
The report and recommendations of the Planning Commission.
B.
Any changes in the character of the Town, which would
make the proposed change to these regulations beneficial and legislatively
appropriate.
C.
The harmony and relationship of the proposed change
to the remaining sections of this chapter and the intent thereof.
D.
Whether the proposed change would operate to impose
an extreme hardship, or a confiscation upon any particular property
or any particular properties.
E.
Whether the proposed change might result in future
development which would adversely affect the character of any neighborhood,
or the character or developmental direction of the Town of Oakland.
When the Town Council sits to consider an application requesting a change in the Zoning Map which would operate to specifically rezone one or more pieces of individual property, it shall sit in a quasi-legislative capacity, and shall make its decision in accordance with this section and § 300-89.
A.
Mistake in the original zoning.
(1)
If the application for the specific rezoning alleges
that there was a mistake in the classification (i.e., zoning) of the
subject property, the Council shall consider and make findings of
fact upon the following specific issues:
(a)
The report and recommendations of the Planning
Commission.
(b)
The adopted plan of the Town, and the reason,
if any set forth therein, for the classification of the property when
originally zoned.
(c)
The testimony, if any is available, of any member
of the Planning Commission and/or Town Council, or the Mayor, as to
why the subject property was classified as it was when originally
zoned.
(d)
Any documents, plats, or information which may
be available, which may shed some light on the reasons the subject
property was so classified when originally zoned.
(e)
Any other information which may bear upon the
reasons for the classification of the property when originally zoned,
including its appropriateness.
(f)
Whether the owner or owners are denied reasonable
use of the property under its present zoning classification.
(2)
If the Council shall determine that there was no mistake
in the original zoning, it shall deny the requested map amendment.
(3)
The Council may enact the proposed map amendment if
it determines there was a mistake in the original zoning, based upon
its findings of fact as required herein, but an affirmative finding
in each category shall not automatically compel the rezoning requested.
B.
Change in the character of the neighborhood. When
considering an application for a map amendment, based upon the petitioner's
claim that there has been a substantial change in the character of
the neighborhood where the property is located, the Council shall
consider and make findings of fact on the following issues and matters:
(1)
The report and recommendations of the Planning Commission.
(2)
Population change in the area of the proposed change.
(3)
Availability of public facilities such as police and
fire protection, water and sewerage to service the area, and any change
in the availability of said services.
(4)
Present and future transportation patterns in the
area.
(5)
Compatibility with existing and proposed development
in the area.
(6)
The relationship of the proposed amendment to the
adopted plan for the Town, and whether any of the alleged changes
in the character of the neighborhood has impacted upon the adopted
plan for the Town.
(7)
Whether there has been a convincing demonstration
that the proposed map change would be appropriate and logical for
the subject property.
(8)
Whether, assuming there has been a change in the character
of the neighborhood, the said change has made the neighborhood more
or less compatible with the uses which would be permitted should the
proposed map amendment be adopted.
A.
The Town Council may approve or deny the proposed
amendment, modification, repeal, or reclassification based upon the
finding of fact as required herein. A complete record of the findings
and of the vote of all members shall be kept.
B.
When considering a request for a map amendment, based
upon the petitioner's contention that there has been a change in the
character of the neighborhood, the Town Council may entertain any
offer by the petitioner that the petitioner is willing to agree to
conditions precedent being set by the Town Council if, based upon
its findings of fact, it should agree to reclassify the subject property.
Under such an agreement, the Council may impose such additional restrictions,
conditions, or limitations as may be appropriate to preserve, improve,
or protect the general character and design of the land and improvements
being zoned or rezoned, or of the surrounding or adjacent land and
improvements, and may, upon the zoning or rezoning, and pursuant to
such an agreement, retain or reserve the power and authority to approve
or disapprove the design of buildings, construction, landscaping,
or other improvements, alterations, and changes to be made on the
subject land to assure conformity with the intended purpose of this
chapter and of the adopted plan of the Town, and to effectuate the
agreement. In the event such an agreement is reached, it shall be
reduced to writing, and thereafter all stated conditions shall be
conditions precedent and the requested map change shall not become
finally effective until all such conditions are carried out in full.
In the event all such conditions are not carried out in full, the
map change shall become null and void and the property shall revert
to its former classification.
The procedure for maintaining any change of
the zoning classification of land to Commercial (C) and/or Employment
Center (EC) Districts duly enacted and adopted as an amendment pursuant
to this article, such change having been petitioned by persons other
than the Town Council or Planning Commission, shall be as follows:
A.
Within one year of the granting of Commercial (C)
and/or Employment Center (EC) District zoning, application shall be
made for a zoning permit for use of the said land; otherwise the zoning
for the C and EC Districts shall revert automatically to their prior
district classifications without notice and public hearings.
B.
Within one year of issuance of zoning permits, construction
or use shall be commenced on the land so zoned; otherwise the zoning
for the C and EC Districts shall revert automatically to their prior
district classifications without notice and public hearings.
C.
Within two years of the issuance of zoning permits
for the land so zoned, the subject land shall be substantially devoted
to such use or uses as may be permitted in the zoning districts; otherwise
the zoning for the C and EC Districts shall revert automatically to
their prior classifications without notice and public hearings.
[Amended 1-3-2006 by Ord. No. O2005-06]
A.
A violation of any provision(s) of this chapter is a municipal infraction and is subject to Chapter 40, Municipal Infractions, and the fines or penalties provided in the Resolution of Fines for Municipal Infractions. The Mayor and Town Council may change the amount of fines and penalties in the Resolution of Fines for Municipal Infractions after the changes have been duly posted in accordance with the policy of the Mayor and Town Council of Oakland for advertising for the adoption of resolutions.
B.
The Town, upon proper order from the District Court
of Maryland, shall have the right, in addition to other remedies or
penalties set forth in these regulations, to enter upon said property
and remove the offending violation(s) and to assess the property owner
for the cost thereof, and such assessment shall be collectible under
the laws of Maryland as in any other legitimate Town charge or assessment.
C.
Nothing contained in this chapter shall prohibit or
prevent the Town from seeking other legal remedies, such as injunction,
criminal prosecution, or damages in a civil action pursuant to § 7.01
of Article 66B, Annotated Code of Maryland, as amended.
