All legislative amendments to the local zoning laws shall be introduced as bills. All Zoning Bills shall be identified as such in the heading of the bill. The enacting clause shall identify the County Council as the "County Council of Prince George's County, Maryland, sitting as the District Council."

(CB-95-2018)

Effective on: 1/1/1901

1. (a)
   Where not otherwise provided by law, the Rules of Procedure for the Prince George's County Council shall be applicable when the District Council acts on Zoning Ordinance legislative amendments to the local zoning laws. Zoning Ordinance amendments shall not be governed by provisions of the Rules of Procedure establishing effective dates for other bills.
2. (b)
   An amendment of a proposed legislative amendment to the local zoning laws does not have to be readvertised, and no additional public hearing has to be held, provided the amendment falls within the action possible by the District Council under the original advertisement of the subject matter of the Zoning Bill.

(CB-95-2018)

Effective on: 1/1/1901

Before the County Council of Prince George's County, sitting as the District Council for that portion of the Maryland-Washington Regional District within Prince George's County, may adopt a legislative amendment to the local zoning laws for the County, the Council shall conduct a duly advertised public hearing on the proposed law or amendment. The Council shall provide public notice of the time and place of the public hearing in at least one (1) newspaper of general circulation in the Regional District within Prince George's County, i.e., within the designated newspapers of record for the County, at least fourteen (14) calendar days prior to the scheduled public hearing on a proposed Zoning bill.

(CB-95-2018)

Effective on: 1/1/1901

Proposed legislative amendments to the local zoning laws of the County shall be transmitted to the Planning Board by the Clerk of the Council and, thereafter, respective notice of the date, time, and location of the public hearing scheduled as to the proposed Zoning bill. Within five (5) days of the date of referral, the Planning Board shall submit comments and a recommendation as to the proposed zoning legislation to the Clerk of the Council. The respective standing committee of the County Council shall not schedule a public work session on the proposed legislative amendment to the local zoning laws prior to the conclusion of the five-day referral period. If the Planning Board is not in session within the prescribed referral timeframe, then the Planning Director may submit a recommendation on the proposed zoning legislation on behalf of Planning Board. The failure by the Planning Board to submit comments on a pending legislative amendment to the local zoning laws shall constitute a Planning Board recommendation of approval. Comments received on referral as to proposed zoning legislation shall be posted online for public access by the respective standing committee of the Council.

(CB-95-2018)

Effective on: 1/1/1901

The adoption of a legislative amendment to the local zoning laws of Prince George's County shall be by majority of the full Council. Upon adoption, a copy of the adopted bill shall be transmitted to the Planning Board by the Clerk of the Council. The effective date of a legislative amendment to the local zoning laws may be the date of the enactment or a later date established in the legislation.

(CB-95-2018)

Effective on: 1/1/1901

After the effective date of the bill, the District Council shall only reconsider a Zoning Ordinance amendment by introducing a new Zoning Bill.

(CB-95-2018)

Effective on: 1/1/1901

1. (a)
   The Department of Permitting, Inspections, and Enforcement and, when specified, the Police Department, and the Fire/Emergency Medical Services Department shall have the duty of enforcing the requirements of this Subtitle.
2. (b)
   The Department of Permitting, Inspections, and Enforcement shall also have enforcement authority to enforce the Sign Ordinance in PART 12 of this Subtitle regarding signs in the County right-of-way. As used in this Section, right-of-way is defined in Section 23-102 of this Code.

(CB-50-1984; CB-33-1985; CB-18-1991; CB-73-2001; CB-31-2006; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   The Department of Permitting, Inspections, and Enforcement and when specified, pursuant to Section 27-253(f), (g), and (h) and Section 27-260(f), (g), and (h) of the Zoning Ordinance, the Police Department and the Fire/Emergency Medical Services Department shall conduct a Zoning Enforcement Program to assure continuing compliance with the Zoning Ordinance.
2. (b)
   Inspections shall primarily be programmed on an area-by-area basis, but shall also include the investigation of individual complaints from private sources of alleged zoning violations. All complaints shall be submitted to the Department, and when specified, to the Police Department and the Fire/Emergency Medical Services Department.

(CB-50-1984; CB-33-1985; CB-116-1988; CB-31-2006; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   Erection of building or structure.

   1. (1)
      When it determines that a violation of this Subtitle has occurred with respect to the erection of a building or other structure, the Department shall order the work to stop and shall post the building or structure with a "Stop Work" order form. The owner or builder shall also be given formal written notice of the "Stop Work" order. No work shall proceed after posting, except to correct the violation and continue in full compliance with the provisions of this Subtitle. If the work does not stop, or corrective action has not been completed within five (5) business days of posting (or another greater grace period determined by the Department), the Department shall take appropriate action against the violator.
2. (b)
   Use.

   1. (1)
      Notwithstanding the provisions of Section 27-264.01 and Section 27-264.02 of the Zoning Ordinance, when it determines that a violation of this Subtitle has occurred with respect to the use of any building, structure, or land, or there is a failure to obtain a use and occupancy permit, with the exception of violations of Section 27-261(b), (c), (d), (h), and (j), the Department shall serve notice (on the form provided) upon the owner, general agent, or lessee of the building, structure, or land, directing that the violation cease. If, at the expiration of five (5) business days of the notice (or another greater period determined by the Department), the violation has not ceased, the Department shall take appropriate action against the violator. If it is not possible to serve the notice, the building, structure, or land shall be posted with the notice.
   2. (2)
      When it determines that a violation of Section 27-261(b), (c), (d), (h), or (j) has occurred with respect to the use of any building, structure, or land, the Department shall serve notice (on the form provided) upon the owner, general agent, or lessee of the building, structure, or land, and upon the person, firm, or corporation conducting the activities, directing that the violation cease. If, at the expiration of forty-eight (48) hours of the notice, the violation has not ceased or a temporary use and occupancy permit has not been issued, the Department of Permitting, Inspections, and Enforcement shall notify the Police Department to take appropriate action against the violator, as set forth below.

      1. (A)
         A police officer shall direct the violator to remove all goods and equipment from the property. If the violator fails to obey said direction and continues in violation of this Subtitle, the equipment and goods shall be removed by the Department of Permitting, Inspections, and Enforcement and taken to a designated County facility.
      2. (B)
         Goods and equipment removed pursuant to this provision may be claimed by their owner on the next business day or within fifteen (15) days thereafter upon payment of any fine which has not been appealed. Any goods or equipment not claimed by the owner within fifteen (15) days shall be deemed abandoned and shall become the property of the County.
      3. (C)
         The Department of Permitting, Inspections, and Enforcement shall have no responsibility to preserve or protect any equipment or goods removed under this Section.
      4. (D)
         A violation notice issued for the conducting of activities without a temporary use and occupancy permit shall serve as notice of a continuing violation by those persons at the subject site or any other site within the County, and no further notice of violation need be issued prior to utilizing the procedures in subparagraphs (A) and (B), above.
   3. (3)
      When it determines that a violation of PART 16 has occurred with respect to the use of any building, structure, or land for an Adult Book Store, the Department shall serve notice (on the form provided) upon the owner, general agent, or lessee of the building, structure, or land, and upon the person, firm, or corporation conducting the activities, directing that the violation cease. If, at the expiration of forty-eight (48) hours of the notice, the violation has not ceased, the Department shall notify the Police Department to take appropriate action against the violator as set forth below.

      1. (A)
         A police officer may direct the violator to discontinue operation as an Adult Book Store.
      2. (B)
         If the violation continues, the violator shall be deemed to be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of Five Hundred Dollars ($500.00), or imprisonment in jail for a period of not more than six (6) months, or both such fine and imprisonment.
3. (c)
   Repeated violation.

   1. (1)
      A grace period for correction of a civil violation need not be given in the case of a subsequent, repeated violation of the same provision of this Subtitle by the same violator. A "repeated violation," for the purposes of this Subsection, may take place at a location which is identical to or different from the first violation within a thirty-six (36) month period from the first violation. If it determines that a repeated violation has occurred, the Department may immediately take appropriate action against the violator.
   2. (2)
      Notwithstanding the provisions of Subtitle 28, Section 28-111 of the County Code, repeated violations for operating outside the scope of a valid use and occupancy permit shall be subject to a fine of One Thousand Dollars ($1,000.00) for each "repeated violation".

(CB-18-1991; CB-88-1997; CB-31-2006; CB-46-2010; CB-63-2011; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   The Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement shall establish policies, rules, and procedures to implement this Division.
2. (b)
   Notwithstanding the provisions of Section 27-264, when the Chief of Police, the Fire Chief, or the Director of the Department of Permitting, Inspections, and Enforcement determine that a violation of Section 27-253 or Section 27-260 has occurred with respect to the use of any building, structure, or land, or there is a failure to obtain a use and occupancy permit, the Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement are authorized to direct the Police Department, the Fire/Emergency Medical Services Department, and the Department of Permitting, Inspections, and Enforcement, respectively, to issue a written violation notice directing that the violation cease and that all activities in the building, structure, and on the land cease pending a hearing before the Zoning Hearing Examiner in accordance with Section 27-264.01(g).
3. (c)
   The Chief of Police, the Fire Chief, and the Director of the Department of Permitting, Inspections, and Enforcement shall provide the written violation notice, issued pursuant to Section 27-264.01, to one (1) of the following: the owner, general agent, or lessee of the building, structure, or land; the person, firm, or corporation conducting the activities; or any person in the building, structure or on the land that directs, manages, or is in control or is in apparent control or management of the activity or activities set forth in Section 27-253 or Section 27-260. In the event that no person or no person representing entities set forth in this Section are present or any person or any person representing entities set forth in this Section flees when the activity or activities take place and the written violation notice is being issued, the written violation notice shall be posted on the building, structure or on the land in which or upon which the activity or activities took place, directing that the violation cease and that all activities in the building, structure, or on the land cease pending a hearing before the Zoning Hearing Examiner in accordance with Section 27-264.01(g). Posting of the issued written notice shall be deemed to be constructive notice to the owner, general agent, or lessee of the building, structure, or land; the person, firm, or corporation conducting the activities; or any person in the building, structure or on the land that directs, manages, or is in control or is in apparent control or management of the building, structure or on the land in which or upon which the activity or activities took place.
4. (d)
   For violations of Section 27-253(f), (g), and (h) or Section 27-260(f), (g), and (h) of the Zoning Ordinance, the owner, general agent, or lessee of the building, structure, or land, the person, firm, or corporation conducting the activities; or any person in the building, structure or on the land that directs, manages, or is in control or is in apparent control or management of the building, structure or on the land in which or upon which the activity or activities took place may request a hearing before the Zoning Hearing Examiner. The Zoning Hearing Examiner shall commence a hearing within four (4) days following receipt of the request for a hearing.
5. (e)
   The Zoning Hearing Examiner shall provide a hearing on the record.
6. (f)
   The enforcement action of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement shall not be stayed during the pendency of the hearing.
7. (g)
   The Zoning Hearing Examiner shall render a decision on the enforcement action within two (2) days after the conclusion of the hearing on the record. The decision shall include the following findings of fact: whether a use and occupancy permit has been issued for the use alleged to be in violation; whether the activity in the building, structure or on the land in which the activity took place is in compliance with any existing use and occupancy permits; whether there was an imminent danger and threat to the public health, safety and welfare, and whether the activity constitutes a continuing threat to the public health, safety and welfare.
8. (h)
   The Zoning Hearing Examiner may reverse, modify or remand the decision of the Police Department, the Fire/Emergency Medical Services Department or the Department of Permitting, Inspections, and Enforcement, respectively, only if the decision of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement, respectively, is clearly erroneous, or arbitrary and capricious, or unsupported by any substantial evidence.
9. (i)
   The enforcement action of the Police Department, the Fire/Emergency Medical Services Department, or the Department of Permitting, Inspections, and Enforcement, respectively, shall terminate or continue according to the determination of the Zoning Hearing Examiner.
10. (j)
    Any party aggrieved by a decision of the Zoning Hearing Examiner may appeal the decision to the Circuit Court for Prince George's County, Maryland. The appeal shall proceed in accordance with the provisions of Title 7 of the Maryland Rules of Procedure.

(CB-31-2006; CB-46-2010; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   For purposes of computing a period of time pursuant to the provisions of this Act, the day of the act, event, or default, after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless:

   1. (1)
      It is a Sunday or a legal holiday, in which event the period runs until the end of the next day, which is neither a Sunday or a holiday; or,
   2. (2)
      The act to be done is the filing of some paper in court and the office of the clerk of said court on said last day of the period is not open, or is closed for a part of a day, in which event, the period runs until the end of the next day which is neither a Sunday, Saturday, a legal holiday, or a day on which the said office is not open the entire day during ordinary business hours. When the period of time allowed is more than seven (7) days, intermediate Sundays and holidays shall be considered as other days; but if the period of time allowed is seven (7) days or less, intermediate Sundays and holidays shall not be counted in computing the period of time.

(CB-31-2006)

Effective on: 1/1/1901

1. (a)
   Any person may be liable for a civil fine (provided for in Subtitle 28 of the Code) or be prosecuted for a misdemeanor if he:

   1. (1)
      Erects, maintains, or uses any structure or land in violation of any portion of the Zoning Ordinance;
   2. (2)
      Violates any order issued in accordance with this Subtitle; or
   3. (3)
      Fails to erect structures or use land in accordance with the provisions of this Subtitle.
2. (b)
   If a person is convicted of a misdemeanor, the violator shall be subject to a fine of Five Hundred Dollars ($500.00) or up to ninety (90) days imprisonment, or both, in the discretion of the Court. The application of the penalty shall not preclude abatement of the violation through appropriate proceedings in equity.
3. (c)
   If the violation is of a continuing nature, each and every day during which the violation continues is a separate violation. Each violation issued within a thirty-six (36) month period from the first violation to the same person will be considered a violation of a continuing nature.

(CB-63-2011)

Effective on: 1/1/1901

The Board of Zoning Appeals may grant additional time to correct a violation in accordance with PART 3, Division 5.

Effective on: 1/1/1901

1. (a)
   Whenever the District Council is required to take action on or has the option to review a matter within a time limit specified in this Subtitle, the calculation of the time limit shall be postponed during the period that the Council is prohibited from taking action pursuant to the provisions of Article 28, Section 8-104(a), of the Annotated Code of Maryland, and the months of August and December when the Council is in recess; or in the event the Council fails or is unable to meet due to the cancellation of a scheduled Council session due to a weather emergency, or other declared state of emergency, in which event the time shall be extended to the next regularly scheduled date on which the Council meets.
2. (b)
   This Section only applies to the District Council. It does not affect the Zoning Hearing Examiner, Planning Board, or any other person or agency, except to the extent that Council action is postponed.

(CB-92-1990; CB-74-2010)

Editor's note(s)—Section 2 of CB-74-2010 provides that it shall be retroactive to February 1, 2010 and shall be interpreted and applied as though it had been in effect as of said date.

Effective on: 1/1/1901

1. (a)
   All public buildings, structures, and uses, except those of municipal, State, or Federal agencies, shall be specifically approved by the District Council.
2. (b)
   All public buildings, structures, and uses (except as provided in Section 27-122) shall conform to the requirements of the Zoning Ordinance applicable to the building, structure, or use in the zone in which it is located.
3. (c)
   All buildings and uses, serving public health purposes, on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located, shall be specifically approved by the District Council and conform to the requirements of the Zoning Ordinance applicable to the building, structure, or use in the zone in which it is located.
4. (d)
   All off-site signs erected on land owned by Prince George's County, which are incidental to buildings and uses, serving public health purposes, on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located, shall be specifically approved by the District Council.

(CB-55-1988; CB-8-1994)

Effective on: 1/1/1901

1. (a)
   The department or branch of government desiring the public building, structure, or use, or an applicant (with the written concurrence of the County) desiring a building or use, serving public health purposes, or desiring to erect a sign as provided for in Section 27-292(d), on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located, shall make a written request to the District Council.
2. (b)
   The request shall be accompanied by other material deemed necessary by the Council. For buildings and uses, serving public health purposes, on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located, the request shall also be accompanied by a site plan prepared in accordance with Section 27-254(c) of this Subtitle that has been reviewed by Planning Commission staff for compliance with Zoning Ordinance provisions. If the applicant desires to erect a sign as provided for in Section 27-292(d), it shall submit a site plan which indicates the quantity, area, height, and location of the proposed sign(s). The site plan shall be reviewed by the Technical Staff for their comments.
3. (c)
   If an impact study (to be prepared by the applicant, or his authorized representative) is submitted in accordance with Section 27-295(a)(1)(B), below, it shall set forth the effects of the buildings, structures, and uses on the area.
4. (d)
   For buildings, signs as provided for in Section 27-292(d), and uses, serving public health purposes, on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located, the Clerk of the Council shall transmit the request to each municipality located either within the area of the proposed request or within one-half (1/2) mile of that area. These municipalities shall be advised to submit their comments on the proposed use on County-owned land within thirty (30) days of receipt of the request.

(CB-55-1988; CB-8-1994)

Effective on: 1/1/1901

1. (a)
   In general.

   1. (1)
      The request shall be referred for review to any agency which State or local law requires.
2. (b)
   Mandatory referral to Planning Board.

   1. (1)
      In accordance with Article 28, Section 7-112, of the Annotated Code of Maryland, no public road, structure, or other public facility (whether publicly or privately owned) shall be erected in the Regional District until the proposed location, character, and extent of the improvement has been approved by the Planning Board.
   2. (2)
      If the Planning Board disapproves the facility, it shall communicate its reasons to the public body or official proposing the facility, who may then, in its discretion, overrule the disapproval and proceed.
   3. (3)
      The widening, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition, or sale of any public street or land in the Regional District shall be subject to the same procedures. The failure of the Planning Board to act within sixty (60) days after the date of submittal shall be deemed an approval, unless a longer period is granted by the submitting body or official.

Effective on: 1/1/1901

Sec. 27-295. Procedures.

1. (a)
   Method of approval.

   1. (1)
      The Council may approve the public building, structure, off-site sign, or use either:

      1. (A)
         By inclusion in a Capital Improvement Program which is approved by the County Council and which sets forth the location and use of the buildings. If the specific location of a proposed building, structure, or use in the Capital Improvement Program is not known when the Budget is approved, the actual location shall be approved in accordance with subparagraph (1)(B); or
      2. (B)
         By District Council approval (by resolution), after its review of an impact study that sets forth the effects of the buildings, structures, off-site signs(s), and uses on the general neighborhood.
      3. (C)
         The District Council may approve by resolution, after a public hearing, buildings and uses, serving public health purposes, and off-site signs related thereto, on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located, after its review of a site plan and an impact study that sets forth the effects of the use and all buildings, off-site signs, and structures on the general neighborhood.

         1. (i)
            The Clerk of the Council shall notify all persons of record of the hearing by regular mail in accordance with Section 27-125.04.
2. (b)
   Criteria for approval.

   1. (1)
      In approving a request, other than one for the erection of off-site signs, the Council shall consider:

      1. (A)
         The relationship of the project to the General Plan, Master Plan, Functional Master Plan, or other plan or policy document approved by the Council;
      2. (B)
         The impact of the project on the area affected;
      3. (C)
         The availability of other, more appropriate sites in the Regional District; and
      4. (D)
         The relative need for the facility.
   2. (2)
      In approving a request for the erection of off-site signs as provided for in Section 27-292(d), the Council shall consider, as a guideline, the requirements of PART 12 of this Subtitle.
3. (c)
   Denial.

   1. (1)
      If the Council denies the request, it shall set forth its reasons in writing.
4. (d)
   Effect of approval.

   1. (1)
      The Council's approval of a County solid waste, storm water, or road project constitutes approval of any on- or off-site borrow pit (as defined in Section 4-271(a)(5) of this Code) required for construction or maintenance of the project, when such project is devoted solely to a public use and where a County grading permit is issued authorizing such use for the project's duration. Such "public use" borrow pits shall not be construed to be surface mines for the purpose of this Ordinance and may not be located within the Chesapeake Bay Critical Area. Prior to the issuance of a grading permit for any such operation, the M-NCPPC shall prepare a report advising the County Department of Permitting, Inspections, and Enforcement on the environmental suitability of the site and recommending any additional analysis the Department should consider. Such report shall be prepared by the Commission no more than forty-five (45) days after application is made for the grading permit. DPIE may deny a grading permit application if the report is not favorable.
5. (e)
   Modification of approval.

   1. (1)
      The Planning Board or its authorized representative is authorized to grant minor changes to the site plan approved by the District Council pursuant to Section 27-293(b) for buildings and uses, serving public health purposes, on land owned by Prince George's County, Maryland, upon which hospitals or health centers are located. Changes of site plans may be permitted provided that either of the following two (2) situations exists:

      1. (A)
         Situation No. 1.

         1. (i)
            There is a proposed increase in gross floor area of a building or in land area covered by a structure other than a building (over that approved on the original site plan) which is not greater than fifteen percent (15%) of the gross floor area or covered land area (see Figure 40); or
         2. (ii)
            There is a proposed relocation (in any direction) of any improvement (approved on the original plan) which is not greater than fifteen percent (15%) of the distance to the boundary line of the property or twenty (20) feet, whichever is less (see Figure 41).
      2. (B)
         Situation No. 2.

         1. (i)
            There is a proposed change in the design of a parking lot or loading area; or
         2. (ii)
            There is a proposed change in a landscape plan.
   2. (2)
      The minor change request shall be in the form of an application filed with the Planning Board. The contents of the application shall be determined by the Planning Board. Along with filing the application, the applicant shall submit a revised site plan and Statement of Justification. The Planning Board shall determine whether to hold a public hearing or to designate its authorized representative to grant approval of the minor change application without a hearing. If the Planning Board designates its authorized representative to grant approval without a hearing, the authorized representative shall send a copy of the application, at the time of its acceptance, and the final decision on the application, to any municipality within one (1) mile of the property. If the Planning Board elects to hold a hearing, it shall provide notice of the hearing to all persons of record in accordance with Section 27-125.04.
   3. (3)
      If the change is approved, the revised site plan shall be made a part of the record of the original application.
   4. (4)
      The revised site plan shall comply with all applicable requirements of this Subtitle and with any conditions relating to the use imposed by the District Council or Planning Board in the approval of the building or use.
   5. (5)
      When a minor change is approved by the Planning Board or its authorized representative, any requirements or conditions deemed necessary to protect adjacent properties and the general neighborhood may be added.

(CB-55-1988; CB-8-1994; CB-40-1994; CB-95-1997; CB-1-2004; CB-29-2014)

Editor's note(s)—CR-65-2007 authorized County construction and use of new radio towers and installation and use of radio system equipment on existing towers, as a mobile radio system as follows:

Effective on: 1/1/1901

All buildings and uses, on land conveyed by Prince George's County, Maryland, or the Prince George's County Housing Authority to a qualified nonprofit organization for the development of Opportunity Housing, shall be specifically approved by the District Council and conform to the requirements of the Zoning Ordinance applicable to the building, structure, or use in the R-T Zone or the zone in which it is located, whichever shall provide the greater number of dwelling units.

(CB-66-1991)

Effective on: 1/1/1901

1. (a)
   The applicant (with the written concurrence of the County or the Housing Authority) desiring a building or use, providing Opportunity Housing, on land conveyed by Prince George's County, Maryland, or the Prince George's County Housing Authority to a qualified nonprofit organization for the development of Opportunity Housing, shall make a written request to the District Council.
2. (b)
   The request shall be accompanied by other material deemed necessary by the Council. The request shall be accompanied by a site plan prepared in accordance with PART 3, Division 9, of this Subtitle that has been reviewed by Planning Commission staff for compliance with Zoning Ordinance provisions.
3. (c)
   An impact study shall set forth the effects of the buildings, structures, and uses on the area.
4. (d)
   The Clerk of the Council shall transmit the request to each municipality located either within the area of the proposed request or within one mile of that area. These municipalities shall be advised to submit their comments on the proposed use within thirty (30) days of receipt of the request.

(CB-66-1991)

Effective on: 1/1/1901

1. (a)
   The application shall be referred for review to any agency which State or local law requires.
2. (b)
   The application shall be referred for review to the Planning Board. The Planning Board shall communicate its findings and recommendations on the proposed location, character, and compliance with this Subtitle to the District Council.

(CB-66-1991)

Effective on: 1/1/1901

1. (a)
   Method of approval.

   1. (1)
      The District Council may approve by resolution, after a public hearing, buildings and uses, providing Opportunity Housing, on land conveyed by Prince George's County, Maryland, or the Prince George's County Housing Authority to a qualified nonprofit organization for the development of Opportunity Housing, after its review of a site plan and an impact study that sets forth the effects of the use and all buildings and structures on the general neighborhood.
2. (b)
   Criteria for approval.

   1. (1)
      In approving a request, the Council shall consider:

      1. (A)
         The relationship of the project to the General Plan, Master Plan, Functional Master Plan, or other plan or policy document approved by the Council;
      2. (B)
         The impact of the project on the area affected; and
      3. (C)
         The relative need for the uses or buildings.
3. (c)
   Denial.

   1. (1)
      If the Council denies the request, it shall set forth its reasons in writing.

(CB-66-1991; CB-1-2004)

Effective on: 1/1/1901

1. (a)
   Notwithstanding any other provision of this Subtitle and pursuant to the authority in Section 8-122.01 of the Regional District Act, representation before the District Council, the Planning Board, the Zoning Hearing Examiner, or the Board of Zoning Appeals of any bona fide civic association or homeowners' association in any zoning matter or proceeding may be made by any duly elected officer of the association, regardless of whether that officer is an attorney licensed to practice law in Maryland.
2. (b)
   Elected County officials and County administrative officials may not represent a private party in a zoning case at any stage of the proceeding.

(CB-85-1987)

Effective on: 1/1/1901

1. (a)
   Informational mailings with applications.

   1. (1)
      This Section applies in the following applications and any others for which this Subtitle requires informational mailings: Zoning Map Amendments (DIVISION 2 of this Part), Comprehensive and Specific Design Plans, Conceptual and Detailed Site Plans, Special Exceptions and Revision of Site Plans for Special Exceptions, Special Permits, Variances and Chesapeake Bay Critical Area Conservation Plans filed in conjunction with other applications requiring public hearings by the Planning Board or District Council, Nonconforming Use Certifications, Departures from Sign or Design Standards, and Departures from the required number of Parking and Loading Spaces. It applies to private applications to amend those zones, plans, permits, and departures; to amend the M-U-TC, T-D-O, or D-D-O Zone; to approve or amend the M-U-I Zone; and to amend conditions imposed by the Planning Board or District Council. It applies to all applications to amend an Aviation Policy Area or a Chesapeake Bay Critical Area Overlay Zone. It applies to all applications for Zoning Map Amendments and site plans filed in accordance with the procedures specified for the Urban Centers and Corridor Nodes Development and Zoning Code (Subtitle 27A). It does not apply to District Council initiated plans and studies for the M-U-TC, T-D-O, or D-D-O Zone, to Special Exception revocation petitions filed by the Department of Permitting, Inspections, and Enforcement, or to applications which the Planning Director is authorized to approve administratively.
   2. (2)
      At least thirty (30) days before the Commission accepts an application, the applicant shall send by first class mail an informational mailing to all adjoining property owners, including owners whose properties lie directly across a street, alley, or stream and, if the application consists of a Detailed Site Plan, Specific Design Plan, or Special Exception application, to the Prince George's Chamber of Commerce and the Greater Prince George's Business Roundtable. The applicant shall send notice of application filing to every person of record in a previous zoning, site plan or other application listed in subsection (a)(1) above within ten (10) years of filing the current application. At the same time and in the same manner, the applicant shall send an informational mailing to every municipality located within one (1) mile of the applicant's property and to all civic associations registered with the Commission for the area which includes the property.
   3. (3)
      The applicant shall obtain an application number from the Commission before sending the informational mailing. It shall contain at least the following: the application number; a description of the property and its location; the nature of the applicant's request; the justification statement, if required with the application; the Commission department, with telephone number, to obtain more information about the application after it is filed; a statement to recipients that the applicant will meet, to explain the application; an applicant telephone number, for persons wishing to meet; an explanation of the procedures and the necessity for becoming a person-or-record in the pending application and a statement that no government agency has reviewed the application. A municipality, civic association, or other person entitled to an informational mailing may request a copy of the site plan from the applicant.
   4. (4)
      With the application, the applicant shall file an affidavit of mailing. The affidavit shall give the names and addresses of all persons sent informational mailings and the dates when they were sent.
   5. (5)
      Before an application is accepted, the Commission shall determine that the applicant has complied with this Section. A municipality, civic association, or other person entitled to an informational mailing may waive the requirement, and an applicant's filing of a signed waiver constitutes its compliance with the requirement, for the person signing. At any time after the Commission accepts an application, a determination that a person entitled did not receive a required informational mailing may not be a basis for invalidating a final action on the application.
   6. (6)
      The informational mailings required by this Section are in addition to all postings and notices required by law.
2. (b)
   Notice of application acceptance.

   1. (1)
      When the Commission determines an application has been filed in proper form and is ready to be formally accepted, it shall notify the applicant in writing, preferably by e-mail. The name and contact information of the staff member assigned to the application shall be included in the notice.
   2. (2)
      The applicant shall notify in writing and via first class mail municipalities, civic associations and other persons entitled to receive informational mailings that the application is ready to be accepted. The name and contact information of the staff member assigned to the application shall be included in the notice.
   3. (3)
      The Commission shall not formally accept applications for processing until after the applicant has filed an affidavit in the record to document completion of the written notice of acceptance to municipalities, civic associations and other persons entitled to receive informational mailings.
3. (c)
   Civic association registration.

   1. (1)
      Every civic association which maintains a registration with the Commission in accordance with this Section is entitled to informational mailings, for all applications within the association's defined geographical area.
   2. (2)
      As to civic associations, an applicant complies with this Section by sending informational mailings to the associations maintaining registrations with the Commission for the geographical area which includes the applicant's property.
   3. (3)
      To obtain a registration, a civic association shall provide the following to the Commission: its name; the names, street addresses and e-mail addresses of all its officers; the number of members (individuals or households); the geographical area it represents and is interested in, by a description acceptable to the Commission; the name, street address, e-mail address, and daytime telephone number of the individual, the association designee, who is to receive informational mailings in the initial registration period; and the initial registration's effective dates, which may run from date of first registration to December 31 of the following year.
   4. (4)
      Associations may represent overlapping geographical areas. However, for the purpose of obtaining informational mailings, an association may not represent an area extending beyond two adjoining Council Districts. In addition, the officers of an association must retain their primary residence within the association's delineated area of interest. The Commission may decline registration of any association which purports to represent an area of unreasonable description or otherwise does not meet the requirements of this Section.
   5. (5)
      For a watershed protection group that is registered as a Section 501(c)(3) environmental organization, the group may designate an area consisting of the watershed whose protection is the purpose of the organization if the officers of the organization maintain their primary residence within such watershed.
   6. (6)
      An association may correct or update registration information at any time. In addition, the Commission will send notice to registered associations no later than January 31 of each year to solicit updated information and confirm that the associations want to continue receiving informational mailings.

(CB-15-1998; CB-12-2003; CB-1-2004; CB-42-2004; CB-54-2008; CB-2-2010; CB-29-2014; CB-59-2014)

Effective on: 1/1/1901

1. (a)
   In general.

   1. (1)
      A check or money order covering all applicable fees shall accompany the application, made payable to the Maryland-National Capital Park and Planning Commission, unless otherwise provided.
2. (b)
   Alternative Compliance.

   1. (1)
      Upon filing an application for Alternative Compliance, the applicant (or his agent) shall pay a fee to the Planning Board to help defray the costs related to processing the application.
   2. (2)
      The schedule of fees shall be determined by the Planning Board.
   3. (3)
      A reduction in the fee may be permitted by the Planning Board if it finds that payment will be an undue hardship on the applicant.
3. (c)
   Zoning Map Amendments.

   1. (1)
      Conventional Zones. The applicant shall remit a fee of Five Thousand Dollars ($5,000.00) plus Two Hundred Dollars ($200.00) per acre up to and including ten (10) acres, plus One Hundred Dollars ($100.00) for each additional acre.
   2. (2)
      Mixed use and comprehensive design zones. The applicant shall remit a fee of Five Thousand Dollars ($5,000.00) plus Two Hundred Dollars ($200.00) per acre up to and including fifty (50) acres, plus One Hundred Dollars ($100.00) for each additional acre.
   3. (3)
      Chesapeake Bay Critical Area Overlay Zone.

      1. (A)
         If no changes are proposed to the underlying zoning, the applicant shall remit a fee of Five Thousand Dollars ($5,000.00), plus Two Hundred Dollars ($200.00) per acre up to an including ten (10) acres, plus One Hundred Dollars ($100.00) for each additional acre.
      2. (B)
         If changes to the underlying zone are proposed, the applicant shall remit the fee stated in Sec. 27-125.02(c)(2) above.
   4. (4)
      The total fee will not exceed Sixty Thousand Dollars ($60,000.00).
4. (d)
   Special Exceptions.

   1. (1)
      The following chart describes the fee ratings, H (high), M (Medium) and L (Low), for various Special Exceptions in the Zoning Ordinance. The ratings for the Special Exceptions are indicative of the time and effort necessary for the review of the specific application.

1.  
   2. (2)
      The following fees per impact level shall apply:

      1. (A)
         For low impact use, the fee is Two Thousand, Five Hundred Dollars ($2,500.00) up to and including fifty (50) acres, plus Fifty Dollars ($50.00) per acre over fifty (50) acres.
      2. (B)
         For medium impact use, the fee is Four Thousand Dollars ($4,000.00) up to and including fifty (50) acres, plus Fifty Dollars ($50.00) per acre over fifty (50) acres.
      3. (C)
         For high impact use, the fee is Five Thousand, Five Hundred Dollars ($5,500.00) up to and including fifty (50) acres, plus Fifty Dollars ($50.00) per acre over fifty (50) acres.
      4. (D)
         For a mobile home as a one-family dwelling, the fee is Two Hundred Dollars ($200.00).
      5. (E)
         For a day care center in a single-family residence, the fee is One Hundred Dollars ($100.00).
      6. (F)
         There is no fee for a Special Exception application filed by a church.

5. (e)
   Revision of a Site Plan (Special Exception). The fee is one-half of the original fee.
6. (f)
   Departures.

   1. (1)
      The fee for single-family attached or detached units, not exceeding ten (10) acres, is One Hundred Dollars ($100.00).
   2. (2)
      For all other applications, the fee is Two Thousand Dollars ($2,000.00).
7. (g)
   Alternative Development Technique.

   1. (1)
      Upon filing a plan for Alternative Development Technique in accordance with Section 27-475.07, the applicant (or his agent) shall pay to the Planning Board a fee to help defray the costs related to processing the application.
   2. (2)
      The fee schedule shall be determined by the Planning Board.
   3. (3)
      The Planning Board may permit a reduction in the fee if the Board finds that payment will be an undue hardship on the applicant.
8. (h)
   Certification of Nonconforming Uses.

   1. (1)
      For a maximum of two houses on one lot, the fee is One Hundred Dollars ($100.00).
   2. (2)
      For each mobile home, the fee is One Hundred Dollars ($100.00).
   3. (3)
      For churches, there is no fee.
   4. (4)
      For all other uses, the fee is One Thousand Dollars ($1,000.00).
   5. (5)
      For a revision of site plan for a nonconforming use, one half of the original fee.
9. (i)
   Tree Conservation Plans.

   1. (1)
      Upon filing a Tree Conservation Plan, the applicant (or his agent) shall pay to the Planning Board a fee to help defray the costs related to processing the application.
   2. (2)
      The fee schedule shall be determined by the Planning Board.
   3. (3)
      The Planning Board may permit a reduction in the fee if the Board finds that payment will be an undue hardship on the applicant.
10. (j)
    Conservation Plan.

    1. (1)
       Upon filing a Conservation Plan, the applicant (or his agent) shall pay to the Planning Board a fee to help defray the costs related to processing the application.
    2. (2)
       The fee schedule shall be determined by the Planning Board.
    3. (3)
       The Planning Board may permit a reduction in the fee if the Board finds that payment will be an undue hardship on the applicant.
11. (k)
    Zoning Certification and Buildable Lot Letters.

    1. (1)
       Upon requesting a Zoning Certification Letter, a letter signed by the Planning Department staff certifying that a use or structure on a given piece of property is allowed as a permissible use in accordance with the existing zoning, the applicant (or his agent) shall pay to the Planning Board a fee to help defray the costs related to processing the application.
    2. (2)
       The fee schedule shall be determined by the Planning Board.
    3. (3)
       The Planning Board may permit a reduction in the fee if the Board finds that payment will be an undue hardship on the applicant.
12. (l)
    Variances.

    1. (1)
       For existing single-family attached and detached residences, the applicant shall remit a fee of Two Hundred Dollars ($200.00).
    2. (2)
       For single-family attached and detached residences that are proposed, newly constructed or under construction, the applicant shall remit a fee of Five Hundred Dollars ($500.00).
    3. (3)
       For all other structures, the applicant shall remit a fee of One Thousand, Five Hundred Dollars ($1,500.00).
    4. (4)
       For churches in conjunction with a special exception, no fee is required.
13. (m)
    Other related fees; refunds.

    1. (1)
       Sign posting fees.

       1. (A)
          In addition to the filing fee, a fee of Thirty Dollars ($30.00) shall be paid for posting each public notice sign, except as provided below.
       2. (B)
          Where the application involves a public utility right-of-way, the fee shall be Thirty Dollars ($30.00) each for the first four (4) signs, plus Five Dollars ($5.00) for each sign over four (4).
       3. (C)
          The Department of Permitting, Inspections, and Enforcement shall not be required to pay a sign posting fee for any application or petition filed.
       4. (D)
          An applicant shall not be required to pay a sign-posting fee for any application for a Special Exception to establish a church.
    2. (2)
       Revision of approved plan fees. With the filing of each application for the revision of an approved plan, a fee equal to fifty percent (50%) of the filing fee, shall be paid, except as otherwise provided.
    3. (3)
       Fees for amendment of applications.

       1. (A)
          If an application is amended by increasing the total area of the property, the appropriate additional fees (including filing and sign posting fees) for the additional land shall be paid (except where this land was the subject of another application that was withdrawn for the purpose of adding the land to the subject application).
       2. (B)
          If an application is amended by requesting a different zoning classification or Special Exception use, and if the new zone or Special Exception use has a greater filing fee than previously requested, the difference shall be paid.
    4. (4)
       Refunds and waivers.

       1. (A)
          No part of a fee shall be refunded or waived unless the Planning Board determines that one (1) of the following applies:

          1. (i)
             The fee was paid by mistake, and the applicant has requested (in writing) a refund.
          2. (ii)
             The application is filed by (or on behalf of) any department or agency of the County, or any municipal, State, or Federal government, except as otherwise provided.
          3. (iii)
             Filing fee (original application).

             27. (aa)
                 A request to withdraw an application is received in proper form prior to the public release of the Technical Staff Report. In this case, fifty percent (50%) of the filing fee shall be refunded.
             28. (bb)
                 A request to withdraw an application is received in proper form after the public release of the Technical Staff Report. In this case, twenty-five percent (25%) of the filing fee shall be refunded.
          4. (iv)
             An error was made on an approved application through governmental action, and the filing of an additional application is necessary to correct the error. In this case, all fees may be refunded.
          5. (v)
             An application is filed and property rezoned because of a clear mistake by a governmental agency in the adoption of a Sectional Map Amendment. In this case, the Council may direct the refunding of all fees.
          6. (vi)
             Sign posting fee.

             27. (aa)
                 The application is withdrawn prior to the posting of the sign. In this case, the entire sign posting fee shall be refunded.
             28. (bb)
                 The application is withdrawn after the posting of the sign(s). In this case no portion of the sign posting fee will be refunded.
       2. (B)
          The refund provisions of subparagraph (4)(A)(iii) do not apply to:

          1. (i)
             Any application which is for property within the boundaries of a Sectional Map Amendment and the application was pending upon transmittal of the Sectional Map Amendment to the District Council (provided the Sectional Map Amendment is approved by the District Council); or
          2. (ii)
             Any portion of property subject to a Zoning Map Amendment application which has been withdrawn and then added by amendment to another application on adjoining land. That portion of the property which was withdrawn (but not added to the other application) shall be entitled to a refund under the provisions of subparagraph (6)(A(iii), above.
    5. (5)
       Application in a Revitalization Tax Credit District. With the filing of each application in a Revitalization Tax Credit District, the fee equal to fifty percent (50%) of the standard fee shall be paid.

(CB-41-2002; CB-29-2014; CB-22-2019)

Effective on: 1/1/1901

1. (a)
   Posting, in general.

   1. (1)
      The applicant shall post the required public notice sign(s) for all public hearings conducted by the Planning Board, Board of Zoning Appeals and Zoning Hearing Examiner. Signs for posting shall be provided by the Planning Board, or Board of Appeals where applicable, and shall include the following information:

      1. (A)
         The word "Hearing" prominently displayed;
      2. (B)
         The application number;
      3. (C)
         The date, time and place of the public hearing;
      4. (D)
         A phone number, prominently displayed, to call for additional information; and
      5. (E)
         The website address of the Planning Department to obtain additional information.
   2. (2)
      If the property has frontage on one (1) or more improved streets, there shall be one (1) sign posted for each one thousand (1,000) feet (or fraction) of frontage on each street. The sign(s) shall be posted on the property near the street right-of-way, and oriented to maximize their visibility to motorists. When more than one (1) sign is required to be posted along a street, the signs shall, where practicable, be evenly spaced along the street.
   3. (3)
      Signs shall be posted in the following manner:

      1. (A)
         Singled-sided if the property occupies frontage on a cul-de-sac, at the end of a dead-end street, or on a one-way street. The signs shall be oriented to maximize their visibility to motorists.
      2. (B)
         Double-sided if the property occupies frontage on a street that is visible to two-way traffic. These signs shall be configured in a "V" shape, at a 45-degree angle and oriented to maximize their visibility to motorists.
   4. (4)
      If the property does not have frontage on an improved public street, then one (1) sign shall be placed on the property. This sign shall be near the boundary of the property and visible from an adjoining property. Another sign shall be placed near to, and visible from, the improved portion of the nearest, most-traveled street. This sign shall indicate it is not on the subject property.
   5. (5)
      If the placement of any sign on the subject property is not visible to motorists from adjoining streets, additional signs may be required at the discretion of the Planning Director, Planning Board, Zoning Hearing Examiner, or Chair of the Board of Appeals, depending upon the body hearing the case.
   6. (6)
      For Planning Board and Zoning Hearing Examiner hearings, all signs shall be posted for a period of at least thirty (30) continuous days prior to the hearing date. The signs shall be durable, conspicuous and legible for the length of the required posting period. The Planning Board may establish more specific sign posting standards, if necessary.
   7. (7)
      The applicant shall be responsible for reasonable maintenance of all signs. In the event a sign is removed, falls down, or otherwise is not properly located on the property or in the right-of-way for any portion of the required posting period, it shall be the responsibility of the applicant to repost the sign. The applicant is also responsible for removing the signs from the property within 15 days after the hearing.
   8. (8)
      For Planning Board and Zoning Hearing Examiner hearings, the person posting the sign shall file a written statement in the record of posting. A close-up, legible photograph of each posted sign and additional long-distance photographs depicting the signs and unique, identifiable features of the subject property shall also be submitted and included in the record file for the case. The applicant shall inspect the sign(s) at least one (1) time no later than the fifteenth (15th) day of posting to ensure that required signs are maintained. The person conducting the inspection shall file in the record a written statement of the sign's condition. For Planning Board Hearings, a combined posting and inspection affidavit shall be filed no less than 14 days prior to the hearing.
   9. (9)
      Any unauthorized person removing, destroying, defacing, obstructing, or otherwise interfering with a posted sign (directly or indirectly) shall be subject to the penalties provided by law.
2. (b)
   Posting, Planning Director administrative approvals.

   1. (1)
      Signs posted for applications which the Planning Director is authorized to approve administratively shall comply with and are subject to all requirements in (a), except (a)(1).
   2. (2)
      Signs for such applications shall have the following:

      1. (A)
         The title, "Notice: Right to Request Public Hearing";
      2. (B)
         The type of minor site plan change or limited departure from design standards proposed in the application;
      3. (C)
         The application number;
      4. (D)
         The request, or a description of its scope and nature;
      5. (E)
         A clear statement that the Director will act on the application without a public hearing unless a hearing is requested by a certain date, which shall be at least twenty (20) days after the date of first posting;
      6. (F)
         A clear statement that any person interested has a right to review the application and request a public hearing or submit written comments; and
      7. (G)
         Instructions how to request a hearing or submit written comments and how to obtain additional information.
   3. (3)
      Where the Planning Director is authorized to approve an application administratively, in addition to the required posting, the Director shall also give electronic notice of the application not later than seven (7) calendar days after the application is filed and accepted. The electronic notice shall contain the same information required for signs posted pursuant to Section 27-125.03(b)(2) of this Subtitle, as applicable.

(CB-14-1998; CB-42-2002; CB-1-2004; CB-42-2004; CB-56-2008; CB-94-2017)

Effective on: 1/1/1901

1. (a)
   Notice of Acceptance.

   1. (1)
      Within a reasonable time after an application is accepted by the Planning Board, the Board shall so advise the Zoning Hearing Examiner of all cases requiring a hearing by his/her office.
   2. (2)
      Within ten (10) days after the end of each month, the Planning Board shall provide a list of all applications filed during that month, including those applications authorized for administrative review and/or disposition pursuant to this Subtitle, arranged according to Councilmanic District. The list shall set forth the name of the applicant, the size and description of the property, and the existing and proposed zoning classifications of the property. The Planning Board shall publish the report on the Planning Board website. Any person may request, in writing, a copy of the report sent by first class mail. A reasonable fee may be charged to cover the costs of postage and copying.
   3. (3)
      One (1) copy of the list described in this Subsection shall be mailed by the Planning Board on a subscription basis without charge to every municipality as well as a homeowners, neighborhood, civic, or similar association.
2. (b)
   Notice of Hearing.

   1. (1)
      The Planning Board, Zoning Hearing Examiner and District Council shall mail written notice of the date, time, and place of the public hearing on any application, as provided in other parts of this Subtitle, to all persons of record at least thirty (30) days prior to the hearing. The application number, description of the property and the applicant's request shall also be included in the notice.
   2. (2)
      Five (5) business days after a written notice is mailed to persons of record, the Planning Board shall identify the general location of the property on a County map located on the Planning Board's website. The map shall include a link to detailed information concerning the scheduled hearing and the application.

(CB-1-2004; CB-9-2008; CB-97-2015; CB-94-2017)

Effective on: 1/1/1901

1. (a)
   Where the Planning Board is authorized to conduct a public hearing in a zoning or site plan case, the Planning Board shall publish on its website a copy of the technical staff report no less than two (2) weeks prior to the scheduled public hearing on the application. Any person may request, in writing, a copy of the technical staff report sent by first class mail. A reasonable fee may be charged to cover the costs of postage and copying. If new information is provided by the applicant or any governmental agency after the technical staff report is published, any party of record shall be allowed a one (1) week postponement if such party so requests.

(CB-18-2005; CB-97-2015)

Effective on: 1/1/1901

1. (a)
   The District Council shall establish the Office of the Zoning Hearing Examiner and shall appoint one (1) or more Hearing Examiners to conduct public hearings in zoning cases listed in this Subdivision.
2. (b)
   Any Examiner shall:

   1. (1)
      Be an attorney admitted to practice before the highest Court of a State or the District of Columbia;
   2. (2)
      Possess judicial temperament;
   3. (3)
      Have at least five (5) years experience in administrative litigation; and
   4. (4)
      Demonstrate a knowledge of administrative and zoning law practice and procedure by competitive written examination.
3. (c)
   After being appointed, Examiners shall be considered within the classified service of the County's Personnel Law and subject to the regulations of the system.
4. (d)
   A Chief Hearing Examiner shall be designated by the District Council to administer the Office of Zoning Hearing Examiner.

Effective on: 1/1/1901

1. (a)
   The Zoning Hearing Examiner shall conduct hearings for the following categories of zoning cases:

   1. (1)
      Applications for Zoning Map Amendments under Division 2 of PART 3;
   2. (2)
      Applications for special exceptions under PART 4, including applications for variances in conjunction with the Special Exceptions;
   3. (3)
      Petitions for revocation or modification of Special Exceptions, and the accompanying revocation of use and occupancy permits under Section 27-328;
   4. (4)
      Applications for the validation of permits issued in error under Section 27-258;
   5. (5)
      Fence waivers for nonconforming junk yards under Section 27-247(e);
   6. (6)
      Requests for authorization of the issuance of permits, including those submitted in conjunction with the approval of a Special Exception, Detailed Site Plan, Specific Design Plan, or Departure, for the construction of buildings within planned highways and transit routes under Section 27-259;
   7. (7)
      Requests for a reduction of the minimum area required for the construction of attached dwellings under Section 27-433(h);
   8. (8)
      Amendment of decisions, including amendment of conditions or site plans processed under Section 27-135;
   9. (9)
      Annulments of Map Amendment approvals for noncompliance with conditions;
   10. (10)
       Amendments of approved Basic Plans;
   11. (11)
       Reviews of certifications of nonconforming uses;
   12. (12)
       Amendments of approved Special Exceptions under Section 27-324;
   13. (13)
       Amendments of Special Exception site plans under Division 3 of PART 4;
   14. (14)
       Reconsideration of Special Exception final decisions under Section 27-327;
   15. (15)
       Complaints regarding medical practitioners' offices in one-family dwellings and racetracks;
   16. (16)
       Parking waivers under Section 27-585;
   17. (17)
       Appeals from decisions of the Historic Preservation Commission under Subtitle 29;
   18. (18)
       Zoning cases subject to the procedures of Subtitle 27A of the County Code;
   19. (19)
       Applications for Permit Site Plans involving deviations or variances as specified in Subtitle 27A of the County Code; and
   20. (20)
       Any other case for which the District Council directs that a hearing be held by the Zoning Hearing Examiner.
2. (b)
   The Zoning Hearing Examiner shall conduct a complete public hearing on the case in question, subject to all the requirements and restrictions imposed by law upon the District Council. The Examiner is empowered to swear witnesses and to issue subpoenas for witnesses and documents.
3. (c)
   After the conclusion of the hearing, the Zoning Hearing Examiner shall prepare and serve upon all persons of record a written decision containing specific findings of basic facts, conclusions of law, and either a recommended disposition of the case or, pursuant to Section 27-312, a final decision. This decision shall be filed with the District Council at this same time.

(CB-64-1989; CB-15-1993; CB-56-1993; CB-74-1994; CB-2-2010)

Effective on: 1/1/1901

1. (a)
   Authorization.

   1. (1)
      The Zoning Hearing Examiner shall dismiss any zoning case described in Section 27-127, above, which has not reached public hearing by or within any of the following time periods, whichever is later:

      1. (A)
         Three (3) years after the application was filed;
      2. (B)
         May 7, 1985;
      3. (C)
         Two (2) years after final action on a Sectional Map Amendment, if processing of the zoning case was postponed until after that final action; or
      4. (D)
         Two (2) years after an application was remanded by the District Council.
   2. (2)
      The Zoning Hearing Examiner may (for good cause) grant extensions of the time periods listed above. More than one (1) extension may be granted. Each extension may be for not more than six (6) months.
2. (b)
   Procedure.

   1. (1)
      At least thirty (30) days prior to dismissal, the Zoning Hearing Examiner shall send written notice of the proposed dismissal date to the applicant, the owner, and correspondent (at their addresses of record).
   2. (2)
      An order of dismissal by the Zoning Hearing Examiner shall be in writing, and shall be filed with the District Council. A copy of the order shall be sent to the Planning Board and all persons of record.
   3. (3)
      The order of dismissal shall terminate all proceedings in the case, unless appealed by the applicant or owner to the District Council within thirty (30) days after the date of dismissal. Each appeal shall be in writing and shall state specifically why the case should not be dismissed. An appellant shall give notice of his appeal to all persons sent notice of the order. The District Council shall consider the appeal within 90 days of its filing. The Council shall give at least ten (10) days notice of the time and place of the meeting at which the appeal will be considered. The notice shall be sent to the appellant and all other persons who were given notice of the order of dismissal. The appellant shall have the opportunity to appear before the Council to show why the case should not be dismissed. The Council shall either uphold the order of dismissal, or shall reverse the order and remand the case to the Zoning Hearing Examiner for further processing.
   4. (4)
      The provisions of Sections 27-147, 27-163, 27-183, 27-203, and 27-300 shall not apply to any zoning case which has been dismissed.

Effective on: 1/1/1901

1. (a)
   Limitation of time.

   1. (1)
      The time for presenting cases by parties shall generally be limited to one (1) hour for each side. For good cause, the Examiner may grant additional time.
2. (b)
   Order of presentation.

   1. (1)
      The order of presenting zoning cases shall be as follows:

      1. (A)
         Applicant's case;
      2. (B)
         Opposition's case;
      3. (C)
         Rebuttal by applicant;
      4. (D)
         Surrebuttal by opposition;
      5. (E)
         Public agency comments and examination;
      6. (F)
         Summation by opposition;
      7. (G)
         Summation by applicant.
   2. (2)
      In all cases (including cases remanded by the District Council), the order of presentation may be modified by the Examiner as the nature of the case warrants.
3. (c)
   Participation of Examiners.

   1. (1)
      The Examiner shall rule upon procedural matters, questions of law, evidence, motions, or objections, and may limit debate. He may ask questions of any witness.
4. (d)
   Witnesses.

   1. (1)
      All persons who appear to testify in a zoning case shall be sworn. Reasonable cross-examination of witnesses shall be permitted.
   2. (2)
      All subpoenas shall be served in the manner provided by the Maryland Rules of Civil Procedure for service in the Circuit Courts of this State. No person shall disobey or fail to answer the subpoena. A witness may be excused from attendance if he can show that his placement under subpoena was frivolous or oppressive.
5. (e)
   Transcripts.

   1. (1)
      A complete transcript containing all record testimony (including exhibits by reference) shall be prepared in each zoning case, except for those Special Exceptions which may be finally decided by the Zoning Hearing Examiner. A transcript shall be prepared in these cases when an appeal or a request for oral argument is filed, or where the District Council elects to make the final decision.
6. (f)
   Referral for additional information.

   1. (1)
      Cases may be referred to any agency which has processed or commented on an application, for the purpose of clarifying, updating, or completing the record.
7. (g)
   Correspondence and communications.

   1. (1)
      All correspondence received and copies of correspondence sent by public agencies processing applications shall be included in the record. The substance of any oral communication held with a public agency processing applications, regarding the merits of a pending zoning case, shall be reduced to writing and included in the record of that case.
8. (h)
   Persons of record.

   1. (1)
      The Zoning Hearing Examiner shall prepare a list of persons of record, which shall be made a part of the record.
9. (i)
   Testimony for less intense zones.

   1. (1)
      The Zoning Hearing Examiner may take testimony for a less intense zone if either:

      1. (A)
         The zone has been recommended by the Planning Board;
      2. (B)
         The Planning Board has not made a recommendation and the zone has been recommended by the Technical Staff; or
      3. (C)
         The application has been remanded pursuant to Sections 27-157(d), 27-176(e), 27-195(e), or 27-213(d).
10. (j)
    Continued and recessed cases.

    1. (1)
       The Examiner may continue or recess a case.

       1. (A)
          A case may be continued for good cause after it has been advertised for hearing.
       2. (B)
          After hearing has begun, a case may be recessed for the receipt of additional evidence and upon such conditions or limitations or subject to such additional requirements or hearings as due process may require.
       3. (C)
          If no new hearing date is set for a continued or recessed case at the time of continuance or recess, all parties of record shall be sent written notice at least twenty (20) days prior to the new hearing date.
       4. (D)
          The Planning Board may request (in writing) that the record be held open for not more than fourteen (14) days for the receipt of its recommendation on any given case.
11. (k)
    Case taken under advisement.

    1. (1)
       Once a case has been fully presented, it shall be taken under advisement for the Examiner to render a decision. Thereafter, no new evidence may be entered into the record except:

       1. (A)
          If good cause is shown why the evidence was not previously presented into the record; or
       2. (B)
          The evidence is presented pursuant to a remand of the District Council; and
       3. (C)
          All persons of record have been afforded the opportunity to present evidence in rebuttal.
       4. (D)
          Notwithstanding the above subparagraphs (A) through (C), the Hearing Examiner may deny admission of additional evidence upon a finding that its probative value is outweighed by any cumulative effect, undue prejudice, or delay in the proceedings.

(CB-152-1987; CB-11-1992)

Effective on: 1/1/1901

A person who is (or who may become) a person of record, or anyone appearing on behalf of a person of record, shall not communicate ex parte with any Examiner concerning any pending or proposed application. Examiners may, however, consider requests regarding scheduling.

Effective on: 1/1/1901

Upon notification, the District Council may hold the entire hearing or a portion of the hearing virtually and provide for virtual public participation. Notice and procedures for the hearing shall be in accordance with the District Council Rules of Procedure.

(CB-33-2020)

Effective on: 1/1/1901

1. (a)
   Authorization.

   1. (1)
      With the exception of zoning cases for which an alternative appeal process is otherwise specified, any person of record or the People's Zoning Counsel may file with the District Council, within thirty (30) days after the Zoning Hearing Examiner files his written decision in a zoning case:

      1. (A)
         An appeal from the Zoning Hearing Examiner's decision in a special exception case finally decided by the Zoning Hearing Examiner;
      2. (B)
         Exceptions to the Zoning Hearing Examiner's decision in any other zoning case; or
      3. (C)
         A request for oral argument before the District Council on either (A) or (B), above.
2. (b)
   Form and content of request.

   1. (1)
      Exceptions, appeals, and requests for oral argument shall be submitted (in writing) to the Clerk of the District Council. A copy shall be sent by the submitter to all persons of record (by regular mail), and a certificate of service shall accompany the submission to the Clerk.
   2. (2)
      Exceptions, appeals, and requests for oral argument shall be numbered in sequence and shall specify the error which is claimed to have been committed by the Examiner. Those portions of the record relied upon to support the claim shall be specified.
3. (c)
   Council action.

   1. (1)
      The District Council shall consider the exception or appeal at the time it takes final action on the case.
   2. (2)
      The District Council may conduct oral argument in those zoning cases which the District Council elects to review and in those zoning cases in which an appeal or exceptions are not filed and the Council must make the final decision.
4. (d)
   Opposition persons of record.

   1. (1)
      When a request for oral argument is filed by a person of record, all other persons of record may also make oral argument or written submission in opposition. Copies of any written material to be submitted in support of this opposition position shall be filed with the Clerk of the Council (along with a certification of service upon the persons requesting oral argument) no later than five (5) days before the oral argument date.
5. (e)
   Time limitation for speakers.

   1. (1)
      Oral argument at the hearing shall be limited to thirty (30) minutes for each side, unless extended by the Chairman of the Council. Persons wishing to give oral argument shall advise the Clerk of the Council prior to the hearing. Prior to the hearing, the Chairman shall divide the time, as deemed appropriate, and advise the speakers accordingly.
6. (f)
   New evidence.

   1. (1)
      Persons of record may not introduce evidence not already in the record. The Council may, however, either upon written request by a person of record or upon its own motion, remand a case to the Zoning Hearing Examiner for the purpose of reopening the record to receive and evaluate additional evidence. (See Section 27-133.) In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.
7. (g)
   Order of presentation.

   1. (1)
      The order of presentation before the Council (unless otherwise specified by the Chairman) shall be:

      1. (A)
         Orientation by the Technical Staff and the Principal Counsel to the District Council (or an authorized representative);
      2. (B)
         Oral argument against the decision of the Examiner;
      3. (C)
         Oral argument in favor of the decision of the Examiner;
      4. (D)
         Rebuttal by those against the decision;
      5. (E)
         Rebuttal by those in favor of the decision.
   2. (2)
      Oral argument shall be limited to persons of record, the People's Zoning Counsel, and those individuals who testified before the Zoning Hearing Examiner.

(CB-4-1989; CB-56-1993; CB-99-1996; CB-61-1997; CB-1-2004; CB-33-2020)

Effective on: 1/1/1901

1. (a)
   Conduct of meetings.

   1. (1)
      Call to order.

      1. (A)
         The Chairman shall take the chair at the day and hour to which the District Council was adjourned at its last sitting. On the appearance of a quorum, the Chairman shall immediately call the members to order. In the absence of both the Chairman and Vice Chairman for ten (10) minutes after the time set for the meeting, and if a quorum is present, the District Council shall still convene. In this latter case the members shall designate a presiding officer.
      2. (B)
         Not later than ten (10) minutes after the time set for the meeting, the roll shall be called, and members shall signify their attendance by responding. Following the roll call, the Chairman shall announce for the record (consistent with paragraph (2)(B), below) information he has received relating to the absence of any Council member from the session.
      3. (C)
         In the absence of a quorum at ten (10) minutes after the time set for the meeting, the Clerk shall record the names of the members present. This record shall constitute the list of members present at the appointed time, and shall be in lieu of the roll call prescribed in (B), above.
      4. (D)
         When a meeting of the District Council has been preceded by a meeting of the County Council on the same day, (B) and (C), above, shall not apply.
   2. (2)
      Minutes.

      1. (A)
         When (B) or (C), above, applies, the Clerk shall enter into the minutes the record of attendance and the arrival time at the meeting of a member previously marked absent.
      2. (B)
         The minutes may contain an explanation of a member's absence only in the case of illness, personal emergency, or other County governmental business.
   3. (3)
      Record of vote.

      1. (A)
         The vote, abstention, or absence of each Council member shall be recorded on every issue where a vote is taken.
      2. (B)
         Members must be physically present at the District Council meeting at the time the vote is taken in order to vote.
      3. (C)
         The Chairman shall promptly announce the results of every vote.
   4. (4)
      Voting and attendance records.

      1. (A)
         The Clerk shall maintain a voting and attendance log for each Council member on a form identified as "Voting and Attendance Record." The following votes shall be by roll call, and shall be reflected in the log:

         1. (i)
            Final action on zoning cases to be finally decided by the Council;
         2. (ii)
            Remand of any zoning cases to the Zoning Hearing Examiner or Planning Board;
         3. (iii)
            Any motion for reconsideration;
         4. (iv)
            Any District Council instructions for the preparation of findings of fact and conclusions, or other relative documents, necessary for use by the Council in taking action.
2. (b)
   Quorum.

   1. (1)
      The presence of a majority of the Council (excluding vacancies) shall constitute a quorum to act on zoning cases; however, two-thirds (2/3) of the full Council shall constitute a quorum to act on a final decision on any zoning case requiring a favorable vote of two-thirds (2/3) of the full Council.
3. (c)
   Voting requirements.

   1. (1)
      The voting requirements for action by the Council shall be as follows:

      1. (A)
         A majority vote of those members present and voting shall be necessary to remand any Zoning Map Amendment or Special Exception application to the Office of the Zoning Hearing Examiner or to the Planning Board. (See Section 27-133.)
      2. (B)
         A majority vote of the full Council shall be necessary to take final action on any zoning case or other zoning matter, except where an affirmative vote of two-thirds (2/3) of the full District Council is required.
      3. (C)
         The Council may only approve a Zoning Map Amendment (except an application for the M-X-T, UC, or a Comprehensive Design Zone) which conflicts with the land use proposals or requirements of either the map or the text of an approved Master Plan upon the affirmative vote of two-thirds (2/3) of the full Council. Where the application is for the M-X-T Zone, the District Council may only approve the application in accordance with the provisions of Section 27-213(a)(2), in lieu of the provisions of this subparagraph. Where the application is for a UC Zone, the District Council may only approve the application in accordance with the provisions of Section 27A-211(i) of the County Code, in lieu of the provisions of this subparagraph. Where the application is for a Comprehensive Design Zone, it may only be approved if it conforms to the Master Plan, in accordance with Section 27-195(b)(1)(A).
      4. (D)
         The Council may only approve a Zoning Map Amendment or Special Exception application contrary to the recommendation of a municipality containing the subject land within its boundaries upon the affirmative vote of two-thirds (2/3) of the members of the full Council.
4. (d)
   Time limits on final action.

   1. (1)
      A motion for final action in any zoning matter before the District Council which fails to obtain the required majority shall be set aside, and it or any other motion for final action may be subsequently considered within the following time periods:

      1. (A)
         In a zoning case not finally decided by the Zoning Examiner, the Council shall make its decision finally disposing of the application within one hundred twenty (120) days after the Zoning Hearing Examiner files his decision with the Clerk of the Council, or within one hundred fifty (150) days if oral argument is requested.
      2. (B)
         In any other zoning matter (except Zoning Ordinance text amendments), the District Council shall make its decision finally disposing of the application within sixty (60) days after it first considers the matter, unless otherwise provided.
      3. (C)
         The District Council may take final action in any zoning case immediately after the Zoning Hearing Examiner's decision has been filed, if all persons of record and the People's Zoning Counsel waive (in writing) their rights to file exceptions and request oral argument as provided for in Section 27-131(a)(1)(B) or (C).
   2. (2)
      If the District Council fails to render a final decision in accordance with the time limit and voting requirements of this Section, the application shall be considered to have been denied, unless otherwise specified in this Subtitle. This shall not be applicable to the adoption of text amendments.
5. (e)
   Subpoena powers.

   1. (1)
      The District Council shall have the power to issue subpoenas for witnesses and documents in all zoning cases. The subpoenas shall be served in the manner provided by the Maryland Rules of Civil Procedure for service in the Circuit Courts of this State. No person shall disobey or fail to answer the subpoena. A witness may be excused from attendance if he can show that his placement under subpoena was frivolous or oppressive.
6. (f)
   Jurisdiction.

   1. (1)
      In deciding an appeal to the District Council, or Council election to review a decision made by the Zoning Hearing Examiner or the Planning Board, the Council shall exercise original jurisdiction.
   2. (2)
      For any appeal or review of a decision made by the Zoning Hearing Examiner or the Planning Board, the Council may, based on the record, approve, approve with conditions, remand, or deny the application.

(CB-25-1996; CB-76-1996; CB-90-1997; CB-2-2010)

Effective on: 1/1/1901

1. (a)
   In general.

   1. (1)
      Within the time specified for final decision, the District Council may remand any zoning case heard by the Zoning Hearing Examiner back to the Examiner for clarification or for additional testimony. The Council may also remand any Zoning Map Amendment or Special Exception for a de novo proceeding where there is good cause. Where additional testimony is taken upon remand, there shall be a new or revised decision from the Office of Zoning Hearing Examiner, which shall be subject to Section 27-131.
2. (b)
   Request.

   1. (1)
      When a request for oral argument is filed pursuant to the provisions of Section 27-131, any person of record may file a request for remand. The request shall be submitted (in writing) to the Clerk of the District Council not later than sixty (60) days after the Zoning Hearing Examiner has filed his decision on the case and at least fourteen (14) days prior to the scheduled argument. The request shall set forth the reasons for the remand. The person making the request shall send, by first class mail, a copy of the request to all persons of record. A certificate of service shall accompany the submission to the Clerk.
   2. (2)
      The District Council shall schedule argument on the requested remand prior to argument on the merits of the case.
   3. (3)
      Argument shall be restricted to the reasons for which the remand was requested and the need therefor. Argument shall also be limited to fifteen (15) minutes for each side, unless extended by the Chairman of the Council.
   4. (4)
      At the conclusion of the argument, the District Council may either: remand the case to the Zoning Hearing Examiner or to the Planning Board for de novo proceedings, citing the reasons therefor; or deny the requested remand, and either conduct the scheduled oral argument or direct the Clerk to schedule or reschedule oral argument on the merits of the case and so notify all persons of record. The denial of a request for remand made pursuant to Subsection (b) of this Section does not prohibit the District Council from subsequently remanding a case pursuant to either Subsection (a) or Subsection (c) of this Section.
3. (c)
   Remand de novo.

   1. (1)
      The District Council's order for a de novo proceeding shall be in writing. The application shall be remanded to the Planning Board, and the time for a final decision shall begin to run anew from the date of the refiling of the application with the District Council (Section 27-132(d)).
   2. (2)
      Notwithstanding the requirements of Sections 27-145, 27-161, 27-181, 27-201, and 27-298, once the application has been remanded, it may be amended. Unless amendments or procedures are limited by the order of the District Council remanding the application, it shall be treated as a new application; however, if the application is subsequently withdrawn, the provisions of Sections 27-147, 27-163, 27-183, 27-203, and 27-300 (reapplication) shall apply.
   3. (3)
      In no case shall the remand order waive the requirement for a new Technical Staff Report.
4. (d)
   Time for final decision.

   1. (1)
      Whenever the District Council remands an application, the time limits on final action shall begin to run anew from the date of refiling the application with the District Council in accordance with the provisions of Section 27-132(d).

(CB-88-1987; CB-55-1999; CB-1-2004)

Effective on: 1/1/1901

The notice of final decision, findings, conclusions, and votes of the Council in any zoning case shall be served upon all persons of record and any public agency processing the application. For purposes of this Code, reconsideration of the final decision shall be filed within thirty (30) days after the date of service of the Notice of Final Decision by the Clerk of the Council.

(CB-2-2019)

Effective on: 1/1/1901

1. (a)
   Reconsiderations and site plan amendments for Special Exceptions shall be as provided for in PART 4. All others are governed by this Section (except Zoning Ordinance text amendments).
2. (b)
   Once a final decision has been made by the District Council, the decision may be reconsidered upon a written request filed by either the applicant or other person of record within thirty (30) days after the date of service of the Notice of Final Decision by the Clerk of the Council if, based on the written request, the Council finds that there may have been an error in reaching the final decision that was caused by fraud, surprise, mistake, or inadvertence. The person of record filing the request for reconsideration shall, upon filing the request, send a copy to all other persons of record.

   1. (1)
      If the District Council determines there may be grounds for reconsideration of their final decision, the Clerk of the Council shall schedule an evidentiary hearing on the request.
   2. (2)
      After hearing, the District Council shall first vote to reconsider their final decision and, if an affirmative motion is adopted, vote on a new decision.
3. (c)
   The District Council may (for good cause) amend any condition imposed or site plan approved (excluding Comprehensive Design Zone Basic Plans or R-P-C Zone Official Plans) upon the request of the applicant without requiring a new application to be filed, if the amendment does not constitute an enlargement or extension.

   1. (1)
      In the case of an amendment of a condition (imposed as part of the approval of the zoning case), the request shall be directed, in writing, to the District Council, and shall state the reasons therefore. Before the Council amends a condition, the Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-129, and shall notify all parties of record (including all parties of record on the original application and any amendments thereto) in the same manner as required for an original application. The Planning Board shall post a sign on the subject property, setting forth the date, time, and place of the hearing, in the same manner as required for an original application. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's decision with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
   2. (2)
      Where a site plan has been approved by the Council, the applicant may request an amendment to the site plan in the form of an application filed with the Planning Board. The Technical Staff shall analyze the proposed amendment, taking into consideration the requirements of this Subtitle. The staff shall submit (for the record) a recommendation. This recommendation, along with the proposed amendment, shall be transmitted by the Technical Staff directly to the District Council. The Zoning Hearing Examiner shall hold a public hearing on the request, in accordance with Section 27-129, and shall notify all parties of record (including all parties of record on the original application and any amendments thereof) in the same manner as required for an original application. The Planning Board shall post a sign on the subject property, setting forth the date, time, and place of the hearing, in the same manner as required for an original application. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council. Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
4. (d)
   An applicant may request the amendment of any Comprehensive Design Zone Basic Plan or R-P-C Zone Official Plan, as set forth in Sections 27-197 and 27-158.

(CB-1-1991; CB-56-1993; CB-74-1994; CB-1-2004; CB-2-2019)

Effective on: 1/1/1901

Informed public actions on land use matters require a full exploration of often complex factual and legal issues. An independent People's Counsel can protect the public interest and promote a full and fair presentation of relevant issues in administrative proceedings in order to achieve balanced records upon which sound land use decisions can be made. In addition, a People's Counsel who provides technical assistance to citizens and citizen organizations will encourage effective participation in, and increase public understanding of and confidence in, the County land use process.

(CB-19-2003)

Effective on: 1/1/1901

1. (a)
   The County Council shall appoint one (1) or more attorneys to serve as People's Zoning Counsel and Deputy People's Zoning Counsel, pursuant to Section 322 of the County Charter, for terms of four (4) years. Preference shall be given to persons who are residents of Prince George's County.
2. (b)
   An individual appointed as People's Zoning Counsel or Deputy People's Zoning Counsel may be removed from office for cause by the affirmative vote of not less than two-thirds (2/3) of the members of the full Council.
3. (c)
   An individual appointed as People's Zoning Counsel or Deputy People's Zoning Counsel may not represent any client in any matter involving any land use case brought pursuant to Subtitles 24 or 27 in Prince George's County nor be a principal in a firm which does so.
4. (d)
   At the end of a term, an individual appointed as People's Zoning Counsel or Deputy People's Zoning Counsel shall continue to serve until a successor is appointed and qualified.

(CB-56-1993; CB-19-2003; CB-10-2004)

Effective on: 1/1/1901

Any person appointed shall be a member in good standing of the Maryland bar, have substantial experience in land use law and procedure, and be actively engaged in the practice or teaching of law for at least five (5) years prior to the date of appointment.

(CB-19-2003; CB-10-2004)

Effective on: 1/1/1901

The compensation of the People's Zoning Counsel and Deputy People's Zoning Counsel shall be contained in the annual budget of the County. Payment shall be made upon approval of the Chairman of the Council. The People's Zoning Counsel and Deputy People's Zoning Counsel shall be provided the clerical and other assistance prescribed in the budget.

(CB-19-2003; CB-10-2004)

Effective on: 1/1/1901

1. (a)
   To protect the public interest and achieve a full and fair presentation of relevant issues, the People's Zoning Counsel shall have the right to appear on behalf of the interests of the public in general, to defend any duly enacted General Plan, Master Plan, or comprehensive zoning maps as adopted by the District Council, and in any matter involving zoning reclassification or any Special Exception. The People's Zoning Counsel may appear before:

   1. (1)
      The Zoning Hearing Examiner or the District Council (for oral argument hearings or evidentiary hearings) if the matter involves a zoning case or a Permit Site Plan involving deviations or variances as specified in Subtitle 27A of the County Code;
   2. (2)
      The Planning Board if the matter involves a Comprehensive Design Plan, Development District Overlay Zone, an appeal pertaining to the Urban Centers and Corridor Nodes Development and Zoning Code, or a Transit District Overlay Zone; or
   3. (3)
      The Board of Appeals if the matter involves a variance.
2. (b)
   The People's Zoning Counsel may prosecute an application before any state or federal court for injunctive or other relief incidental thereto, to enjoin violation of any zoning map or Master Plan or as specifically authorized by the District Council.
3. (c)
   To participate in any proceeding under Subsection (a), the People's Zoning Counsel shall file a notice of intention to participate. After the notice is filed, the People's Zoning Counsel is entitled to all notices provided to parties of record and may participate by making motions, introducing evidence, examining witnesses, cross-examining witnesses, filing exceptions and making arguments as the law and evidence in the case may warrant. The People's Zoning Counsel shall provide a copy of the notice of intention to participate to all persons who are then parties of record to the matter. In the People's Zoning Counsel's discretion, the Counsel may withdraw from, or decline to participate in, any proceeding in which the Counsel may participate in under Subsection (a). The People's Zoning Counsel is not liable to any person for participating in, or declining to participate in, any proceeding.
4. (d)
   The People's Zoning Counsel shall have in each appearance all rights of counsel for a party of record, including, but not limited to the right to file and prosecute an appeal to the courts as an aggrieved party to promote and protect the health, safety, and welfare of the community.
5. (e)
   The Deputy People's Zoning Counsel shall act for the People's Zoning Counsel at the direction of the People's Zoning Counsel or when the People's Zoning Counsel is unable to serve.

(CB-19-2003; CB-10-2004; CB-2-2010)

Effective on: 1/1/1901

1. (a)
   Without becoming a party to any judicial or administrative proceeding, and subject to available time and resources, the People's Zoning Counsel may provide technical assistance to any person about a proceeding described in Section 27-139(a). When providing technical assistance, the People's Zoning Counsel must inform the recipient that the People's Counsel is not acting and cannot act as a personal attorney for the recipient.
2. (b)
   The People's Zoning Counsel shall be available to any civic association, homeowners association or other similar group to speak about land use law and procedures in Prince George's County.

(CB-19-2003)

Editor's note(s)—The reference to Section 27-139(a) is in error. The correct reference should be Section 27-139.01(a).

Effective on: 1/1/1901

The People's Zoning Counsel must annually report to the District Council on the activities of the Office.

(CB-19-2003)

Effective on: 1/1/1901

Studies of any agency (or its staff) in the nature of land development plans, which have not been subjected to the requirements for the adoption and approval of a Master Plan, shall not be used as the basis for approval or disapproval of zoning cases. However, the Planning Board may consider the recommendations of a preliminary Master Plan, if prepared pursuant to the provisions of Section 27-225.01.05, prior to its approval by the District Council, when making a recommendation on a Comprehensive Design Zone application. The Zoning Hearing Examiner, Planning Board, or District Council shall not be precluded from considering any factual or empirical evidence contained in any staff studies.

(CB-33-1992)

Effective on: 1/1/1901

The final decision in any zoning case shall be based only on the evidence in the record, and shall be supported by specific written findings of basic facts and conclusions. In addition, the Council may take judicial notice of any evidence contained in the record of any earlier phase of the approval process relating to all or a portion of the same property, including the approval of a preliminary plat of subdivision.

(CB-99-1996)

Effective on: 1/1/1901

The burden of proof in any zoning case shall be the applicant's.

Effective on: 1/1/1901

1. (a)
   General.

   1. (1)
      An application for a Zoning Map Amendment to a conventional zone shall be filed with the Planning Board by the owner (or authorized representative) of the property. The District Council may suspend the filing of applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.
   2. (2)
      No application may be filed for the C-1 and C-2 Zones (including extending existing zones) after October 30, 1970.
   3. (3)
      No application may be filed for the C-C, C-G, or C-H Zones (including extending existing zones) after March 1, 1977. (If such an application was filed prior to this date, but has not yet been decided by the District Council, it may still be considered for the requested zone or amended to request the C-O, C-A, C-S-C, or C-M Zone.)
   4. (4)
      No application shall be filed requesting more than one (1) zone.
   5. (5)
      All applications shall be on the forms provided. All information shall be typed, except for signatures.
   6. (6)
      If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated only by a public right-of-way, stream bed, or the like.
   7. (7)
      An application for a Zoning Map Amendment to the R-O-S Zone shall be filed by the appropriate public agency within six (6) months of the conveyance of property purchased with State Program Open Space funds, unless it can be demonstrated that there is a more appropriate zoning category for the land based on its intended future use, or unless the public agency has a need to maintain certain properties, or portions of properties, in a more intense zoning category. This requirement shall apply to any land received by a public agency as described above, following the approval of the Sectional Map Amendment initiated solely for the consideration of the R-O-S Zone pursuant to Section 27-221(c). If land purchased with Program Open Space funds that has been placed in the R-O-S Zone is subsequently disposed of for the purpose of construction of a public facility, the value of the property, for the purpose of compensation of the agency, shall be based on the original purchase price.
   8. (8)
      No application may be filed for the R-O-S Zone if any existing use on the property, with the exception of a publicly-owned use, would become nonconforming as a result of noncompliance with the required minimum net lot area as set forth in Section 27-442(b).
   9. (9)
      No application may be filed for the R-T Zone (including extending existing zones) after December 30, 1996, unless:

      1. (A)
         The proposed development on the property to be rezoned to R-T will consist only of one-family attached metropolitan dwelling units; or
      2. (B)
         The property to be rezoned to R-T is located within a mixed-use activity center designated as a "Transit Village" in the applicable Area Master Plan.
   10. (10)
       The reclassification, through a Zoning Map Amendment, of property located partially or completely within the Safety Zones of the Military Installation Overlay Zone is subject to the following conditions:

       1. (A)
          No land in the Safety Zones of the M-I-O Zone shall be rezoned to a more-intense residential zone.
       2. (B)
          No land in the Safety Zones of the M-I-O Zone shall be rezoned to the R-30, R-30C, R-18, R-18C, R-10A, R-10, or R-H Zones.
       3. (C)
          No land in the Safety Zones of the M-I-O Zone shall be placed in the M-U-I, M-X-T, M-X-C, or M-U-TC Zones.
       4. (D)
          No land in the Safety Zones of the M-I-O Zone shall be placed in a Comprehensive Design Zone.
       5. (E)
          No land in the Safety Zones of the M-I-O Zone shall be placed in an Urban Center District pursuant to Subtitle 27A of this Code.
2. (b)
   Contents of application form.

   1. (1)
      The following information shall be included on the application:

      1. (A)
         The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
      2. (B)
         The existing and requested zoning classifications of the property;
      3. (C)
         The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
      4. (D)
         The total area of the property (either in acres or square feet);
      5. (E)
         The property's lot and block numbers, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;
      6. (F)
         The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation; and
      7. (G)
         The name, address, and telephone number of the correspondent.
3. (c)
   Other submission requirements.

   1. (1)
      Along with the application, the applicant shall submit the following:

      1. (A)
         Four (4) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

         1. (i)
            The present configuration of the property, including bearings and distances (in feet);
         2. (ii)
            The names of owners of record, or subdivision lot and block numbers, of adjoining properties;
         3. (iii)
            The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
         4. (iv)
            The (subdivision) lot and block number of the subject property (if any);
         5. (v)
            A north arrow and scale (no smaller than one (1) inch equals four hundred (400) feet);
         6. (vi)
            The total area of the property (in either square feet or acres);
         7. (vii)
            The location of all existing buildings on the property; and
         8. (viii)
            The subject property outlined in red.
      2. (B)
         Four (4) copies of the Zoning Map page on which the property is plotted to scale and outlined in red;
      3. (C)
         Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and factual reasons showing why approval of the request will not be detrimental to the public health, safety, and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be no larger than eighteen (18) by twenty-four (24) inches;
      4. (D)
         A statement listing the names, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the subject property;
      5. (E)
         If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;
      6. (F)
         If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);
      7. (G)
         A list containing the names and addresses of all adjoining property owners and the owners of those properties directly across a street, alley, or stream, and, if any part of the property which is the subject of the application is located within a municipality, the name and address of the municipality, as well as the name and address of all municipalities located within one (1) mile of the subject property, and a set of preaddressed envelopes or mailing labels; and
      8. (H)
         Any other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board (submitted in triplicate).
   2. (2)
      For the purposes of (D), (E), and (F) above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(CB-107-1984; CB-33-1985; CB-128-1989; CB-95-1991; CB-73-1994; CB-76-1995; CB-55-1996; CB-33-2005; CB-37-2006; CB-42-2015)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Requests to amend an application shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative). The amendment of applications shall be subject to the following:

   1. (1)
      Amendments concerning an error, omission of fact, or other factual change not mentioned below in this Section shall be permitted at any time.
   2. (2)
      Amendments which change the total area or configuration of a property shall be made before the application is transmitted to the Council. If the area is increased, the appropriate additional filing fee shall be paid.
   3. (3)
      Amendments which change the requested zoning classification shall be accompanied by a new (revised) justification statement. The amendment shall also be the subject of a new (revised) Technical Staff Report or a statement by the Technical Staff that a new (revised) report is unnecessary. Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted. Where the Technical Staff recommends an amendment, the applicant may request the amendment within fifteen (15) days after the date of the public release of the Technical Staff Report, in which case the request shall be administratively granted. If the Planning Board hears the case, and either the amendment is different than the one recommended by the staff or the fifteen (15) days have lapsed, the amendment request shall be directed to the Planning Board prior to or on the date on which it first hears the application, or within ten (10) days after the date the Planning Board recommends the amendment. The amendment shall not be permitted if more than ten (10) days have elapsed since the date of the Planning Board's recommendation.
   4. (4)
      Notification of any amendments shall be furnished to any person who has requested (in writing) a copy of the Technical Staff Report.

Effective on: 1/1/1901

1. (a)
   Any application may be withdrawn. All requests for withdrawal shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative).
2. (b)
   Requests made prior to the date the application is transmitted to the Council shall be directed to the Planning Board.
3. (c)
   Requests made on or after the date the application is transmitted to the Council shall be directed to the District Council.
4. (d)
   Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-147 shall not apply.
5. (e)
   Requests received on or after the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-147 shall apply.

Effective on: 1/1/1901

No new Zoning Map Amendment application may be filed on the same land until two (2) years have elapsed after final action (including appellate review) on a previous application. After two (2) applications on the same land have been acted upon, four (4) years must elapse before another application on the same land may be filed. No land shall be the subject of two (2) applications for Map Amendment at the same time.

Effective on: 1/1/1901

An application for a Map Amendment may be filed or considered at the same time that a Special Exception application on the same land is filed or considered.

Effective on: 1/1/1901

1. (a)
   Hearing date established.

   1. (1)
      The Zoning Hearing Examiner shall establish the date of the public hearing.
2. (b)
   Request to delay hearing.

   1. (1)
      Should the Planning Board determine that it is in the public interest to delay the hearing date, the Planning Board may request, prior to the submission date (Section 27-150(a)), that the Council approve the delay. The request shall be in writing, with a copy to the Zoning Hearing Examiner. The District Council may approve the request (by administrative action) and notify the Zoning Hearing Examiner to redesignate the hearing to another specified date.
   2. (2)
      The People's Zoning Counsel or any person of record may request the continuance of a hearing under this Section. The Zoning Hearing Examiner shall grant a continuance if a required Technical Staff Report has not been filed at least thirty (30) days before the scheduled hearing. If a continuance is granted for this reason, the Zoning Hearing Examiner may not hear the case until at least thirty (30) days after the Technical Staff Report has been filed.

(CB-123-1986)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Transmittal.

   1. (1)
      At least thirty (30) days prior to the public hearing, the original copy of the application, plans, maps, specifications, Technical Staff Report, and all other data, materials, and record evidence (to date) pertaining to the requested Map Amendment shall be sent by the Planning Board to the District Council.
2. (b)
   Public examination.

   1. (1)
      At least thirty (30) days prior to the public hearing, the original Map Amendment application file shall be available for public examination in the Office of the Zoning Hearing Examiner, and a copy of the file shall be available for public examination in the Office of the Planning Board. This file may be reviewed by anyone, and copies of its contents may be obtained at a reasonable cost.

Effective on: 1/1/1901

1. (a)
   Referral.

   1. (1)
      When a historic resource included on the Adopted and Approved Historic Sites and Districts Plan (except the White Farm identified as Site Number 7306 on the Plan) is located on the subject property, the application shall be referred to the Historic Preservation Commission, as soon as feasible after filing.
2. (b)
   Recommendation.

   1. (1)
      The Historic Preservation Commission shall submit its comments and recommendations for the record within forty-five (45) days after the date the application was referred to it. Failure of the Historic Preservation Commission to submit a recommendation within this time period shall constitute no objection to the approval of the Map Amendment, as requested.

Effective on: 1/1/1901

1. (a)
   In connection with each application, a report by the Technical Staff shall be submitted to the Planning Board for its review. The report shall contain the following:

   1. (1)
      The staff's recommendation;
   2. (2)
      A delineation of the approximate area of the neighborhood, which shall be shown on either a Zoning Map, aerial photograph, or sketch map;
   3. (3)
      A description of land use and zoning in the neighborhood; and
   4. (4)
      In cases where the staff recommends a zone different than that requested, an analysis of the alternative zone recommended.
2. (b)
   The technical staff report shall be published on the Planning Board website. Any person may request, in writing, a copy of the technical staff report sent by first class mail. A reasonable fee may be charged to cover the costs of postage and copying. A copy of the report shall be included in the record.
3. (c)
   The technical staff report shall advise the reader that a hearing before the Planning Board will not be held unless the Board notifies all persons listed under Subsection (b) above.
4. (d)
   The technical staff report shall contain the date of the Planning Board meeting during which the Board will decide whether to hear the case.

(CB-97-2015)

Effective on: 1/1/1901

1. (a)
   The Planning Board shall decide whether it will hold a hearing on each case (after receiving the Technical Staff Report).
2. (b)
   If the Board does not decide to hear a case within fifteen (15) days after the Technical Staff Report has been publicly released (or at its first meeting after its release if none had occurred within the fifteen (15) days), the Technical Staff's recommendation shall constitute the Planning Board's recommendation. In this event, the report shall immediately be transmitted to the District Council, together with the application and all other record material.
3. (c)
   If the Board decides to hear the case, it shall set a hearing date which shall be at least thirty (30) days after deciding to hear the case. The Board shall notify (in writing) all persons of record, and all other persons who requested (in writing) a copy of the Technical Staff Report, of the hearing date.
4. (d)
   Prior to or at the Planning Board's hearing, the applicant and any other person may submit written responses to the Technical Staff Report, together with any supporting material. If it is not foldable, the material shall be not larger than eighteen (18) by twenty-four (24) inches. The responses shall become a part of the record that will be forwarded to the District Council.
5. (e)
   The following procedures shall be observed at the Planning Board:

   1. (1)
      No one shall present evidence after the hearing is concluded, unless a rehearing is ordered.
   2. (2)
      All hearings shall be open to the public.
   3. (3)
      The Planning Board shall make its recommendation only on the basis of the record before it.
   4. (4)
      Any action shall be by a resolution adopted at a regularly scheduled public meeting.
   5. (5)
      The resolution shall be transmitted to the District Council, together with the original application and all other record material pertaining to the Zoning Map Amendment application.
   6. (6)
      Copies of the minutes of the Planning Board hearing shall be available for public inspection. The minutes may be copied by anyone during normal working hours.

Effective on: 1/1/1901

Where the Zoning Hearing Examiner is authorized to conduct a public hearing, he shall do so in accordance with PART 3, Division 1, Subdivision 2, of this Subtitle.

Effective on: 1/1/1901

Whenever the District Council conducts a public hearing (including an oral argument), it shall do so in accordance with PART 3, Division 1, Subdivision 3, of this Subtitle.

Effective on: 1/1/1901

1. (a)
   Change/Mistake rule.

   1. (1)
      No application shall be granted without the applicant proving that either:

      1. (A)
         There has been a substantial change in the character of the neighborhood; or
      2. (B)
         Either:

         1. (i)
            There was a mistake in the original zoning for property which has never been the subject of an adopted Sectional Map Amendment; or
         2. (ii)
            There was a mistake in the current Sectional Map Amendment.
2. (b)
   Conditional approval.

   1. (1)
      When it approves a Zoning Map Amendment, the District Council may impose reasonable requirements and safeguards (in the form of conditions) which the Council finds are necessary to either:

      1. (A)
         Protect surrounding properties from adverse effects which might accrue from the Zoning Map Amendment; or
      2. (B)
         Further enhance the coordinated, harmonious, and systematic development of the Regional District.
   2. (2)
      In no case shall these conditions waive or lessen the requirements of, or prohibit uses allowed in, the approved zone.
   3. (3)
      All building plans shall list the conditions and shall show how the proposed development complies with them.
   4. (4)
      Conditions imposed by the District Council shall become a permanent part of the Zoning Map Amendment, and shall be binding for as long as the zone remains in effect on the property (unless amended by the Council).
   5. (5)
      If conditions are imposed, the applicant shall have ninety (90) days from the date of approval to accept or reject the rezoning as conditionally approved. He shall advise (in writing) the Council, accordingly. If the applicant accepts the conditions, the Council shall enter an order acknowledging the acceptance and approving the Map Amendment, at which time the Council's action shall be final. Failure to advise the Council shall be considered a rejection of the conditions. Rejection shall void the Map Amendment and revert the property to its prior zoning classification. The Council shall enter an order acknowledging the rejection, voiding its previous decision, and reverting the property to its prior zoning classification, at which time the Council's action shall be final.
   6. (6)
      All Zoning Map Amendments which are approved subject to conditions shall be shown on the Zoning Map with the letter "C" after the application number.
3. (c)
   Noncompliance with conditions.

   1. (1)
      All conditions imposed shall be mandatory. The failure to comply with any condition shall constitute a zoning violation and shall be grounds for the Council to:

      1. (A)
         Annul the Map Amendment;
      2. (B)
         Revoke a use and occupancy permit;
      3. (C)
         Institute appropriate civil or criminal proceedings; or
      4. (D)
         Institute any other action necessary to obtain compliance.
   2. (2)
      Before the Council annuls an approved conditional Zoning Map Amendment, the Zoning Hearing Examiner shall hold a public hearing, in accordance with Section 27-129, and transmit a written recommendation on the matter. The following procedures shall be followed:

      1. (A)
         A petition shall be filed with the Clerk of the Council by the Director of the Department of Permitting, Inspections, and Enforcement (or his designee) requesting the Council to annul the Zoning Map Amendment. The petition shall state the reasons for the request. At the same time, a copy of the petition shall be sent to the Planning Board.
      2. (B)
         The Planning Board shall submit a written recommendation on the petition to the Council.
      3. (C)
         After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
      4. (D)
         Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
      5. (E)
         Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
4. (d)
   Approval of a zone different from that requested.

   1. (1)
      The District Council may approve a less intense zone than that requested by the applicant for any part of the subject property involved in the application.
   2. (2)
      If the subject property is located within the boundaries of a municipality, a less intense zone may only be approved if there was testimony on the less intense zone before the Zoning Hearing Examiner, and an opportunity given for the municipality to make a recommendation. If there was no testimony or opportunity, the application shall be remanded to the Zoning Hearing Examiner for this purpose (Section 27-133). Upon remand, the Hearing Examiner shall notify all persons of record and any municipality in which the property is located. The Hearing Examiner shall conduct further hearings if the case warrants.
5. (e)
   Where the property proposed for the Zoning Map Amendment is located within the Resource Conservation Overlay Zone, no Commercial or Industrial Zone shall be granted for the subject property.
6. (f)
   Effect on Special Exceptions.

   1. (1)
      When any land upon which a Special Exception has been approved is reclassified to a zoning category different from that category in which it was classified at the time the Special Exception was approved, the following shall apply:

      1. (A)
         If, at the time of the rezoning, the approved use requires the approval of a Special Exception in the new zone, and the specific Special Exception requirements governing the use are the same in both zones, the Special Exception, as approved, shall remain in full force and effect.
      2. (B)
         If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this Subparagraph shall be subject to PART 4, Division 1, Subdivisions 10, 11, and 12.
      3. (C)
         If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
      4. (D)
         If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a Special Exception, the Special Exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property.

(CB-50-1984; CB-33-1985; CB-72-1987; CB-56-1993; CB-55-1997; CB-1-2004; CB-67-2005; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   Land originally classified in the R-P-C Zone before January 1, 1969, is subject to the following amendment guidelines:

   1. (1)
      Land may be reclassified to the R-P-C Zone through the adoption of a Sectional Map Amendment. The Area Master Plan and corresponding Sectional Map Amendment approved and adopted after January 1, 1989, shall be the Official Plan for land in the R-P-C Zone. During the Sectional Map Amendment process, land may be rezoned to or from the R-P-C Zone if:

      1. (A)
         The property was originally classified in the R-P-C Zone before January 1, 1969;
      2. (B)
         The land to be rezoned R-P-C abuts an existing R-P-C zoned parcel;
      3. (C)
         It involves a change from one zoning subcategory to another; or
      4. (D)
         It is to rezone a parcel of land from the R-P-C Zone to another zoning category.
   2. (2)
      A Zoning Map Amendment Application to amend an Official Plan approved after January 1, 1989, may be accepted for processing if:

      1. (A)
         The requested amendment involves a change from one zoning subcategory to another;
      2. (B)
         It involves an expansion of an existing R-P-C Zone onto, or to encompass, abutting land; or
      3. (C)
         It is a request to rezone an R-P-C Zone to another zoning category.
   3. (3)
      The Planning Board may approve a proposed amendment to the Official Plan through approval of a Detailed Site Plan, processed in accordance with PART 3, Division 9, of this Subtitle, when it does not involve a change in any zoning subcategory shown on the Official Plan.
   4. (4)
      Notwithstanding any provision in this Subtitle to the contrary, approval of an Official Plan through the adoption of a Sectional Map Amendment shall constitute certification of all nonconforming uses for those uses in existence in the R-P-C Zones as of the date of approval that do not conform to the current requirements of this Subtitle applicable to such uses, provided that any permits required for such uses were issued prior to the date of approval.
2. (b)
   Land originally classified in the R-P-C Zone after January 1, 1969, is subject to the following amendment guidelines:

   1. (1)
      After January l, 1983, no existing R-P-C Zone shall be enlarged, and no application may be filed requesting reclassification to the R-P-C Zone from some other zone; however, Official Plans (Section 27-178) may be amended. Under certain circumstances, the amendment shall be considered as a reclassification and be subject to the Zoning Map Amendment procedures contained in this Subdivision. Other types of amendments involve a simpler procedure. These differences are as follows:

      1. (A)
         Requests for amendment of an Official Plan (or portion of it), except those amendments addressed in later paragraphs of this Section, shall follow the same procedure as when applying for a Zoning Map Amendment (Sections 27-159 through 27-177, below).
      2. (B)
         Amendments of an Official Plan (or portion of it) shall either follow the procedures for a Map Amendment (Sections 27-159 through 27-177, below) or be accomplished through Council action on a Sectional Map Amendment, except as hereinafter provided.
      3. (C)
         Amendments of an Official Plan (or portion of it) may be approved by the Planning Board when the amendment does not involve a change in any zoning subcategory shown on the adopted Official Plan, and the property was originally reclassified to the R-P-C Zone between January 1, 1969, and October 17, 1989. In this case the applicant shall submit a new Official Plan to the Planning Board for review, and shall pay a fee to the Planning Board to offset the cost of the review. The fee shall be the same as would be applied to a Conceptual Site Plan (Section 27-273(c)). The proposed amended Official Plan shall not increase the density approved by the Official Plan and must be found compatible with the surrounding property including existing land in the R-P-C Zone.
      4. (D)
         The following procedures shall apply to the requests for amendments authorized in subparagraph (C), above:

         1. (i)
            The request shall be in writing.
         2. (ii)
            The request shall be accompanied by the proposed amendment of the Official Plan showing the land area involved, points of ingress and egress, parking layout (if applicable), and all other improvements proposed on the property.
         3. (iii)
            The proposed amendment shall be reviewed by the Technical Staff, which shall make a recommendation to the Planning Board.
         4. (iv)
            The Planning Board shall hold a public hearing on the request, after which it shall take action on the proposed amendment.
         5. (v)
            The Planning Board shall approve, approve with modification, or disapprove the proposed amendment of the Official Plan and shall state its reasons for the action.
         6. (vi)
            The Planning Board's decision shall be embodied in a resolution adopted at a regularly scheduled public meeting, a copy of which shall be sent to all persons of record (in the Official Plan amendment hearing) and the District Council.
         7. (vii)
            The Planning Board's decision may be appealed to the District Council upon petition of any person of record. The petition shall be filed with the Clerk of the Council within thirty (30) days after the date of the notice of the Planning Board's decision. The District Council may vote to review the Planning Board's decision on its own motion within thirty (30) days after the date of the notice.
         8. (viii)
            The Clerk of the Council shall notify the Planning Board of any appeal or review decision. Within seven (7) calendar days after receiving this notice, the Planning Board shall transmit to the District Council a copy of the proposed Official Plan amendment, all written evidence and materials submitted for consideration by the Planning Board, a transcript of the public hearing on the proposed Plan amendment, and any additional information or explanatory material deemed appropriate.
         9. (ix)
            The District Council shall schedule a public hearing on the appeal or review. Testimony at the hearing shall be limited to the facts and information contained within the record made at the hearing before the Planning Board.
         10. (x)
             Within sixty (60) days after the close of the Council's hearing, the Council shall affirm, reverse, or modify the decision of the Planning Board, or return the proposed Official Plan amendment to the Planning Board to take further testimony or reconsider its decision. If the Council fails to act within the specified time, the Planning Board's decision is automatically affirmed.
         11. (xi)
             The Council shall give its decision in writing, stating the reasons for its action. Copies of the decision shall be sent to all persons of record and the Planning Board.

(CB-89-1984; CB-120-1984; CB-33-1985; CB-44-1986; CB-134-1988; CB-146-1989; CB-1-2004)

Effective on: 1/1/1901

1. (a)
   General.

   1. (1)
      An application for a Zoning Map Amendment to the R-P-C Zone shall be filed with the Planning Board by the owner (or authorized representative) of the property. The District Council may suspend the filing of these applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.
   2. (2)
      No application shall be filed requesting the R-P-C Zone and another zone (other than an underlying zoning subcategory).
   3. (3)
      All applications shall be on the forms provided. All information shall be typed, except for signatures.
   4. (4)
      If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated only by a public right-of-way, stream bed, or the like.
2. (b)
   Contents of application form.

   1. (1)
      The following information shall be included on the application:

      1. (A)
         The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
      2. (B)
         The existing and requested zoning classifications of the property (including underlying zoning subcategories);
      3. (C)
         The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
      4. (D)
         The total area of the property (in either acres or square feet);
      5. (E)
         The property's lot and block numbers, subdivision name, and plat book and page number, if any, or a description of its acreage, with reference to liber and folio numbers;
      6. (F)
         The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation; and
      7. (G)
         The name, address, and telephone number of the correspondent.
3. (c)
   Other submission requirements.

   1. (1)
      Along with the application, the applicant shall submit the following:

      1. (A)
         Four (4) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

         1. (i)
            The present configuration of the property, including bearings and distances (in feet);
         2. (ii)
            The names of owners of record, or subdivision lot and block numbers, of adjoining properties;
         3. (iii)
            The name, location, distance to center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
         4. (iv)
            The (subdivision) lot and block numbers of the subject property (if any);
         5. (v)
            A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);
         6. (vi)
            The total area of the property (in either square feet or acres);
         7. (vii)
            The location of all existing buildings on the property;
         8. (viii)
            A Forest Stand Delineation; prepared in conformance with DIVISION 2 of Subtitle 25 and the Woodland and Wildlife Habitat Conservation Technical Manual;
         9. (ix)
            Existing streams and their associated buffers; nontidal wetlands and their associated buffers; slopes greater or equal to fifteen percent (15%); and the one-hundred (100) year floodplain; and
         10. (x)
             The subject property outlined in red.
      2. (B)
         Four (4) copies of the Zoning Map page on which the property is plotted to scale and outlined in red;
      3. (C)
         Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and factual reasons showing why approval of the request will not be detrimental to the public health, safety and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;
      4. (D)
         An overall Tentative Plan of Development showing:

         1. (i)
            Existing and proposed topography;
         2. (ii)
            Proposed street system;
         3. (iii)
            Proposed lot layout;
         4. (iv)
            Proposed reservations for parks, playgrounds, school sites, and other open spaces;
         5. (v)
            Proposed location of any neighborhood business area and off-street parking facilities;
         6. (vi)
            Types of dwellings proposed;
         7. (vii)
            Proposed location of structures;
         8. (viii)
            The percentage of the property proposed for each of the dwelling types, neighborhood retail businesses, other nonresidential uses, parking lots, streets, parks, schools, and other reservations;
         9. (ix)
            Proposed overall density per gross acre;
         10. (x)
             Preliminary plans and elevations of each of the proposed dwelling types; and
         11. (xi)
             Proposed layout of R-P-C Zone subcategories which correspond to the conventional zones which permit the specific type and extent of development and land uses proposed.
      5. (E)
         A statement listing the names, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the subject property;
      6. (F)
         If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;
      7. (G)
         If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);
      8. (H)
         A list containing the names and addresses of all adjoining property owners and the owners of those properties directly across a street, alley, or stream, each municipality in which any part of the property which is the subject of the application is located, and each municipality located within one (1) mile of the subject property, and a set of preaddressed envelopes or mailing labels; and
      9. (I)
         Any other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board (submitted in triplicate).
   2. (2)
      For the purpose of (E), (F), and (G), above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(CB-107-1984; CB-120-1984; CB-33-1985; CB-128-1989; CB-95-1991; CB-107-1992; CB-28-2010; CB-34-2011)

Editor's note(s)—Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Requests to amend an application shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative). The amendment of applications shall be subject to the following:

   1. (1)
      Amendments concerning an error, omission of fact, or other factual change not mentioned below in this Section shall be permitted at any time.
   2. (2)
      Amendments which change the total area or configuration of a property shall be made before the application is transmitted to the Council. If the area is increased, the appropriate additional filing fee shall be paid.
   3. (3)
      Amendments which change the requested zoning classification (involving any other type of zone or the R-P-C Zone) shall be accompanied by a new (revised) justification statement. The amendment shall also be the subject of a new (revised) Technical Staff Report or a statement by the Technical Staff that a new (revised) report is unnecessary. Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted. Where the Technical Staff recommends an amendment, the applicant may request the amendment within fifteen (15) days after the date of the public release of the Technical Staff Report, in which case the request shall be administratively granted. If the Planning Board hears the case, and either the amendment is different than the one recommended by the staff or the fifteen (15) days have lapsed, the amendment request shall be directed to the Planning Board prior to or on the date on which it first hears the application, or within ten (10) days after the date the Planning Board recommends an amendment. The amendment shall not be permitted if more than ten (10) days have elapsed since the date of the Planning Board's recommendation.
   4. (4)
      Notification of any amendments made shall be furnished to any person who has requested (in writing) a copy of the Technical Staff Report.

(CB-120-1984)

Effective on: 1/1/1901

1. (a)
   Any application may be withdrawn. All requests for withdrawal shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative).
2. (b)
   Requests made prior to the date the application is transmitted to the Council shall be directed to the Planning Board.
3. (c)
   Requests made on or after the date the application is transmitted to the Council shall be directed to the Council.
4. (d)
   Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-163 shall not apply.
5. (e)
   Requests received on or after the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-163 shall apply.

Effective on: 1/1/1901

No new Zoning Map Amendment application may be filed on the same land until two (2) years have elapsed after final action (including appellate review) on a previous application. After two (2) applications on the same land have been acted upon, four (4) years shall elapse before another application on the same land may be filed. No land shall be the subject of two (2) applications for Zoning Map Amendment, at the same time.

(CB-120-1984)

Effective on: 1/1/1901

An application for a Map Amendment may be filed or considered at the same time that a Special Exception application on the same land is filed or considered.

(CB-120-1984)

Effective on: 1/1/1901

1. (a)
   Hearing date established.

   1. (1)
      The Zoning Hearing Examiner shall establish the date of the public hearing.
2. (b)
   Request to delay hearing.

   1. (1)
      Should the Planning Board determine that it is in the public interest to delay the hearing date, the Planning Board may request, prior to the submission date (Section 27-166(a)), that the Council approve the delay. The request shall be in writing, with a copy to the Zoning Hearing Examiner. The District Council may approve the request (by administrative action) and notify the Zoning Hearing Examiner to redesignate the hearing to another specified date.
   2. (2)
      The People's Zoning Counsel or any person of record may request the continuance of a hearing under this Section. The Zoning Hearing Examiner shall grant a continuance if a required Technical Staff Report has not been filed at least thirty (30) days before the scheduled hearing. If a continuance is granted for this reason, the Zoning Hearing Examiner may not hear the case until at least thirty (30) days after the Technical Staff Report has been filed.

(CB-123-1986)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Transmittal.

   1. (1)
      At least thirty (30) days prior to the public hearing, the original copy of the application, plans, maps, specifications, Technical Staff Report, and all other data, materials, and record evidence (to date) pertaining to the requested Map Amendment shall be sent by the Planning Board to the District Council.
2. (b)
   Public examination.

   1. (1)
      At least thirty (30) days prior to the public hearing, the original Map Amendment application file shall be available for public examination in the Office of the Zoning Hearing Examiner, and a copy of the file shall be available for public examination in the Office of the Planning Board. This copy may be reviewed by anyone, and copies of its contents may be obtained at a reasonable cost.

Effective on: 1/1/1901

1. (a)
   Referral.

   1. (1)
      When a historic resource included on the Adopted and Approved Historic Sites and Districts Plan (except the White Farm identified as Site Number 7306 on the Plan) is located on the subject property, the application shall be referred to the Historic Preservation Commission, as soon as feasible after filing.
2. (b)
   Recommendation.

   1. (1)
      The Historic Preservation Commission shall submit its comments and recommendations for the record within forty-five (45) days after the date the application was referred to it. Failure of the Historic Preservation Commission to submit a recommendation within this time period shall constitute no objection to the approval of the Map Amendment, as requested.

(CB-120-1984)

Effective on: 1/1/1901

1. (a)
   In connection with each application, a report by the Technical Staff shall be submitted to the Planning Board for its review. The report shall contain the following:

   1. (1)
      The staff's recommendation;
   2. (2)
      A delineation of the approximate area of the neighborhood, which shall be shown on either a Zoning Map, aerial photograph, or sketch map;
   3. (3)
      A description of land use and zoning in the neighborhood; and
   4. (4)
      In cases where the staff recommends a zone different than that requested, an analysis of the alternative zone recommended.
2. (b)
   The technical staff report shall be published on the Planning Board website. Any person may request, in writing, a copy of the technical staff report sent by first class mail. A reasonable fee may be charged to cover the costs of postage and copying. A copy of the report shall be included in the record.
3. (c)
   The technical staff report shall advise the reader that a hearing before the Planning Board will not be held unless the Board notifies all persons listed under Subsection (b), above.
4. (d)
   The technical staff report shall contain the date of the Planning Board meeting during which the Board will decide whether to hear the case.

(CB-120-1984; CB-97-2015)

Effective on: 1/1/1901

1. (a)
   The Planning Board shall decide whether it will hold a hearing on each case (after receiving the Technical Staff Report).
2. (b)
   If the Board does not decide to hear a case within fifteen (15) days after the Technical Staff Report has been publicly released (or at its first meeting after the release if none had occurred within the fifteen (15) days), the Technical Staff's recommendation shall constitute the Planning Board's recommendation. In this event, the report shall immediately be transmitted to the District Council, together with the application and all other record material.
3. (c)
   If the Board decides to hear the case, it shall set a hearing date which shall be at least thirty (30) days after deciding to hear the case. The Board shall notify (in writing) all persons of record, and all other persons who requested (in writing) a copy of the Technical Staff Report, of the hearing date.
4. (d)
   Prior to or at the Planning Board's hearing, the applicant and any other person may submit written responses to the Technical Staff Report, together with any supporting material. If it is not foldable, the material shall be no larger than eighteen (18) inches by twenty-four (24) inches. The responses shall become a part of the record that will be forwarded to the District Council.
5. (e)
   The following procedures shall be observed by the Planning Board:

   1. (1)
      No one shall present evidence after the hearing is concluded, unless a rehearing is ordered.
   2. (2)
      All hearings shall be open to the public.
   3. (3)
      The Planning Board shall make its recommendation only on the basis of the record before it.
   4. (4)
      Any action shall be by a resolution adopted at a regularly scheduled public meeting.
   5. (5)
      The resolution shall be transmitted to the District Council, together with the original application and of all other record material pertaining to the Zoning Map Amendment application.
   6. (6)
      Copies of the minutes of the Planning Board hearing shall be available for public inspection. The minutes may be copied by anyone during normal working hours.

Effective on: 1/1/1901

1. (a)
   If it reviews the Map Amendment request, the Planning Board shall consider the following and how they will contribute to the orderly and harmonious development of the area, with attention paid to the character of the neighborhood and its particular suitability for the proposed uses:

   1. (1)
      The General Plan;
   2. (2)
      The location, arrangement, and size of lots, parks, school sites, and open space;
   3. (3)
      The location and width of streets;
   4. (4)
      The location and arrangement of parking spaces;
   5. (5)
      The location, arrangement, and height of buildings;
   6. (6)
      The location, arrangement, and design of neighborhood business areas;
   7. (7)
      The gross densities proposed for the project; and
   8. (8)
      Other features.

Effective on: 1/1/1901

The Planning Board may approve the Plan, as submitted, or may require the applicant to amend the Plan before the Board approves it.

(CB-120-1984)

Effective on: 1/1/1901

Upon approval of a Tentative Plan of Development, the Planning Board shall transmit the Plan (together with the application for Zoning Map Amendment) to the Clerk of the Council.

(CB-120-1984)

Effective on: 1/1/1901

Where the Zoning Hearing Examiner is authorized to conduct a public hearing, he shall do so in accordance with PART 3, Division 1, Subdivision 2, of this Subtitle.

(CB-120-1984)

Effective on: 1/1/1901

Whenever the District Council conducts a public hearing (including an oral argument), it shall do so in accordance with PART 3, Division 1, Subdivision 3, of this Subtitle.

(CB-120-1984)

Effective on: 1/1/1901

1. (a)
   Change/Mistake rule.

   1. (1)
      No application shall be granted without the applicant proving that either:

      1. (A)
         There has been a substantial change in the character of the neighborhood; or
      2. (B)
         Either:

         1. (i)
            There was a mistake in the original zoning for property which has never been the subject of an adopted Sectional Map Amendment; or
         2. (ii)
            There was a mistake in the current Sectional Map Amendment.
2. (b)
   Required considerations by District Council.

   1. (1)
      In its review of the Map Amendment request, the District Council shall consider the same elements which the Planning Board must consider if it hears the case (Section 27-171).
   2. (2)
      The Council shall also find that:

      1. (A)
         The area will be large enough to permit the development of a complete community or neighborhood, which has a range of dwelling types; local shopping facilities and off-street parking lots; parks and playgrounds; educational facilities (if necessary); and business and industry to provide local employment opportunities in harmony with the General Plan; and
      2. (B)
         The area will be adaptable to complete community development, because: it is bounded by major thoroughfares, streets, railroads, or other external barriers; and (as far as possible) will not have any major thoroughfare or other physical feature running through it which will destroy the community cohesiveness.
3. (c)
   Conditional approval.

   1. (1)
      When it approves the Zoning Map Amendment, the District Council may impose reasonable requirements and safeguards (in the form of conditions) which it finds are necessary to either:

      1. (A)
         Protect surrounding properties from adverse effects which might accrue from the Zoning Map Amendment; or
      2. (B)
         Further enhance the coordinated, harmonious, and systematic development of the Regional District.
   2. (2)
      In no case shall these conditions waive or lessen the requirements of, or prohibit uses allowed in, the approved zoning subcategories of the R-P-C Zone.
   3. (3)
      All building plans shall list the conditions and shall show how the proposed development complies with them.
   4. (4)
      Conditions imposed by the District Council shall become a permanent part of the Zoning Map Amendment, and shall be binding for as long as the R-P-C Zone remains in effect on the property (unless amended by the Council).
   5. (5)
      If conditions are imposed, the applicant shall have ninety (90) days from the date of approval to accept or reject the rezoning as conditionally approved. He shall advise (in writing) the Council, accordingly. If the applicant accepts the conditions, the Council shall enter an order acknowledging the acceptance and approving the Map Amendment, at which time the Council's action shall be final. Failure to advise the Council shall be considered a rejection of the conditions. Rejection shall void the Map Amendment and revert the property to its prior zoning classification. The Council shall enter an order acknowledging the rejection, voiding its previous decision, and reverting the property to its prior zoning classification, at which time the Council's action shall be final.
   6. (6)
      All Zoning Map Amendments which are approved subject to conditions shall be shown on the Zoning Map with the letter "C" after the application number.
4. (d)
   Noncompliance with conditions.

   1. (1)
      All conditions imposed shall be mandatory. The failure to comply with any conditions shall constitute a zoning violation and shall be grounds for the Council to:

      1. (A)
         Annul the Map Amendment;
      2. (B)
         Revoke a use and occupancy permit;
      3. (C)
         Institute appropriate civil or criminal proceedings; or
      4. (D)
         Institute any other action necessary to obtain compliance.
   2. (2)
      Before the District Council annuls an approved conditional Zoning Map Amendment, the Zoning Hearing Examiner shall hold a public hearing, in accordance with Section 27-129, and transmit a written recommendation on the matter. The following procedures shall be followed:

      1. (A)
         A petition shall be filed with the Clerk of the Council by the Director of the Department of Permitting, Inspections, and Enforcement (or his designee) requesting the Council to annul the Zoning Map Amendment. The petition shall state the reasons for the request. At the same time, a copy of the petition shall be sent to the Planning Board.
      2. (B)
         The Planning Board shall submit a written recommendation on the petition to the Council.
      3. (C)
         After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
      4. (D)
         Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
      5. (E)
         Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
5. (e)
   Approval of a zone different from that requested.

   1. (1)
      The District Council may approve a less intense zone than the R-P-C Zone for any part of the property involved in the application.
   2. (2)
      If the subject property is located within the boundaries of a municipality, a less intense zone may only be approved if there was testimony on the less intense zone before the Zoning Hearing Examiner, and an opportunity given for the municipality to make a recommendation. If there was no such testimony or opportunity, the application shall be remanded to the Zoning Hearing Examiner for this purpose (Section 27-133). Upon remand, the Hearing Examiner shall notify all persons of record and any municipality in which the property is located. The Hearing Examiner shall conduct further hearings if the case warrants.
6. (f)
   Effect on Special Exceptions.

   1. (1)
      When any land upon which a Special Exception has been approved is reclassified to an R-P-C Zone subcategory different from that zone or subcategory in which it was classified at the time the Special Exception was approved, the following shall apply:

      1. (A)
         If, at the time of the rezoning the approved use requires approval of a Special Exception in the new subcategory, and the specific Special Exception requirements governing the use are the same in both instances, the Special Exception, as approved, shall remain in full force and effect (unless modified on the Tentative Plan of Development).
      2. (B)
         If, at the time of the rezoning, the approved use is not permitted in the new subcategory, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this paragraph shall be subject to PART 4, Division 1, Subdivisions 10, 11, and 12.
      3. (C)
         If, at the time of the rezoning, the approved use is not permitted in the new subcategory, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the new subcategory shall apply to the use and development of the property.
      4. (D)
         If, at the time of the rezoning, the approved use is permitted in the new subcategory without the approval of a Special Exception, the Special Exception shall terminate, and all provisions of the new subcategory shall apply to further use and development of the property.

(CB-120-1984; CB-50-1984; CB-33-1985; CB-56-1993; CB-55-1997; CB-1-2004; CB-67-2005; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   If the proposed amendment and the Tentative Plan of Development are approved by the District Council, the owner shall submit the approved Tentative Plan (known as the Final Plan) to the Planning Board. No development may occur unless the Planning Board has adopted the Final Plan.
2. (b)
   The Final Plan, after adoption by the Planning Board, shall be deemed the Official Plan. The Official Plan shall be signed by the Commission's Chairman and Secretary-Treasurer, and by the property owner. By signing the plan, the owner certifies to the District Council his willingness to abide by the conditions and terms of the Official Plan. The Planning Board shall file with the District Council a certified copy of the Official Plan.

Effective on: 1/1/1901

Grading, building, and use and occupancy permits shall be issued only in accordance with the approved Official Plan, and all development and use shall be as shown on the plan. Any departure from the plan shall be cause for revocation of a building permit or denial of a use and occupancy permit, unless the plan is amended in accordance with the procedures set forth in Section 27-158.

(CB-134-1988)

Effective on: 1/1/1901

An Official Plan may be amended in accordance with Section 27-158.

Effective on: 1/1/1901

1. (a)
   General.

   1. (1)
      An application for a Zoning Map Amendment to a Comprehensive Design Zone shall be filed with the Planning Board by the owner (or his authorized representative) of the property. The Planning Board may also accept an application for a Comprehensive Design Zone when either:

      1. (A)
         A single private owner (or authorized agent) applies for a Comprehensive Design Zone for several adjacent properties, with the written consent of all property owners involved, and evidence of the consent is filed with the application; or
      2. (B)
         A public planning or development agency, or Prince George's County, Maryland, applies for a Comprehensive Design Zone with the written consent of the owners of all properties involved, and evidence of the consent is filed with the application.
   2. (2)
      The District Council may suspend the filing of applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.
   3. (3)
      No application shall be filed requesting more than one (1) zone.
   4. (4)
      All applications shall be on forms provided. All information shall be typed, except for signatures.
   5. (5)
      If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.
   6. (6)
      The reclassification, through a Zoning Map Amendment, of property located partially or completely within the Safety Zones of the Military Installation Overlay Zone to a Comprehensive Design Zone is prohibited.
2. (b)
   Contents of application form.

   1. (1)
      The following information shall be included on the application:

      1. (A)
         The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
      2. (B)
         The existing and requested zoning classifications of the property;
      3. (C)
         The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
      4. (D)
         The total area of the property (in either acres or square feet);
      5. (E)
         The property's lot and block numbers, subdivision name, and plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;
      6. (F)
         The name, address, and signature of each owner of record of the property, except as provided for in Subsection (a), above. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation; and
      7. (G)
         The name, address, and telephone number of the correspondent.
3. (c)
   Other submission requirements.

   1. (1)
      Along with the application, the applicant shall submit the following:

      1. (A)
         Four (4) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

         1. (i)
            The present configuration of the property, including bearings and distances (in feet);
         2. (ii)
            The names of owners of record, or subdivision lot and block numbers, of adjoining properties;
         3. (iii)
            The name, location, distance to the center line, and present right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
         4. (iv)
            The (subdivision) lot and block number of the subject property (if any);
         5. (v)
            A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);
         6. (vi)
            The total area of the property (in either square feet or acres);
         7. (vii)
            The location of all existing buildings on the property;
         8. (viii)
            The subject property outlined in red; and
         9. (ix)
            If a designated Historic Site is located within the subject property, the boundaries of the established environmental setting shall be identified.
      2. (B)
         Four (4) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red;
      3. (C)
         Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and factual reasons showing why approval of the request will not be detrimental to the public health, safety and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;
      4. (D)
         A reproducible copy of a Basic Plan. The Basic Plan shall include the following, presented in a general, schematic manner:

         1. (i)
            Existing streams and their associated buffers; nontidal wetlands and their associated buffers; slopes greater or equal to fifteen percent (15%); and the one-hundred (100) year floodplain;
         2. (ii)
            The general types of land uses proposed (such as residential, commercial-retail, commercial-office, institutional, and industrial), the delineation of general development envelopes, and in the Village Zones, designation of the required land use areas;
         3. (iii)
            The range of dwelling unit densities and commercial or industrial intensities proposed;
         4. (iv)
            General vehicular and pedestrian circulation pattern and general location of major access points;
         5. (v)
            Areas not proposed to be developed with residential, commercial, institutional, or industrial uses;
         6. (vi)
            The relationship of the proposed development on the subject property to existing and planned development on surrounding properties; and
         7. (vii)
            A forest stand delineation prepared in conformance with Division 2 of Subtitle 25 and the Woodland and Wildlife Habitat Conservation Technical Manual.
      5. (E)
         ¹Where the application requests the M-A-C, L-A-C, V-L, V-M, or E-I-A Zone, or is for rezoning of one hundred (100) or more acres to the R-L, R-S, R-M, or R-U Zone, the applicant shall submit an estimated construction schedule setting forth the following:

         1. (i)
            The proposed construction expected to occur within the first six (6) years after the Map Amendment is approved. Supporting evidence shall also be submitted which shows that the proposed construction will not exceed the capacity of existing public facilities, and public facilities scheduled for construction within the six (6) year period, to reasonably accommodate the development;
         2. (ii)
            The estimated construction which is proposed to occur beyond the first six (6) years. Supporting evidence shall be submitted which shows what additional public facilities (not scheduled for construction within the first six (6) years) will be necessary for the ultimate development of the project. The applicant shall evaluate the public facilities shown on the Adopted and Approved Master Plan or any Functional Master Plan for the area, for the full development of the area as recommended by the Plans, and shall take into consideration any known changes that have taken place in development since the Plans were approved. The applicant shall also consider the probability of public facilities being available within the first twenty (20) years after the requested zoning is approved, or the estimated completion date if less than twenty (20) years;
      6. (F)
         ¹An economic analysis justifying any proposed retail sales area, except in the case of an application for the M-A-C Zone;
      7. (G)
         A statement listing the names, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the subject property;
      8. (H)
         If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;
      9. (I)
         If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);
      10. (J)
          A list containing the names and addresses of all adjoining property owners and the owners of those properties directly across a street, alley, or stream, and each municipality if any part of the property in the application is located within the municipal boundaries, or is located within one (1) mile of the municipality, and a set of preaddressed envelopes or mailing labels.
      11. (K)
          Any other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or Planning Board (submitted in triplicate).
   2. (2)
      For the purposes of (G), (H), and (I), above, the term "owner" shall include not only the owner of record, but also any contract purchaser.
   3. (3)
      If the applicant elects to submit a Comprehensive Design Plan or Specific Design Plan for concurrent consideration with the Basic Plan, the Plans shall be submitted in accordance with PART 8, Division 4.

(CB-120-1984; CB-107-1984; CB-33-1985; CB-75-1989; CB-120-1989; CB-128-1989; CB-84-1990; CB-53-1991; CB-71-1991; CB-95-1991; CB-47-1996; CB-28-2010; CB-34-2011; CB-42-2015)

Footnote 1: Does not apply to Comprehensive Design Zone applications filed before October 31, 1978. Prior to this date, an economic analysis, justifying any proposed retail sales areas for local, neighborhood, convenience, or community commercial centers, needed to be submitted.

Editor's note(s)—Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Requests to amend an application shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative). The amendment of applications shall be subject to the following:

   1. (1)
      Amendments concerning an error, omission of fact, or other factual change not mentioned below in this Section shall be permitted at any time.
   2. (2)
      Amendments which change the total area or configuration of a property shall be made before the application is transmitted to the Council. If the area is increased, the appropriate additional filing fee shall be paid.
   3. (3)
      Amendments which change the requested zoning classification shall be accompanied by a new (revised) justification statement. The amendment shall also be the subject of a new (revised) Technical Staff Report or a statement by the Technical Staff that a new (revised) report is unnecessary. Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted. Where the Technical Staff recommends an amendment, the applicant may request the amendment within fifteen (15) days after the date of the public release of the Technical Staff Report, in which case the request shall be administratively granted. If either the amendment is different than the one recommended by the staff or the fifteen (15) days have lapsed, the request shall be directed to the Planning Board prior to or on the date on which it first hears the application, or within ten (10) days after the date the Planning Board recommends the amendment. The amendment shall not be permitted if more than ten (10) days have elapsed since the date of the Planning Board's recommendation.
   4. (4)
      Notification of any amendments made shall be furnished to all persons who have requested (in writing) a copy of the Technical Staff Report and all persons of record not less than fourteen (14) days prior to the District Council hearing.

(CB-120-1984; CB-18-1990)

Effective on: 1/1/1901

1. (a)
   Any application may be withdrawn. All requests for withdrawal shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative).
2. (b)
   Requests made prior to the date the application is transmitted to the Council shall be directed to the Planning Board.
3. (c)
   Requests made on or after the date the application is transmitted to the Council shall be directed to the Council.
4. (d)
   Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-183 shall not apply.
5. (e)
   Requests received on or after the date of the public release of the Technical Staff Report shall be administratively granted and the provisions of Section 27-183 shall apply.

(CB-120-1984)

Effective on: 1/1/1901

No new Zoning Map Amendment application may be filed on the same land until two (2) years have elapsed after final action (including appellate review) on a previous application. After two (2) applications on the same land have been acted upon, four (4) years must elapse before another application on the same land may be filed. No land shall be the subject of two (2) applications for Zoning Map Amendment at the same time.

(CB-120-1984)

Effective on: 1/1/1901

An application for a Map Amendment may be filed or considered at the same time that a Special Exception application on the same land is filed or considered.

(CB-120-1984)

Effective on: 1/1/1901

1. (a)
   Hearing date established.

   1. (1)
      The Zoning Hearing Examiner shall establish the date of the public hearing.
2. (b)
   Request to delay hearing.

   1. (1)
      Should the Planning Board determine that it is in the public interest to delay the hearing date, the Planning Board may request, prior to the submission date (Section 27-186(a)), that the Council approve the delay. The request shall be in writing, with a copy to the Zoning Hearing Examiner. The District Council may approve the request (by administrative action) and notify the Zoning Hearing Examiner to redesignate the hearing to another specified date.
   2. (2)
      The People's Zoning Counsel or any person of record may request the continuance of a hearing under this Section. The Zoning Hearing Examiner shall grant a continuance if a required Technical Staff Report has not been filed at least thirty (30) days before the scheduled hearing. If a continuance is granted for this reason, the Zoning Hearing Examiner may not hear the case until at least thirty (30) days after the Technical Staff Report has been filed.

(CB-123-1986)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Transmittal.

   1. (1)
      At least thirty (30) days prior to the public hearing, the original copy of the application, plans, maps, specifications, Technical Staff Report, and all other data, materials, and record evidence (to date) pertaining to the requested Map Amendment, shall be sent by the Planning Board to the District Council.
2. (b)
   Public examination.

   1. (1)
      At least thirty (30) days prior to the public hearing, the original Map Amendment application file shall be available for public examination in the Office of the Zoning Hearing Examiner, and a copy of the file shall be available for public examination in the Office of the Planning Board. This copy may be reviewed by anyone, and copies of its contents may be obtained at a reasonable cost.

Effective on: 1/1/1901

1. (a)
   Referral.

   1. (1)
      When a historic resource included on the Adopted and Approved Historic Sites and Districts Plan (except the White Farm identified as Site Number 7306 on the Plan) is located on the subject property, the application shall be referred to the Historic Preservation Commission, as soon as feasible after filing.
2. (b)
   Recommendation.

   1. (1)
      The Historic Preservation Commission shall submit its comments and recommendations for the record within forty-five (45) days after the date the application was referred to it. Failure of the Historic Preservation Commission to submit a recommendation within this time period shall constitute no objection to the approval of the Map Amendment, as requested.

Effective on: 1/1/1901

1. (a)
   In connection with each application, a report by the Technical Staff shall be submitted to the Planning Board for its review. The report shall contain the following:

   1. (1)
      The staff's recommendation;
   2. (2)
      A delineation of the approximate area of the neighborhood, which shall be shown on either a Zoning Map, aerial photograph, or sketch map;
   3. (3)
      A description of land use and zoning in the neighborhood; and
   4. (4)
      In cases where the staff recommends a zone different than that requested, an analysis of the alternative zone recommended.
2. (b)
   The technical staff report shall be published on the Planning Board website. Any person may request a copy of the technical staff report sent by first class mail. A reasonable fee may be charged to cover the costs of postage and copying. A copy of the report shall be included in the record.
3. (c)
   The technical staff report shall contain the date of the Planning Board hearing.
4. (d)
   The report shall be written only after the responses from public agencies and municipalities, if any (Section 27-190), have been received.

(CB-97-2015)

Effective on: 1/1/1901

1. (a)
   Prior to the preparation of the Technical Staff Report, the Staff shall transmit copies of the proposal to all public agencies and municipalities with operational or planning responsibility over the subject property, with a request to review the application and advise the Planning Board (within sixty (60) days) of:

   1. (1)
      The estimated public service needs generated by the proposal; and
   2. (2)
      The estimated public facilities needed (including the capital cost) to serve the subject property and its environs.
2. (b)
   If an application is proposed to be amended, copies of the revised proposals shall be transmitted to the same public agencies and municipalities, as in the case of the original, unless the Planning Board finds that the transmittal is unnecessary.

(CB-84-1990; CB-47-1996)

Effective on: 1/1/1901

1. (a)
   Each application requesting a Comprehensive Design Zone shall be reviewed by the Planning Board, who shall also make a recommendation on the case.
2. (b)
   The Planning Board hearing date shall be at least thirty (30) days after the Technical Staff Report is published. The Board shall notify (in writing) all persons of record, and all other persons who requested (in writing) a copy of the Technical Staff Report, of the hearing date.
3. (c)
   Prior to or at the Planning Board's hearing, the applicant and any other person may submit written responses to the Technical Staff Report, together with any supporting material. If it is not foldable, the material shall be not larger than eighteen (18) inches by twenty-four (24) inches. The responses and attachments shall become a part of the record that will be forwarded to the District Council.
4. (d)
   The following procedures shall be observed by the Planning Board:

   1. (1)
      No one shall present evidence after the hearing is concluded, unless a rehearing is ordered.
   2. (2)
      All hearings shall be open to the public.
   3. (3)
      The Planning Board shall make its recommendation only on the basis of the record before it.
   4. (4)
      Any action shall be by a resolution adopted at a regularly scheduled public meeting.
   5. (5)
      The resolution shall be transmitted to the District Council, together with the original application and the all other record material pertaining to the Zoning Map Amendment application.
   6. (6)
      Copies of the minutes of the Planning Board meeting shall be available for public inspection. The minutes may be copied by anyone during normal working hours.

(CB-120-1984)

Effective on: 1/1/1901

1. (a)
   After the hearing is concluded, the Planning Board shall prepare a written recommendation. The recommendation shall be in the form of a resolution adopted at a regularly scheduled public meeting.
2. (b)
   The Planning Board shall send copies of the resolution to the District Council and all persons of record.
3. (c)
   The Planning Board may recommend to the District Council that the application (including the Basic Plan) be approved, approved with modification or conditions, or denied. A recommendation for approval shall address the land use types, land use relationships, and maximum and minimum land use quantities, as well as the base density. The Planning Board may also recommend that certain planning or development matters (known as "considerations") be considered at the time the Comprehensive and Specific Design Plans are reviewed. In making its recommendation, the Planning Board shall find that the applicant has demonstrated that the entire development, and any proposed stage thereof, meets all of the criteria for District Council approval of the application (Section 27-195).
4. (d)
   The finding by the Planning Board of adequate public facilities at this time shall not prevent the Planning Board from later changing this finding during its review of Comprehensive Design Plans, Specific Design Plans, or subdivision plats. The Planning Board shall, at each phase of Plan or subdivision review, find that the staging of development will not be an unreasonable burden on available public facilities or violate the planning and development considerations set forth by the Council in the approval of the Basic Plan.

(CB-84-1990; CB-30-1996; CB-47-1996)

Editor's note(s)—CB-122-1986 provided that these requirements (Subsection (c) and, with regard to public facilities, (d)) only apply to Comprehensive Design Zone applications filed after October 31, 1978.

Effective on: 1/1/1901

Where the Zoning Hearing Examiner is authorized to conduct a public hearing, he shall do so in accordance with PART 3, Division 1, Subdivision 2, of this Subtitle.

Effective on: 1/1/1901

Whenever the District Council conducts a public hearing, it shall do so in accordance with PART 3, Division 1, Subdivision 3, of this Subtitle.

Effective on: 1/1/1901

1. (a)
   In general.

   1. (1)
      The District Council may approve or deny the application (including the Basic Plan). Approval shall be an approval of the general land use types; range of dwelling unit densities, including the base, minimum, and maximum densities; and commercial/industrial intensities, general circulation pattern, general location of major access points and land use relationships shown on the Basic Plan. Whenever an applicant designates a limitation of uses within an application, the District Council may approve specific land use types and their general locations within the development, in accordance with the applicant's designation, as part of its approval of the Basic Plan, in order to ensure overall compatibility of land use types within the proposed development and with surrounding land uses. Such an approval by the District Council shall become a part of the approved Basic Plan. The District Council may also specify certain planning and development matters (known as "considerations") for the Planning Board and Technical Staff to consider in later Comprehensive Design Plan, Specific Design Plan, or subdivision plat review. The specifics of the considerations shall be followed, unless there is a clear showing that the requirement is unreasonable under the circumstances.
   2. (2)
      The finding by the Council of adequate public facilities shall not prevent the Planning Board from changing or modifying this finding during its review of Comprehensive Design Plans, Specific Design Plans, or subdivision plats. The Planning Board shall, at each phase of plan or subdivision review, find that the staging of development will not be an unreasonable burden on available public facilities or violate the planning and development considerations set forth by the District Council in the approval of the Basic Plan.
   3. (3)
      Where the property proposed for the Zoning Map Amendment is located within the Resource Conservation Overlay Zone, no Comprehensive Design Zone shall be granted for the subject property.
   4. (4)
      In the approval of a Basic Plan in the V-M and V-L Zones, the District Council shall find that a variety of types of dwelling units shall be constructed at each stage of development, and that the storefront, civic, and recreational uses are staged to coincide with the initial stages of development.
2. (b)
   Criteria for approval.

   1. (1)
      Prior to the approval of the application and the Basic Plan, the applicant shall demonstrate, to the satisfaction of the District Council, that the entire development meets the following criteria:

      1. (A)
         The proposed Basic Plan shall either conform to:

         1. (i)
            The specific recommendation of a General Map plan, Area Master Plan map, or urban renewal plan map; or the principles and guidelines of the plan text which address the design and physical development of the property, the public facilities necessary to serve the proposed development, and the impact which the development may have on the environment and surrounding properties;
         2. (ii)
            The principles and guidelines described in the Plan (including the text) with respect to land use, the number of dwelling units, intensity of nonresidential buildings, and the location of land uses; or
         3. (iii)
            The regulations applicable to land zoned R-S and developed with uses permitted in the E-I-A Zone as authorized pursuant to Section 27-515(b) of this Code.
      2. (B)
         The economic analysis submitted for a proposed retail commercial area adequately justifies an area of the size and scope shown on the Basic Plan;
      3. (C)
         Transportation facilities (including streets and public transit) (i) which are existing, (ii) which are under construction, or (iii) for which one hundred percent (100%) of the construction funds are allocated within the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, or will be provided by the applicant, will be adequate to carry the anticipated traffic generated by the development based on the maximum proposed density. The uses proposed will not generate traffic which would lower the level of service anticipated by the land use and circulation systems shown on the approved General or Area Master Plans, or urban renewal plans;
      4. (D)
         Other existing or planned private and public facilities which are existing, under construction, or for which construction funds are contained in the first six (6) years of the adopted County Capital Improvement Program (such as schools, recreation areas, water and sewerage systems, libraries, and fire stations) will be adequate for the uses proposed;
      5. (E)
         Environmental relationships reflect compatibility between the proposed general land use types, or if identified, the specific land use types, and surrounding land uses, so as to promote the health, safety, and welfare of the present and future inhabitants of the Regional District.
   2. (2)
      Notwithstanding subparagraphs (C) and (D), above, where the application anticipates a construction schedule of more than six (6) years (Section 27-179), public facilities (existing or scheduled for construction within the first six (6) years) will be adequate to serve the development proposed to occur within the first six (6) years. The Council shall also find that public facilities probably will be adequately supplied for the remainder of the project. In considering the probability of future public facilities construction, the Council may consider such things as existing plans for construction, budgetary constraints on providing public facilities, the public interest and public need for the particular development, the relationship of the development to public transportation, or any other matter that indicates that public or private funds will likely be expended for the necessary facilities.
   3. (3)
      In the case of an L-A-C Zone, the applicant shall demonstrate to the satisfaction of the District Council that any commercial development proposed to serve a specific community, village, or neighborhood is either:

      1. (A)
         Consistent with the General Plan, an Area Master Plan, or a public urban renewal plan; or
      2. (B)
         No larger than needed to serve existing and proposed residential development within the community, village, or neighborhood.
   4. (4)
      In the case of a V-M or V-L Zone, the applicant shall demonstrate to the satisfaction of the District Council that the commercial development proposed to serve the village is no larger than needed to serve existing and proposed residential development within and immediately surrounding the village, within the parameters of Section 27-514.03(d)(1)(A).
3. (c)
   Conditional approval.

   1. (1)
      When it approves the Zoning Map Amendment, the District Council may impose reasonable requirements and safeguards (in the form of conditions) which it finds are necessary to either:

      1. (A)
         Protect surrounding properties from the adverse effects which might accrue from the Zoning Map Amendment; or
      2. (B)
         Further enhance the coordinated, harmonious, and systematic development of the Regional District.
   2. (2)
      In no case shall these conditions waive or lessen the requirements of, or prohibit uses allowed in, the approved zone, except as provided in subparagraph (a)(1), above.
   3. (3)
      All building plans shall list the conditions and shall show how the proposed development complies with them.
   4. (4)
      Conditions imposed by the District Council shall become a permanent part of the Zoning Map Amendment, and shall be binding for as long as the approved zone remains in effect on the property (unless amended by the Council).
   5. (5)
      If conditions are imposed, the applicant shall have ninety (90) days from the date of approval to accept or reject the rezoning as conditionally approved. He shall advise (in writing) the Council, accordingly. If the applicant accepts the conditions, the Council shall enter an order acknowledging the acceptance, and approving the Map Amendment, at which time the Council's action shall be final. Failure to advise the Council shall be considered a rejection of the conditions. Rejection shall void the Map Amendment and revert the property to its prior zoning classification. The Council shall enter an order acknowledging the rejection, voiding its previous decision, and reverting the property to its prior zoning classification, at which time the Council's action shall be final.
   6. (6)
      All Zoning Map Amendments which are approved subject to conditions, shall be shown on the Zoning Map with the letter "C" after the application number.
4. (d)
   Noncompliance with conditions.

   1. (1)
      All conditions imposed shall be mandatory. The failure to comply with any condition shall constitute a zoning violation and shall be grounds for the Council to:

      1. (A)
         Annul the Map Amendment;
      2. (B)
         Revoke a use and occupancy permit;
      3. (C)
         Institute appropriate civil or criminal proceedings; or
      4. (D)
         Institute any other action necessary to obtain compliance.
   2. (2)
      Before the District Council annuls an approved conditional Zoning Map Amendment, the Zoning Hearing Examiner shall hold a public hearing, in accordance with Section 27-129, and transmit a written recommendation on the matter. The following procedures shall be followed:

      1. (A)
         A petition shall be filed with the Clerk of the Council by the Director of the Department of Permitting, Inspections, and Enforcement (or his designee) requesting the Council to annul the Zoning Map Amendment. The petition shall state the reasons for the request. At the same time, a copy of the petition shall be sent to the Planning Board.
      2. (B)
         The Planning Board shall submit a written recommendation on the petition to the District Council.
      3. (C)
         After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
      4. (D)
         Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
      5. (E)
         Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
5. (e)
   Approval of a zone different from that requested.

   1. (1)
      The District Council may approve a less intense zone than that requested by the applicant for any part of the property involved in the application.
   2. (2)
      If the subject property is located within the boundaries of a municipality, a less intense zone may only be approved if there was testimony on the less intense zone before the Zoning Hearing Examiner, and an opportunity given for the municipality to make a recommendation. If there was no such testimony or opportunity, the application shall be remanded to the Zoning Hearing Examiner for this purpose (Section 27-133). Upon remand, the Hearing Examiner shall notify all persons of record and any municipality in which the property is located. The Hearing Examiner shall conduct such further hearings if the case warrants.
6. (f)
   Effect on Special Exceptions.

   1. (1)
      When any land upon which a Special Exception has been approved is reclassified to a zoning category different from that in which it was classified at the time the Special Exception was approved, the following shall apply:

      1. (A)
         If, at the time of the rezoning, the approved use requires the approval of a Special Exception in the new zone, and all specific Special Exception requirements governing the use are the same in both zones, the Special Exception, as approved, shall remain in full force and effect.
      2. (B)
         If, at the time of the rezoning, the approved use is not permitted in the new zoning category, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this subparagraph shall be subject to PART 4, Division 1, Subdivisions 10, 11, and 12.
      3. (C)
         If, at the time of the rezoning, the approved use is not permitted in the new zoning category, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
      4. (D)
         If, at the time of the rezoning, the approved use is permitted in the new zone without the approval of a Special Exception, the Special Exception shall not terminate, and the provisions of PART 4, Division 1, Subdivisions 10, 11, and 12 shall remain in effect. However, when a Specific Design Plan for the Comprehensive Design Zone is approved by the Planning Board for the subject property, the special exception shall terminate and all provisions of the new zone shall apply to further use and development of the property.

(CB-50-1984; CB-33-1985; CB-122-1986; CB-72-1987; CB-18-1990; CB-36-1990; CB-84-1990; CB-53-1991; CB-10-1992; CB-56-1993; CB-30-1996; CB-47-1996; CB-1-2004; CB-29-2014; CB-22-2020)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   (1) If an amendment of an approved Basic Plan involves a change in land area or an increase in land use density or intensity for the overall area included in the approved Basic Plan, the Plan shall be amended only in accordance with all the provisions of this Subdivision which apply to the initial approval of the Basic Plan by Zoning Map Amendment application, except as provided in this Section.

   2. (2)
      If an amendment to a Basic Plan involves adding new land to the Basic Plan and there is no increase in the number of dwelling units from that previously approved, any determinations or conditions of the approved Basic Plan regarding adequate public facilities or Moderately Priced Dwelling Units shall not be subject to another review.
   3. (3)
      If an amendment to a Basic Plan involves adding new land to the Basic Plan and there is no increase in the number of dwelling units from that previously approved, part or all of the previously approved number of dwelling units may be placed on the new land, if the density on the new land is no greater than that shown on the approved Basic Plan, without being limited by the base or maximum densities for the zone.
   4. (4)
      Until December 31, 2002, the Planning Director may approve administratively, as a minor amendment, an amendment to an approved Basic Plan for property zoned M-A-C which:

      1. (A)
         Adds abutting property to the land covered by the Basic Plan, but does not increase total land area by more than five percent (5%) or five (5) acres, whichever is less, or changes the designated use from Office to Hotel;
      2. (B)
         Creates a more logical and orderly configuration of the land area in the approved Basic Plan; and
      3. (C)
         Does not increase the number of dwelling units or the square footage shown on the approved Basic Plan.
   5. (5)
      Until June 30, 2003, the Planning Director may approve administratively, as a minor amendment, an amendment to an approved Basic Plan for property zoned R-L or R-S which:

      1. (A)
         Deletes property from the land covered by the Basic Plan, by condemnation or threat of condemnation, but does not decrease total land area by more than twenty-five percent (25%) or sixty acres, whichever is greater.
      2. (B)
         Creates a more logical and orderly configuration of the land area in the approved Basic Plan; and
      3. (C)
         Does not increase the number of dwelling units or the square footage shown on the approved Basic Plan.
   6. (6)
      If the Planning Director approves a minor amendment to an approved Basic Plan under Subsection (a)(4) or (a)(5), the owner shall submit, and the Planning Director may approve, amendments to approved Comprehensive Design Plans and Specific Design Plans, to bring them into conformance with the approved Basic Plan amendment. All existing conditions shall apply to the new Basic Plan area, excluding the deleted land area described in Subsection (a)(5).
   7. (7)
      An amendment to a Basic Plan for a Golf Course Conference/Hotel Complex may be approved by the Planning Board in accordance with Sections 27-525, 27-526, 27-527.01 and the site shall be posted with a sign or signs at least fifteen (15) days prior to the hearing. A final action by the Planning Board may be appealed within thirty (30) days after the action is taken by any party of record who is aggrieved by the action to the Circuit Court pursuant to the Maryland Rules of Procedure governing appeals of administrative decisions. A minor revision to the approved Comprehensive Design Plan to bring it into conformance with the approved Basic Plan amendment may be approved concurrently.
   8. (8)
      If an amendment to an approved Basic Plan, or a portion thereof, is for the purpose of including a Planned Environmental Preservation Community, the Plan may be amended in accordance with the requirements of Subsection (c), below.
2. (b)
   An amendment of an approved Basic Plan which results in dividing a single approved Basic Plan into two (2) or more separate Basic Plans may be approved by the District Council where significant changes in circumstances with regard to the approved Basic Plan have created practical difficulties for the applicant to the extent that, unless the Basic Plan is amended to separate a specified amount of land area, the applicant will be unable to proceed to the Comprehensive Design Plan phase. An amendment will not be granted where the practical difficulty is self-created or self-imposed, or where the applicant had knowledge of, and control over, the changing circumstances and the problems bringing about the practical difficulty at the time the Basic Plan was approved. The following procedures shall apply to consideration of any such amendment in lieu of the requirements of Subsection (c), below:

   1. (1)
      The applicant shall file the request in triplicate with the Clerk of the Council. The petition shall be accompanied by a new reproducible copy of the proposed new Basic Plan graphic showing how the Basic Plan is to be divided and any other proposed revisions, three (3) copies of the proposed new Basic Plan Text if any, and the names and addresses of the current owners of the property separated by the proposed amendment. The Clerk's office shall advise the applicant in writing that the Technical Staff has found that the request is complete.
   2. (2)
      The Clerk of the Council shall refer copies of the request and accompanying documents to the Planning Board and to the People's Zoning Counsel. The Planning Board and the People's Zoning Counsel shall submit any comments which they have on the request to the District Council, the Zoning Hearing Examiner, the petitioner, and all persons of record in the original Zoning Map Amendment application. The comments shall be submitted not later than sixty (60) days after the date the petition is referred, unless such deadline is waived in writing by the applicant.
   3. (3)
      Within one hundred twenty (120) days after referral of the petition to the Planning Board and People's Zoning Counsel, the Zoning Hearing Examiner shall conduct a public hearing on the petition. The hearing shall be held in accordance with Section 27-129. The hearing shall not be held until after the sixty (60) day review period has expired, unless both the Planning Board and People's Zoning Counsel have submitted their comments.
   4. (4)
      In approving the petition, the applicant shall establish, and the District Council shall find, that:

      1. (A)
         The approval of the amended Basic Plan will not result in a change in land area, or an increase in land use density or intensity, for the overall area included in the original, approved Basic Plan;
      2. (B)
         The approval of the amended Basic Plan will not significantly impair the character of the original, approved Basic Plan with respect to land uses, density ranges, unit types, circulation, accessibility, public facilities, public benefit features, and open space;
      3. (C)
         The proposed amended Basic Plan conforms to the requirements of Section 27-195(b);
      4. (D)
         The separate Basic Plans that result will be capable of standing by themselves as individual, cohesive developments;
      5. (E)
         Any staging of development that was required in the approval of the original Basic Plan, and that is still appropriate, is included as part of the amended Basic Plan; and
      6. (F)
         No owner of any land which is included in the original, approved Basic Plan will, by the approval of the proposed amended Basic Plan, be denied reasonable use of his property.
   5. (5)
      Within thirty (30) days from the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council, unless such deadline is waived in writing by the applicant.
   6. (6)
      Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
   7. (7)
      Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
   8. (8)
      If the Council does not act within forty-five (45) days of the filing of the written recommendation, the petition shall be considered to have been denied.
3. (c)
   If an amendment of an approved Basic Plan does not involve a change in land area or an increase in land use density or intensity, is for the purpose of adding a Planned Environmental Preservation Community, or is for the purpose of allowing uses permitted in the E-I-A Zone on land in the R-S Zone pursuant to Section 27-515(b) of this Code, the Plan may be amended by the Council in accordance with the following procedures:

   1. (1)
      The applicant shall file the request (in triplicate) with the Clerk of the Council. The petition shall be accompanied by a new reproducible copy of the proposed new Basic Plan (graphic only) or three (3) copies of the proposed new Basic Plan Text (as necessary depending on the amendment proposed). The Clerk's office shall advise the applicant (in writing) that the Technical Staff has found that the request is complete. If an amendment to an approved Basic Plan is proposed for the purpose of adding a Planned Environmental Preservation Community, the applicant must hold a meeting to solicit public comment on the Plan for the purpose of incorporating comments concerning use, design, and density, to the extent possible, into the Plan. The applicant shall send by certified mail notice of the date, time, place and subject matter of the meeting to all adjoining property owners, including owners whose properties lie directly across a street, alley, or stream, to all persons of record in the original application, and to every municipality located within one (1) mile of the applicant's property. Evidence that the applicant has complied with this requirement shall be provided prior to the acceptance of the applicant's petition by the Clerk of the Council.
   2. (2)
      The Clerk of the Council shall refer copies of the request and accompanying documents to the Planning Board and to the People's Zoning Counsel. The Planning Board and the People's Zoning Counsel shall submit any comments which they have on the request to the Council, the Zoning Hearing Examiner, the petitioner, and all persons of record in the original Zoning Map Amendment application. The comments shall be submitted not later than sixty (60) days after the date the Clerk refers the petition to them, unless such deadline is waived in writing by the applicant.
   3. (3)
      Within one hundred twenty (120) days after referral of the petition to the Planning Board and People's Zoning Counsel, the Zoning Hearing Examiner shall conduct a public hearing on the petition. The hearing shall be held in accordance with Section 27-129. The hearing shall not be held until after the sixty (60) day review period has expired, unless both the Planning Board and People's Zoning Counsel have submitted their comments.
   4. (4)
      Within thirty (30) days from the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council, unless such deadline is waived in writing by the applicant.
   5. (5)
      Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
   6. (6)
      Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
   7. (7)
      In approving the petition, the District Council shall find that the requirements of Section 27-195(b) have been met. If the Council does not act within forty-five (45) days of the filing of the written recommendation, the petition shall be considered to have been denied.

(CB-31-1986; CB-84-1990; CB-56-1993; CB-100-1993; CB-47-1996; CB-20-2001; CB-61-2001; CB-23-2002; CB-36-2002; CB-45-2002; CB-1-2004; CB-16-2004; CB-22-2020)

Effective on: 1/1/1901

1. (a)
   If the subject property was placed in the V-M or V-L Zone through a Sectional Map Amendment without a Basic Plan, the applicant shall submit a Basic Plan for consideration and approval prior to, or concurrently with, the application for a Comprehensive Design Plan.
2. (b)
   Where the applicant submits a Comprehensive Design Plan, or a Comprehensive Design Plan and a Specific Design Plan, for consideration concurrently with the application for a Zoning Map Amendment (and Basic Plan), these plans shall be considered in accordance with PART 8, Division 4.

(CB-53-1991; CB-10-1992)

Effective on: 1/1/1901

1. (a)
   This Section contains the procedures for classifying property in the M-U-TC Zone and approval of a Town Center Development Plan. Unless otherwise specified, these procedures take the place of any other Zoning Map Amendment provisions contained in this Subtitle.
2. (b)
   Any existing use which has a valid permit issued prior to the approval of a rezoning to the M-U-TC Zone shall be considered a permitted use and shall not be considered nonconforming, provided the use has not changed to a different use since the issuance of the permit. This provision shall apply only to the property which was the subject of the original permit. Any expansion or exterior alteration is subject to the Town Center Development Plan.

(CB-2-1994)

Effective on: 1/1/1901

1. (a)
   The Planning Board may initiate an M-U-TC Map Amendment only upon the concurrence (by resolution) of the District Council. A municipality must also provide prior written approval if the affected area lies wholly or in part within its boundaries.
2. (b)
   After the Map Amendment is initiated by the Planning Board, the Technical Staff shall immediately proceed to prepare a proposed Map Amendment. The proposal shall contain the following:

   1. (1)
      The proposed boundaries of the M-U-TC Zone, shown on the Zoning Map. The proposed boundaries shall be continuous and shall not leave land in a different zone solely enclosed by the M-U-TC. No property located partially or completely within the Safety Zones of the Military Installation Overlay Zone shall be classified or reclassified in the M-U-TC Zone.
   2. (2)
      A Town Center Development Plan prepared in accordance with PART 10, DIVISION 2, Subdivision 3.
3. (c)
   During the preparation of the proposed M-U-TC Zoning Map Amendment, the Technical Staff shall contact all owners of land and any municipality lying (wholly or in part) within the anticipated boundaries of the proposed M-U-TC Zone, and any municipality within one (1) mile of the anticipated boundary, to invite comments and recommendations concerning their plans and desires for development within the proposed M-U-TC Zone. The purpose of these mailings, and those required at the time of Planning Board and District Council hearings, is informational only. The failure of the Planning Board to send, or a property owner or municipality to receive, the notice shall not invalidate the adoption or approval of the Zoning Map Amendment.
4. (d)
   The Planning Board shall review the proposal of the Technical Staff and shall hold a public hearing on the matter pursuant to the procedures in Section 27-198.03. After the public hearing, the Planning Board shall take action on the proposal and shall transmit its recommendation to the District Council for another public hearing and final action.
5. (e)
   Upon transmittal of the recommended Zoning Map Amendment to the District Council, the Planning Board and Zoning Hearing Examiner (as appropriate) shall cease accepting and processing all Zoning Map Amendment and Special Exception applications within the boundaries of the proposed M-U-TC Zone until after final action by the District Council on the Map Amendment. Any application pending before the District Council shall immediately be remanded to the Office of the Zoning Hearing Examiner.

(CB-2-1994; CB-42-2015)

Effective on: 1/1/1901

1. (a)
   Notice.

   1. (1)
      The Planning Board shall release the proposed M-U-TC Zone for public inspection at least sixty (60) days prior to its scheduled public hearing. Written notice of the hearing shall be mailed to all property owners within the boundaries of the proposed M-U-TC Zone and to any municipality lying (wholly or in part) within the proposed M-U-TC Zone, or within one (1) mile of the proposed boundary, at least thirty (30) days prior to the hearing date. Notice of the date, time, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least thirty (30) days prior to the hearing date. At least sixty (60) days prior to the scheduled hearing date, a copy of the proposal shall be sent to all public agencies and municipalities with operational or planning responsibilities within the boundaries of the proposed Zone; and to the Historic Preservation Commission, if any property within the proposed Zone is an identified historic resource on the Adopted and Approved Historic Sites and Districts Plan of Prince George's County, Maryland.
2. (b)
   Planning Board action.

   1. (1)
      The Planning Board may recommend approval, or approval with modifications, of the proposed M-U-TC Zone. The Planning Board shall take action, by resolution adopted at a regularly scheduled public meeting, not more than forty-five (45) days after the close of the hearing record. The Planning Board shall transmit its recommendation to the District Council within one hundred five (105) days of the release for public inspection.

(CB-2-1994)

Effective on: 1/1/1901

1. (a)
   Public hearing and notice.

   1. (1)
      Except as indicated below, the District Council shall hold a public hearing on the proposed M-U-TC Zone within sixty (60) days following receipt of the Planning Board's recommendation. Notice of the date, time, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least thirty (30) days prior to the hearing date. In addition, written notice of the date, time, and place of the hearing shall be sent to all owners of land and any municipality lying (wholly or in part) within the proposed boundary, and to any municipality within one (1) mile of the proposed boundary.
2. (b)
   Amendment of Planning Board proposal.

   1. (1)
      Prior to taking final action, the District Council may propose amendments to the M-U-TC Zone recommended by the Planning Board. The Council shall hold another public hearing on the amendments within sixty (60) days of the first hearing, except as provided in Subsection (b)(3), below. At least fifteen (15) days prior to the hearing, notice of the date, time, and place of the hearing on the proposed amendments shall appear at least one (1) time in the County newspapers of record. This same notice shall also be sent to all owners of land and any municipality lying (wholly or in part) within the proposed boundary, and to any municipality within one (1) mile of the proposed boundary.
   2. (2)
      All proposed amendments shall be referred to the Planning Board when they are proposed. The Planning Board shall submit written comments to the Council prior to, or at the time of, the public hearing on the amendments.
   3. (3)
      The District Council may amend the Planning Board's proposed M-U-TC Zone without an additional public hearing where the amendments are only to exclude property from the proposed rezoning.
3. (c)
   Time for final action.

   1. (1)
      The Council shall take final action on the M-U-TC Zone at any time within thirty (30) days after the close of the final public hearing record, but not later than one hundred fifty (150) days after receipt of the recommendation from the Planning Board. If no final action is taken within this time period, the M-U-TC Zone shall be deemed disapproved.
4. (d)
   Voting requirements.

   1. (1)
      The approval of an M-U-TC Zone shall be by Ordinance, and shall generally be by majority vote of the full Council. A two-thirds (2/3) majority vote of the full Council shall be required to override the recommendation of a municipality for any portion of the M-U-TC Zone which falls within the boundaries of the municipality.
5. (e)
   Consideration with Sectional Map Amendment.

   1. (1)
      If an M-U-TC Zone is included in an SMA transmittal by the Planning Board, the District Council decision and any proposed amendments may be considered either in accordance with the applicable Sectional Map Amendment process or in accordance with Section 27-198.02 after final action on the Sectional Map Amendment.

(CB-2-1994; CB-79-2000)

Effective on: 1/1/1901

1. (a)
   Criteria for approval.

   1. (1)
      Prior to approving the M-U-TC Zone, the Council shall make the following findings:

      1. (A)
         The entire Map Amendment, including the Development Plan, is in conformance with the purposes and other requirements of the M-U-TC Zone;
      2. (B)
         Adequate attention has been paid to the recommendations of Area Master Plans and the General Plan which are found to be applicable to property within the proposed M-U-TC Zone;
      3. (C)
         An approved Master Plan recommends a mixed use town center zone or the area is demonstrated to be an older, substantially developed mixed-use community;
      4. (D)
         The Town Center Development Plan will provide a flexible regulatory environment that will support redevelopment and development interests in the area and protect the character of the older mixed use center; and
      5. (E)
         The M-U-TC Zone boundaries are contiguous with no land in a different zone remaining solely within the approved M-U-TC Zone boundaries.
2. (b)
   Notice of approval.

   1. (1)
      Notice of the approval of an M-U-TC Zone shall be published by the Clerk of the Council at least one (1) time in the County newspapers of record, and shall be sent to the Planning Board.
3. (c)
   Effect on pending applications.

   1. (1)
      Approval of the M-U-TC Zoning Map Amendment by the District Council shall constitute final action on all pending Zoning Map Amendment applications within the boundaries of the approved M-U-TC Zone.
   2. (2)
      If the District Council amends a proposed M-U-TC Zoning Map Amendment by modifying the boundaries of the proposed Zone in a manner that excludes land which is the subject of a pending Zoning Map Amendment application, the Planning Board and Zoning Hearing Examiner (as appropriate) shall resume the normal processing of, or return to the District Council, the pending Zoning Map Amendment application.
   3. (3)
      If an M-U-TC Zoning Map Amendment is disapproved by the District Council, the Planning Board and Zoning Hearing Examiner (as appropriate) shall resume the normal processing of, or return to the District Council, all pending Zoning Map Amendment applications upon which processing had ceased, or which were remanded to the Office of the Zoning Hearing Examiner in accordance with Section 27-198.02(e).
4. (d)
   Amendment of approved Mixed-Use Town Center Zone.

   1. (1)
      In general.

      1. (A)
         A request to change the boundaries of an approved M-U-TC Zone, or to amend an approved Town Center Development Plan, may be made by a property owner or any municipality within which any portion of the zone is located. The request shall be in the form of an application.
      2. (B)
         Amendments to change the boundaries of an M-U-TC Zone shall be approved by the District Council in accordance with the provisions of this Subdivision for initial approval.
   2. (2)
      Application.

      1. (A)
         In general.

         1. (i)
            An application for an amendment to the M-U-TC Zone shall be filed with the Planning Board by the owner (or authorized representative) of the property or a municipality. The District Council may suspend the filing of applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.
         2. (ii)
            All applications shall be on the forms provided. All information shall be typed, except for signatures.
         3. (iii)
            If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.
   3. (3)
      Contents of application forms.

      1. (A)
         The following information shall be included on the application:

         1. (i)
            The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
         2. (ii)
            The existing and requested zoning classifications of the property;
         3. (iii)
            The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
         4. (iv)
            The total area of the property (in either acres or square feet);
         5. (v)
            The property's lot and block numbers, subdivision name, plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;
         6. (vi)
            The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation; and
         7. (vii)
            The name, address, and telephone number of the correspondent.
   4. (4)
      Other submission requirements.

      1. (A)
         Along with the application, the applicant shall submit the following:

         1. (i)
            Four (4) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

            27. (aa)
                The present configuration of the M-U-TC Zone, including bearings and distances (in feet), and the proposed configuration of the M-U-TC Zone property, including bearings and distances (in feet), if applicable;
            28. (bb)
                The names of owners of record, or subdivision lot and block numbers, of adjoining properties;
            29. (cc)
                The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
            30. (dd)
                The subdivision lot and block numbers of the subject property (if any);
            31. (ee)
                A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);
            32. (ff)
                The total area of the property (in either square feet or acres);
            33. (gg)
                The location of all existing buildings on the property; and
            34. (hh)
                The subject property outlined in red;
         2. (ii)
            Four (4) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red;
         3. (iii)
            Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, a description of the existing components of the Town Center Development Plan and proposed changes thereto, and factual reasons showing why approval of the request will not be detrimental to the public health, safety, and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;
         4. (iv)
            A statement listing the names and the business and residential addresses of all individuals having at least a five percent (5%) financial interest in the subject property;
         5. (v)
            If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the dates on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;
         6. (vi)
            If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);
         7. (vii)
            The proposed amendment to be appended to or incorporated into the Town Center Development Plan. The proposed amendment shall include (at least) the same detail as found in the approved plan;
         8. (viii)
            A list containing the names and addresses of all adjoining property owners and the owners of those properties directly across a street, alley, or stream, and each municipality if any part of the property in the application is located within the municipal boundaries, or is located within one (1) mile of the municipality, and a set of preaddressed envelopes or mailing labels;
         9. (ix)
            Any other data or explanatory material deemed necessary by the District Council or the Planning Board (submitted in triplicate).
      2. (B)
         For the purposes of (iv), (v), and (vi), above, the term "owner" shall include not only the owner of record, but also any contract purchaser.
   5. (5)
      Procedure.

      1. (A)
         After the request is accepted, it shall be reviewed by the Technical Staff and processed in accordance with Section 27-198.02, as if it were an original M-U-TC Amendment initiated by the Planning Board.
      2. (B)
         Any municipality within which a portion of the zone is located shall be notified of the request within ten (10) days of its acceptance.

(CB-2-1994; CB-15-1998; CB-41-2002; CB-12-2003)

Effective on: 1/1/1901

1. (a)
   General.

   1. (1)
      An application for a Zoning Map Amendment to a Mixed Use Zone shall be filed with the Planning Board by the owner (or authorized representative) of the property. The District Council may suspend the filing of applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.
   2. (2)
      No application shall be filed requesting more than one (1) zone.
   3. (3)
      All applications shall be on the forms provided. All information shall be typed, except for signatures.
   4. (4)
      If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.
   5. (5)
      Where the property proposed for the Zoning Map Amendment is located within the Resource Conservation Overlay Zone or within a Safety Zone of the Military Installation Overlay Zone, no Mixed Use Zone shall be granted for the subject property.
2. (b)
   Contents of application form.

   1. (1)
      The following information shall be included on the application:

      1. (A)
         The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
      2. (B)
         The existing and requested zoning classifications of the property;
      3. (C)
         The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
      4. (D)
         The total area of the property (in either acres or square feet);
      5. (E)
         The property's lot and block numbers, subdivision name, and plat book and page number, if any; or a description of the acreage, with reference to liber and folio numbers;
      6. (F)
         The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation must be signed by an officer empowered to act for the corporation;
      7. (G)
         The name, address, and telephone number of the correspondent.
3. (c)
   Other submission requirements.

   1. (1)
      Along with the application, the applicant shall submit the following:

      1. (A)
         Four (4) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. This plat shall show:

         1. (i)
            The present configuration of the property, including bearings and distances (in feet);
         2. (ii)
            The names of owners of record, or subdivision lot and block numbers, of adjoining properties;
         3. (iii)
            The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
         4. (iv)
            The (subdivision) lot and block numbers of the subject property (if any);
         5. (v)
            A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);
         6. (vi)
            The total area of the property (in either square feet or acres);
         7. (vii)
            The location of all existing buildings on the property; and
         8. (viii)
            The subject property outlined in red.
      2. (B)
         Four (4) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red;
      3. (C)
         Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and factual reasons showing why approval of the request will not be detrimental to the public health, safety and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;
      4. (D)
         A statement listing the names, and the business and residential addresses, of all individuals having at least a five percent (5%) financial interest in the subject property;
      5. (E)
         If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;
      6. (F)
         If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);
      7. (G)
         A list containing the names and addresses of all adjoining property owners and the owners of those properties directly across a street, alley, or stream, and each municipality if any part of the property in the application is located within the municipal boundaries, or is located within one (1) mile of the municipality, and a set of preaddressed envelopes or mailing labels;
      8. (H)
         For the M-X-T Zone, supporting evidence which shows whether the proposed development will exceed the capacity of transportation facilities that are existing, are under construction, or for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program and/or within the current State Consolidated Transportation Program;
      9. (I)
         For the M-X-C Zone, supporting evidence which shows that the transportation facilities (including streets and public transit) which are existing, under construction, or which are provided for in an adopted and approved Master Plan or the General Plan, or which will be otherwise provided, will be adequate to carry anticipated traffic;
      10. (J)
          Any other data or explanatory material deemed necessary by the District Council, Zoning Hearing Examiner, or the Planning Board (submitted in triplicate);
      11. (K)
          For the M-X-C Zone, fifteen (15) copies of a Preliminary Development Plan for the property. The Preliminary Development Plan shall include a generalized drawing or series of drawings, generally of a scale not less than one (1) inch equals four hundred (400) feet, illustrating the proposed development with accompanying descriptive material setting forth:

          1. (i)
             The major planning assumptions and objectives, including the method of assuring that Community Use Areas will be permanently maintained and devoted to Community Use Area uses, such as through recorded covenants and declarations creating use restrictions and community associations;
          2. (ii)
             The proposed general layout of major roads and highways;
          3. (iii)
             A statement of the number of acres within the application intended to be devoted to:

             27. (aa)
                 Residential Areas, broken down into the number of acres to be used for each of the following specific Residential Use Areas:

                 Single-Family - Low Density;

                 Single-Family - Medium Density;

                 Other Residential;

             28. (bb)
                 Nonresidential Areas; and
             29. (cc)
                 Community Use Areas.
          4. (iv)
             The general location of the areas referred to in subparagraph (K)(iii), above, including proposed sites for recreational uses, schools, parks, and other public, institutional, or homeowner uses, and the location of any retail centers in relationship to residential areas;
          5. (v)
             A description of the proposed drainage, water supply, sewerage, and other utilities;
          6. (vi)
             A statement of the proposed maximum density of the proposed development, expressed in terms of the average number of dwelling units per gross acre;
          7. (vii)
             Existing streams and their associated buffers; nontidal wetlands and their associated buffers; slopes greater or equal to fifteen percent (15%); and the one-hundred (100) year floodplain;
          8. (viii)
             A proposal for the submission of the signage program required by Section 27-546.04(j);
          9. (ix)
             A proposal for the submission of an integrated public street system required by Section 27-546.04(i);
          10. (x)
              A justification of the amount of land proposed for commercial activities.
   2. (2)
      For the purposes of (D), (E), and (F), above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(CB-107-1984; CB-120-1984; CB-33-1985; CB-72-1987; CB-128-1989; CB-66-1990; CB-95-1991; CB-63-1992; CB-47-1996; CB-28-2010; CB-34-2011; CB-42-2015)

Editor's note(s)—Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Requests to amend an application shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative). The amendment of applications shall be subject to the following:

   1. (1)
      Amendments concerning an error, omission of fact, or other factual change not mentioned below in this Section shall be permitted at any time.
   2. (2)
      Amendments which change the total area or configuration of a property shall be made before the application is transmitted to the Council. If the area is increased, the appropriate additional filing fee shall be paid.
   3. (3)
      Amendments which change the requested zoning classification shall be accompanied by a new (revised) justification statement. The amendment shall also be the subject of a new (revised) Technical Staff Report or a statement by the Technical Staff that a new (revised) report is unnecessary. Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted. Where the Technical Staff recommends an amendment, the applicant may request the amendment within fifteen (15) days after the date of the public release of the Technical Staff Report, in which case the request shall be administratively granted. If the Planning Board decides to hear a case, and either the amendment is different than the one recommended by the staff or the fifteen (15) days have lapsed, the amendment request shall be directed to the Planning Board prior to or on the date on which it first hears the application, or within ten (10) days after the date the Planning Board recommends the amendment. The amendment shall not be permitted if more than ten (10) days have elapsed since the date of the Planning Board's recommendation.
   4. (4)
      Notification of any amendments made shall be furnished to any person who has requested (in writing) a copy of the Technical Staff Report.

Effective on: 1/1/1901

1. (a)
   Any application may be withdrawn. All requests for withdrawal shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative).
2. (b)
   Requests made prior to the date the application is transmitted to the Council shall be directed to the Planning Board.
3. (c)
   Requests made on or after the date the application is transmitted to the Council shall be directed to the Council.
4. (d)
   Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-203 shall not apply.
5. (e)
   Requests received on or after the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-203 shall apply.

Effective on: 1/1/1901

No new Zoning Map Amendment application may be filed on the same land until two (2) years have elapsed after final action (including appellate review) on a previous application. After two (2) applications on the same land have been acted upon, a period of four (4) years must elapse before another application for the same land may be filed. No land shall be the subject of two (2) applications for Zoning Map Amendment at the same time.

(CB-120-1984)

Editor's note(s)—The District Council, in adopting CR-70-2014, determined that an extension of the provisions of the Interim Land Use Control Ordinance enacted pursuant to Chapter No. 78, 2012 Laws of Prince George's County, Maryland, is necessary to allow sufficient time to address additional procedures needed to adopt the Military Installation Overlay Zone ("MIOZ") and MIOZ district plan. As such, CR-70-2014 extends the maximum time for abrogation of the Interim Land Use Control Ordinance until June 30, 2015.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Hearing date established.

   1. (1)
      The Zoning Hearing Examiner shall establish the date of the public hearing.
2. (b)
   Request to delay hearing.

   1. (1)
      Should the Planning Board determine that it is in the public interest to delay the hearing date, the Planning Board may request, prior to the submission date (Section 27-206(a)), that the Council approve the delay. The request shall be in writing, with a copy to the Zoning Hearing Examiner. The District Council may approve the request (by administrative action) and notify the Zoning Hearing Examiner to redesignate the hearing to another specified date.
   2. (2)
      The People's Zoning Counsel or any person of record may request the continuance of a hearing under this Section. The Zoning Hearing Examiner shall grant a continuance if a required Technical Staff Report has not been filed at least thirty (30) days before the scheduled hearing. If a continuance is granted for this reason, the Zoning Hearing Examiner may not hear the case until at least thirty (30) days after the Technical Staff Report has been filed.

(CB-123-1986)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Transmittal.

   1. (1)
      At least thirty (30) days prior to the public hearing, the original copy of the application, plans, maps, specifications, Technical Staff Report, and all other data, materials, and record evidence (to date) pertaining to the requested Map Amendment shall be sent by the Planning Board to the District Council.
2. (b)
   Public examination.

   1. (1)
      At least thirty (30) days prior to the public hearing, the original Map Amendment application file shall be available for public examination in the Office of the Zoning Hearing Examiner, and a copy of the file shall be available for public examination in the Office of the Planning Board. This copy may be reviewed by anyone, and copies of its contents may be obtained at a reasonable cost.

Effective on: 1/1/1901

1. (a)
   Referral.

   1. (1)
      When a historic resource included on the Adopted and Approved Historic Sites and Districts Plan (except the White Farm identified as Site Number 7306 on the Plan) is located on the subject property, the application shall be referred to the Historic Preservation Commission, as soon as feasible after filing.
2. (b)
   Recommendation.

   1. (1)
      The Historic Preservation Commission shall submit its comments and recommendations for the record within forty-five (45) days after the date the application was referred to it. Failure of the Historic Preservation Commission to submit a recommendation within this time period shall constitute no objection to the approval of the Map Amendment, as requested.

Effective on: 1/1/1901

1. (a)
   In connection with each application, a report by the Technical Staff shall be submitted to the Planning Board for its review. The report shall contain the following:

   1. (1)
      The Staff's recommendation;
   2. (2)
      A delineation of the approximate area of the neighborhood, which shall be shown on either a Zoning Map, aerial photograph, or sketch map;
   3. (3)
      A description of land use and zoning in the neighborhood; and
   4. (4)
      In cases where the staff recommends a zone different than that requested, an analysis of the alternative zone recommended.
2. (b)
   The Technical Staff Report shall be sent to all persons of record, and all other persons who request (in writing) a copy of the report. A copy of the report shall be included in the record.
3. (c)
   The Technical Staff Report shall advise the reader that a hearing before the Planning Board will not be held unless the Board notifies all persons listed under Subsection (b), above.
4. (d)
   The Technical Staff Report shall contain the date of the Planning Board meeting, during which the Board will decide whether to hear the case.

Effective on: 1/1/1901

1. (a)
   The Planning Board shall decide whether it will hold a hearing on each case (after receiving the Technical Staff Report).
2. (b)
   If the Board does not decide to hear a case within fifteen (15) days after the Technical Staff Report has been publicly released (or at its first meeting after the release if none had occurred within the fifteen (15) days), the Technical Staff's recommendation shall constitute the Planning Board's recommendation. In this event, the report shall immediately be transmitted to the District Council, together with the application and all other record material.
3. (c)
   If the Planning Board decides to hear the case, it shall set a hearing date which shall be at least thirty (30) days after deciding to hear the case. The Planning Board shall notify (in writing) all persons of record, and all other persons who requested (in writing) a copy of the Technical Staff Report, of the hearing date.
4. (d)
   Prior to or at the Planning Board's hearing, the applicant and any other person may submit written responses to the Technical Staff Report, together with any supporting material. If it is not foldable, the material shall not be larger than eighteen (18) by twenty-four (24) inches. The responses and attachments shall become a part of the record that will be forwarded to the District Council.
5. (e)
   The following procedures shall be observed by the Planning Board:

   1. (1)
      No one shall present evidence after the hearing is concluded, unless a rehearing is ordered.
   2. (2)
      All hearings shall be open to the public.
   3. (3)
      The Planning Board shall make its recommendations only on the basis of the record before it.
   4. (4)
      Any action shall be by a resolution adopted at a regularly scheduled public meeting.
   5. (5)
      The resolution shall be transmitted to the District Council, together with the original application and the original of all other record material pertaining to the Zoning Map Amendment application.
   6. (6)
      Copies of the minutes of the Planning Board meeting shall be available for public inspection. The minutes may be copied by anyone during normal working hours.

Effective on: 1/1/1901

Where the Zoning Hearing Examiner is authorized to conduct a public hearing, he shall do so in accordance with PART 3, Division 1, Subdivision 2, of this Subtitle.

Effective on: 1/1/1901

Whenever the District Council conducts a public hearing (including an oral argument), it shall do so in accordance with PART 3, Division 1, Subdivision 3, of this Subtitle.

Effective on: 1/1/1901

1. (a)
   Criteria for approval of the M-X-T Zone.

   1. (1)
      The District Council shall only place land in the M-X-T Zone if at least one (1) of the following two (2) criteria is met:

      1. (A)
         Criterion 1. The entire tract is located within the vicinity of either:

         1. (i)
            A major intersection or major interchange (being an intersection or interchange in which at least two (2) of the streets forming the intersection or interchange are classified in the Master Plan as an arterial or higher classified street reasonably expected to be in place within the foreseeable future); or
         2. (ii)
            A major transit stop or station (reasonably expected to be in place within the foreseeable future).
      2. (B)
         Criterion 2. The applicable Master Plan recommends mixed land uses similar to those permitted in the M-X-T Zone.
   2. (2)
      Prior to approval, the Council shall find that the proposed location will not substantially impair the integrity of an approved General Plan, Area Master Plan, or Functional Master Plan and is in keeping with the purposes of the M-X-T Zone. In approving the M-X-T Zone, the District Council may include guidelines to the Planning Board for its review of the Conceptual Site Plan.
   3. (3)
      Adequate transportation facilities.

      1. (A)
         Prior to approval, the Council shall find that transportation facilities that are existing, are under construction, or for which one hundred percent (100%) of construction funds are allocated within the adopted County Capital Improvement Program, within the current State Consolidated Transportation Program, will be funded by a specific public facilities financing and implementation program established for the area, or provided by the applicant, will be adequate to carry anticipated traffic for the proposed development.
      2. (B)
         The finding by the Council of adequate transportation facilities at this time shall not prevent the Planning Board from later amending this finding during its review of subdivision plats.
2. (b)
   Criteria for approval of the M-X-C Zone.

   1. (1)
      The District Council shall only place land in the M-X-C Zone if the following criteria are met:

      1. (A)
         The application, including the Preliminary Development Plan, shall conform to the specific recommendation of a General Plan Map or Area Master Plan Map, or the principles and guidelines of the plan text which address the design and physical development of the property, and recommends that the area be developed in a comprehensive manner in a planned community that results in distinct neighborhoods or villages.
      2. (B)
         Transportation facilities (including streets and public transit) which are existing, under construction, or which are provided for in an adopted and approved Master Plan or the General Plan, or which will be otherwise provided, will be adequate to carry anticipated traffic.
      3. (C)
         Other private and public facilities (such as schools, recreation areas, water and sewerage systems, libraries, and fire stations) which are existing, under construction, or which are provided for in an adopted and approved Master Plan or the General Plan, or which will be otherwise provided, will be adequate for the uses proposed.
      4. (D)
         The land for which the approval of the M-X-C Zone is requested is not currently zoned O-S (Open Space) or R-A (Residential-Agricultural), unless the land in the R-A Zone was intended for staged future development.
   2. (2)
      In approving a rezoning to the M-X-C Zone, the District Council shall also make the following findings:

      1. (A)
         The proposed plan represents a mix of uses which will support and complement the development of a balanced community;
      2. (B)
         The proposed plan is in conformance with the purposes and other provisions of PART 10, Division 2, of this Subtitle;
      3. (C)
         The location and size of the neighborhood center or centers are adequate to create a distinct focal point for the community and to foster a strong sense of community identity and participation;
      4. (D)
         The open space network is sufficient to provide for the recreational and scenic needs of the residents, is well distributed throughout the overall development, and is superior to what could be achieved under conventional development regulations;
      5. (E)
         The open space network is designed to preserve the most sensitive and valuable environmental features;
      6. (F)
         The character of the land within the development is suitable for the uses proposed;
      7. (G)
         The proposed development plan incorporates design and planning techniques which will make it compatible with existing and proposed development in the vicinity; and
      8. (H)
         The amount of land proposed to be used for commercial activities is adequate to serve the residents of the community.
   3. (3)
      Upon granting an application to rezone property to the M-X-C Zone, the District Council shall also approve a Preliminary Development Plan for all of the land included within the application.
3. (c)
   Conditional approval.

   1. (1)
      When it approves a Zoning Map Amendment, the District Council may impose reasonable requirements and safeguards (in the form of conditions) which it finds are necessary to either:

      1. (A)
         Protect surrounding properties from adverse effects which might accrue from the Zoning Map Amendment; or
      2. (B)
         Further enhance the coordinated, harmonious, and systematic development of the Regional District.
   2. (2)
      In no case shall the conditions waive or lessen the requirements of, or prohibit uses allowed in, the approved zone.
   3. (3)
      All building plans shall list the conditions and shall show how the proposed development complies with them.
   4. (4)
      Conditions imposed by the District Council shall become a permanent part of the Zoning Map Amendment, and shall be binding for as long as the Mixed Use Zone remains in effect on the property (unless amended by the Council).
   5. (5)
      If conditions are imposed, the applicant shall have ninety (90) days from the date of approval to accept or reject the rezoning as conditionally approved. He shall advise (in writing) the Council accordingly. If the applicant accepts the conditions, the Council shall enter an order acknowledging the acceptance and approving the Map Amendment, at which time the Council's action shall be final. Failure to advise the Council shall be considered a rejection of the conditions. Rejection shall void the Map Amendment and revert the property to its prior zoning classification. The Council shall enter an order acknowledging the rejection, voiding its previous decision, and reverting the property to its prior zoning classification, at which time the Council's action shall be final.
   6. (6)
      All Zoning Map Amendments which are approved subject to conditions shall be shown on the Zoning Map with the letter "C" after the application number.
4. (d)
   Noncompliance with conditions.

   1. (1)
      All conditions imposed shall be mandatory. The failure to comply with any condition shall constitute a zoning violation and shall be grounds for the Council to:

      1. (A)
         Annul the Map Amendment;
      2. (B)
         Revoke a use and occupancy permit;
      3. (C)
         Institute appropriate civil or criminal proceedings; or
      4. (D)
         Institute any other action necessary to obtain compliance.
   2. (2)
      Before the District Council annuls an approved conditional Zoning Map Amendment, the Zoning Hearing Examiner shall hold a public hearing and transmit a written recommendation on the matter. The following procedures shall be followed:

      1. (A)
         A petition shall be filed with the Clerk of the Council by the Director of the Department of Permitting, Inspections, and Enforcement (or his designee) requesting the Council to annul the Zoning Map Amendment. The petition shall state the reasons for the request. At the same time, a copy of the petition shall be sent to the Planning Board.
      2. (B)
         The Planning Board shall submit a written recommendation on the petition to the Council.
      3. (C)
         The Office of the Zoning Hearing Examiner shall publish a notice containing the date, time, and place of the public hearing, a description of the subject property, and a description of the petition request.
      4. (D)
         After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
      5. (E)
         Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
      6. (F)
         Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
5. (e)
   Approval of a zone different from that requested.

   1. (1)
      The District Council may approve a less intense zone than that requested by the applicant for any part of the property involved in the application.
   2. (2)
      If the subject property is located within the boundaries of a municipality, a less intense zone may only be approved if there was testimony on the less intense zone before the Zoning Hearing Examiner, and an opportunity given for the municipality to make a recommendation. If there was no such testimony or opportunity, the application shall be remanded to the Zoning Hearing Examiner for this purpose (Section 27-133). Upon remand, the Hearing Examiner shall notify all persons of record and any municipality in which the property is located. The Hearing Examiner shall conduct further hearings if the case warrants.
6. (f)
   Effect on Special Exceptions.

   1. (1)
      When any land upon which a Special Exception has been approved is reclassified to a Mixed Use Zone, the following shall apply:

      1. (A)
         If, at the time of the rezoning, the approved use is not permitted in the Mixed Use Zone, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this subparagraph shall be subject to PART 4, Division 1, Subdivisions 10, 11, and 12.
      2. (B)
         If, at the time of the rezoning, the approved use is not permitted in the Mixed Use Zone, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the Mixed Use Zone shall apply to the use and development of the property.
      3. (C)
         If, at the time of the rezoning, the approved use is permitted in the Mixed Use Zone without the approval of a Special Exception, the Special Exception shall not terminate and the provisions of PART 4, Division 1, Subdivisions 10, 11, and 12 shall remain in effect. However, when the Detailed Site Plan for the M-X-T or the Final Development Plan for the M-X-C Zone is approved by the Planning Board for the subject property, the Special Exception shall terminate and all provisions of the Mixed Use Zone shall apply to further use and development of the property.
7. (g)
   Amendments to a Preliminary Development Plan.

   1. (1)
      Primary Amendments.

      1. (A)
         All primary amendments of approved Preliminary Development Plans shall be made in accordance with the provisions for initial approval of the Plan.
      2. (B)
         Primary amendments shall include the following:

         1. (i)
            Change to the boundary of the Preliminary Development Plan;
         2. (ii)
            Changes from one land use designation to another designation;
         3. (iii)
            Changes in land use location;
         4. (iv)
            Changes in land use densities or intensities in either a range or a maximum, as appropriate;
         5. (v)
            Changes in location of major access points affecting area outside the Zone; and
         6. (vi)
            Any other changes deemed as primary by the District Council at the time of approval of the Preliminary Development Plan.
   2. (2)
      Secondary Amendments.

      1. (A)
         An application for a secondary amendment of an approved Preliminary Development Plan shall be submitted to the Planning Board by the owner (or authorized representative) of the property within the M-X-C Zone and shall be processed in accordance with the following regulations.
      2. (B)
         All applications shall be typed, except for signatures, submitted in triplicate, and shall include the following information:

         1. (i)
            The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner;
         2. (ii)
            The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
         3. (iii)
            A statement enumerating each requested change and its effect upon the remainder of development in the approved Preliminary Development Plan;
         4. (iv)
            The total area of the property (in either acres or square feet);
         5. (v)
            The property's lot and block numbers, subdivision name, plat book, and page number, if any; or a description of its acreage with reference to liber and folio numbers;
         6. (vi)
            The name, address, and signature of each owner of record of the property. Applications for property owned by a corporation shall be signed by an officer empowered to act for the corporation;
         7. (vii)
            The name, address, and telephone number of the correspondent;
         8. (viii)
            A statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and a description of the existing components of the Preliminary Development Plan and proposed changes thereto. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;
         9. (ix)
            The proposed amendment to be appended to or incorporated into the Preliminary Development Plan;
         10. (x)
             A signed certificate stating that the applicant, on or before the date of filing such application, sent by certified mail, a copy of the application for an amendment and all accompanying documents to each municipality in which any portion of the property which is the subject of the application is located, and each municipality located within one (1) mile of the property which is the subject of the application. The certificate shall specifically identify each municipality to which the application was mailed and the date it was mailed.
      3. (C)
         Upon completing an application, the applicant shall pay to the Planning Board a fee to help defray the costs related to processing the application. A reduction in the fee may be permitted by the Planning Board if it finds that payment of the full amount will cause an undue hardship upon the applicant.
      4. (D)
         In addition to the filing fee, a fee of Thirty Dollars ($30.00) shall be paid for the posting of each public notice sign to be posted by the Planning Board. No part of a fee shall be refunded or waived, unless the Planning Board determines that one of the following applies:

         1. (i)
            The fee was paid by mistake, and the applicant has requested (in writing) a refund.
         2. (ii)
            The application is withdrawn prior to posting the sign. In this case the entire sign posting fee shall be refunded.
      5. (E)
         The Planning Board shall review the requested Secondary Amendment for compliance with this Section and shall follow the same procedure required for the Conceptual Site Plan approval as found in Sections 27-276(a)(1), (3), (4), (5), (6); 27-276(c)(1), (2); and 27-276(d). Review by the District Council shall follow the procedures in Section 27-280.
      6. (F)
         The Planning Board may only approve a requested Secondary Amendment of a Preliminary Development Plan if it makes the following findings:

         1. (i)
            The requested Secondary Amendment is in compliance with the requirements for the approval of a Preliminary Development Plan;
         2. (ii)
            The requested Secondary Amendment is in conformance with the purposes of the Mixed Use Community Zone;
         3. (iii)
            The original intent of the Preliminary Development Plan element or mandatory requirement being amended is still fulfilled with the approval of the requested Secondary Amendment.
      7. (G)
         Secondary amendments shall include any elements of the Preliminary Development Plan that are not provided in subparagraph (B), above.

(CB-50-1984; CB-33-1985; CB-66-1990; CB-63-1992; CB-56-1993; CB-1-2004; CB-78-2006; CB-29-2014)

Effective on: 1/1/1901

This Subdivision contains the procedures for classifying property in the Transit District Overlay Zone and approval of a Transit District Development Plan. Unless otherwise specified, these procedures take the place of any other Zoning Map Amendment provisions contained in this Subtitle.

(CB-2-1984; CB-33-1985)

Effective on: 1/1/1901

1. (a)
   The Planning Board may initiate a Transit District Overlay Zoning Map Amendment only with the concurrence (by resolution) of the District Council, or the District Council may direct the Planning Board to initiate a Transit District Overlay Zoning Map Amendment by resolution. Initiation shall be in accordance with the approved planning scheduled work program and budget of the Commission.
2. (b)
   After the Map Amendment is initiated by the Planning Board, the Technical Staff shall immediately proceed to prepare a proposed Map Amendment. The proposal shall contain the following:

   1. (1)
      The proposed boundaries of the Transit District Overlay Zone, shown on the Zoning Map;
   2. (2)
      A Transit District Development Plan prepared in accordance with PART 10A, Division 1, Subdivision 1;
   3. (3)
      Any proposed changes in underlying zoning categories, along with written justification for the changes.
3. (c)
   During the preparation of the proposed Transit District Overlay Zoning Map Amendment, the Technical Staff shall contact all owners of land, and any municipality lying (wholly or in part) within the anticipated boundaries of the proposed Transit District, and any municipality within one (1) mile of the anticipated District boundary, to invite comments and recommendations concerning their plans and desires for development within the proposed Transit District. The purpose of these mailings, and those required at the time of Planning Board and District Council hearings, is for informational purposes only. The failure of the Planning Board to send, or a property owner or municipality to receive, the notice shall not invalidate the adoption or approval of the Transit District Overlay Zoning Map Amendment.
4. (d)
   Following the initiation of the Transit District Overlay Zoning Map Amendment, a Special Exception shall be required for any new use on a lot, any portion of which is located within the proposed boundaries of the Map Amendment (unless the use is proposed in an existing building), in the I-1 and I-2 Zones, under certain circumstances as set forth in Section 27-473.
5. (e)
   The Planning Board shall review the proposal of the Technical Staff and grant permission to print the proposed Transit District Overlay Zoning Map Amendment and preliminary Transit District Development Plan not later than nine (9) months from the date of the Resolution initiating the Transit District Overlay Zoning Map Amendment in accordance with Section 27-213.01 of this Subdivision. If issues arise during the preparation of the Transit District Overlay Zone which the Planning Board believes sufficient analysis would result in a need for an extension of the time for the public hearing beyond the eleven (11) months provided herein, the issues shall be brought to the attention of the District Council. If the District Council concurs, they may grant an appropriate amount of time to perform the additional analysis. After the public hearing, the Planning Board shall take action on the proposal and shall transmit its recommended Map Amendment to the District Council for another public hearing and final action.
6. (f)
   Upon transmittal of the recommended Transit District Overlay Zoning Map Amendment to the District Council, the Planning Board and Zoning Hearing Examiner (as appropriate) shall cease accepting and processing all Zoning Map Amendment and Special Exception applications within the boundaries of the proposed Transit District until after final action by the District Council on the Map Amendment. Any application pending before the District Council shall immediately be remanded to the Office of the Zoning Hearing Examiner.

(CB-2-1984; CB-33-1985; CB-66-1996; CB-15-2012; CB-21-2013)

Effective on: 1/1/1901

When the District Council approves a Transit District Overlay Zone, it may, as a part of the approval, change the underlying zones to any other zones (except Comprehensive Design Zones). Where the existing underlying zone is a Comprehensive Design or an M-X-T Zone, that Zone shall be retained; except that, with the concurrence of the property owner, it may be changed to any other zone (except a Comprehensive Design Zone). No land may be rezoned to a Comprehensive Design Zone through Transit District Overlay Zoning Map Amendment procedures.

(CB-2-1984; CB-33-1985)

Effective on: 1/1/1901

1. (a)
   Notice.

   1. (1)
      The Planning Board shall release the proposed Transit District Overlay Zoning Map Amendment for public inspection at least thirty (30) days prior to its scheduled public hearing. Written notice of the hearing shall be mailed to all property owners within the boundaries of the proposed Transit District and to any municipality, lying (wholly or in part) within the proposed District or within one (1) mile of the proposed boundary. At least thirty (30) days prior to the scheduled hearing date, a copy of the proposal shall be sent to all public agencies and municipalities with operational or planning responsibilities within the boundaries of the proposed Transit District Overlay Zone; and to the Historic Preservation Commission, if any property within the proposed District is an identified historic resource on the Adopted and Approved Historic Sites and Districts Plan of Prince George's County, Maryland.
2. (b)
   Planning Board action.

   1. (1)
      The Planning Board may recommend adoption, the adoption with modifications or the remand to staff the proposed map amendment. The Planning Board shall take action, by resolution adopted at a regularly scheduled public meeting, and transmit its action to the District Council within one hundred twenty (120) days of the release for public inspection.
   2. (2)
      If the Planning Board remands the proposed map amendment, the technical staff shall address all identified issues and modify the proposed map amendment accordingly.
   3. (3)
      The Planning Board shall review the modified proposal of the technical staff and hold another public hearing on this matter in accordance with this section.

(CB-2-1984; CB-33-1985; CB-1-2004; CB-65-2008; CB-3-2013)

Effective on: 1/1/1901

1. (a)
   Public hearing and notice.

   1. (1)
      The District Council shall hold a public hearing on the proposed Transit District Overlay Zoning Map Amendment. Notice of the date, time, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least thirty (30) days prior to the hearing date. In addition, written notice of the date, time, and place of the hearing shall be sent to all owners of land and any municipality lying (wholly or in part) within the proposed boundary, and to any municipality within one (1) mile of the proposed boundary.
2. (b)
   Amendment of Planning Board proposal.

   1. (1)
      Prior to taking final action, the District Council may propose amendments to the Transit District Overlay Zoning Map Amendment adopted by the Planning Board. The Council shall hold another public hearing on the amendments. At least fifteen (15) days prior to the hearing, notice of the date, time, and place of the hearing on the proposed amendments shall appear at least one (1) time in the County newspapers of record. This same notice shall also be sent to all owners of land and any municipality lying (wholly or in part) within the proposed boundary, and to any municipality within one (1) mile of the proposed boundary.
   2. (2)
      All proposed amendments shall be referred to the Planning Board when they are proposed. The Planning Board shall submit its written comments to the Council prior to, or at the time of, the public hearing on the amendments.
3. (c)
   Time for final action.

   1. (1)
      The Council shall take final action on the Map Amendment at any time after the close of the final public hearing record, but not later than one hundred eighty (180) days after receipt of the original adoption recommendation on the Transit District Overlay Zoning Map Amendment from the Planning Board. If no final action is taken within this time period, the Council may by simple majority vote to extend the time for final action for a period not to exceed thirty (30) days. If the Council chooses not to extend the time for final action or does not take final action by the end of the extended period, the Transit District Overlay Zoning Map Amendment shall be deemed disapproved.
4. (d)
   Voting requirements.

   1. (1)
      The approval of a Transit District Overlay Zoning Map Amendment shall be by Ordinance, and shall generally be by majority vote of the full Council. A two-thirds (2/3) majority vote of the full Council shall be required to override the recommendation of a municipality for any portion of the Map Amendment which falls within the boundaries of the municipality.
5. (e)
   Required findings.

   1. (1)
      Prior to approving the Transit District Overlay Zoning Map Amendment, the Council shall make the following findings:

      1. (A)
         The entire Map Amendment, including the Transit District Development Plan, is in conformance with the purposes and other requirements of the Transit District Overlay Zone;
      2. (B)
         Adequate attention has been paid to the recommendations of Area Master Plans and the General Plan which are found to be applicable to property within the Transit District; and
      3. (C)
         The particular area within the chosen boundaries of the Transit District Overlay Zone requires the coordination and flexibility provided by the Transit District Overlay Zone, due to the area's potential for new development, redevelopment, or revitalization, and the ability to provide public facilities and infrastructure. In making this finding, the Council shall review the entire area within the vicinity of an existing or proposed Metro station, especially that area within a ten (10) minute walk or one-half (1/2) mile distance of the station. This distance shall serve as a guide only, and shall not be deemed to preclude review of a somewhat larger or smaller area, in the discretion of the District Council.
6. (f)
   Notice of approval.

   1. (1)
      Notice of the approval of a Transit District Overlay Zoning Map Amendment shall be published by the Clerk of the Council at least one (1) time in the County newspapers of record, and shall be sent to the Planning Board.
7. (g)
   Effect on pending applications.

   1. (1)
      Approval of the Map Amendment by the District Council shall constitute final action on all pending Zoning Map Amendment and Special Exception applications within the boundaries of the approved Transit District.
   2. (2)
      If the District Council amends a proposed Transit District Overlay Zoning Map Amendment by modifying the boundaries of the proposed Transit District in a manner that excludes land which is the subject of a pending Zoning Map Amendment or Special Exception application from the approved Transit District, the Planning Board and Zoning Hearing Examiner (as appropriate) shall resume the normal processing of, or return to the District Council, the pending Zoning Map Amendment or Special Exception application.
   3. (3)
      If a Transit District Overlay Zoning Map Amendment is disapproved by the District Council, the Planning Board and Zoning Hearing Examiner (as appropriate) shall resume the normal processing of, or return to the District Council, all pending Zoning Map Amendment and Special Exception applications upon which processing had ceased, or which were remanded to the Office of the Zoning Hearing Examiner in accordance with Section 27-213.02(e).

(CB-2-1984; CB-33-1985; CB-84-1990; CB-47-1996; CB-91-1997; CB-47-1998; CB-65-2008)

Effective on: 1/1/1901

Effective on: 1/1/1901

This Subdivision contains the procedures for classifying property in the Chesapeake Bay Critical Area Overlay Zones. Unless otherwise specified, these procedures take the place of any other Zoning Map Amendment provisions contained in this Subtitle.

(CB-72-1987)

Effective on: 1/1/1901

1. (a)
   The Planning Board may initiate a Chesapeake Bay Critical Area Overlay Zoning Map Amendment with the concurrence, by resolution, of the District Council.
2. (b)
   After the Chesapeake Bay Critical Area Overlay Zoning Map Amendment is initiated by the Planning Board, the Technical Staff shall immediately proceed to prepare a proposed Map Amendment. The proposal shall contain the following:

   1. (1)
      The proposed boundaries of the Intense Development Overlay Zone, the Limited Development Overlay Zone, and the Resource Conservation Overlay Zone, shown on the Zoning Map;
   2. (2)
      A written justification describing how the proposed zoning boundaries comply with the purposes and required findings for each Chesapeake Bay Critical Area Overlay Zone; and
   3. (3)
      Any proposed changes in underlying zoning categories, along with written justification for the changes.
3. (c)
   During the preparation of the proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment, the Technical Staff shall contact all owners of land, and any municipality lying, wholly or in part, within, or within one (1) mile of, the anticipated boundaries of the proposed Chesapeake Bay Critical Area Overlay Zones, to invite comments and recommendations. The purpose of these mailings, and those required at the time of Planning Board and District Council hearings, is for informational purposes only. The failure of the Planning Board to send, or a property owner or municipality to receive, the notice shall not invalidate the adoption or approval of the Chesapeake Bay Critical Area Overlay Zoning Map Amendment.
4. (d)
   The Planning Board shall review the proposal of the Technical Staff and shall hold a public hearing on the matter. After the public hearing, the Planning Board shall take action on the proposal and shall transmit its recommended Chesapeake Bay Critical Area Overlay Zoning Map Amendment to the District Council for public hearing and final action.
5. (e)
   Upon transmittal of the recommended Chesapeake Bay Critical Area Overlay Zoning Map Amendment to the District Council, both the Planning Board and the Zoning Hearing Examiner shall cease accepting and processing all Zoning Map Amendment and Special Exception applications within the boundaries of the proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment until after final action by the District Council on the Chesapeake Bay Critical Area Overlay Zoning Map Amendment. Any application pending before the District Council at the time of transmittal shall immediately be remanded to the Office of the Zoning Hearing Examiner.

(CB-72-1987)

Effective on: 1/1/1901

When the District Council approves Chesapeake Bay Critical Area Overlay Zones, it may, as part of its approval, change an underlying zone to any other zone, except a Comprehensive Design Zone; provided, however, that no land located in an area to be classified in the Resource Conservation Overlay Zone may be placed in the M-X-T Zone or any Commercial or Industrial Zone. No land may be rezoned to a Comprehensive Design Zone through the Chesapeake Bay Critical Area Overlay Zoning Map Amendment procedures.

(CB-72-1987)

Effective on: 1/1/1901

1. (a)
   Notice.

   1. (1)
      The Planning Board shall release the proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment for public inspection at least sixty (60) days prior to its scheduled public hearing. Written notice of the hearing shall be mailed to all property owners within the boundaries of the proposed Overlay Zones, and to any municipality lying, wholly or in part, within, or within one (1) mile of, the boundaries of the proposed Zones. Notice of the date, time, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least thirty (30) days prior to the scheduled hearing date. At least sixty (60) days prior to the scheduled hearing date, a copy of the proposal shall be sent to all public agencies and municipalities with operational or planning responsibilities within the boundaries of the proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment; and to the Historic Preservation Commission, if any property within the proposed Overlay Zones is an identified historic resource on the Adopted and Approved Historic Sites and Districts Plan of Prince George's County, Maryland.
2. (b)
   Planning Board action.

   1. (1)
      The Planning Board may recommend approval, or approval with modifications, of the proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment. The Planning Board shall take action, by resolution adopted at a regularly scheduled public meeting, not more than forty-five (45) days after the public hearing. The Planning Board shall transmit its recommendation to the District Council within one hundred six (106) calendar days of the release for public inspection.

(CB-72-1987)

Effective on: 1/1/1901

1. (a)
   Public hearing and notice.

   1. (1)
      The District Council shall hold a public hearing on the proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment within sixty (60) days following receipt of the Planning Board's recommendation. Notice of the date, time, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least thirty (30) days prior to the hearing date. In addition, written notice of the date, time, and place of the hearing shall be sent to all owners of land and any municipality lying, wholly or in part, within, or within one (1) mile of, the proposed boundary.
2. (b)
   Amendment of Planning Board proposal.

   1. (1)
      Prior to taking final action, the District Council may propose amendments of the Chesapeake Bay Critical Area Overlay Zoning Map Amendment, including any changes in the underlying zones, except that no land may be rezoned to a Comprehensive Design Zone. No M-X-T, Commercial, or Industrial Zone shall be approved for any land classified in the Resource Conservation Overlay Zone. The Council shall hold a public hearing on the proposed amendments within sixty (60) days of the first hearing. At least fifteen (15) days prior to the hearing, notice of the date, time, and place of the hearing on the proposed amendments shall appear at least one (1) time in the County newspapers of record. This same notice shall also be sent to all owners of land and any municipality lying, wholly or in part, within, or within one (1) mile of, the proposed boundary.
   2. (2)
      All proposed amendments shall be referred to the Planning Board. The Planning Board shall submit its written comments to the Council prior to, or at the time of, the public hearing on the proposed amendments.
3. (c)
   Time for final action.

   1. (1)
      The Council shall take final action on the Map Amendment at any time within thirty (30) days after the final public hearing, but not later than one hundred sixty (160) calendar days after receipt of the original proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment from the Planning Board. If no final action is taken within this time period, the Chesapeake Bay Critical Area Overlay Zoning Map Amendment shall be deemed disapproved.
4. (d)
   Voting requirements.

   1. (1)
      The approval of a Chesapeake Bay Critical Area Overlay Zoning Map Amendment shall be by Ordinance, and shall be by majority vote of the full Council. A two-thirds (2/3) majority vote of the full Council shall be required to approve any portion of the Map Amendment contrary to the recommendation of a municipality concerning land within its boundaries.
5. (e)
   Required findings.

   1. (1)
      Prior to approving the Chesapeake Bay Critical Area Overlay Zoning Map Amendment, the Council shall make the following findings:

      1. (A)
         Land placed in the Intense Development Overlay Zone occupies a gross area of at least twenty (20) contiguous acres, or the entire upland portion of the Chesapeake Bay Critical Area within the boundary of a municipality, whichever is less, and exhibits at least one (1) of the following characteristics:

         1. (i)
            A concentration of industrial, commercial, or institutional uses;
         2. (ii)
            Residential density equal to or greater than four (4) dwelling units per gross acre;
         3. (iii)
            Existing water and sewerage systems serving the area, and residential density greater than three (3) dwelling units per gross acre; or
         4. (iv)
            Rights-of-way of existing roads having a Freeway or higher classification.
      2. (B)
         Land classified in the Limited Development Overlay Zone exhibits at least one (1) of the following characteristics:

         1. (i)
            Residential density ranging from one (1) dwelling unit per five (5) gross acres up to four (4) dwelling units per gross acre;
         2. (ii)
            Areas not dominated by agriculture, wetlands, forest, barren land, or surface water;
         3. (iii)
            Areas having public water, public sewer, or both; or
         4. (iv)
            Areas possessing one (1) or more characteristics of land classified in the Intense Development Overlay Zone, regardless of the size of the area.
      3. (C)
         Land classified in the Resource Conservation Overlay Zone exhibits at least one (1) of the following characteristics:

         1. (i)
            Residential density of less than one (1) dwelling unit per five (5) gross acres; or
         2. (ii)
            Areas dominated by agriculture, wetland, forest, barren land, or surface water.
      4. (D)
         Adequate attention has been paid to the recommendations of Area Master Plans and the General Plan which are found to be applicable to property within the Chesapeake Bay Critical Area Overlay Zones.
      5. (E)
         The Chesapeake Bay Critical Area Commission has approved the Chesapeake Bay Critical Area Overlay Zoning Map Amendment.
6. (f)
   Notice of approval.

   1. (1)
      Notice of approval of a Chesapeake Bay Critical Area Overlay Zoning Map Amendment shall be published by the Clerk of the Council at least one (1) time in the County newspapers of record, and shall be sent to the Planning Board, the Commission, all owners of land, and any municipality lying, wholly or in part, within, or within one (1) mile of, the boundaries of the Chesapeake Bay Critical Area Overlay Zones.
7. (g)
   Effect on pending applications.

   1. (1)
      Approval of the Chesapeake Bay Critical Area Overlay Zoning Map Amendment shall constitute final action on all pending Zoning Map Amendment applications within the boundaries of the approved Overlay Zones for all applications reviewed and either specifically approved or denied by the District Council, except applications requesting Comprehensive Design Zones on land placed within the L-D-O and I-D-O Zones. All piecemeal Euclidean zoning applications not specifically approved or denied by the District Council during the adoption of the Overlay Zones shall proceed in accordance with Section 27-129, with notice of such applications being made to the Chesapeake Bay Critical Area Commission. Applications requesting any Commercial, Industrial, M-X-T, or Comprehensive Design Zones on land placed within the R-C-O Zone shall stand disapproved.
   2. (2)
      Applicants who wish to proceed with an application requesting a Comprehensive Design Zone on land placed within the L-D-O or I-D-O Zone, on which processing had been postponed or which had been remanded, shall so notify the Planning Board or Zoning Hearing Examiner (as appropriate) in writing. The application shall be processed in accordance with all procedures and requirements which normally apply to Comprehensive Design Zoning Map Amendment applications; and conformance with any additional requirements imposed by the Chesapeake Bay Critical Area Overlay Zones shall be prerequisite for approval. Failure of an applicant to notify the Planning Board or Zoning Hearing Examiner within thirty (30) days after the Chesapeake Bay Critical Area Overlay Zoning Map Amendment is approved shall constitute withdrawal of the application, and the provisions of Section 27-183 shall apply.

      1. (A)
         In the case of applications pending before (and remanded to) the Zoning Hearing Examiner, where the Examiner determines that the requirements of the L-D-O or I-D-O Zone necessitate amendment of the Basic Plan (or amendment of a Comprehensive Design Plan or Specific Design Plan submitted for consideration concurrently with the Zoning Map Amendment application pursuant to the provisions of Section 27-532), he shall so notify the applicant (in writing) and the District Council shall remand the application to the Planning Board for receipt of the amended Plan(s) and consideration thereof by the Technical Staff and the Planning Board.
      2. (B)
         In the case of applications pending before the Planning Board, where the Planning Board (or its authorized representative) determines that the requirements of the L-D-O or I-D-O necessitate amendment of the Basic Plan (or amendment of a Comprehensive Design Plan or Specific Design Plan submitted for consideration concurrently with the Zoning Map Amendment application pursuant to the provisions of Section 27-532), it shall so notify the applicant (in writing).
      3. (C)
         Once amended, the application shall be treated as a new application.
      4. (D)
         Failure of an applicant to submit the amended plan(s) within ninety (90) days of the date of notice from the Zoning Hearing Examiner or Planning Board (as appropriate) shall constitute withdrawal of the application, and the provisions of Section 27-183 shall apply, unless the Planning Board, for good cause shown, grants one (1) extension of up to an additional ninety (90) days for submittal of the amended plan(s).
   3. (3)
      After approval of the Chesapeake Bay Critical Area Overlay Zoning Map Amendment, the processing of all pending Special Exception applications shall be resumed by the Planning Board and Zoning Hearing Examiner. The provisions of subparagraphs (A), (B), (C), and (D) of paragraph (2), above, shall also apply to Special Exception site plans, where the Zoning Hearing Examiner or Planning Board (or its authorized representative) determines that the requirements of the applicable Chesapeake Bay Critical Area Overlay Zone (R-C-O, L-D-O, or I-D-O Zone) necessitate amendment of such site plan. The provisions of subparagraphs (A), (B), (C), and (D) of paragraph (2), above, shall not apply to any Special Exception site plan for which the applicant files an application for an amendment to the Chesapeake Bay Critical Area Overlay Zone, to allow the development as proposed in the Special Exception site plan. Any such amendment to the Chesapeake Bay Critical Area Overlay Zone shall be filed no later than ninety (90) days after the date of notice from the Zoning Hearing Examiner or Planning Board, under subparagraph (A) of paragraph (2), unless the Planning Board, for good cause shown, grants one extension of up to ninety (90) days for the filing of the amendment application. If a Special Exception applicant submits a timely amendment application under this paragraph, then any Council remand under subparagraph (A) of paragraph (2) shall be nullified, and the processing of the Special Exception application shall be resumed by the Planning Board and Zoning Hearing Examiner.
   4. (4)
      If the District Council amends a proposed Chesapeake Bay Critical Area Overlay Zoning Map Amendment by modifying the boundaries of the proposed Overlay Zone in a manner that excludes land which is the subject of a pending Zoning Map Amendment or Special Exception application from the approved Overlay Zone, the Planning Board and Zoning Hearing Examiner, as appropriate, shall resume the normal processing of, or return to the District Council, the pending Zoning Map Amendment or Special Exception application.
   5. (5)
      If a Chesapeake Bay Critical Area Overlay Zoning Map Amendment is disapproved by the District Council, the Planning Board and Zoning Hearing Examiner, as appropriate, shall resume the normal processing of, or return to the District Council, all pending Zoning Map Amendment and Special Exception applications upon which processing had ceased, or which were remanded to the Office of the Zoning Hearing Examiner in accordance with Section 27-213.08.

(CB-72-1987; CB-132-1988)

Effective on: 1/1/1901

1. (a)
   In general.

   1. (1)
      The Planning Board may, upon the concurrence of the District Council by resolution, initiate amendments to the approved Chesapeake Bay Critical Area Overlay (CBCA) Zoning Map. The initiating resolution shall specify the area of the Overlay Map to be amended and shall be processed in accordance with the provisions of this Subdivision for initial approval.
   2. (2)
      A request to change the boundaries or zone of an approved Chesapeake Bay Critical Area Overlay Zone may also be made by a property owner. The request shall be in the form of an application.
   3. (3)
      Except as provided for in this Section, amendments to change the boundaries of a Chesapeake Bay Critical Area Overlay Zone shall be approved by the District Council in accordance with the provisions of this Subdivision for initial approval. Amendments of Chesapeake Bay Critical Area Overlay Zones shall also be subject to Section 27-213.13, and shall be subject to approval by the Chesapeake and Atlantic Coastal Bays Critical Area Commission subsequent to approval by the District Council.
2. (b)
   Applications.

   1. (1)
      In general.

      1. (A)
         An application shall be filed with the Planning Board by the owner (or authorized representative) of the property. The District Council may suspend the filing of applications for up to one (1) year, if it determines that it is appropriate for any statutory zoning purpose.
      2. (B)
         All applications shall be on the forms provided. All information shall be typed, except for signatures.
      3. (C)
         If two (2) or more pieces of property are included in one (1) application, they must be adjoining. Separate applications are required for each property if they are not adjoining. In this Section, the word "adjoining" shall include those properties which are separated by a public right-of-way, stream bed, or the like.
   2. (2)
      A complete application consists of :

      1. (A)
         A completed application form including:

         1. (i)
            The name, address, and telephone number of the applicant, and an indication of the applicant's status as contract purchaser, agent, or owner (to include the contract purchaser if any);
         2. (ii)
            The existing and requested zoning overlay of the property (including any requested changes in underlying zones);
         3. (iii)
            The street address of the property; name of any municipality the property is in; name and number of the Election District the property is in;
         4. (iv)
            The total area of the property (in either acres or square feet);
         5. (v)
            The property's map, lot and block numbers, subdivision name, plat book and page number, if any; or a description of its acreage, with reference to liber and folio numbers;
         6. (vi)
            The name, address, and signature of each owner of record of the property; and
         7. (vii)
            The names, addresses, map and parcel or lot number of all adjoining property owners, and each municipality if any part of the property in the application is located within the municipal boundaries, or is located within one (1) mile of the municipality.
      2. (B)
         Applications for property owned by a corporation shall include:

         1. (i)
            The name, address, and telephone number of the officer(s) of the corporation;
         2. (ii)
            A statement listing the names and the business and residential addresses of all individuals having at least a five percent (5%) financial interest in the subject property;
         3. (iii)
            A statement listing the officers of the corporation, their business and residential addresses, and the dates on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;
         4. (iv)
            A statement containing the names and addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security including stocks and serial maturity bonds (except one listed on a national stock exchange);
         5. (v)
            The names and addresses of all adjoining property owners, and each municipality if any part of the property in the application is located within the municipal boundaries, or is located within one (1) mile of the municipality; and
         6. (vi)
            Be signed by an officer empowered to act for the corporation and signed by the contract purchaser if any.
      3. (C)
         Eight (8) copies of an accurate plat, prepared, signed, and sealed by a registered engineer or land surveyor. The plat shall show:

         1. (i)
            The present configuration of the property, including bearings and distances (in feet);
         2. (ii)
            The names of owners of record, map or subdivision, lot and block numbers, of all adjoining properties;
         3. (iii)
            The name, location, distance to the center line, and right-of-way width of all abutting streets. If the property is not located at the intersection of two (2) streets, the distance to, and the name of, the nearest intersecting street shall be indicated;
         4. (iv)
            The subdivision lot and block numbers of the subject property (if any);
         5. (v)
            A north arrow and scale (not smaller than one (1) inch equals four hundred (400) feet);
         6. (vi)
            The total area of the property (in either square feet or acres);
         7. (vii)
            The location of all existing buildings on the property; and
         8. (viii)
            The subject property outlined in red.
      4. (D)
         Four (4) copies of the appropriate Zoning Map page on which the property is plotted to scale and outlined in red with proposed zoning.
      5. (E)
         Eight (8) copies of a Conceptual Conservation Plan of any proposed development. The Conceptual Conservation Plan shall include all elements of a Conservation Plan as outlined in 5B-110(d) including the following:

         1. (i)
            Proposed Chesapeake Bay Critical Area (CBCA) Overlay Zone and proposed boundaries for all parcels or lots;
         2. (ii)
            Location of a new Intensely Developed Overlay or a Limited Development Overlay in a Resource Conservation Overlay at least 300 feet beyond the landward edge of tidal wetlands or tidal waters.
      6. (F)
         A Natural Resource Inventory (NRI), prepared in conformance with the Environmental Technical Manual;
      7. (G)
         An environmental report demonstrating that the project will be designed and can be constructed so as to comply with all requirements of the proposed CBCA classification. The environmental report shall include, at a minimum, the following:

         1. (i)
            Project description;
         2. (ii)
            Subdivision history since December 1, 1985 in the Chesapeake Bay Critical Area (CBCA);
         3. (iii)
            A narrative describing the project type and use(s), including industrial, residential, commercial, institutional, or port-related, as it relates to the need to change the CBCA classification, and which describes how the growth allocation supports the planning goals of all applicable master plans and functional master plans, it optimizes benefits to water quality through clustering, woodland conservation, and use of best management practices for stormwater management and erosion and sediment control, including reference to the relevant sections of the Zoning Ordinance;
         4. (iv)
            Total acreage in the CBCA;
         5. (v)
            Total acreage in the proposed CBCA Overlay Zone
         6. (vi)
            Total forest woodland and vegetated areas existing and acreage proposed to be cleared;
         7. (vii)
            Calculations of required mitigation for clearing of woodland and vegetated areas;
         8. (viii)
            The minimum 15 percent afforested areas in the CBCA;
         9. (ix)
            Method and description of proposed stormwater quality and quantity management;
         10. (x)
             Compliance with the 10% pollutant reduction rule in the Intensely Developed Overlay, including worksheets and all supporting documentation;
         11. (xi)
             Soil erosion and sediment control measures and implementation strategies;
         12. (xii)
             The existing and proposed lot coverage calculations as defined in section 27.107.01 of the Zoning Ordinance, calculated by square footage of the Zoning lot coverage per lot and for the site as a whole;
         13. (xiii)
             The existing and proposed CBCA lot coverage calculations as defined in Subtitle 5B.103 of the Zoning Ordinance, calculated by square footage of the CBCA lot coverage for each lot and for the site as a whole;
         14. (xiv)
             The underlying zoning district and description of primary use;
         15. (xv)
             Preliminary review and comments from the appropriate units of the Department of Natural Resources, Maryland Department of the Environment and the Army Corps of Engineers for existing resources on the project site.
         16. (xvi)
             A Buffer Management plan if:

             27. (aa)
                 A Buffer is required to be established on the development site as a condition of the development,
             28. (bb)
                 A proposed development activity impact to the Buffer, or
             29. (cc)
                 The removal of woodland or vegetation, including invasive species management, in the Buffer is proposed;
         17. (xvii)
             The Buffer Management Plan must show at minimum:

             27. (aa)
                 Existing vegetation within the Buffer;
             28. (bb)
                 Any vegetation in the Buffer that is proposed to be removed;
             29. (cc)
                 The location and square feet of disturbance in the Buffer associated with a development activity;
             30. (dd)
                 A proposed planting plan showing the plantings required to establish the Buffer or as mitigation for proposed impacts including the size, species and location of all proposed plantings;
             31. (ee)
                 Any written descriptions, specifications, easement, or other protective agreement necessary to ensure implementation of the Buffer Management Plan including bonding to ensure long-term maintenance of vegetation in the Buffer and recorded easement to ensure long-term protection.
         18. (xviii)
             A Habitat Protection Plan if the proposed development will impact an identified Habitat Protection Area with specific language that:

             27. (aa)
                 Provides for the protection and conservation of any identified habitat or species as set forth in COMAR 27.01.09 on the project site; and
             28. (bb)
                 Includes all protective measures necessary and appropriate to provide for long-term conservation of the identified habitat and species;
             29. (cc)
                 Requires the plan be based on consultation and comments provided by the Department of Natural Resources and other appropriate federal and State agencies.
      8. (H)
         Three (3) copies of a typewritten statement of justification in support of the request. The statement shall set forth the legal basis by which the requested amendment can be approved, and factual reasons showing why approval of the request will not be detrimental to the public health, safety, and welfare. This statement may be accompanied by three (3) copies of any material which (in the applicant's opinion) is necessary to clarify or emphasize the typewritten statement. This additional material, if not foldable, shall be not larger than eighteen (18) by twenty-four (24) inches;
      9. (I)
         Additional information as deemed necessary by the Planning Board or designee to evaluate the proposal.
3. (c)
   Procedure.

   1. (1)
      After the application is accepted, it shall be distributed to all appropriate referral agencies, and Department of the Environment, Department of Natural Resources, Maryland Historical Trust, Army Corps of Engineers and the Technical Staff, and processed in accordance with Section 27-213.13, and in accordance with the provisions of this Section.
   2. (2)
      Referral to Historic Preservation Commission.

      1. (A)
         When a historic resource included on the Adopted and Approved Historic Sites and Districts Plan is located on the subject property, the application shall be referred to the Historic Preservation Commission, at time of initial distribution of application.
      2. (B)
         The Historic Preservation Commission shall submit its comments and recommendations for the record within forty five (45) days prior to the Planning Board hearing. Failure of the Historic Preservation Commission to submit a recommendation within this time period shall constitute no objection to the approval of the Map Amendment, as requested.
4. (d)
   General publication.

   1. (1)
      Within ten (10) days after the end of each month, the Planning Board shall provide a list of all Map Amendment applications filed during that month, arranged according to Election District. The list shall set forth the name of the applicant, the size and description of the property, and the existing and proposed zoning classifications (both overlay and underlying) of the property. The Planning Board shall make the list available free of charge (on an individual and subscription basis) but may establish a fee for mailing the list to cover the costs of postage and handling.
   2. (2)
      One copy of the list described in this Subsection shall be mailed by the Planning Board on a subscription basis without charge to every municipality as well as any homeowners, neighborhood, civic, or similar association within a one mile radius of the project that is the subject of the application.
5. (e)
   Transmittal(s).

   1. (1)
      At least thirty (30) days prior to the public hearing, the application, plans, maps, specifications, Technical Staff Report, and all other data, materials, and record evidence (to date) pertaining to the requested Map Amendment shall be sent by the Planning Board to the District Council.
   2. (2)
      At least thirty (30) days prior to the Planning Board hearing, a copy of the Map Amendment application, the Conceptual Conservation Plan and map shall be sent to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays for their initial review and comment.
6. (f)
   Public examination.

   1. (1)
      At least thirty (30) days prior to the public hearings, the original Map Amendment application file shall be available for public examination in the Office of the Clerk of the Council, and a copy of the file shall be available for public examination in the Planning Director's office. This file may be reviewed by anyone, and copies of its contents may be obtained at reasonable cost.
7. (g)
   Technical Staff Report.

   1. (1)
      In connection with each application, a report by the Technical Staff shall be submitted to the Planning Board for its review. The Report shall contain the following:

      1. (A)
         The staff's recommendation;
      2. (B)
         A delineation of the approximate area of the neighborhood, which shall be shown on either a Zoning Map, aerial photograph, or sketch map;
      3. (C)
         A description of land use and zoning in the neighborhood;
      4. (D)
         In cases where the staff recommends an overlay zone different than that requested, an analysis of the alternative overlay zone recommended; and
      5. (E)
         Comments from the Critical Area Commission and other referral agencies or departments that are relevant to the project.
   2. (2)
      The Technical Staff Report shall be sent to all persons of record, and all other persons who request (in writing) a copy of the report. A copy of the report shall be included in the record.
   3. (3)
      The Technical Staff Report shall advise the reader that a hearing before the Planning Board will not be held unless the Board notifies all persons listed under paragraph (2), above.
   4. (4)
      The Technical Staff Report shall contain the date of the Planning Board meeting during which the Board will decide whether to hear the case.
8. (h)
   Planning Board procedures.

   1. (1)
      The Planning Board shall decide whether it will hold a hearing on each case (after receiving the Technical Staff Report).
   2. (2)
      If the Board does not decide to hear a case within fifteen (15) days after the Technical Staff Report has been publicly released (or at its first meeting after its release if none had occurred within the fifteen (15) days), the Technical Staff's recommendation shall constitute the Planning Board's recommendation. In this event, the report shall immediately be transmitted to the District Council, together with the application and all other record material.
   3. (3)
      If the Board decides to hear the case, it shall set a hearing date which shall be at least thirty (30) days after deciding to hear the case. The Board shall notify (in writing) all persons of record, and all other persons who requested (in writing) a copy of the Technical Staff Report, of the hearing date.
   4. (4)
      Prior to or at the Planning Board's hearing, the applicant and any other person may submit written responses to the Technical Staff Report, together with any supporting material. If it is not foldable, the material shall be not larger than eighteen (18) by twenty-four (24) inches. The responses shall become a part of the record that will be forwarded to the District Council.
   5. (5)
      The following procedures shall be observed at the Planning Board:

      1. (A)
         No one shall present evidence after the hearing is concluded, unless a rehearing is ordered;
      2. (B)
         All hearings shall be open to the public;
      3. (C)
         The Planning Board shall make its recommendation only on the basis of the record before it;
      4. (D)
         Any action shall be by a resolution adopted at a regularly scheduled public meeting;
      5. (E)
         The resolution shall be transmitted to the District Council, together with the original application and all other record material pertaining to the Zoning Map Amendment application;
      6. (F)
         Copies of the minutes of the Planning Board hearing shall be available for public inspection. The minutes may be copied by anyone during normal working hours; and
      7. (G)
         Upon recommending approval of an application for growth allocation, the Planning Board shall forward a copy of the Resolution to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays.
9. (i)
   Zoning Hearing Examiner hearing procedures.

   1. (1)
      The Zoning Hearing Examiner shall conduct a public hearing, in accordance with PART 3, Division 1, Subdivision 2, of this Subtitle.
10. (j)
    District Council hearing (oral argument) procedures.

    1. (1)
       The District Council shall hold a public hearing (including an oral argument) in accordance with PART 3, Division 1, Subdivision 3, of this Subtitle.
    2. (2)
       Upon their approval of an application for growth allocation, the District Council shall within 10 working days after the date of issuance, forward a Notice of Intent to award growth allocation for the project to the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays for approval. The Notice of Intent must include a statement regarding how the provisions of Section 27.213.13(b)(1) have been met and all of the components of the complete application.
    3. (3)
       Approval of the growth allocation by the District Council does not constitute approval of a Conservation Plan. A separate Conservation Plan application in conformance with Subtitle 5B is required prior to permit issuance.

(CB-72-1987; CB-57-1989; CB-95-1991; CB-86-1992; CB-14-1998; CB-15-1998; CB-41-2002; CB-12-2003; CB-1-2004; CB-76-2010)

Effective on: 1/1/1901

1. (a)
   Mistake rule.

   1. (1)
      Except for Subsection (b), no application for amendment of a Chesapeake Bay Critical Area Overlay Zone shall be granted without the applicant proving that there was a mistake in the original zoning or subsequent rezoning.
2. (b)
   Expansion of Intense Development and Limited Development Overlay Zones.

   1. (1)
      The boundaries of the Intense Development and Limited Development Overlay Zones may be expanded within the Chesapeake Bay Critical Area only in accordance with the following:

      1. (A)
         Acreage. The maximum area of future additional Intense Development or Limited Development Overlay Zones shall be five percent (5%) of the total area designated as Resource Conservation Overlay Zones at the time of adoption of the initial Chesapeake Bay Critical Area Overlay Zoning Map Amendment. A maximum of fifty percent (50%) of the permissible growth increment may be used to rezone a Resource Conservation Overlay Zone to another Chesapeake Bay Critical Area Overlay Zone.
      2. (B)
         Location. Expanded Intense Development or Limited Development Overlay Zones may be approved subject to the following locational criteria:

         1. (i)
            New Intense Development Overlay Zones shall:

            27. (aa)
                Be located in existing Limited Development Overlay Zones or contiguous to existing Intense Development Overlay Zones;
            28. (bb)
                Be located at least three hundred (300) feet from tidal waters or tidal wetlands if the land was originally designated in the Resource Conservation Overlay Zone, except for Water-Dependent Uses; and
            29. (cc)
                Be located in a manner that minimizes impacts to the defined land uses of the Resource Conservation Overlay as noted in subsection 27-548.15.
         2. (ii)
            New Limited Development Overlay Zones shall:

            27. (aa)
                Be located contiguous to existing Limited Development Overlay Zones or Intense Development Overlay Zones;
            28. (bb)
                Be located at least three hundred (300) feet from tidal waters or tidal wetlands if the land was originally designated in the Resource Conservation Overlay Zone, except for Water-Dependent Uses; and
            29. (cc)
                Be located in a manner that minimizes impacts to the defined land uses of the Resource Conservation Overlay as noted in subsection 27-548.15.
      3. (C)
         Additional considerations. In reviewing map amendments or refinements involving the use of growth allocation, the following factors shall be considered:

         1. (a)
            Consistency with the General Plan; all applicable master and sector plans; the current water and sewer plan; and Priority Funding Areas; and whether the growth allocation would implement the goals, objectives, policies and strategies of the adopted plans.
         2. (ii)
            For a map amendment or refinement involving a new L-D-O, whether the development is:

            27. (aa)
                To be served by a public wastewater system or septic system that uses the best available nitrogen removal technology;
            28. (bb)
                A completion of an existing subdivision;
            29. (cc)
                An expansion of an existing business; or
            30. (dd)
                To be developed using the Conservation Subdivision option;
         3. (c)
            For a map amendment or refinement involving a new I-D-O:

            27. (aa)
                To be served by a public wastewater system;
            28. (bb)
                To have an allowed average density of at least 3.5 units per acre as calculated under section 5-7B-03(h) of the state Finance Procurement Article;
            29. (cc)
                For a new I-D-O that is greater than 20 acres, to be located in a Priority Funding Area, as described under Section 5-7B-02(1) and 5-7B-03 of the state finance and procurement article; and
            30. (dd)
                To have a demonstrable economic benefit to the area.
         4. (d)
            The use of existing public infrastructure, where practical;
         5. (v)
            Consistency with State and regional environmental protection policies concerning the protection of threatened and endangered species and species in need of conservation that may be located on- or off-site;
         6. (f)
            Impacts on a priority preservation area, as defined under § 2-518 of the Agriculture Article;
         7. (g)
            Environmental impacts associated with wastewater and stormwater management practices and wastewater and stormwater discharges to tidal waters, tidal wetlands, and tributary streams; and
         8. (h)
            Environmental impacts associated with location in a coastal hazard area or an increased risk of severe flooding attributable to the proposed development.
      4. (D)
         Additional requirements. Prior to developing land in an expanded Chesapeake Bay Critical Area Overlay Zone, the area shall be mapped and submitted to the Chesapeake Bay Critical Area Commission for informational purposes only. This submission shall include an analysis of:

         1. (i)
            The manner in which the proposed expansion conforms to the locational criteria;
         2. (ii)
            How the proposed expansion affects the total growth allocation; and
         3. (iii)
            How the proposed expansion will accommodate the growth needs of municipalities impacted by the Chesapeake Bay Critical Area Overlay Zones.
3. (c)
   Conditional approval.

   1. (1)
      When it approves a Zoning Map Amendment for a Chesapeake Bay Critical Area Overlay Zone, the District Council may impose reasonable requirements and safeguards (in the form of conditions) which the Council finds are necessary to:

      1. (A)
         Protect surrounding properties and property within the Chesapeake Bay Critical Area Overlay Zones from adverse effects which might accrue from the requested amendment; or
      2. (B)
         Further enhance the coordinated, harmonious, and systematic development of land within the Chesapeake Bay Critical Area Overlay Zones, including the use of time limitations for the commencement of construction.
   2. (2)
      In no case shall these conditions waive or lessen the requirements of, or prohibit uses allowed in, the approved Overlay Zone.
   3. (3)
      All building plans shall list the conditions and shall show how the proposed development complies with them.
   4. (4)
      Conditions imposed by the District Council shall become a permanent part of the Zoning Map Amendment, and shall be binding for as long as the Overlay Zone remains in effect on the property (unless amended by the Council).
   5. (5)
      If conditions are imposed, the applicant shall have ninety (90) days from the date of approval to accept or reject the rezoning as conditionally approved. He shall advise the Council (in writing), accordingly. If the applicant accepts the conditions, the Council shall enter an order acknowledging the acceptance and approving the Zoning Map Amendment, at which time the Council's action shall be final. Failure to advise the Council shall be considered a rejection of the conditions. Rejection shall void the Zoning Map Amendment and revert the property to its prior zoning classification. The Council shall enter an order acknowledging the rejection, voiding its previous decision, and reverting the property to its prior zoning classification, at which time the Council's action shall be final.
   6. (6)
      All Zoning Map Amendments which are approved subject to conditions shall be shown on the Zoning Map with the letter "C" after the application number.
4. (d)
   Noncompliance with conditions.

   1. (1)
      All conditions imposed shall be mandatory. The failure to comply with any condition shall constitute a zoning violation and shall be grounds for the Council to:

      1. (A)
         Annul the Map Amendment;
      2. (B)
         Revoke a grading, building, or use and occupancy permit;
      3. (C)
         Institute appropriate civil or criminal proceedings; or
      4. (D)
         Institute any other action necessary to obtain compliance.
   2. (2)
      Before the District Council annuls an approved conditional Zoning Map Amendment for a Chesapeake Bay Critical Area Overlay Zone, the Zoning Hearing Examiner shall hold a public hearing, in accordance with Section 27-129, and transmit a written recommendation on the matter. The following procedures shall be followed:

      1. (A)
         A petition shall be filed with the Clerk of the Council by the Director of the Department of Permitting, Inspections, and Enforcement (or his designee) requesting the Council to annul the Zoning Map Amendment. The petition shall state the reasons for the request. At the same time, a copy of the petition shall be sent to the Planning Board.
      2. (B)
         The Planning Board shall submit a written recommendation on the petition to the Council.
      3. (C)
         After the close of the hearing record, the Zoning Hearing Examiner shall file a written recommendation with the District Council.
      4. (D)
         Any person of record may appeal the recommendation of the Zoning Hearing Examiner within fifteen (15) days of the filing of the Zoning Hearing Examiner's recommendation with the District Council. If appealed, all persons of record may testify before the District Council.
      5. (E)
         Persons arguing shall adhere to the District Council's Rules of Procedure, and argument shall be limited to thirty (30) minutes for each side, and to the record of the hearing.
5. (e)
   Approval of a zone different from that requested.

   1. (1)
      The District Council may approve a less intense zone than that requested by the applicant for any part of the subject property involved in the application.
   2. (2)
      If the subject property is located within the boundaries of a municipality, a less intense zone may only be approved if there was testimony on the less intense zone and an opportunity provided for the municipality to make a recommendation.
6. (f)
   Effect on Special Exceptions.

   1. (1)
      When any land upon which a Special Exception has been approved is reclassified to a zoning category different from that category in which it was classified at the time the Special Exception was approved, the following shall apply, unless otherwise specified elsewhere in this Subtitle:

      1. (A)
         If, at the time of the rezoning, the approved use requires the approval of a Special Exception in the new zone, and the specific Special Exception requirements governing the use are the same in both zones, the Special Exception, as approved, shall remain in full force and effect.
      2. (B)
         If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this subparagraph shall be subject to PART 4, DIVISION 1, Subdivisions 10, 11, and 12.
      3. (C)
         If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.
      4. (D)
         If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a Special Exception, the Special Exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property.

(CB-72-1987; CB-57-1989; CB-56-1993; CB-1-2004; CB-76-2010; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   Requests to amend an application shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative). The amendment of applications shall be subject to the following:

   1. (1)
      Amendments concerning an error, omission of fact, or other factual change not mentioned below in this Section shall be permitted at any time.
   2. (2)
      Amendments which change the total area or configuration of a property shall be made before the application is transmitted to the Council. If the area is increased, the appropriate additional filing fee shall be paid.
   3. (3)
      Amendments which change the requested zoning classification shall be accompanied by a new (revised) justification statement. The amendment shall also be the subject of a new (revised) Technical Staff Report or a statement by the Technical Staff that a new (revised) report is unnecessary. Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted. Where the Technical Staff recommends an amendment, the applicant may request the amendment within fifteen (15) days after the date of the public release of the Technical Staff Report, in which case the request shall be administratively granted. If the Planning Board hears the case, and either the amendment is different than one recommended by the staff or the fifteen (15) days have lapsed, the amendment request shall be directed to the Planning Board prior to or on the date on which it first hears the application, or within ten (10) days after the date the Planning Board recommends the amendment. The amendment shall not be permitted if more than ten (10) days have elapsed since the date of the Planning Board's recommendation.
   4. (4)
      Notification of any amendments shall be furnished to any person who has requested (in writing) a copy of the Technical Staff Report.

(CB-72-1987)

Effective on: 1/1/1901

1. (a)
   Any application may be withdrawn. All requests for withdrawal shall be in writing and signed by the owner of record. The request may be submitted only by the applicant (or his authorized representative).
2. (b)
   Requests made prior to the date the application is transmitted to the Council shall be directed to the Planning Board.
3. (c)
   Requests made on or after the date the application is transmitted to the Council shall be directed to the District Council.
4. (d)
   Requests received prior to the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-213.16 shall not apply.
5. (e)
   Requests received on or after the date of the public release of the Technical Staff Report shall be administratively granted, and the provisions of Section 27-213.16 shall apply.

(CB-72-1987)

Effective on: 1/1/1901

No new Zoning Map Amendment application may be filed on the same land until two (2) years have elapsed after final action (including appellate review) on a previous application. After two (2) applications on the same land have been acted upon, four (4) years must elapse before another application on the same land may be filed. No land shall be the subject of two (2) applications for Map Amendment at the same time.

(CB-72-1987)

Effective on: 1/1/1901

An application for a Map Amendment may be filed or considered at the same time that a Special Exception application on the same land is filed or considered.

(CB-72-1987)

Effective on: 1/1/1901

This Subdivision contains the procedures for classifying property in the Architectural Conservation Overlay Zone, by designating an Architectural Conservation District, and for approving an Architectural Conservation Plan. Unless otherwise indicated, these procedures take the place of any other Zoning Map Amendment provisions contained in this Subtitle.

(CB-27-2001)

Effective on: 1/1/1901

1. (a)
   As used in this Subdivision, the following definitions shall apply:

   1. (1)
      Architectural Conservation District: An area of land designated by action of the District Council for the purpose of protecting the character of single-family neighborhoods.
   2. (2)
      Architectural Conservation District Authorization: A document approved by application to authorize alteration to the exterior of an existing building within an Architectural Conservation District that is not otherwise covered by building permit requirements in the County Code.
   3. (3)
      Architectural Sketch Plan: A visual rendering of proposed alteration(s) on a site depicting elevation, placement and visible details of the alteration(s) as required by the Architectural Conservation District Plan. For purposes of this Subdivision, this rendering shall not necessarily be drawn to scale.
   4. (4)
      Limited Architectural Conservation District: A form of an Architectural Conservation District, administered in accordance with this Subdivision, that regulates only residential projects of a limited nature, as established by the Plan.
   5. (5)
      Ordinary Maintenance: Work that does not alter the façade of a building or structure, or has no material effect on the architectural significance of the building or structure. This definition applies to properties within an Architectural Conservation Overlay Zone.

(CB-5-2012)

Effective on: 1/1/1901

1. (a)
   Designation of an Architectural Conservation District may be initiated by resolution of the District Council if it finds that the Architectural Conservation District will include twenty (20) or more adjacent developed or undeveloped residential lots or parcels in a single family residential zone; will follow property lines, streets, or permanent natural features; will not exclude part of an included property; falls completely within the corporate boundaries of a municipality, but does not include property in more than one municipality; and the municipality in which the proposed District is located requests designation, by resolution of the city or town council.
2. (b)
   After it makes the findings required in Subsection (a), the District Council may adopt a resolution authorizing the Planning Board to prepare an Architectural Conservation Plan for the District. The resolution shall define the boundaries of the proposed District, subject to redefinition after a joint public hearing with the Planning Board.
3. (c)
   The authorizing resolution shall be advertised in the County newspapers of record. It shall be available for inspection at the offices of the Planning Board, the Clerk of the Council, and the public libraries within one mile of the proposed District.
4. (d)
   An application for a Limited Architectural Conservation District may be considered and approved as provided in this Section.

(CB-27-2001; CB-5-2012)

Effective on: 1/1/1901

1. (a)
   The Planning Board shall prepare an Architectural Conservation Plan for each proposed Architectural Conservation District within eight (8) months from the time of initiation.
2. (b)
   After receiving authorization to prepare an Architectural Conservation Plan, the Planning Board shall prepare a proposed Zoning Map and Architectural Conservation Plan text consistent with the District Council's authorizing resolution. The proposed Architectural Conservation Plan shall include at least the following information:

   1. (1)
      A summary physical description of the area to be included in the plan, as well as a graphic representation of the area's proposed boundaries delineated by lot, block, parcel, and subdivision or by streets, roads, streams, or other natural or topographic features.
   2. (2)
      A history of the neighborhood or neighborhoods within the plan boundaries and the development and evolution of structure types and uses. The history should also summarize the character of adjacent development not regulated by the plan.
   3. (3)
      A land use and zoning inventory including the requirements of each underlying zone for the following:

      Net Lot Area (Minimum in Square Feet)

      Lot Coverage

      Green Area

      Lot/Width Frontage (Minimum in Feet)

      Yards (Minimum Depth/Width in Feet)

      Building Height (Maximum in Feet, Main Building)

      Density (Maximum Dwelling Units Per Net Acre of Net Lot/Tract Area)

      Accessory Buildings

      If requested by a municipality and approved by the District Council, an Architectural Conservation District Plan may further restrict zoning densities, minimum lot sizes, setback and other zoning regulations established in the base zone.

   4. (4)
      A detailed inventory of the built environment, including a description of all structure types including both primary buildings and secondary buildings such as garages, shed, and accessory structures.
   5. (5)
      An architectural survey identifying architectural and urban design patterns that distinguish the District from other areas of the County.
   6. (6)
      Proposed design regulations which address building height and massing, building materials, façade treatments and architectural expression, siting, setbacks, landscaping, fences and walls, accessory structures, lighting, paving materials, and signs, as applicable.

      Acceptable materials lists shall include energy efficient materials where possible, and regulations for architectural elevations shall encourage the use of green or sustainable building practices.

   7. (7)
      An applicability section defining exemptions from the design regulations, including guidelines defining what constitutes ordinary maintenance.
   8. (8)
      If requested by a municipality and approved by the District Council, a section setting forth guidelines for approval of single family residential building projects whose scope of work results in an increase of the gross floor area of the existing structure of twenty percent (20%) or less or alterations exclusive of maintenance to the architectural elevations of existing residential structures.
   9. (9)
      The application for an Architectural Conservation District shall contain an analysis of the requirements of any homeowners' association that exists within the proposed boundaries of the District.
3. (c)
   The Planning Board and District Council shall hold a joint public hearing on the proposed Architectural Conservation Plan.

   1. (1)
      The public hearing shall be advertised in the newspapers of record at least thirty (30) days before the date of the hearing. The notice shall contain the date, time, place, and purpose of the hearing.
   2. (2)
      The Planning Board shall obtain from the Office of Assessments and Taxation a listing of the owners of land within the boundaries of the proposed Architectural Conservation District. The Board shall mail written notice thirty (30) days before the hearing of the proposed Architectural Conservation Plan to all listed property owners and the affected municipality. The notice shall include proposed boundaries of the area involved; the date, time, and place of the Planning Board's hearing; and ways to obtain additional information. The notice shall also advise the owners that approval of the Architectural Conservation Plan by the District Council could affect property values and property taxes. The mailing is for informational purposes only, and failure of the Planning Board to send or property owners to receive a mailing shall not invalidate an Architectural Conservation Plan.
4. (d)
   Within thirty (30) days after the public hearing, the Planning Board shall adopt and recommend a proposed Architectural Conservation Plan to the District Council. The Planning Board shall transmit the Adopted Architectural Conservation Plan to the District Council and to the municipality in which the proposed Architectural Conservation District is located.

(CB-27-2001; CB-5-2012)

Effective on: 1/1/1901

1. (a)
   After the District Council approves an authorizing resolution, the Clerk of the Council shall advise the Planning Director and the Director of the Department of Permitting, Inspections, and Enforcement.
2. (b)
   When the Planning Board gives notice of the joint public hearing, the Planning Director and the Director of the Department of Permitting, Inspections, and Enforcement shall also be given notice. Until approval of the proposed Architectural Conservation Plan or passage of 90 days after the notice of hearing, whichever first occurs, no building or grading permit may be approved by the Planning Department or issued by the Department of Permitting, Inspections, and Enforcement for property within the proposed Architectural Conservation District, except permits for interior or other work not significantly affecting a building or site's exterior appearance.
3. (c)
   After the District Council approves an Architectural Conservation Plan, all permit applications for property in the Architectural Conservation District shall meet the Plan's design regulations. All applications shall be processed under normal building or grading permit procedures.

(CB-27-2001; CB-29-2014)

Effective on: 1/1/1901

1. (a)
   The District Council shall take action on the Architectural Conservation Plan within sixty (60) days after the Planning Board's transmittal.
2. (b)
   Before final action, the District Council may propose amendments to the Architectural Conservation Plan transmitted by the Planning Board.

   1. (1)
      A notice that amendments to the Architectural Conservation Plan have been proposed shall be sent to all property owners, in accordance with the procedures in Section 27-225(e)(2).
   2. (2)
      All proposed amendments shall be referred to the Planning Board for the Board's written comments.
3. (c)
   The District Council by ordinance or resolution may approve the proposed Architectural Conservation Plan, with or without amendments. In its final action, the Council may contract but may not expand the boundaries proposed by the Planning Board. Notice of the District Council's final action shall be sent to all property owners, in accordance with the procedures in Section 27-225(e)(2) and (3).

(CB-27-2001)

Effective on: 1/1/1901

This Subdivision contains the procedures for classifying property in the Military Installation Overlay Zone. Unless otherwise indicated, these procedures take the place of any other Zoning Map Amendment provisions contained in this Subtitle.

(CB-42-2015)

Effective on: 1/1/1901

At any time following the issuance of an Air Installation Compatible Use Zone Study, as amended from time to time, by the Department of Defense:

1. (a)
   The District Council may initiate a Military Installation Overlay Zoning Map Amendment; or
2. (b)
   The Planning Board may initiate a Military Installation Overlay Zoning Map Amendment with concurrence by Resolution of the District Council.

(CB-42-2015)

Effective on: 1/1/1901

After the Military Installation Overlay Zoning Map Amendment is initiated by the Planning Board or District Council, Technical Staff shall prepare a proposed Map Amendment. The proposal shall contain the following:

1. (a)
   A map showing the proposed boundaries of the Military Installation Overlay Zone, including, as needed, the Safety Zones, noise contours, height surfaces, and other impact areas recommended by the most recent Air Installation Compatible Use Zone, as amended from time to time, shown on the Zoning Map;
2. (b)
   A written justification describing how the proposed zoning boundaries comply with the purposes of the Military Installation Overlay Zone; and
3. (c)
   Any proposed changes in underlying zoning categories, along with written justification for the changes.

(CB-42-2015)

Effective on: 1/1/1901

The Planning Board and District Council shall hold a Joint Public Hearing on the proposed Military Installation Overlay Zoning Map Amendment. At least 30 days prior to the Joint Public Hearing:

1. (a)
   The Planning Board shall release the proposed Military Installation Overlay Zoning Map Amendment for public inspection and a copy of the proposal shall be sent to all public agencies and municipalities within the boundaries of the proposed Military Installation Overlay Zoning Map Amendment.
2. (b)
   Notice of the date, time, and location of the Joint Public Hearing, and proposed changes to the zoning of land resulting from the Military Installation Overlay Zoning Map Amendment, shall be sent, by mail, to property owners within the boundaries, and municipalities lying, wholly or in part, within the boundaries of the proposed Military Installation Overlay Zoning Map Amendment, and any municipality within one (1) mile of the Military Installation Overlay Zoning Map Amendment boundary.
3. (c)
   Notice of the date, time and location of public hearings shall also be published in a newspaper of general circulation and on the County's website.
4. (d)
   The testimony received at the public hearing shall be made a part of the record. Exhibits introduced at any time prior to the close of the record shall be identified sequentially and maintained as part of the record. The hearing record shall remain open at least fifteen (15) days after the Joint Public Hearing.

(CB-42-2015)

Effective on: 1/1/1901

Following the Joint Public Hearing, the Planning Board may recommend approval, approval with modifications, or disapproval of the proposed Military Installation Overlay Zoning Map Amendment. The Planning Board shall take action, by resolution adopted at a regularly scheduled public meeting, not more than thirty (30) days after the close of the Joint Public Hearing record. The Planning Board shall transmit its recommendation to the District Council within thirty (30) days of adoption of its resolution.

(CB-42-2015)

Effective on: 1/1/1901

Upon transmittal of the recommended Military Installation Overlay Zoning Map Amendment to the District Council, both the Planning Board and the Zoning Hearing Examiner shall cease accepting and processing all Zoning Map Amendment and Special Exception applications within the boundaries of the proposed Military Installation Overlay Zoning Map Amendment until after final action by the District Council on the Military Installation Overlay Zoning Map Amendment. Any application pending before the District Council at the time of transmittal shall immediately be remanded to the Office of the Zoning Hearing Examiner.

(CB-42-2015)

Effective on: 1/1/1901

When the District Council approves Military Installation Overlay Zones, it may, as part of its approval, change an underlying zone of land in the Safety Zones or High Intensity Noise Area to any other zone, subject to the following conditions:

1. (a)
   No land in the Safety Zones of the M-I-O Zone shall be rezoned to a more-intense residential zone.
2. (b)
   No land in the Safety Zones of the M-I-O Zone shall be rezoned to the R-30, R-30C, R-18, R-18C, R-10A, R-10, or R-H Zones.
3. (c)
   No land in the Safety Zones of the M-I-O Zone shall be placed in the M-U-I, M-X-T, M-X-C, or M-U-TC Zones.
4. (d)
   No land in the Safety Zones of the M-I-O Zone shall be placed in a Comprehensive Design Zone.
5. (e)
   No land in the Safety Zones of the M-I-O Zone shall be placed in an Urban Center District pursuant to Section 27A.

(CB-42-2015)

Effective on: 1/1/1901

1. (a)
   The District Council may propose changes, revisions, or amendments to the map or text of a Map Amendment transmitted by the Planning Board, at any time prior to final action.
2. (b)
   The following amendments require the District Council to hold an additional public hearing, prior to approval of the Map Amendment:

   1. (1)
      Classification of additional properties into the M-I-O Zone
   2. (2)
      Changes to underlying zoning of properties proposed for the M-I-O Zone not requested by a property owner.
3. (c)
   At least 15 days prior to a second public hearing, notice shall be provided in accordance with Section 27-213.26(b) and (c).
4. (d)
   The District Council shall not take final action on the Map Amendment later than 180 calendar days after receipt of the Planning Board's resolution. If no final action is taken within this time period, the Military Installation Overlay Zoning Map Amendment shall be deemed disapproved.
5. (e)
   Approval and voting requirements. Approval of a Military Installation Overlay Zoning Map Amendment shall be by Ordinance or Resolution, and shall be approved by a majority vote of the full Council. Where all or a portion of a proposed Military Installation Overlay Zone lies within the boundaries of a municipal corporation, a two-thirds (2/3) majority vote of the full Council shall be required to approve any portion of the Map Amendment contrary to the recommendation of a municipality concerning land within its boundaries.
6. (f)
   Notice of approval. Notice of approval of a Military Installation Overlay Zoning Map Amendment shall be published by the Clerk of the Council at least one (1) time in the County newspapers of record, and shall be sent to the Planning Board, all owners of land, and any municipality lying, wholly or in part within the proposed boundaries of the Military Installation Overlay Zone.

(CB-42-2015)

Effective on: 1/1/1901

1. (a)
   Sectional Map Amendment (SMA) procedures are provided for the comprehensive rezoning of all planning areas of Prince George's County. The following is the intent of establishing these procedures:

   1. (1)
      To provide for a systematic review of zoning and land use and how they conform to the principles of orderly comprehensive land use planning and staged development (as reflected in established public plans and policies) and planned public facilities;
   2. (2)
      To limit piecemeal rezoning;
   3. (3)
      To limit Zoning Map Amendment cases heard by the Zoning Hearing Examiner and approved to:

      1. (A)
         Cases where there is a clear legal mandate that the applicant's property rights would be denied if zoning was withheld;
      2. (B)
         Cases where there is a pressing public interest;
      3. (C)
         Cases involving certain Comprehensive Design and Mixed Use Zones; and
      4. (D)
         Cases where the applicant demonstrates that a clear mistake was made in the original zoning or subsequent rezoning by adoption of a Sectional Map Amendment.
   4. (4)
      To consider cases where sufficient evidence justifies rezoning but does not compel it. These cases should be considered as a part of the Sectional Map Amendment, except where the most recent Sectional Map Amendment involving the property was adopted more than ten (10) years prior to the application being filed.

(CB-68-1989; CB-53-1991; CB-63-1992)

Effective on: 1/1/1901

1. (a)
   In order to not delay the orderly development of the County, Sectional Map Amendments should be considered at reasonable periodic intervals. In order to accomplish this, the District Council shall establish timetables for consideration of Sectional Map Amendments for all of the Regional District in the County.
2. (b)
   The District Council shall schedule a Sectional Map Amendment for each planning area at least once every ten (10) years. If any part of a planning area is scheduled more than once in a five (5) year period, the specific reason shall be stated in the resolution scheduling the preparation.
3. (c)
   The District Council shall initiate a Map Amendment for all of the Regional District in the County by March 15, 1996, for consideration of the R-O-S Zone. In this Map Amendment, property may only be retained in its existing zoning category or reclassified to the R-O-S Zone.

(CB-68-1989; CB-73-1994)

Effective on: 1/1/1901

1. (a)
   Sectional Map Amendments shall be in conformance with the principles of orderly, comprehensive land use planning and staged development, and shall be based on the General Plan or the applicable Master Plan or Sector Plan.
2. (b)
   Prior to the approval of a Sectional Map Amendment, the Council shall consider the following:

   1. (1)
      The character of the area under review;
   2. (2)
      The suitability of particular uses;
   3. (3)
      The protection of natural features in the area;
   4. (4)
      The conservation of the value of buildings and communities;
   5. (5)
      The most appropriate use of land throughout the County;
   6. (6)
      Any adopted current staging policy, or Capital Improvement or Economic Development Program;
   7. (7)
      The environmental and economic impact upon both the area under review and the entire County;
   8. (8)
      The protection of the health, safety, and general welfare of the citizens of Prince George's County.

(CB-35-2011)

Effective on: 1/1/1901

1. (a)
   In a Sectional Map Amendment, property may be reclassified to any zone established in the Zoning Ordinance and Urban Centers and Corridor Nodes Development and Zoning Code of Prince George's County (Subtitle 27A), except the Military Installation Overlay Zone, Architectural Conservation Overlay Zone and the Chesapeake Bay Critical Area Overlay Zones; and except for property located in the Resource Conservation Overlay Zone, which may not be reclassified to a Commercial or Industrial Zone, any Comprehensive Design Zone except the V-M and V-L Zones, or Mixed Use Zones. No Military Installation Overlay Zone or Chesapeake Bay Critical Area Overlay Zone may be established or amended through the Sectional Map Amendment procedures; however, Chesapeake Bay Critical Area Zoning Map Amendment procedures, and Military Installation Overlay Zoning Map Amendment procedures pursuant to Section 27-213.23 through 27-213.27 of this Subtitle, may occur simultaneously with Sectional Map Amendment procedures for the same area, if so authorized by the District Council.
2. (b)
   The District Council may only consider zoning property to a Comprehensive Design Zone where:

   1. (1)
      A Zoning Map Amendment application requesting such a zone has been filed in conformance with Section 27-179 and the Planning Board has made its recommendation on the application;
   2. (2)
      In the V-M and V-L Zones, where the property owner(s) has consented to the zoning; or
   3. (3)
      Such a zone has been proposed in a Sectional Map Amendment to implement the design guidelines or standards intended to implement the development concept recommended by the Master Plan or Sector Plan.

      1. (A)
         A recommendation for approval shall address the land use types, land use relationships, and maximum and minimum land use quantities, as well as the base, minimum, and maximum densities; and commercial/industrial intensities, general circulation pattern, general location of major access points and land use relationships shown on the Basic Plan.
      2. (B)
         The design guidelines or standards intended to implement the development concept recommended by the Master Plan, Sector Plan, or the Sectional Map Amendment Zoning Change may constitute the Basic Plan for development on property where a Comprehensive Design Zone is established through a Sectional Map Amendment.
      3. (C)
         Property owners must give written notice of their non-acceptance of the Comprehensive Design Zone to the Planning Board and District Council prior to or within thirty (30) days following Sectional Map Amendment approval. Upon receipt of the notice of non-acceptance of the rezoning, their property shall be classified as the alternative base density zone recommended in the Sectional Map Amendment, or if none has been recommended, the existing zoning of the property shall be retained.
3. (c)
   The District Council may only consider zoning property to the Mixed Use Community Zone where a Zoning Map Amendment application requesting the Zone has been filed in conformance with Section 27-199 and the Planning Board has made its recommendation on the application.
4. (d)
   The District Council may only consider zoning property to the Reserved Open Space Zone where the property owner has requested or consented, in writing, to the zoning. In the case of publicly-owned land, this requirement does not apply. A property owner may not request the R-O-S Zone if any existing use on the property, with the exception of a publicly-owned use, would become nonconforming as a result of noncompliance with the required minimum net lot area as set forth in Section 27-442(b).
5. (e)
   The District Council may only consider zoning property to the Mixed-Use Town Center Zone where such a zone is recommended in an adopted or approved Master Plan and a Town Center Development Plan is prepared in accordance with Section 27-546.13 and approved in conjunction with the Sectional Map Amendment, or if it is found to be an older, substantially developed mixed-use community.
6. (f)
   No property shall be zoned C-1, C-2, C-C, C-G, or C-H if it was not classified in that zone prior to the approval of the Sectional Map Amendment. Property may only be zoned to the R-P-C Zone in accordance with Section 27-158.
7. (g)
   No property may be zoned to a less intense category (Section 27-109(b)) if:

   1. (1)
      The property has been zoned by Zoning Map Amendment within five (5) years prior to the initiation of the Sectional Map Amendment or during the period between initiation and transmittal to the District Council, and the property owner has not consented (in writing) to the zoning; or
   2. (2)
      Based on existing physical development at the time of adoption of the Sectional Map Amendment, the zoning would create a nonconforming use. This zoning may be approved, however, if there is a significant public benefit to be served by the zoning based on facts peculiar to the subject property and the immediate neighborhood. In recommending the zoning, the Planning Board shall identify these properties and provide written justification supporting the zoning at the time of transmittal. The failure of either the Planning Board or property owner to identify these properties, or a failure of the Planning Board to provide the written justification, shall not invalidate any Council action in the approval of the Sectional Map Amendment.
   3. (3)
      Notwithstanding Subsection (g)(1) above, property located in an area designated by the General Plan as a Center or Corridor Node and subject to an applicable Regulating Plan established in accordance with the procedures of Subtitle 27A of the County Code, may be zoned to a less intense category only to meet the goals and regulations of Subtitle 27A, the General Plan, and the applicable Master or Sector Plan for the property.
8. (h)
   The area of the "property," as that word is used in Subsection (g)(2), above, is the minimum required by the Zoning Ordinance which makes the use legally existing when the Sectional Map Amendment is approved.
9. (i)
   No property may be zoned R-T if it was not classified in that zone prior to the initiation of the Sectional Map Amendment, except where the most recent Sectional Map Amendment involving the property was approved prior to 1990, unless:

   1. (1)
      The proposed development on the property to be rezoned to R-T will consist only of one-family attached metropolitan dwelling units; or
   2. (2)
      The property to be rezoned to R-T is located within a mixed-use activity center designated as a "Transit Village" in the applicable Area Master Plan.
10. (j)
    The District Council may not classify property in the Development District Overlay Zone unless the zone is recommended in an approved Master Plan, Master Plan Amendment, or Sector Plan. The Plan shall be prepared in accordance with PART 13 and Section 27-548.24, and the Development District Overlay Zone shall be implemented by a Sectional Map Amendment.
11. (k)
    The District Council may not classify property in the Mixed Use - Infill Zone unless the property is in the Transit District Overlay Zone or the Development District Overlay Zone and proposed development is subject to site plan review.
12. (l)
    The District Council may not classify property in the Transit District Overlay Zone unless the zone is recommended in an approved Master Plan, Master Plan Amendment, or Sector Plan, or a Transit District Overlay Zoning Map Amendment has been initiated pursuant to the regulations of Section 27-213.01 to 27-213.06. The Plan shall be prepared in accordance with PART 13, a Transit District Development Plan shall be prepared in accordance with Section 27-548.07, and the Transit District Overlay Zone shall be implemented by a Sectional Map Amendment.
13. (m)
    The District Council may not classify property in the Urban Center or Urban Corridor Node Zones (UC) unless the property is located in an area designated by the General Plan (as amended) as a Metropolitan, Regional, or Community Center or designated as a Corridor Node in a Master Plan or Sector Plan, and is developed in accordance with the regulations specified in Subtitle 27A of the Prince George's County Code.
14. (n)
    The zoning reclassification, via approval of a Sectional Map Amendment, for property located wholly or partially within the Safety Zones of the Military Installation Overlay Zone is subject to the following restrictions:

    1. (1)
       No land in the Safety Zones of the M-I-O Zone shall be rezoned to a more-intense Residential zone.
    2. (2)
       No land in the Safety Zones of the M-I-O Zone shall be rezoned to the R-30, R-30C, R-18, R-18C, R-10A, R-10, or R-H Zones.
    3. (3)
       No land in the Safety Zones of the M-I-O Zone shall be placed in the M-U-I, M-X-T, M-X-C, or M-U-TC Zones.
    4. (4)
       No land in the Safety Zones of the M-I-O Zone shall be placed in a Comprehensive Design Zone.
    5. (5)
       No land in the Safety Zones of the M-I-O Zone shall be placed in an Urban Center District pursuant to Subtitle 27A of this Code.

(CB-2-1984; CB-33-1985; CB-72-1987; CB-134-1988; CB-53-1991; CB-10-1992; CB-63-1992; CB-2-1994; CB-73-1994; CB-76-1995; CB-55-1996; CB-8-2000; CB-10-2001; CB-27-2001; CB-33-2005; CB-37-2006; CB-76-2006; CB-2-2010; CB-35-2011; CB-42-2015)

Effective on: 1/1/1901

1. (a)
   A Sectional Map Amendment shall be initiated by a resolution of the District Council authorizing and directing the Planning Board to prepare a proposed Amendment. Initiation shall be in accordance with the approved planning scheduled work program and budget of the Commission.
2. (b)
   The resolution shall designate the area involved. Sectional Map Amendments shall be limited to planning areas (or combinations of planning areas), municipalities, those areas subject to a Master Plan or Sector Plan, or areas subject to an urban renewal plan adopted by the County, or adopted by a municipality and reviewed by the Planning Board.
3. (c)
   The resolution and any descriptive data shall be available for public inspection at the office of the Planning Board.
4. (d)
   The resolution shall be advertised in the County newspapers of record for at least two (2) successive weeks after its adoption.

(CB-35-2011; CB-21-2013)

Effective on: 1/1/1901

1. (a)
   Requests for rezoning.

   1. (1)
      Within thirty (30) days after the initiation resolution has been adopted, any person may request that specific zones (except Comprehensive Design Zones, the Mixed Use Community Zone, and the Reserved Open Space Zone) be considered for specific properties during the Sectional Map Amendment process. If the optional Planning Board procedures (Sections 27-225.01 or 27-225.01.05) are used, there is no need for such requests to be filed and this Subsection does not apply.
   2. (2)
      In the case of a Map Amendment initiated solely for the consideration of the R-O-S Zone, a property owner may request that the R-O-S Zone be considered for his specific property. A request shall not be considered if any existing use on the property, with the exception of a publicly-owned use, would become nonconforming as a result of noncompliance with the required minimum net lot area as set forth in Section 27-442(b).
   3. (3)
      The requests shall be made on forms provided by the Planning Board and shall be available for general public review.
   4. (4)
      Each request shall be accompanied by a statement describing how the proposed zoning change complies with the General Plan, the applicable Master Plan or Sector Plan or any adopted County staging policy or economic development program.
   5. (5)
      Requests for a Comprehensive Design Zone during the Sectional Map Amendment process must include a description of land use types, quantities, and relationships, and an illustrated Basic Plan.
2. (b)
   Comprehensive Design Zone reconsideration.

   1. (1)
      Comprehensive Design Zone applications within pending proposed Sectional Map Amendment areas which have already been considered by the Planning Board (but not yet decided by the District Council) may be reconsidered by the Planning Board for the purposes of incorporating them into the proposed Sectional Map Amendment.
3. (c)
   Preparation of Zoning Maps.

   1. (1)
      After receiving authorization to prepare a Sectional Map Amendment, the Planning Board shall prepare a proposed Zoning Map (and text) in keeping with the purpose, intent, and requirements of the Sectional Map Amendment process.
   2. (2)
      In the case of a Map Amendment initiated solely for the consideration of the R-O-S Zone, the Planning Board shall use the inventory of public land submitted by the Council as a basis in the preparation of the proposed Zoning Map. All land purchased with Program Open Space funds shall be included in the proposed Zoning Map, unless it can be demonstrated that there is a more appropriate zoning category for the land based on its intended future use, or unless the public agency has a need to maintain certain properties, or portions of properties, in a more intense zoning category. If land purchased with Program Open Space funds that has been placed in the R-O-S Zone is subsequently disposed of for the purpose of construction of a public facility, the value of the property, for the purpose of compensation of the agency, shall be based on the original purchase price.
   3. (3)
      The proposed Sectional Map Amendment shall include the following information:

      1. (A)
         A description of the area covered;
      2. (B)
         The boundaries of the proposed zoning classifications. The boundaries shall be described on a map by either:

         1. (i)
            Lot, block, and subdivision divisions;
         2. (ii)
            Streets, roads, streams, or other topographic landmarks; or
         3. (iii)
            Bearings and distances (in feet);
      3. (C)
         Indications of where the proposed zones are different than existing zones;
      4. (D)
         The scale of all maps and a north arrow; and
      5. (E)
         A list of those properties on which any use exists which is not allowed under the current zoning classification of that property.
4. (d)
   Public hearing and public release.

   1. (1)
      The Planning Board shall hold a public hearing on the proposed Sectional Map Amendment. In the case of a Map Amendment initiated solely for the consideration of the R-O-S Zone, this requirement does not apply, and the Planning Board hearing will be held jointly with the District Council in accordance with Section 27-226(b)(1)(B). It shall be released for public inspection at least thirty (30) days prior to the public hearing.
5. (e)
   Notice.

   1. (1)
      The public hearing shall be advertised in the three (3) County newspapers of record once a week for at least two (2) successive weeks between the time of the release and the date of the hearing. The notice shall contain the date, time, place, and purpose of the hearing.
   2. (2)
      At the time of release, the Planning Board shall obtain from the Office of Assessments and Taxation a listing of the owners of land within the boundaries of the proposed Sectional Map Amendment. The Board shall mail written notice of the proposed Sectional Map Amendment to all listed property owners. The notice shall include the boundaries of the area involved, the date, time, and place of the Planning Board's hearing, and the methods for obtaining additional information. The notice shall also advise the owners that approval of the Sectional Map Amendment by the District Council could result in rezoning, which could affect property values and property taxes. This mailing is for informational purposes only. The failure of the Planning Board to send, or the property owner to receive, the mailing shall not invalidate the approval of the Sectional Map Amendment by the Council. This mailing requirement shall not apply to a Map Amendment initiated solely for the consideration of the R-O-S Zone pursuant to Section 27-221(c).
   3. (3)
      A specific notice shall be sent by first class mail to all owners of land for which a change in zoning is proposed in the Sectional Map Amendment. This notice shall inform the property owner that a zoning change has been proposed for their property, and provide information regarding the date, time, and place of the public hearing on the proposed change. This mailing is for informational purposes only. The failure of the Planning Board to send, or the property owner to receive, the mailing shall not invalidate the approval of the Sectional Map Amendment by the Council.
6. (f)
   Action and transmittal.

   1. (1)
      The Planning Board shall take action to transmit the proposed Sectional Map Amendment (with or without amendments) by resolution adopted at a regularly scheduled public meeting.
   2. (2)
      Within ninety (90) days after the public hearing, the Planning Board shall transmit the proposed Sectional Map Amendment to the District Council and to each municipality located either within the area of the proposed Sectional Map Amendment or within one-half (1/2) mile of that area. These municipalities shall be advised to refer their comments on the proposed Sectional Map Amendment to the District Council within ninety (90) days of receipt of the proposed Sectional Map Amendment.
   3. (3)
      Transmitted with the resolution shall be the proposed Zoning Map (and text), and a statement justifying the proposal.
   4. (4)
      Prior to transmittal, the District Council may (by resolution) extend the date of transmittal.
7. (g)
   Pending Zoning Map Amendment applications.

   1. (1)
      Upon transmittal of a proposed Sectional Map Amendment to the District Council, the Planning Board shall postpone accepting or processing any Zoning Map Amendment application (except for a Comprehensive Design Zone) within the area of the proposed Sectional Map Amendment until after final action by the District Council on the Sectional Map Amendment.
   2. (2)
      After approval of a Sectional Map Amendment by the District Council, all applicants who wish to proceed with a postponed application (requesting a zoning classification not approved, or only partially approved, in the Sectional Map Amendment), or an application requesting a Comprehensive Design Zone that was not approved, or approved with a Basic Plan modified by the Council, shall so notify the Planning Board (in writing). The application shall be processed in accordance with all procedures and requirements which normally apply to Zoning Map Amendment applications. Failure of an applicant to so notify the Planning Board within thirty (30) days after a Sectional Map Amendment is approved shall constitute a withdrawal of the application.
   3. (3)
      The provisions of Sections 27-147, 27-163, 27-183, and 27-203 shall apply only if a Technical Staff Report had been published for the application prior to postponing the processing of the application.
   4. (4)
      In the event that a proposed Sectional Map Amendment is disapproved by the District Council, the Planning Board shall resume the processing of all postponed applications.
   5. (5)
      A pending application for a Zoning Map Amendment shall be deemed terminated if action on the Sectional Map Amendment grants the zoning reclassification requested by the applicant or, in the case of a Comprehensive Design Zone application, if action on the Sectional Map Amendment both grants the requested zone and also approves the Basic Plan without modification.
   6. (6)
      This Subsection (g) shall not apply to a Map Amendment initiated solely for the consideration of the R-O-S Zone pursuant to Section 27-221(c).

(CB-36-1984; CB-55-1984; CB-33-1985; CB-33-1992; CB-109-1993; CB-73-1994; CB-76-1995; CB-76-2006; CB-35-2011)

Effective on: 1/1/1901

1. (a)
   Authorization.

   1. (1)
      The Planning Board may be authorized to prepare a proposed Sectional Map Amendment utilizing the procedures of this Section by:

      1. (A)
         A separate resolution of the District Council initiating the Amendment; or
      2. (B)
         The approval of an Area Master Plan or Sector Plan which contains (as one of its elements) a Zoning Proposal (including a map, a list of proposed zoning changes, text, and supporting details), as well as a Land Use Plan. The date of initiation of a Sectional Map Amendment shall be the date of approval of an Area Master Plan by the District Council which contains a Zoning Proposal and Land Use Plan.
2. (b)
   Preparation of Zoning Map.

   1. (1)
      The Planning Board shall prepare a proposed Zoning Map (and text) in accordance with the recommendations contained in the approved Zoning Proposal element of the adopted Master Plan or Sector Plan, unless documented to be in conflict with County laws or policies established elsewhere.
   2. (2)
      The proposed Sectional Map Amendment shall include the information required in Section 27-225(c)(3).
3. (c)
   Comprehensive Design Zone reconsideration.

   1. (1)
      Comprehensive Design Zone applications within pending proposed Sectional Map Amendment areas which have already been considered by the Planning Board (but not yet decided by the District Council) may be reconsidered by the Planning Board for the purposes of incorporating them into the proposed Sectional Map Amendment.
4. (d)
   Action and transmittal.

   1. (1)
      The Planning Board shall take action to transmit the proposed Sectional Map Amendment by resolution adopted at a regularly scheduled public meeting.
   2. (2)
      The Planning Board shall transmit the proposed Sectional Map Amendment to the County Executive and the District Council, and to each municipality located either within the area of the proposed Sectional Map Amendment or within one-half (1/2) mile of that area. The County Executive and those municipalities shall be advised to refer their comments on the proposed Sectional Map Amendment to the District Council at the scheduled (Council) public hearing.
   3. (3)
      Transmitted with the resolution shall be the proposed Zoning Map (and text) and a statement justifying the proposal.
5. (e)
   Notice.

   1. (1)
      After transmittal of the proposed Sectional Map Amendment, the Planning Board shall obtain from the Office of Assessments and Taxation a listing of the owners of land within the boundaries of the proposed Sectional Map Amendment. The Board shall mail written notice of the proposed Sectional Map Amendment to all listed property owners. The notice shall include the boundaries of the area involved, the date, time, and place of the District Council's hearing, and the methods for obtaining additional information. The notice shall also advise the owners that approval of the Sectional Map Amendment by the District Council could result in rezoning, which could affect property values and property taxes. This mailing is for informational purposes only. The failure of the Planning Board to send, or the property owner to receive, the mailing shall not invalidate the approval of the Sectional Map Amendment by the Council.
   2. (2)
      A specific notice shall be sent by first class mail to all owners of land for which a change in zoning is proposed in the Sectional Map Amendment. This notice shall inform the property owner that a zoning change has been proposed for their property, and provide information regarding the date, time, and place of the public hearing on the proposed change. This mailing is for informational purposes only. The failure of the Planning Board to send, or the property owner to receive, the mailing shall not invalidate the approval of the Sectional Map Amendment by the Council.
6. (f)
   Pending Zoning Map Amendment applications.

   1. (1)
      Upon adoption of a preliminary plan pursuant to the provisions of Section 27-645(c), the Planning Board shall postpone accepting or processing any Zoning Map Amendment application (except for a Comprehensive Design Zone) within the area of the proposed Sectional Map Amendment until after final action by the District Council on the Sectional Map Amendment.
   2. (2)
      After approval of a Sectional Map Amendment by the District Council, all applicants who wish to proceed with a postponed application (requesting a zoning classification not approved, or only partially approved, in the Sectional Map Amendment), or an application requesting a Comprehensive Design Zone that was not approved, or was approved with a Basic Plan modified by the Council, shall so notify the Planning Board (in writing). The application shall be processed in accordance with all procedures and requirements which normally apply to Zoning Map Amendment applications. Failure of an applicant to so notify the Planning Board within thirty (30) days after a Sectional Map Amendment is approved shall constitute a withdrawal of the application.
   3. (3)
      The provisions of Sections 27-147, 27-163, 27-183, and 27-203 shall apply only if a Technical Staff Report has been published for the application prior to postponing the processing of the application.
   4. (4)
      In the event that a proposed Sectional Map Amendment is disapproved by the District Council, the Planning Board shall resume the processing of all postponed applications.
   5. (5)
      A pending application for a Zoning Map Amendment shall be deemed terminated if action on the Sectional Map Amendment grants the zoning reclassification requested by the applicant or, in the case of a Comprehensive Design Zone application, if action on the Sectional Map Amendment both grants the requested zone and also approves the Basic Plan without modification.

(CB-36-1984; CB-33-1985; CB-68-1989; CB-33-1992; CB-109-1993; CB-35-2011)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. (a)
   Authorization.

   1. (1)
      The Planning Board may be authorized in writing by the District Council to prepare a Sectional Map Amendment concurrently with an Area Master Plan. The date of initiation of the Sectional Map Amendment shall be the date of the initiation of the Area Master Plan or Sector Plan by the Planning Board with the written concurrence of the District Council.
2. (b)
   Preparation of a Zoning Map.

   1. (1)
      The Planning Board shall prepare a proposed Zoning Map, which shall be based upon the recommendations contained in the preliminary plan, concurrently with, and as part of, the Area Master Plan or Sector Plan, unless documented to be in conflict with County laws or policies established elsewhere.
   2. (2)
      The proposed Sectional Map Amendment shall include the information required in Section 27-225(c)(2).
3. (c)
   Comprehensive Design Zone reconsideration.

   1. (1)
      Comprehensive Design Zone applications within pending Sectional Map Amendment areas, which have already been considered by the Planning Board (but not yet decided by the District Council), may be reconsidered by the Planning Board for the purposes of incorporating them into the Sectional Map Amendment.
4. (d)
   Action and transmittal.

   1. (1)
      The Planning Board shall transmit the Sectional Map Amendment it endorsed as part of the adopted Area Master Plan or Sector Plan in accordance with Section 27-645(c).
5. (e)
   Notice.

   1. (1)
      The Planning Board shall notify all owners of land within the boundaries of the Sectional Map Amendment in accordance with Section 27-644(c).
6. (f)
   Pending Zoning Map Amendment applications.

   1. (1)
      The Planning Board shall process pending Zoning Map Amendment cases in accordance with Section 27-225.01(f).