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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.