The board of commissioners may from time to time, on its own motion or on petition, amend, supplement, change, modify, or repeal by ordinance, the boundaries of districts, regulations, or restrictions herein established.

(Prior code Art. XI (Art. X § intro))

(Ord. No. 10-10, 5-17-10)

A.

A public hearing shall be held by the mayor and board of commissioners before adoption of any proposed amendment, supplement, or change, public notice of which shall be published according to MD. Code Ann., Land Use Article, section 4-204 as adopted or amended.

B.

In order to partially defray the expense of a zoning change public hearing, the person or parties petitioning for a zoning change shall pay shall pay a submission fee in accordance with the Town of Emmitsburg review fee schedule and all costs incurred by the town during the zoning change review, including but not limited to all fees charged by attorneys, engineers, or any other consultant. No part of such amount shall be refunded for failure of said amendment to be enacted into law. In addition thereto, the petitioning person or parties shall pay all costs for the required advertising. All costs and fees required under this section shall be paid by the applicant prior to the public hearing.

(Ord. 03-12: prior code Art. XI (Art. X § 1.0))

(Ord. 1010, 5-17-10; Ord. No. 23-02, 1-18-23)

A.

No amendment shall be considered or acted upon by the board of commissioners unless it is first submitted to the planning commission for review and consideration. The planning commission recommendations shall be reported to the board of commissioners within thirty (30) days of receipt of the proposed amendment. If comments are not submitted within the thirty-day period, the board of commissioners may proceed with the review process.

B.

Where the purpose and effect of the proposed amendment is to change the zoning classification, the board of commissioners shall make findings of fact in each specific case, including but not limited to, the following matters: Population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation of the planning commission, and the relationship of such proposed amendment to the town's plan; and may grant the amendment, based upon a finding that there was a substantial change in the character of the neighborhood where the property is located or that there was a mistake in the existing zoning classification. A complete record of the hearing and the votes of the commissioners shall be kept.

C.

An application for a reclassification shall not be accepted for filing by the board of commissioners if the application is for the reclassification of property which has been opposed or denied by the board of commissioners within twelve (12) months from the date of the local legislative body's decision.

(Prior code Art. XI (Art. X §§ 2.01—2.04))

(Ord. No. 10-10, 5-17-2010)

A.

Upon the zoning or rezoning of any land or lands pursuant to the provisions of this chapter and Article 66B of the Annotated Code of Maryland, the board of commissioners may impose such additional restrictions, conditions or limitations as may be deemed appropriate to preserve, improve or protect the general character and design of the lands and improvements being zoned or rezoned; or of the surrounding or adjacent lands and improvements and may upon the zoning or rezoning of any land or lands, retain or reserve the power and authority to approve or disapprove the design of buildings, construction, landscaping or other improvements, alterations and changes made or to be made on the subject land or lands to assure conformity with the intent and purpose of the zoning ordinance.

B.

Conditions imposed or requested may not include the allowance of uses not otherwise expressly permitted in the district.

C.

1.

Conditions recommended by the planning commission shall be published with the notice of public hearing that is required for the hearing held by the board of commissioners.

2.

The board of commissioners may accept, reject or modify the conditions recommended by the planning commission. The board of commissioners shall submit for comment from the planning commission conditions not reviewed by the planning commission at their own hearing.

D.

Conditions imposed by the decision of the board of commissioners shall be made public concurrently with the decision.

E.

Conditions shall be enforced by the board of commissioners through the planning commission.

F.

The planning commission may require from the applicants what information it deems necessary to show that the conditions are being adhered to.

(Prior code Art. XI (Art. X § 2.05))

(Ord. No. 10-10, 5-17-10)