The regulations, restrictions, and boundaries established by this article may from time to time be amended, supplemented, changed, modified, or repealed by the Mayor and City Council.

The procedural requirements of this division shall not apply to the adoption of original zoning for areas newly annexed to the City. Original zoning of such areas being governed by Section 20-1.11, Annexation of additional area to the City.

Applications for amendment of this chapter may be either proposals for amendment of the text of the chapter or proposals for amendments of the Zoning Map. A proposed map amendment may be for a more or less intensive use and shall cover a single tract, all portions of which are proposed to be classified, in one (1) of two (2) alternative zones.

Petition for amendment of the Zoning Regulations text and Zoning Map may be made by any interested person or governmental agency by submitting for filing an application for the proposed amendment with the Director of the Department of Economic and Community Development or may be submitted by the Mayor and City Council by filing such an application on their own motion. An application shall not be accepted for filing by the Department if the application fails to conform to any of the applicable requirements of this division, including the payment of any fee as shall be established by the Mayor and City Council, nor if the application is for the reclassification of the whole or any part of the land, the reclassification of which has been approved or denied by the Mayor and City Council on the merits within eighteen (18) months prior to the date of submission of the application for filing; and if there have been two (2) or more such previous applications upon which action has been taken by the Mayor and City Council, then no new application involving the same property or any part thereof shall be accepted until twenty-four (24) months after the date of the latest such action by the Mayor and City Council on the most recent application. After acceptance for filing, an application for a Zoning Map amendment shall not be modified or amended as to the area proposed to be reclassified or as to the class of zones requested. All applications shall be subscribed by the applicant. In case of a text amendment, the application shall set forth new text to be added and existing text to be deleted.

(Ord. No. 1991, 1-10-2022)

(a)

In the case of an application for amendment to the map, the application shall be in duplicate and in such form as the Mayor and City Council shall prescribe and shall include a written statement specifying the following:

(1)

The street number, if any, or if none, the location with respect to nearby public roads in common use of the land which is proposed to be reclassified.

(2)

A description by metes and bounds, courses and distances of the land, or if the boundaries conform to lot dimensions within a subdivision for which a plat is recorded in the land records of Prince George's County, then a lot, block, and subdivision designation with appropriate plat reference.

(3)

The present classification and the classification of one (1) alternative classification proposed for such land.

(4)

The name and address of the owner of the land.

(5)

The area of the land proposed to be reclassified, stated in square feet if less than one (1) acre and in acres if one (1) acre or more.

(b)

An identification plat prepared by a civil engineer or surveyor and certified thereon by them to be correct and in conformity with this division, showing by metes and bounds, courses and distances the land proposed to be reclassified, or if the boundaries conform to lot boundaries within a subdivision for which a plat is recorded among the land records of Prince George's County, then a copy of such plat, the land proposed to be reclassified appearing in a color distinctive from that of other lands shown on the plat.

(c)

An information copy of the existing Zoning Map, available from the Department of Economic and Community Development, shall serve as a vicinity map and shall be furnished by the petitioner covering the area within at least one thousand (1,000) feet of the boundaries of the land proposed to be reclassified showing the existing classification of all land appearing on the map as shown by the Official Zoning Map on file in the Department of Economic and Community Development.

(d)

On the plat and maps required under the above paragraphs, the land proposed to be reclassified shall appear in a color distinctive from that of other land shown thereon. The scale of the plat required by Subsection (b) of this section shall be noted thereon and shall be not less than one hundred (100) feet to the inch if the land proposed to be reclassified is of an area of ten (10) acres or less; and not less than two hundred (200) feet to the inch if of an area of more than ten (10) acres. A north direction arrow shall appear on such plat and map.

(Ord. No. 1991, 1-10-2022)

The Mayor shall set the fees for activities and services performed by the Department of Economic and Community Development in carrying out its responsibilities under this subsection. Fees shall be subject to review and revision periodically as experience dictates to insure that the fees are equitable and in line with the costs of administration.

(Ord. No. 1991, 1-10-2022)

Within three (3) days after acceptance for filing of an application the applicant shall erect a sign, to be furnished by the clerk-treasurer, on the land proposed to be reclassified. Such a sign shall be erected by the applicant within ten (10) feet of whatever boundary line of such land abuts the most traveled public road and if no public road abuts thereon, then facing in such manner as may be most readily seen by the public. The sign shall bear conspicuously in lettering in black on white background the words:

"CITY OF LAUREL ZONING APPLICATION NUMBER ___________
ZONING MAP AMENDMENT FROM _____ ZONE TO _____ ZONE.

PUBLIC HEARINGS:

PLANNING COMMISSION: (date).         MAYOR AND CITY COUNCIL: (date)"

The blanks shall be filled in with the assigned application and one (1) alternative classification sought. If the land sought to be reclassified lies within more than one (1) block as shown on a plat recorded in the land records of Prince George's County, then a sign shall be erected by the applicant on the land in each such block. No sign shall be furnished by the Department of Economic and Community Development to the applicant unless the applicant has first delivered to the Department a receipt from the City Department of Budget and Personnel Services showing payment to the City of a deposit as prescribed by the Mayor and City Council. At the hearing it shall be the duty of the applicant to prove by affidavit that he has fully complied with this section and has continuously maintained the sign up to the time of the hearing. Any such sign shall be maintained at all times by the applicant until a decision on the application has been made public by the Mayor and City Council and then shall be removed by the applicant within five (5) days thereafter. It shall be unlawful for any person to remove or tamper with such sign during the period it is required to be maintained under this paragraph.

(Ord. No. 1991, 1-10-2022)

Upon accepting any application for filing the City Clerk shall set the application for a hearing by the Mayor and City Council at a specified date, time and place, and shall cause to be published once at the expense of the applicant in a paper of general circulation in the City a notice of the public hearing on such application stating the application number, date, time and place of hearing and containing:

(a)

A summary of the amendment if a text amendment.

(b)

The location of the property, its area, name of owner, change of classification or one (1) alternative classification and the application number.

(c)

The Department of Economic and Community Development shall notify, by certified mail, the applicant, and all owners of assessment record of real property immediately adjacent to the property proposed to be reclassified of the date, time, and place of hearing. Failure of any property owner to receive such mailing shall not be construed to nullify such hearing. The date of hearing shall not be less than fifteen (15) days following the newspaper publication of the notice. All application files in the custody of the Department of Economic and Community Development shall be open to public inspection during regular office hours. They shall not be removed from the Department of Economic and Community Development office or inspected therein at other times by any person except that such files may be removed from such office or inspected therein at other times by any person pursuant to Court Order or by a member of the City Council, or by the Planning Commission.

(d)

Within five (5) days after acceptance for filing the Director of the Department of Economic and Community Development shall transmit a copy of the application to the Planning Commission. The Planning Commission shall submit a written recommendation which shall be incorporated in the application file and which thenceforth shall be considered a part of the record of the applicant.

(e)

Any interested person shall have the right to submit oral or written testimony at the hearing. There shall be a complete stenographic report of the testimony at the hearing, and a typewritten transcript thereof with all exhibits at the hearing, including the application, shall promptly be incorporated by the City Clerk in the application file and shall be considered a part of the record on the application. Evidence which is immaterial, irrelevant, or unduly repetitious may be excluded. The hearing may be adjourned from time to time on a date certain on public announcement at the hearing of the earliest practicable date, time, and place for resumption of the hearing.

(Ord. No. 1991, 1-10-2022)

(a)

An application for a map or text amendment shall be decided on the basis of the evidence of record. Such application shall be approved, modified or denied on the merits or dismissed, or allowed to be withdrawn. The Mayor and City Council may dismiss any such application if it finds that:

(1)

The application does not conform to any stated procedure requirement of this article; or

(2)

The application is not acceptable for filing because filed within eighteen (18) months as in this division heretofore provided; or

(3)

The application is frivolous or filed for purpose of harassment. If the application is not dismissed or allowed to be withdrawn as herein provided, it shall be approved, modified or denied on the merits, in which case no application for the reclassification of all or any part of the land which is the subject of the application shall be accepted for filing for eighteen (18) months following the date of such approval, modification or denial on merits. No application for a map amendment shall be approved for a greater area than that applied for but an application may be approved for a smaller area than that applied for if the reclassification of such smaller area is supported by the evidence of record and if such smaller area is accurately delineated in the record.

(b)

The decision of the Mayor and City Council approving, modifying, denying, or dismissing any application for a Zoning Map or text amendment shall be rendered within sixty (60) days of the original hearing (unless such time is extended by resolution of the Mayor and City Council), and shall be in the form of a resolution adopted by the Mayor and City Council in open session by a majority of those voting on roll call by yeas and nays and appearing in the minutes of the meeting, and a copy of the resolution shall be promptly mailed by the City Clerk to the applicant and to all persons entering their appearance at the hearing as shown by the hearing transcript.

(c)

The decision of the Mayor and City Council on any application for a map or text amendment shall be final except that a petition requesting reconsideration of the Mayor and City Council's decision on any application may be filed with the Clerk by the applicant or any person appearing at the hearing if accompanied by an affidavit that a copy of the petition has been served in person or mailed to all persons or their attorneys who appeared at the hearing as shown by the hearing transcript. No such petition may be filed more than twenty (20) days after the decision except with leave of the Mayor and City Council. The petition shall briefly state the alleged errors in the decision and the supporting arguments. Any response to the petition shall be made in writing, filed with the City Clerk within ten (10) days after filing of the petition, and accompanied by an affidavit that a copy has been served in person or by mail on the petitioner. The petition may be granted by resolution of the Mayor and City Council for good cause shown and, if granted, the decision of the Mayor and City Council may be rescinded and the application thereafter by resolution of the Mayor and City Council approved, modified, denied or dismissed with or without further hearing, as may be required by law. Pending further hearing if ordered, the decision may be suspended by resolution of the Mayor and City Council. Any resolution under this subsection shall be subject to the limitations on voting, on mailing or furnishing copies applicable to resolutions adopted under Subsection (b) of this section. Nothing herein shall prevent the Mayor and City Council from reconsidering any decision on its own motion.

In approving any zoning map amendment the Mayor and City Council may give consideration to and adopt such reasonable requirements, safeguards, and conditions (hereinafter referred to as "conditions") as may in its opinion be necessary either to protect surrounding properties from adverse effects which might accrue from such zoning map amendment or which would further enhance the coordinated, harmonious, and systematic development of the City of Laurel; but, in no case, shall such conditions waive or lessen the requirements specifically set forth in the applicable zoning classification granted.

(a)

The applicant may in his application consent to conditions believed to be desirable for the consideration of the Planning Commission and the Mayor and City Council. Conditions consented to by the applicant in the application, or in the evidence adduced before the Mayor and City Council, shall be binding if imposed by the City Council. Conditions adopted by the City Council shall become a permanent adjunct to the Zoning Map amendment and shall be binding so long as the zoning category granted by the Mayor and City Council shall remain in effect.

(b)

When a zoning amendment is approved subject to adopted conditions, the applicant shall have ninety (90) days from the date of approval to accept or reject the land use classification as conditionally approved. The Mayor and City Council's action shall be final upon entry of an order, incorporating the acceptance or rejection of the land use classification as conditionally approved. Failure to advise in writing within such period of such acceptance or rejection shall be deemed a rejection thereof. Rejection shall have the effect of voiding the zoning amendment and reverting the property to its prior zoning classification. Provided, however, that should a timely appeal to the Circuit Court for Prince George's County be filed by the applicant contesting the authority of the Mayor and City Council to impose specific conditions: the ninety (90) day period within which the applicant may accept or reject the land use classification as conditionally approved shall be stayed and the applicant shall thereafter have ninety (90) days from the dismissal or final adjudication of such appeal within which to accept or reject the land use classification as conditionally approved.

(c)

All conditions imposed by the Mayor and City Council shall be mandatory and the failure to comply with any condition shall constitute a zoning violation and shall be grounds for the Mayor and City Council to completely annul the zoning amendment; to revoke a use and occupancy permit; to institute appropriate civil or criminal proceedings or any other action necessary to obtain compliance. All building plans shall list the zoning conditions and shall reflect details, indicating compliance.

(d)

All zoning map amendments which are granted by the Mayor and City Council, subject to conditions shall be designated on the Zoning Map with the letter "C" after the application number.