Mount Airy City Zoning Code

A public hearing shall be held by the Town Council before adoption of any proposed amendment, supplement or change. Public notice of the time and place of such hearing, together with a summary of the proposed amendment, at a minimum shall be published in a newspaper of general circulation in the Town of Mount Airy once each week for two successive weeks, with the first such publication of notice appearing at least 14 days before the hearing. Other forms of notice to the public, though not required, are encouraged such as the posting of the property proposed to be rezoned, posting notice on the Town's website and social media. A complete record of the hearing and the votes of all members of the Town Council shall be kept.

A fee of $300 for a zoning text amendment and a like fee for a Zoning Map[1] amendment shall be paid to the Town at the time the application is filed. Charges will include the costs of the Town's employees and consultants. When the application is concluded by the Town Council, the charges will be assessed, and if less than the fee imposed, a refund will be given to the applicant, and if greater, the applicant will be billed for the difference. Fifteen percent will be added to the total charges for the Town's administrative costs and overhead. The rates for charges shall be established from time to time by resolution of the Town Council. Charges will be billed monthly if in excess of the fee imposed as set forth above. If any charges are not paid within 60 days of billing, the Town will withhold further review, approvals and/or issuance of any required permits until paid in full, together with interest at the rate of 1% per month or fraction thereof from the date of billing to the date of payment.

Public notification and citizen input. Reasonable notice shall be provided in advance of Planning Commission meetings at which a proposed reclassification and/or recommendations thereon are discussed and/or are to be made by the Commission related to a reclassification application, and for public hearings before the Town Council regarding zoning reclassifications shall be in accordance with Subsection A above and the Land Use Article of the Maryland Code, § 4-203. In addition to the record for hearings before the Town Council as required by the Land Use Article of the Maryland Code, §§ 4-203 and/or 4-204, a thorough record shall be made of the notification process and input from citizens, with particular attention to concerns and perspectives of neighboring property owners regarding the proposed reclassification's effects on property values, compatibility, traffic, aesthetics, noise, and quality of life.

Comprehensive staff report for reclassification applications and requests. Town planning staff shall prepare and maintain a detailed written report for each reclassification application and request, whether by property owner or the Town, incorporating, at minimum, the following elements:

Planning Commission review. The Planning Commission shall review the detailed staff report, conduct at least one public meeting with public participation, and document its deliberations and recommendations, considering elements Subsection D(1) through (8) above, especially as they relate to citizen and neighboring property owner perspectives and potential group reclassification considerations.

Town Council action. The Town Council shall examine all documentation, staff analyses, citizen input, the Planning Commission's recommendations, and the Town Council's own consideration of elements Subsection D(1) through (8) above, before rendering a decision, referencing impacts on neighboring properties and the merits of group reclassification as appropriate, and hold a public hearing and create a record of the proceedings as may be applicable and required by this section, as well as the Land Use Article of the Maryland Code, §§ 4-203 and/or 4-204.

Record keeping. All materials—including applications, staff reports, owner rationale, citizen comments, public hearing records, meeting minutes, recommendations, and decisions—shall be retained as part of the Town's official public record in accordance with records retention requirements and applicable law.

Where the purpose and effect of the amendment is to change the zoning classification, the Mount Airy Town Council shall make findings of fact in each specific case including but not limited to the following: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation from the Mount Airy Planning Commission, the relationship of such proposed amendment to the Mount Airy Master Plan; and may grant the amendment based upon the finding that there was a substantial change in the character of the neighborhood where the property is located or that there was a mistake made in the existing zoning classification.

In addition to the findings set forth in Subsection A above, and/or in the Land Use Article of the Maryland Code, § 4-204(b)(1) and/or (2), including but not limited to findings related to change or mistake, and to the extent not inconsistent therewith, all reclassification proposals shall be evaluated according to the criteria below, which shall be addressed in staff analyses, Planning Commission recommendations and Town Council findings:

Zoning decisions shall not be based on the race, ethnicity, or religion of the applicant, landowner, or future tenants of the property.