Myersville City Zoning Code
ARTICLE XV
Amendments
§ 165-117 Amendments authorized; initiation.
Whenever the public necessity, convenience, general welfare, or good zoning practices require, the Mayor and Council may by ordinance, after recommendation by the Planning Commission and subject to the procedure set forth in this article, amend, supplement or change the regulations, district boundaries, or classifications of property now or hereafter established by this chapter or amendments thereof. Such amendment, supplement, or change may be initiated by resolution of the Mayor and Council, by motion of the Planning Commission, or by petition of any property owner.
§ 165-118 Procedure for change.
A.
Any proposed amendment, supplement or change originating with or received by the Mayor and Council shall first be referred to the Planning Commission for an investigation and recommendation. The Planning Commission shall cause such investigation to be made as it deems necessary and for this purpose may require the submission of all pertinent data and information by any person concerned, may hold such public hearings as provided by its own rules, and shall submit its report and recommendation to the Mayor and Council within 60 days unless an extension of time is granted.
B.
After receiving the recommendation of the Planning Commission on any proposed amendment, supplement or change and before adopting such amendment, the Mayor and Council shall hold a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a paper of general circulation in Frederick County. A complete record of the hearing and the votes of all members of the Town Council shall be kept. The adjacent property owners shall be notified and the property shall be posted with a placard, as provided by the Town, within 15 days of the hearing date.
[Amended 4-11-2017 by Ord. No. 2017-04]
C.
No change in or departure from the proposed amendment as recommended by the Planning Commission shall be made unless the same be resubmitted to said Commission for its further recommendations. No amendment, supplement, or change shall be adopted contrary to the recommendations of the Planning Commission except by a three-fourths vote of the Mayor and Council.
§ 165-119 Fees for Zoning Map and Zoning Ordinance changes.
An applicant submitting an application for a change in the Zoning Map shall pay a filing fee. An applicant proposing or requesting a change in the text of this chapter shall pay a fee and shall also pay the cost of any advertising or publication of the proposed change. The fees shall be established, from time to time, by the Town Council upon the recommendation of the Planning Commission. The fee schedule shall be maintained on file in the office of the Town Clerk.
§ 165-120 Findings for reclassification.
[Amended 4-11-2017 by Ord. No. 2017-04]
Where the purpose and effect of the amendment are to change the zoning classification, the Myersville 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 Myersville Planning Commission, the relationship of such proposed amendment to the Myersville Comprehensive 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.
§ 165-121 Restriction upon acceptance of application for reclassification.
An application for a reclassification shall not be accepted for filing by the Myersville Town Council if the application is for the reclassification of the whole or any part of land the reclassification of which has been opposed or denied by the Town Council on the merits within 12 months from the date of the Town Council's decision.