New Windsor City Zoning Code
ARTICLE XVIII
Amendments
§ 215-100 Periodic amendments and modifications.
The Mayor and Council 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.
§ 215-101 Referral to Planning Commission.
The Mayor and Council shall refer all proposed changes and amendments to these regulations or proposed changes in a zoning district to the Planning Commission for report and recommendation.
§ 215-102 Procedures.
A.
A public hearing shall be held by the Mayor and Town Council before adoption of any proposed amendment, supplement or change, public notice of which shall have been placed in a newspaper of general circulation in the Town of New Windsor not more than 30 days before the hearing, nor less than 15 days.
B.
In order to defray the expense of a public hearing for a zoning change, the person or parties petitioning for a zoning change shall deposit with the Town a fee to be established by resolution of the Town Council. No part of such amount shall be refunded for failure of said amendment to be enacted into law.
§ 215-103 Mayor and Council; Planning Commission.
A.
Where the purpose and effect of the proposed amendment is to change the zoning classification, the Mayor and Town Council 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 all members of the Mayor and Town Council shall be kept.
B.
An application for a reclassification shall not be accepted for filing by the Mayor and Town Council if the application is for the reclassification of that which has been opposed or denied by the Mayor and Town Council within 12 months from the date of the local legislative body's decision.
C.
No change in or departure from the proposed amendment as recommended by the Planning Commission shall be made unless the same is resubmitted to the Commission for its further recommendations. No amendment, supplement or change shall be adopted contrary to the recommendations of the Planning Commission, except by a majority of the Mayor and Town Council.
D.
Conditional zoning.
(1)
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, 1995, the Mayor and Town Council 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 this chapter.
(2)
Conditions imposed or requested may not include the allowance of uses not otherwise expressly permitted in the district.
(3)
Conditions recommended by the Planning Commission shall be published with the notice of public hearing that is required for the hearing held by the Mayor and Town Council. The Mayor and Town Council may accept, reject or modify the conditions recommended by the Planning Commission. The Mayor and Town Council shall submit for comment from the Planning Commission conditions not reviewed by the Planning Commission at their own hearing.
(4)
Conditions imposed by the decision of the Mayor and Town Council shall be made public concurrently with the decision.
(5)
Conditions shall be enforced by the Mayor and Town Council through the Planning and Zoning Commission.
(6)
The Planning Commission may require from the applicants what information it deems necessary to show that the conditions are being adhered to.