Proposals originated by the Town Council, any member thereof, or the Mayor. Any proposal originated by the Town Council, by its own motion, or any member thereof, or by the Mayor of the Town, shall be referred immediately by the Town Council to the Planning Commission. Within 30 days of the referral of the said proposal, whether to amend, supplement, change, modify or repeal, the Planning Commission shall submit to the Town Council a report containing the Commission's recommendations, which may include any suggestions the Commission may wish to make for additions or modifications to the original proposal.

Proposals originated by the Planning Commission. The Planning Commission may at any time transmit to the Town Council any proposal for the amendment, supplementation, change or modification, or repeal of this chapter, and shall accompany any such proposal with a written report, stating its reasons, and any additional information it may wish to submit with the proposal.

Proposals originated by a citizen.

In any instance where this chapter requires a written report from the Planning Commission, the Planning Commission shall consider any findings of fact required by this chapter for a decision on any given proposal, and shall make recommendations with respect to each finding of fact, in writing, and shall supply such technical data and information as it deems necessary and appropriate, in its report.

Publish a notice containing the name of the applicant, if any; the date, time, and place of the hearing; and a summary of the proposed change (regulation, restriction or boundary) in at least one newspaper of general circulation in the Town, once each week for two successive weeks, with the first such publication of notice appearing at least 14 days prior to the hearing.

When such hearing concerns a Zoning Map change, a notice of pending action containing the same information as in Subsection A above shall be posted in a conspicuous place on the property involved, such posting to take place at least 15 days prior to the date fixed for public hearing.

When such hearing concerns a Zoning Map change, written notice of the time and place of such hearing shall be sent by certified mail to the applicant, if any, and to the owners of property contiguous to and opposite the property affected.

At the discretion of the Town Council, written notices of hearing may be sent to other interested persons, organizations or agencies.

The effect of the proposed amendment, supplement, change, modification, or repeal upon the public health, safety, morals and general welfare of the community and its present or future inhabitants.

Whether the proposed amendment, supplement, change, modification or repeal is in harmony with the general purpose and intent of the adopted plan of the Town and the overall scheme of these regulations.

The possibility of traffic generation and congestion, including truck, passenger car and pedestrian traffic, as well as present and future transportation patterns.

The generation of noise, smoke, dust, fumes, vapors, gases, heat, odors, glare or vibration.

The effect of the proposed amendment, supplement, change, modification or repeal upon any preservation district, area or building within the Town.

Any population changes.

The report and recommendations of the Planning Commission.

Any changes in the character of the Town, which would make the proposed change to these regulations beneficial and legislatively appropriate.

The harmony and relationship of the proposed change to the remaining sections of this chapter and the intent thereof.

Whether the proposed change would operate to impose an extreme hardship, or a confiscation upon any particular property or any particular properties.

Whether the proposed change might result in future development which would adversely affect the character of any neighborhood, or the character or developmental direction of the Town of Oakland.

Mistake in the original zoning.

Change in the character of the neighborhood. When considering an application for a map amendment, based upon the petitioner's claim that there has been a substantial change in the character of the neighborhood where the property is located, the Council shall consider and make findings of fact on the following issues and matters:

The Town Council may approve or deny the proposed amendment, modification, repeal, or reclassification based upon the finding of fact as required herein. A complete record of the findings and of the vote of all members shall be kept.

When considering a request for a map amendment, based upon the petitioner's contention that there has been a change in the character of the neighborhood, the Town Council may entertain any offer by the petitioner that the petitioner is willing to agree to conditions precedent being set by the Town Council if, based upon its findings of fact, it should agree to reclassify the subject property. Under such an agreement, the Council may impose such additional restrictions, conditions, or limitations as may be appropriate to preserve, improve, or protect the general character and design of the land and improvements being zoned or rezoned, or of the surrounding or adjacent land and improvements, and may, upon the zoning or rezoning, and pursuant to such an agreement, retain or reserve the power and authority to approve or disapprove the design of buildings, construction, landscaping, or other improvements, alterations, and changes to be made on the subject land to assure conformity with the intended purpose of this chapter and of the adopted plan of the Town, and to effectuate the agreement. In the event such an agreement is reached, it shall be reduced to writing, and thereafter all stated conditions shall be conditions precedent and the requested map change shall not become finally effective until all such conditions are carried out in full. In the event all such conditions are not carried out in full, the map change shall become null and void and the property shall revert to its former classification.

Within one year of the granting of Commercial (C) and/or Employment Center (EC) District zoning, application shall be made for a zoning permit for use of the said land; otherwise the zoning for the C and EC Districts shall revert automatically to their prior district classifications without notice and public hearings.

Within one year of issuance of zoning permits, construction or use shall be commenced on the land so zoned; otherwise the zoning for the C and EC Districts shall revert automatically to their prior district classifications without notice and public hearings.

Within two years of the issuance of zoning permits for the land so zoned, the subject land shall be substantially devoted to such use or uses as may be permitted in the zoning districts; otherwise the zoning for the C and EC Districts shall revert automatically to their prior classifications without notice and public hearings.

A violation of any provision(s) of this chapter is a municipal infraction and is subject to Chapter 40, Municipal Infractions, and the fines or penalties provided in the Resolution of Fines for Municipal Infractions. The Mayor and Town Council may change the amount of fines and penalties in the Resolution of Fines for Municipal Infractions after the changes have been duly posted in accordance with the policy of the Mayor and Town Council of Oakland for advertising for the adoption of resolutions.

The Town, upon proper order from the District Court of Maryland, shall have the right, in addition to other remedies or penalties set forth in these regulations, to enter upon said property and remove the offending violation(s) and to assess the property owner for the cost thereof, and such assessment shall be collectible under the laws of Maryland as in any other legitimate Town charge or assessment.

Nothing contained in this chapter shall prohibit or prevent the Town from seeking other legal remedies, such as injunction, criminal prosecution, or damages in a civil action pursuant to § 7.01 of Article 66B, Annotated Code of Maryland, as amended.