Saint Michaels City Zoning Code
ARTICLE XVIII
Amendments in Critical Area District
§ 340-190 Applicability.
This article shall apply exclusively to all amendments and changes of the following types:
B.
All changes, classifications, reclassifications, zonings, rezonings, and map amendments, whether comprehensive, regional or piecemeal, to a zoning district, land management classification or map which is created or mandated by this chapter pursuant to the Critical Area Law and the Critical Area Regulations,[2] except for all applications for an award of growth allocation according to § 340-39 of this chapter.
[2]
Editor's Note: See Title 8, Subtitle 18 of the Natural Resources Article of the Annotated Code of Maryland and COMAR Title 27, respectively.
§ 340-191 Amendment of critical area program elements.
A.
The Town Commissioners may, from time to time, amend the critical area provisions of this chapter. Changes may include but are not limited to amendments, revisions, and modifications to these zoning regulations, Critical Area Maps, implementation procedures, and local policies that affect the Town's critical area. All such amendments, revisions, and modifications shall also be approved by the Critical Area Commission, as established in § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland. No such amendment shall be implemented without the approval of the Critical Area Commission. Standards and procedures for Critical Area Commission approval of proposed amendments are as set forth in § 8-1809 of the Natural Resources Article of the Annotated Code of Maryland, respectively.
[Amended 2-10-2021 by Ord. No. 519]
(1)
Text amendments. Amendments shall be processed according to § 340-195 of this Code. The Town Commissioners shall forward any approved amendment proposal to the Critical Area Commission for final approval.
(2)
Map amendments. Except for program amendments or program refinements developed during a six-year comprehensive review, a Zoning Map amendment may only be granted by the Town Commissioners upon proof of a mistake in the existing zoning. This requirement does not apply to proposed changes to a Zoning Map that meet the following criteria:
B.
When the Town submits a request for review and approval of changes to any Critical Area Program elements, including, but not limited to, this Chapter 340, Chapter 290, Subdivision of Land, of the Town Code, or Critical Area Maps, the request shall include all relevant information necessary for the Critical Area Commission Chairman and, as appropriate, the Critical Area Commission to evaluate the changes. The Critical Area Commission Chairman, and, as appropriate, the Critical Area Commission shall determine if the requests for changes are consistent with the purposes, policies, goals, and provisions of the Critical Area Law and Critical Area Regulations.[1] In accordance with the determination of consistency as outlined above, the Critical Area Commission Chairman or, as appropriate, the Critical Area Commission shall:
(1)
Approve the proposed program refinement or amendment and notify the Town;
(2)
Deny the proposed program refinement or amendment and notify the Town;
(3)
Approve the proposed program refinement or amendment subject to one or more conditions; or
(4)
Return the proposed program refinement or amendment to the local jurisdiction with a list of changes to be made.
[1]
Editor's Note: See Title 8, Subtitle 18 of the Natural Resources Article of the Annotated Code of Maryland and COMAR Title 27, respectively.
§ 340-192 Amendment procedures.
The following procedures shall be required for the approval of an amendment to this chapter of the type governed by this Article XVIII:
A.
Applications for piecemeal map amendments. Only a property owner or his/her representative may apply for a piecemeal map amendment of the type governed by this article involving his/her land.
B.
Applications for all other amendments. All other types of amendments governed by this article may only be initiated by the Town Commissioners.
C.
Procedures for processing amendments. Amendments of the type governed by this article shall be processed as follows:
(1)
Procedures for processing piecemeal amendments. An application that has the purpose or effect of a piecemeal land use management reclassification, piecemeal amendment of Critical Area Overlay District boundaries, or other piecemeal map amendments shall be processed in accordance with the procedures described in the following provisions of this chapter:
(2)
Procedures for processing all other amendments. Except for an application governed by the procedures of Subsection C(1) procedures for processing piecemeal amendments, a proposal that has the purpose or effect of a text and/or map amendment of the type governed by this article shall be processed in accordance with the procedures described in the following provisions:
(3)
An application or proposal of the type governed by this article that is approved by the Town Commissioners shall thereafter be referred by the Town to the Critical Area Commission for its final review and decision.
(4)
Critical area commission approval. An application, proposal or amendment that has been approved by the Town Commissioners shall thereafter be referred by the Town to the Critical Area Commission for its final review and decision. No such application, proposal, or amendment of the type governed by this article shall become effective unless and until it has been reviewed and approved by the Critical Area Commission, as provided by the applicable provisions of the Critical Area Law and the Critical Area Regulations.[1]
[1]
Editor's Note: See Title 8, Subtitle 18 of the Natural Resources Article of the Annotated Code of Maryland and COMAR Title 27, respectively.
(5)
Enactment of an ordinance to effect text and/or map amendment. Upon completion of the required procedures and approvals relating to a proposal or application for a text and/or map amendment of the type governed by this article, the Town Commissioners shall, without further procedures except those required by the Town Charter, subject in a legislative process to the provisions of § 340-195B(2), enact an ordinance to affect the text and/or map amendment thereby approved, in accordance with all terms and conditions of such approval.