Saint Michaels City Zoning Code
ARTICLE XIX
Amendments
§ 340-193 Power to amend.
The text of this chapter or the boundaries of any zoning district may be amended in accordance with the procedures of this article. For this article, the term "amend" shall include the terms "enact," "reenact," "modify," "supplement," and "repeal."
§ 340-194 Exclusions.
§ 340-195 Text amendments.
A.
An amendment to the text of this chapter may be proposed by the Town Commissioners, the Planning Commission, or any person. Application for text amendments from anyone other than a Commissioner shall be made to the Town Commissioners in writing.
B.
After receiving an application proposing a text amendment, the Town Commissioners shall determine whether the proposal merits further consideration.
C.
If the proposal is determined to merit further consideration, the Town Commissioners may, by vote, and in their sole discretion, refer the proposal to the Planning Commission or other board, commission, or panel for review.
(1)
The referral shall be in writing and shall request that the Planning Commission evaluate the consistency of the proposal with the Comprehensive Plan. The referral may also identify other questions or issues to which the Town Commissioners wish to direct the Planning Commission's attention or upon which they wish to solicit the Planning Commission's advice.
(2)
Upon receiving the referral, the Planning Commission shall place the proposal on its agenda for a public meeting. At that meeting, as part of its review of the proposal, the Planning Commission shall accept public comment on the proposal. A public hearing in accord with § 340-200 is not required.
(3)
By the required reporting date, the Planning Commission shall submit to the Town Commissioners its written report on the proposal.
(a)
The required reporting date shall be either the 60th day following the date of the written referral or date requested by the Planning Commission and agreed to by the Town Commissioners, whichever is later.
(b)
If the written report of the Planning Commission is not submitted by the required reporting date, the report of the Planning Commission on the referral shall be deemed to be "The Planning Commission has no comment on the referred proposal or its consistency with the St. Michaels Comprehensive Plan."
D.
Prior to voting to enact the legislation, the Town Commissioners shall conduct a public hearing on the legislation. Notice of the hearing shall be provided according to the requirements of § 340-200. A complete record of the hearing shall be kept.
(1)
Once a public notice of the hearing has been given, the text of the legislation (including any amendments introduced under Subsection C(3)(c) may not be altered until the hearing has concluded.
(2)
Once the hearing has concluded, the text of the legislation may not be altered in any material respects. If alterations are made to the text of the legislation, the Commissioners shall affirm by vote that these alterations do not materially change the legislation as considered in the public hearing. Amendment introduced under Subsection C(3)(c) shall be deemed part of the legislation under consideration and not textual alterations to which this subsection applies.
E.
An applicant may request at any time to withdraw a proposed text amendment. Requests to withdraw shall be submitted to the Town Commissioners in writing.
(1)
If the request to withdraw is received by the Town Commissioners prior to the introduction of legislation, the withdrawal shall be granted automatically by the Town Commissioners.
(2)
If the request to withdraw is received by the Town Commissioners after the introduction of legislation, the withdrawal shall not be granted without the consent of those Town Commissioners who introduced the legislation.
(3)
(a)
Withdrawal shall not relieve the applicant of the duty to pay the costs incurred by the Town to the time of withdrawal. Those costs shall be deducted from the application fee, and the remainder of the fee, if any, shall be returned to the applicant.
(b)
For 12 months following withdrawal, the Town Commissioners shall not accept from the same applicant any proposal for a text amendment like the one withdrawn unless the Town Commissioners, by resolution, waive the twelve-month restriction.
§ 340-196 Map amendments for piecemeal rezoning.
A.
An amendment to the Official Zoning District Maps through a piecemeal rezoning may be proposed by the Town Commissioners, the Planning Commission, or any person with a committed financial, contractual, or proprietary interest in a property whose zoning would be changed by the proposed amendment. Application for a piecemeal rezoning shall be made to the Town Commissioners through the Zoning Office.
B.
After receiving an application proposing a piecemeal rezoning, the Town Commissioners shall refer the proposal to the Planning Commission for review and recommendation.
(1)
The referral shall be in writing and shall request that the Planning Commission evaluate the consistency of the proposal with the St. Michaels Comprehensive Plan. The referral may also identify other questions or issues to which the Town Commissioners wish to solicit the Planning Commission's attention or upon which they wish to solicit the Planning Commission's advice.
(2)
Upon receiving the referral, the Planning Commission shall place the proposal on its agenda for a public meeting. At that meeting, as part of its review of the proposal, the Planning Commission shall accept public comment on the proposal. A public hearing in accord with § 340-200 is not required.
(3)
The required reporting date shall be either the 60th day following the date of the written referral or date requested by the Planning Commission and agreed to by the Town Commissioners, whichever is later.
(4)
If the written recommendation of the Planning Commission is not submitted by the required reporting date, the response of the Planning Commission to the referral shall be deemed to be "The Planning Commission recommends neither for nor against the proposal."
C.
After receiving the recommendation of the Planning Commission, or after the passing of the required reporting date, the Town Commissioners shall hold a public hearing on the proposed piecemeal rezoning. Notice of this hearing shall be provided according to the requirements of § 340-200. A complete record of the hearing shall be kept.
D.
After holding the public hearing, the Town Commissioners shall render a written decision on the proposed piecemeal rezoning. In that written decision:
(1)
The Town Commissioners shall make findings of fact that include the following matters:
(a)
Population change;
(b)
The availability of public facilities;
(c)
Present and future transportation patterns;
(d)
Compatibility with existing and proposed development for the area;
(e)
The recommendation of the Planning Commission; and
(f)
The relation of the proposed piecemeal rezoning to the Comprehensive Plan.
E.
An applicant may withdraw a proposed map amendment at any time, but withdrawal shall not relieve the applicant from the duty to pay the costs incurred by the Town to the time of withdrawal. Within 12 months after the withdrawal of a proposed map amendment, the Town shall accept no application proposing a map amendment for land that in whole or in part was the subject of the withdrawn map amendment, unless, by resolution, the Town Commissioners declare that the twelve-month restriction shall not apply.
F.
Multiple applications.
(1)
No application for a map amendment shall be accepted by the Town if that application includes land that, in whole or part, is the subject of a pending application for a map amendment.
(2)
No application for a map amendment shall be accepted by the Town if that application includes land that, in whole or part, was the subject of an application denied by the Town Commissioners in the past 12 months.
§ 340-197 Map amendments for comprehensive rezoning.
A.
An amendment to the Official Zoning District Maps through a comprehensive rezoning is a legislative decision. As such, it shall be initiated by the Town Commissioners.
B.
Legislation proposing a comprehensive rezoning shall be preceded by a study of the area considered for rezoning.
(1)
The study shall have the following attributes:
(a)
It is directed by the Planning Commission.
[1]
The Town Commissioners may appoint a citizen advisory committee, reporting to the Planning Commission, to help prepare the study.
[2]
With the approval of the Town Commissioners, one or more professional consultants may be employed by the Planning Commission, or by the citizen advisory committee, in the preparation of the study.
(b)
It covers a substantial area of the Town, including multiple zoning districts.
(e)
It assesses, for any area, it recommends for rezoning, consistency of the recommended zoning with the Comprehensive Plan.
(f)
It is approved by the Planning Commission and recommended by the Planning Commission to the Town Commissioners. The St. Michaels Comprehensive Plan may be accepted by the Town Commissioners as fulfilling the study requirement.
(2)
Based on the study, the Town Commissioners may introduce legislation amending the Official Zoning District Maps.
C.
Prior to voting on legislation to amend the Official Zoning District Maps through a comprehensive rezoning, the Town Commissioners shall conduct a public hearing on the legislation. Notice of the hearing shall be provided according to the requirements of § 340-200. A complete record of the hearing shall be kept. Once a public notice of the hearing has been given, the legislation may not be altered prior to voting by the Town Commissioners.
§ 340-198 Zoning Map amendments in the critical area.
Except for program amendments or program refinements developed during a six-year comprehensive review, a Zoning Map amendment of the land use management classification may only be granted by 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:
§ 340-199 Amendments for floating zone districts.
The provisions of this article and Article XVIII where applicable regarding the procedures and requirements of public hearings and findings of fact to be made regarding applications shall also apply to requests for floating zone district designation except that it shall not be necessary to prove a change in the character of the neighborhood or mistake in the original zoning of the property in order to gain approval. In floating zone districts, the test for approval or denial shall be compatibility with the neighborhood and consistency with the Comprehensive Plan.
§ 340-200 Public hearings.
A.
Except as provided in § 340-138, public hearings required under this article must receive advance notice as follows.
(1)
Notice of the date, time, and place of the hearing, together with a summary of the proposed amendment, shall be published in at least one newspaper of general circulation in the Town once each week for two successive weeks. The first notice must be published at least 14 days before the hearing.
(2)
If the subject of the hearing is an application for a piecemeal rezoning, in addition to the published notice:
(a)
A notice similar to the published notice must be posted on the land that is the subject of the application; and
(b)
The published notice must be mailed, by first-class United States mail, to any person whose name last appeared in the tax records of the Town as an owner of land contiguous to any land that is the subject of the application.
B.
Public hearings required under this article may, at the discretion of the body conducting the hearing, during a properly convened session of the hearing, be continued and reconvened from time to time, provided that notice of the date, time, and place of each subsequent reconvening is given either: