The regulations, restrictions and boundaries set forth in this title may, from time to time, be amended, supplemented, modified, changed or repealed by the council of the City of Salisbury.

(Prior code § 150-301)

A.

Planning Commission Review.

1.

All applications for a zoning code text amendment or a district boundary change shall be made to the planning director, and any such amendment, supplement, modification, change or repeal shall be referred to the Salisbury planning commission for review and recommendation to the city council.

a.

The planning commission shall cause such investigation and study to be made as it deems necessary to prepare a report containing the commission's recommendation to the city council.

b.

The commission shall hold a public hearing and shall submit its report and recommendation to the city council within six months of receipt of such application.

c.

If the planning commission fails to submit its report and recommendation within six months, any such proposed amendment, supplement, modification or change may be acted upon by the city council without benefit of such report or recommendation.

2.

If there is any change in the request, such as enlargement of land area or change of zoning reclassification requested, after review and recommendation by the planning commission, the request shall be resubmitted to the planning commission for further review and recommendation prior to the city council's formal action on the request.

3.

The planning commission shall make a recommendation. In the event that no recommendation is made, the commission's indecision or failure to forward a recommendation within six months shall be considered on balance as favorable to the proposed amendment, and a favorable recommendation shall be forwarded to city council.

B.

Public Hearing by City Council.

1.

No such amendment, supplement, modification, change or repeal shall become effective until after a public hearing is held in relation thereto by city council, at which parties in interest and citizens shall have an opportunity to be heard. At least fourteen (14) days' notice of the time and place of such hearing shall be published in an official paper or paper of general circulation in the City of Salisbury in accordance with the requirements of Section 17.04.150, and in the case of a change in classification of zone, a similar notice shall be posted in such place or places as the planning director shall designate within the area proposed to be reclassified.

2.

A complete record of the hearing and the votes or actions on the amendment of all members of city council shall be kept.

(Prior code § 150-302)

A.

Findings.

1.

Where the purpose and effect of the proposed amendment is to change the zoning classification, city council shall make findings of fact in each specific case, including but not limited to the following matters:

a.

Population change;

b.

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;

f.

The relationship of such proposed amendment to the jurisdiction's plan.

2.

The city council may grant the reclassification based upon a finding that there has been a substantial change in the character of the neighborhood where the property is located or that there is (was) a mistake in the existing zoning classification.

B.

Where the purpose and effect of the proposed amendment is to change the zoning to a classification listed as a planned development district, city council shall make findings of fact as listed in subsection (A)(1)(a) through (f) of this section and compliance with the intent for planned development districts, and the purpose of the district proposed.

C.

No zoning regulation, restriction or boundary amendment may become effective until ten days after at least one public hearing has been held thereon.

(Prior code § 150-303)

A.

An application for reclassification of zone shall not be accepted for filing by the planning commission 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 city council, on the merits, within twelve (12) months from the date of city council's decision.

B.

An application for a text amendment shall not be accepted for filing by the planning commission if the application is to add a use to a district which has been opposed or denied by the city council, on the merits, within twelve (12) months from the date of the council's decision.

(Prior code § 150-304)

The city council, upon the zoning or rezoning of any land or lands pursuant to the provisions of this authority, 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 authority and of Salisbury's zoning ordinance.

(Prior code § 150-305)

A.

Planning Commission Review. The provisions of Section 17.228.020, with respect to planning commission review, recommendation to city council, public hearings and changes to the commission's recommendation, shall apply equally to conditional zoning, except that changes to recommend conditions to be sought may be approved by the city council without referral to the planning commission for further recommendation.

B.

Public Hearing by City Council and Publication of Conditions. The provisions of Section 17.228.020, relative to a public hearing and the official notice of said hearing, shall apply equally to applications for conditional zoning and to the publication of restrictions, conditions or limitations sought to be imposed on improvements or changes to be made on subject land.

C.

Amendments to Conditions. Amendments or changes to restrictions, conditions or limitations shall be made in accordance with the procedures followed in the original application.

(Prior code § 150-306)

A.

Restrictions, conditions or limitations sought to be imposed shall be adopted by ordinance of the city council. Conditions shall be a part of the ordinance approving any proposed reclassification.

B.

Said ordinance shall contain, as a minimum, the following information:

1.

A description of the property affected by the conditions imposed;

2.

The zoning classification of the property affected by the conditions imposed;

3.

The name of the owners of record and, if under option, the prospective owners;

4.

Maps, drawings or illustrations that may more fully or clearly illustrate said conditions. Any illustrative documents approved as part of the proposed conditions shall be clearly labeled as a part of the approving ordinance;

5.

The method of assuring compliance with all conditions imposed, including the title of the department responsible for enforcement, as determined by the city council.

C.

Public Records.

1.

Subsequent to approval by city council a signed, certified copy of the ordinance with conditions of zoning shall be filed, under the name of the owner of record, in the land records office of Wicomico County.

2.

One copy of the approving ordinance and all related documents shall be on file in the office of the city clerk for public reference.

(Prior code § 150-307)

A.

The Director of the Department of Infrastructure and Development shall be the officer authorized by the city council to enforce the conditions imposed by the city council in the approving ordinance.

B.

No permit to use or occupy the property prior to fulfilling the conditions imposed by the approving ordinance shall be issued by any agency or department of the City of Salisbury.

(Ord. 1976 (part), 2005; prior code § 150-308)

(Ord. No. 2459, 10-9-2017)