Somerset City Zoning Code
Appendix B
Zoning Amendment Procedure*
Part I. Process for the Introduction and Consideration Of Amendments to the Text of the Zoning Ordinance for the Maryland-Washington Regional District Within Montgomery County, Maryland
Pursuant to Council Resolution 18-48, adopted January 27, 2015.
Action
The County Council for Montgomery County, Maryland, sitting as the District Council for that portion of the Maryland-Washington Regional District located in Montgomery County, approves the following procedures for the introduction and consideration of proposed amendments to the text of the Montgomery County Zoning Ordinance and repeals Resolution 16-63:
(a) Only a Councilmember, the County Executive, or the Planning Board may recommend a zoning text amendment to the Council.
(b) Zoning text amendments submitted for introduction must contain:
(1) a short description of the requested amendment;
(2) a statement of the problem that the amendment addresses and the reasons for the amendment;
(3) the effect of the proposed amendment on existing law and procedures;
(4) any exigency related to the proposed amendment; and
(5) the new text to be added and existing text to be deleted from the Zoning Ordinance.
(c) Council staff must forward all zoning text amendments to the Zoning Text Amendment Advisers before its introduction by the Council. The Advisers' recommendations must be communicated back to the author of the ZTA as soon as Council staff can do so. The Council President may schedule the text amendment for introduction without a review by the Zoning Text Amendment Advisers.
(d) Unless 5 members of the Council object, any text amendment recommended by a Councilmember, the County Executive, or the Planning Board must be introduced. Any text amendment recommended by the County Executive or Planning Board must be sponsored by the District Council.
2. Required Staff Consultations for a Zoning Text Amendment
(a) The Zoning Text Amendment Advisers must include one staff representative each from the Montgomery County Planning Board; the Office of the County Attorney; the Office of Zoning and Administrative Hearings; the Department of Permitting Services; the Board of Appeals; the People's Counsel; and the Office of the County Executive. Staff must be designated by the office or agency.
(b) The staff representative of the Office of the County Council, within a reasonable time after an amendment to the Zoning Ordinance is drafted, must forward the proposed draft to the Zoning Text Amendment Advisers. The method of consultation with the Advisers must be determined by Council staff. An impact assessment of any proposed amendment must be requested from the Montgomery County Planning Board staff. Council staff must consult with designated Zoning Text Amendment Advisers before drafting any staff reports.
3. Introduction of Zoning Text Amendments
(a) A zoning text amendment may be introduced at any time. The recommendation of the Zoning Text Amendment Advisers will not prevent any Councilmember or members from introducing any text amendment.
(b) Upon introduction, copies of each text amendment must be made available for distribution to the public. After introduction, the Office of the County Council, the Department of Permitting Services, and the Zoning Office of the Planning Board must keep copies on file, for distribution to the public on request.
(c) Within 5 days after the introduction of each zoning text amendment, Council staff must transmit a copy to the Planning Board and the County Executive for review as required by Section 59.7.2.4 of the Zoning Ordinance.
(d) After the public hearing on the text amendment, the Advisers' recommendations may be summarized in Council staff's memorandum to the appropriate Council committee before the worksession on the text amendment. The staff memorandum must also include an analysis of the amendment, and a recommendation as to whether the amendment should be adopted with or without revisions. The recommendations of the Planning Board and Planning Staff must be included in material provided to the appropriate Committee and Council.
4. Format for Introduction of Zoning Text Amendments
Zoning text amendments to be introduced must be in the form prescribed by the Montgomery County Plain Language Drafting Manual, adopted by the County Council in Resolution No. 10-1182, as amended.
1.0 Introduction.
On March 10, 1981, the district council adopted Ordinance No. 9-36 in order to provide a procedure for the consideration of the correct zoning applicable to properties improperly excluded from prior zoning actions for the purposes of reserving the land for public rights-of-way that resulted in a freeze or depression of property values of the excluded area. While property owners or other interested persons may obtain a remedy through the courts or by the rezoning process, the district council found a need for a more informal and less expensive process. Since this procedure is designed to be remedial, its provisions are to be liberally construed to facilitate the intent of the district council.
1.1 Filing of petition.
A petition for declaratory ruling may be filed at any time and shall not be subject to the limitations on filing applicable to local map amendment applications and set forth in section 59-H-2.2. The petition should be addressed to the county council and filed with three (3) copies in the hearing examiner's office. The petition should contain sufficient facts to justify the declaration sought or as otherwise may be requested by this office. The petition will be assigned a designation as a petition for a declaratory ruling in the following manner: DR-(calendar year)-(sequential numbering system).
1.2 Costs.
With the filing of a petition, no filing fees are required. However, a sign deposit of forty-two dollars and fifty cents ($42.50) shall be required at the time of filing although this deposit will be fully reimbursed if the sign is returned to the hearing examiner's office within twenty (20) days after the declaratory ruling is issued by the district council.
1.3 Technical staff and planning board review.
After filing, the petition shall be referred to the technical staff and the planning board within five (5) days for their evaluation prior to the public hearing.
1.4 Hearing and notice.
The petition shall be subject to the notice and hearing requirements of section 59-H-4 except that petition shall be designated as a petition for declaratory ruling instead of a zoning reclassification.
1.5 Report and recommendation.
The hearing examiner will comply with the procedural requirements of section 59-H-5.12 with respect to the issuance of a report and recommendation to the district council except that the time for the report will be twenty (20) working days instead of forty-five (45) days. After receipt of the hearing examiner's report and recommendation, the district council shall consider the hearing examiner's report and recommendation and issue by resolution a ruling on the petition.
1.6 Declaratory ruling.
A certified copy of the council's declaratory ruling shall be promptly forwarded by the district council or its authorized designee to the technical staff of the Maryland-National Capital Park and Planning Commission who shall be responsible for modifying the zoning maps accordingly. Copies of the declaratory ruling shall also be forwarded by the district council or its authorized designee to the applicant, the chairman of the Montgomery County Planning Board and to all persons entering their appearance at the public hearing as shown by the hearing transcript; and a copy shall be promptly furnished to the director of the department of environmental protection, the director of the office of finance and to the chief of the division of assessments.