§ 88-68 Power of Burgess and Commissioners to amend provisions.
The Burgess and Commissioners ,may from time to time, on their own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts, regulations or restrictions herein established.
A public hearing shall be held by the Burgess and Commissioners before the adoption of any proposed amendment, supplement or change, public notice of which shall have been placed in a newspaper of general circulation in the Town of Walkersville once each week for two successive weeks, with the first such publication of notice appearing at least 14 days, but not more than 30 days, prior to the hearing. The property shall be posted with the date and time of the public hearing 15 days prior to the hearing.
The Burgess and Commissioners shall adopt a schedule of fees for review and processing of Zoning Map amendment, zoning text amendment, and annexation applications.
No amendment shall be considered or acted upon by the Burgess and Commissioners unless it is first submitted to and approved by the Planning Commission (except, however, that failure of the Planning Commission to report within 60 days shall be deemed approval), or if disapproved by the Planning Commission, it shall be considered approved if it receives a majority vote of the Burgess and Commissioners. The property shall be posted with the date and time of the Planning Commission public hearing at least 15 days prior to the hearing, and public notice of the hearing shall be published in a newspaper of local circulation at least 14 days prior to the hearing.
Where the purpose and effect of the proposed amendment is to change the zoning classification, the Burgess and Commissioners shall make findings of fact in each specific case, including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation of the Planning Commission and the relationship of such proposed amendment to the Town's plan; and the Burgess and Commissioners may grant the amendment based upon a finding that there was a substantial change in the character of the neighborhood where the property is located or that there was a mistake in the existing zoning classification. A complete record of the hearing and the votes of the Burgess and Commissioners shall be kept.
An application for a reclassification shall not be accepted for filing by the Burgess and Commissioners 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 the Burgess and Commissioners within 12 months from the date of the local legislative body's decision.
No change in or departure from the proposed amendment, as recommended by the Planning Commission, shall be made unless the same is resubmitted to the Commission for its further recommendations. No amendment, supplement or change shall be adopted contrary to the recommendations of the Planning Commission except by a majority vote of the Burgess and Commissioners.
Walkersville City Zoning Code
ARTICLE X
Amendments
§ 88-68 Power of Burgess and Commissioners to amend provisions.
The Burgess and Commissioners ,may from time to time, on their own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts, regulations or restrictions herein established.
A public hearing shall be held by the Burgess and Commissioners before the adoption of any proposed amendment, supplement or change, public notice of which shall have been placed in a newspaper of general circulation in the Town of Walkersville once each week for two successive weeks, with the first such publication of notice appearing at least 14 days, but not more than 30 days, prior to the hearing. The property shall be posted with the date and time of the public hearing 15 days prior to the hearing.
The Burgess and Commissioners shall adopt a schedule of fees for review and processing of Zoning Map amendment, zoning text amendment, and annexation applications.
No amendment shall be considered or acted upon by the Burgess and Commissioners unless it is first submitted to and approved by the Planning Commission (except, however, that failure of the Planning Commission to report within 60 days shall be deemed approval), or if disapproved by the Planning Commission, it shall be considered approved if it receives a majority vote of the Burgess and Commissioners. The property shall be posted with the date and time of the Planning Commission public hearing at least 15 days prior to the hearing, and public notice of the hearing shall be published in a newspaper of local circulation at least 14 days prior to the hearing.
Where the purpose and effect of the proposed amendment is to change the zoning classification, the Burgess and Commissioners shall make findings of fact in each specific case, including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation of the Planning Commission and the relationship of such proposed amendment to the Town's plan; and the Burgess and Commissioners may grant the amendment based upon a finding that there was a substantial change in the character of the neighborhood where the property is located or that there was a mistake in the existing zoning classification. A complete record of the hearing and the votes of the Burgess and Commissioners shall be kept.
An application for a reclassification shall not be accepted for filing by the Burgess and Commissioners 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 the Burgess and Commissioners within 12 months from the date of the local legislative body's decision.
No change in or departure from the proposed amendment, as recommended by the Planning Commission, shall be made unless the same is resubmitted to the Commission for its further recommendations. No amendment, supplement or change shall be adopted contrary to the recommendations of the Planning Commission except by a majority vote of the Burgess and Commissioners.