A local amendment covering a single tract, all portions of which are proposed to be classified in one zone or two alternative zones.

A sectional amendment covering two or more tracts or parcels of land in the City, portions of which may be proposed to be classified in different zones.

A comprehensive amendment covering the entire City, portions of which may be proposed to be classified in different zones.

Who may file.

Signature of applicant. All applications shall be signed by the applicant and shall state his name and address.

An application for a local map amendment shall not be accepted for filing by the Zoning Administrator if the application is for the reclassification of the whole or any part of land, the reclassification of which has been denied by the Common Council on the merits within 12 months from the date of the decision of the Common Council or the date of the last judicial decision upholding the decision of the Common Council.

An application for a local map amendment shall not be accepted for filing by the Zoning Administrator if the application fails to conform to any of the applicable requirements of this chapter.

An application for a text amendment or for a local map amendment shall not be accepted for filing unless it is in the form provided herein and is accompanied by a receipt from the City Treasurer showing payment to the City of the applicable filing fee.

The Mayor and Common Council shall adopt filing fees as provided in the General Fee Ordinance.[1]

The filing fee requirements of this section do not apply to the governmental agencies described in § 164-177A(1).

Once paid, no filing fee shall be refunded unless the application is withdrawn prior to its advertising for hearing has been ordered, in which event 3/4 of the fee shall be refunded.

Local map amendments. An application for a local map amendment shall be in such form as the Zoning Administrator may prescribe and shall include the following:

Sectional and comprehensive amendments. An application for a sectional or comprehensive amendment shall be in such form as the Zoning Administrator may prescribe.

Text amendments. An application for an amendment to the text of this chapter shall be in such form as the Zoning Administrator may prescribe but shall include the new text which is proposed to be added and the existing text which is proposed to be deleted.

Erection of sign. Not less than 20 days before the hearing date on an application for a local map amendment, the Zoning Administrator shall erect a sign on the land proposed to be reclassified. The sign shall be erected within 10 feet of whatever boundary line of such land abuts the most traveled public road and, if no public road abuts thereon, then facing in such manner as may be most readily seen by the public. The sign shall contain such information as the Zoning Administrator may require, including the time, place and purpose of the hearing.

Removal of or tampering with sign. It shall be unlawful for anyone except the Zoning Administrator to remove or tamper with the sign erected under this section during the period it is required to be maintained.

Affidavit. At the hearing on any application for a local amendment to the Zoning Map or within 10 days thereafter, the applicant shall file an affidavit stating that the sign required by this section was continuously maintained in accordance with the requirements thereof through the date of the last hearing on such application. If such sign was not continuously maintained, such affidavit shall be sufficient if it states that following erection of such sign the property was inspected at least once per week and that on each and every occasion through the date of the affidavit such sign was found to be in place or, in the event that such sign was damaged, destroyed or removed, that such sign was repaired or replaced within five days of the inspection which resulted in discovery of the damage to or destruction or removal of such sign.

Within a reasonable time after accepting for filing any application for the amendments provided in § 164-176, except those regarding the Historic District Zone, the Zoning Administrator shall refer a copy thereof to the Commission for its study and recommendations and notify the Commission of the hearing date of the application. The Commission shall thereupon promptly submit a report and recommendation prior to the hearing date to the Zoning Administrator, which shall be incorporated in the application file and thereafter be considered as a part of the record on the application.

Within a reasonable time after accepting for filing any application for the Historic District Zone, the Zoning Administrator shall refer a copy thereof to the Historic District Commission for its study and recommendations and notify the Historic District Commission of the hearing date of the application. The Historic District Commission shall thereupon promptly submit a report and recommendation prior to the hearing date to the Zoning Administrator, which shall be incorporated in the application file and thereafter be considered as a part of the record on the application.

The Mayor and Common Council may appoint such full- or part-time hearing examiners as in its discretion may be deemed necessary and appropriate and may delegate to such hearing examiner or examiners the power to hold and conduct public hearings in the manner and subject to such rules and regulations as may be provided by the Mayor and Common Council.

The hearing examiner or examiners shall be appointed for such terms of office, shall be possessed of such qualifications and shall receive such compensation as may be provided by the Mayor and Common Council.

Any such hearing examiner is hereby authorized to issue subpoenas to compel attendance of witnesses and production of documents at any public hearing and to administer oaths to witnesses appearing before the examiner.

The hearing examiner shall promptly render a written report and recommendation on each application heard after the record of the hearing is closed.

The hearing examiner may recommend rules and regulations regarding the conduct of public hearings and other functions of the hearing examiner.

The hearing examiner may perform such other tasks and duties as the Mayor and Common Council from time to time may assign.

Concurrently with the transmittal to the Mayor and Common Council, copies of the hearing examiner's report shall be mailed to the applicant, the Commission and to all persons and associations entering an appearance at the hearing as evidenced by the hearing transcript.

Notice of hearing.

Availability of evidence prior to hearing. The Mayor and Common Council may prescribe regulations pertaining to the submission of documentary evidence into the record of any application prior to the advertised hearing date for such application.

Conduct of hearing. Any interested person shall have the right to submit oral or written testimony or documentary evidence into the record at the hearing of any application subject to the regulations adopted under Subsection B of this section. There shall be a complete record of the testimony at the hearing with all exhibits admitted at the hearing, including the application, which shall promptly be incorporated by the Zoning Administrator in the application file and shall be considered a part of the record on the application. The Zoning Map and any sectional or district zoning highway plan map adopted by the Commission for the area within which lies the land proposed to be reclassified shall be considered a part of record on the application. Evidence which is immaterial, irrelevant or unduly repetitious may be excluded. The hearing may be adjourned from time to time to a date certain on public announcement at the hearing of the earliest practicable date, time and place for resumption of the hearing.

Receipt of recommendations. No hearing shall be conducted prior to receipt by the Zoning Administrator of the report and recommendations of the Commission.

Requests for postponement. Requests for postponement of a scheduled hearing shall be filed, in writing, with the Zoning Administrator not less than 10 days prior to the date of hearing and shall be accompanied by a sum of money sufficient to pay the cost of advertising the postponement and the rescheduled hearing. The granting of such requests shall be at the discretion of the President of the Common Council.

Late filing of request. Requests for postponement filed later than 10 days prior to the date of a scheduled hearing shall, in addition to the other requirements set forth in Subsection E, be supported by an affidavit of the party making the request or of some other creditable person. The granting of such request shall be at the discretion of the Common Council, in cases of extreme hardship, or upon good cause shown.

Readvertisement. The Common Council may, upon its own initiative, postpone a scheduled hearing at any time, but shall readvertise the new hearing date in accordance with § 164-185.

An application for a map amendment shall be decided on the basis of the evidence of record, provided that any application heard by a hearing examiner may be decided solely on the basis of the hearing examiner's report.

In the event that an application is heard by an examiner, within 10 days after transmittal of the examiner's report, any person who or association which appeared and participated in person, in writing or by counsel at the hearing before the examiner or any person who would be aggrieved by any decision of the Common Council may request, in writing, an opportunity to present oral argument before the Common Council prior to its rendering a decision. The Common Council may, in its discretion, grant or deny such request. Thereafter, it shall either decide the application or remand it to the examiner for clarification or the taking of additional evidence, if deemed appropriate.

An application for text or map amendment shall be either approved or denied on the merits or denied for want of the necessary total of affirmative votes as provided in § 164-187 or dismissed or allowed to be withdrawn. The Common Council may dismiss any such application if it finds that the application does not conform to any stated procedural requirements of this article or that the application is not acceptable for filing because of being filed within the time limitations of § 164-178 or that the application is frivolous or filed for purposes of harassment. The Common Council may allow an applicant to withdraw his application for a local map amendment at any time, provided that if the request for withdrawal is made after publication of the notice of hearing, no application for the reclassification of all or any part of the land which is the subject of the application shall be allowed within the time limitations set forth in § 164-178 following the date of the action of the Common Council approving such withdrawal, unless such action allowing withdrawal or subsequent resolution specifies that the time limitation shall not apply. An application for a sectional or district plan map amendment shall be approved, with such modification as the Common Council deems appropriate, as a map amendment with the force and effect of law or shall be denied.

Action shall be taken upon an application heard by the Common Council within 90 days after the record has been closed. Action shall be taken upon an application heard by a hearing examiner within 90 days after the Council receives the examiner's report.

No application for a local map amendment shall be approved for a zone other than applied for, or, if application is made for two alternative zones, the application shall not be approved for a zone other than one of the two applied for.

No application for a local map amendment shall be approved for a greater area than that applied for, but an application may be approved for a smaller area than that applied for if the reclassification of such small area is supported by the evidence of record and if such smaller area is accurately delineated in the record.

Any area reclassified by a local or a sectional or district plan map amendment shall exclude and be held to exclude any portion of the area which lies in the bed of a road, street, alley or transit route or facility, whether existing or proposed on a plan adopted by the Commission or Common Council.

Upon the zoning or rezoning of any land or lands pursuant to the provisions of this chapter, the Common Council may impose any additional restrictions, conditions, or limitations that the Common Council considers appropriate to preserve, improve, or protect the general character and design of:

Upon the zoning or rezoning of any land or lands pursuant to the provisions of this chapter, the Common Council may retain or reserve the power to approve or disapprove the design of buildings, construction, landscaping, or other improvements, alterations, and changes made or to be made on the land being zoned or rezoned to assure conformity with the intent and purpose of Article 66B of the Annotated Code of Maryland and of this Zoning Ordinance.

Additional restrictions, conditions, or limitations may be originated by the applicant, by the Commission, or by the Common Council. However, the published notice of hearing and, where appropriate, posted notice of hearing must include not only the nature of the requested zoning or rezoning and the time, place and date of hearing, but also the general nature and the extent of restrictions, conditions, or limitations imposed upon the zoning or rezoning requested.

In no case shall any restrictions, conditions, or limitations waive or lessen the requirements of or prohibit uses allowed in the approved zone.

In the event that any restrictions, conditions, or limitations beyond those contained in the public notice of hearing are sought to be imposed, a new notice containing such proposed additional restrictions, conditions, or limitations shall be published in the same manner as otherwise provided for public hearings and another public hearing shall be conducted by the Common Council thereon. In considering said restrictions, conditions, or limitations, the Common Council may obtain an additional recommendation from the Commission.

In addition to any other remedies provided by law, any violation of any restrictions, conditions, or limitations placed upon a zoning or rezoning under this section shall be deemed a violation of this chapter and shall be punishable under the provisions of § 164-159. Further, the Common Council may in its discretion impose a further condition that a violation of all or any such restrictions, conditions, or limitations may automatically void the zoning or rezoning granted, causing the property involved to revert to its former zoning classification.

On any application for a local map or sectional map, the Common Council shall adopt written decisions which shall contain findings of fact in each specific case, including but not limited to the following matters: the purpose of this chapter, population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation of the Commission and the relationship of such proposed amendment to the City's plan; and 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 votes of the Common Council shall be kept.

Each member of the Common Council shall have one vote on all zoning decisions. A majority of affirmative votes shall be necessary to adopt a decision granting an application for a map or text amendment, except as provided in the Charter of the City of Westminster as it exists on the date of the enactment of this chapter or as it may thereafter be amended. If the necessary total of affirmative votes as herein provided shall fail to be achieved for any reason, the application shall be held to be denied; no decision need be adopted for such denial, and the minutes shall so reflect the denial for want of the necessary affirmative vote total. Any such denial for want of the necessary total of affirmative votes shall not be subject to the time limitation set forth in § 164-178. A copy of the decision shall be filed in the application record, and a copy shall be promptly mailed by the Zoning Administrator to the applicant, the Commission and to all parties to the proceeding before the Common Council as shown by the hearing transcript.

The decision of the Common Council on any application for a local map or sectional map text amendment shall be final. The time for appeal from a final decision of the Common Council, including a denial for want of the necessary total of affirmative votes as set forth in § 164-186, shall begin to run from the date of the decision or from the date the application was denied for want of the necessary total of affirmative votes.

Any decision by the Common Council on an application for a local map, sectional map or text amendment shall not become effective until 10 days after the conduct of the public hearing held on said application.

A member of the Common Council shall not consider any ex parte or private communication from any person, whether oral or written, which he knows is or reasonably may be intended to influence unlawfully the decision on the merits of any application pending before the Common Council. Any such ex parte or private communication received and considered shall be made part of the public record by the recipient and, if made orally, shall be written down in substance for this purpose by the recipient. A communication to the Common Council concerning the status or procedures of a pending matter shall not be considered an ex parte or private communication. Alternately, upon receipt of such ex parte or private communication, a member of the Common Council may abstain from participating in the decision. This subsection shall not apply to legal advice rendered by the City Attorney or his staff and shall not apply to technical advice or explanation by governmental agencies at the request of a member or members of Common Council.

The Commission shall determine whether any development of land is or is not in substantial accordance with an approved development plan or an approved amended development plan, and the party implementing an approved development plan or an approved amended development plan must obtain a determination by the Commission as to whether or not a proposed undertaking is in substantial accordance with an approved development plan or an approved amended development plan.

In order to assist in achieving the flexibility of design needed for the implementation of the purposes of certain planned development zones, a development plan must be submitted as a part of the application for reclassification of land to the planned development zones set forth in Articles XIA, XII, XIII and XIV of this chapter. Approval of the application for rezoning must include explicit approval of a development plan. Development of land must be in substantial accordance with an approved development plan or an approved amended development plan. Modification of road alignments, unit types or site planning designs which do not increase the approved density of the project shall not constitute a substantial change in the development plan unless the Commission considers such a change to have an adverse impact on the adjacent properties or general character of the approved development plan.

The application process for all planned developments shall follow the same process, whether they are divided into multiple phases or not. The process will consist of three stages: rezoning (development plan approval), subdivision (culminating with the final plat) and building permit (site plan approval). In the event that the development includes multiple phases, separate applications for subdivision and building permit will be required for each separate development phase.

All development plans and amendments thereto shall be prepared by and certified by a licensed architect, landscape architect or registered civil engineer.

A development plan shall be prepared, taking into consideration the following standards and design criteria, and shall reflect compliance with the standards and criteria:

The development plan shall clearly indicate how the proposed development would meet the standards and purposes of the zone applied for. The development plan shall include the following:

Submission requirements for supplements to the development plan shall include the following information:

All development plans and proposed amendments to development plans shall be subjected to review and recommendation comments by the Commission of the City in accordance with the following process:

The hearing examiner or Council shall consider the development plan as a part of the application for rezoning for the purposes of conducting the required public hearing on rezoning applications and preparing the examiner's report and recommendation on a rezoning application to the Council. The hearing examiner or Council shall not conduct a public hearing on a rezoning application which includes a development plan until after receipt of the decision of the Commission on said plan.

In considering a rezoning application which includes a development plan, the Common Council shall consider whether the application and the development plan fulfill the purposes and requirements set forth in this chapter. In so doing, the Common Council shall make the following specific findings, in addition to any other findings which may be found to be necessary and appropriate to the evaluation of the proposed reclassification:

An approved development plan may be amended, upon the application by the developer of a planned development, by the Council. Any application for an amendment to an approved development plan shall be filed with the Commission and shall be subject to all the procedures, hearings and requirements contained in this chapter which pertain to development plans. An amendment to an approved development plan shall not involve a change in zoning or the area zoned. The Common Council shall approve or disapprove the application for amendment of an approved development plan.

Development and construction of all planned developments must be in accordance with the provisions of an approved development plan or approved amended development plan.

Following approval of the development plan, the applicant shall then submit plans for subdivision (final plat) and building permits for each separate phase of the planned development. The procedure for such submissions shall follow the requirements for subdivision of land as defined in Article XXIV.

The subsequent approval of such subdivision plans and building permits shall require Common Council approval only in the event that such submissions deviate materially from the approved development plan.

An approved development plan or amendment thereto shall remain valid for a period of 24 months following the expiration of all applicable appeal periods. In the event of an appeal to a court affecting the development plan, the time limitation under this subsection shall run from the decision date of the court making final determination of the appeal. If at the end of that twenty-four-month period site plan approval, including any required subdivision plan approval, has not been obtained and construction has not begun, the development plan shall be considered void unless the Council approves a petition for an extension of time submitted by the applicant, his successor or assigns for an extension not to exceed 12 months. This subsection shall not apply to a development plan approved on or before the effective date of this section.

The Common Council may impose additional restrictions, conditions or limitations upon the grant of any application for a local amendment to the Zoning Map amendment pursuant to the provisions of § 164-186E.[1]

If the decision of the Common Council is to grant a local amendment application with conditions, it shall adopt a decision proposing the restrictions, conditions or limitations upon which such application is to be granted.

The Common Council shall thereafter hold a public hearing on such proposed conditions, notice of which shall be given as in the case of an original local amendment application, and in writing by first class mail, to any person who has registered an appearance, in writing, prior to the adoption of such resolution.

Following such public hearing on the proposed conditions, the Common Council may adopt a decision granting the application with the additional restrictions, conditions or limitations contained in or such modifications thereof as are not substantially different therefrom. Upon the adoption of such ordinance, the letter and number of the classification of such property on the Zoning Map shall be followed by the letter "C" to designate the zoning classification as conditional. Such decision shall be subject to judicial review under § 164-190.

Who may appeal; procedure. Any persons, jointly or severally, aggrieved by any decision of the Common Council or any taxpayer or any officer, department, Board or bureau of the City may appeal the same to the Circuit Court for Carroll County. Such appeal shall be taken in accordance with the Maryland Rules as set forth in Chapter 1100, Subtitle B.

Hearing; additional testimony. If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his findings of fact and conclusions of law, which shall constitute part of the proceedings upon which the determination of the Court shall be made.

Costs not allowed against Common Council; exception. Costs shall not be allowed against the Common Council unless it shall appear to the Circuit Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.

Issues under section have preference. All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

Decision of Circuit Court; appeal to Court of Special Appeals; costs. Upon its determination of the case, the Circuit Court shall file a formal order embodying its final decision. An appeal may be taken to the Court of Special Appeals, during the period and in the manner prescribed by the Maryland Rules, from any decision of the Circuit Court. In such cases, the award of costs shall be subject to the discretion of the Court of Special Appeals.