(A) Planning Commission.
(1) An application for an individual zoning map amendment or a floating zone reclassification shall be reviewed by the Community Development Division staff which shall prepare a report and recommendation to the Planning Commission. After completion of this staff report the application shall be presented to the Planning Commission for consideration.
(2) Within 90 days after acceptance of the application by the Zoning Administrator, the Planning Commission shall hold a public hearing on the application for individual zoning map amendment or floating zone reclassification. The Planning Commission shall forward its recommendation to the County Council within 62 days of its first public hearing. A failure to make a recommendation within 62 days of the first public hearing shall be deemed as providing no recommendation on the request.
(B) County Council.
(1) The County Council shall hold a public hearing on the application for an individual zoning map amendment or floating zone reclassification.
(2) Any person shall have the right to submit oral and/or written testimony at the hearing.
(3) An application for individual zoning map amendment or floating zone reclassification shall be deemed denied if the County Council has not approved the application within 90 days of the conclusion of the public hearing.
(C) Public notice.
(1) Sign(s). The applicant shall place a sign on the property proposed to be reclassified, within 10 feet of each property line that abuts a public road. If the property does not abut a public road, a sign shall be placed in such a manner so that it may be most readily seen by the public.
(a) The Zoning Administrator shall provide the required sign(s).
(b) The sign(s) shall be placed on the property at least 30 days prior to the public hearing of the Planning Commission or County Council on the zoning map amendment.
(c) The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the applicant.
(d) The applicant shall file an affidavit certifying that the sign(s) has been posted and maintained for the required period of time.
(e) If any person removes or tampers with a posted sign(s) during the above 30 day posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.
(2) Mail. The Zoning Administrator will make a good faith effort to notify the owners of all properties adjoining a property for which an application for zoning map amendment or floating zone reclassification application has been accepted. Such notice shall be by first class mail at least 14 days prior to such public hearing and contain the date, time, place and nature of any public hearing to be held concerning the application. The failure of the property owner to receive the mailing shall not invalidate the approval of the zoning map amendment or floating zone reclassification.
(a) Adjoining property owners shall include the owners of properties immediately contiguous to the applicant's property as well as those separated by streets, railroads, or other rights-of-way as set forth in § 1-19-3.110.2(C)(5).
(b) Appearance by a property owner at the public hearing shall constitute a waiver of any defect in this notice requirement.
(3) Newspaper. Notice of the time and place of the County Council public hearing, together with a summary of the proposed zoning map amendment or floating zone reclassification shall be published in at least 1 newspaper of general circulation in Frederick County once each week for 2 successive weeks with the first such publication of notice at least 14 days prior to the hearing.
(4) The Zoning Administrator shall have the authority to postpone a public hearing if the applicant has not complied with the requirements for posting of property as detailed in this section.
(Ord. 98-23-225, 11-10-1999; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014; Bill No. 22-06, 3-15-2022)