(A) Conditions established by Board of Commissioners.
(1) Under the authority of Md. Code § 4.01(b), the County Board of Commissioners may, upon the rezoning of any land(s):
(a) Impose such additional restrictions, conditions, or limitations as may be deemed appropriate to preserve, improve or protect the general character and design of the land or improvements being rezoned, or of the surroundings or adjacent lands and improvements; and
(b) Retain or reserve the 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(s) to assure conformity with the purposes of Md. Code Article 66B and this chapter.
(2) Restrictions, conditions or limitations imposed under the above division (A)(1) above shall be enforceable in the same manner as any other provisions of this chapter.
(3) An initial draft of any proposed restrictions, conditions or limitations shall be read aloud at a legally advertised public hearing, with advance notice provided to the applicant. The legal advertisement shall state that the Board of Commissioners may consider restrictions, conditions or limitations connected to the zoning amendment.
(4) If conditions are established under this division (A), then a requested zoning map change shall not become finally effective until all such conditions are carried out in full. In the event all such conditions are not carried out in full, then the map change shall become null and void, and the property shall revert to its former classification.
(B) State law. As of 1996, Md. Code § 4.05 of Article 66B generally provided the following: “Where the purpose and effect of the proposed amendment is to change the zoning classification, the Board of 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.”
(Ord. —, passed 5-13-1997; Am. Ord. —, passed 8-8-2000; Am. Ord. —, passed 4-30-2002)