View by Topic

Recent Articles

View by Month/Year

“Green Building Law Update” Headlines

Recent Articles & News from
Stuart Kaplow’s blog
at GreenBuildingLawUpdate.com

Subscribe to the Green Building Law Update!

Stuart Kaplow brings his expertise and extensive experience to the table with his unique digital publication, "Green Building Law Update". Subscribers receive regular updates to keep them informed about important issues surrounding Environmental Law, Green Building & Real Estate Law, as well as the emerging demand for Environmental Social Governance (ESG).

Get fresh content through the lense of Stuart Kaplow's cutting-edge expertise, innovative commentary and insider perspective. Don't miss another issue! Subscribe below.

Rezoning Deadline Looming In Baltimore County

SHARE THIS ARTICLE

By 2.8 min readPublished On: Sunday, October 10th, 1999Categories: Land Use Law

Despite the upcoming November 1, 1999 application deadline for the Baltimore County year 2000 comprehensive zoning map process, only a handful of requests for rezoning have been filed.

Only six petitions for zoning reclassification have been filed by property owners. Baltimore County itself has filed 31 rezoning petitions. And significantly, the County is proposing to downzone the vast majority of the private property it has raised for consideration in this rezoning process.

All landowners – whether needing a zoning change for proposed new development or simply seeking to assure that their property is not downzoned – should closely monitor and, if necessary, become involved in the rezoning process as soon as possible to protect their investment backed expectations.

During the open filing period that commenced August 1, 1999 and runs through November 1, 1999, any person, association or corporation or Baltimore County itself may file a petition for zoning reclassification of any property in the County. Each request for a zoning reclassification is known as an “Issue” and is identified by an “Issue Number.”

During November, 1999, additional Issues can be raised only by members of the Baltimore County Planning Board. From December 1, 1999 through January 15, 2000 only members of the County Council may raise new Issues.

It is not known how many Issues will be raised in the 2000 CZMP, but it is anticipated that the total will be more than the 482 Issues raised in 1996, although not significantly more. And the 1996 total was lowest number of issues raised a quarter century of comprehensive zoning.

It is anticipated that in an effort to implement the currently being considered Master Plan 2010, the Office of Planning staff will cause many additional Zoning Issues to be raised seeking to downzone properties. County government itself, raised over one-third of the Issues four years ago. And on that last map, a far greater amount of land was downzoned than saw density increases. It is also likely that two new Resource Conservation zoning districts will be created during the pendancy of the 2000 CZMP.

It is also likely that more than one multiple property Zoning Issue will be raised by community associations, or by Planning Board on their behalf, seeking to downzone thousands of acres of rural land. The possibility of new Resource Conservation zoning districts in relation to those large downzoning Isssues.

The Log of Issues is available on the Internet at www.co.ba.md.us. and it is expected to be updated as new Issues are raised.

The County Council must vote on each Issue before October 16, 2000. The revised Comprehensive Zoning Map will take effect, 45 days after being signed into law by the County Executive.

Comprehensive rezoning in Baltimore County is a quadrennial process and a property owner who does not participate in this open filing period will next have an opportunity to file a petition in the comprehensive zoning map process beginning in August 1, 2003.

The only opportunity for rezoning in the interim four years, is the “cycle zoning” process. In order for property to be reclassified, the petitioner must convince the Board of Appeals that the Comprehensive Zoning Map is in error or that there has been a substantial change in the character of the neighborhood since adoption of the Comprehensive Zoning Map. This is a difficult standard and few properties are ever rezoned in the cycle zoning process.

Landowners in Baltimore County have only until November 1, 1999 to seek rezoning in the 2000 comprehensive rezoning process.

SHARE THIS ARTICLE

About the Author: Stuart Kaplow

Avatar of stuart kaplow
Stuart Kaplow is an attorney and the principal at the real estate boutique, Stuart D. Kaplow, P.A. He represents a broad breadth of business interests in a varied law practice, concentrating in real estate and environmental law with focused experience in green building and sustainability. Kaplow is a frequent speaker and lecturer on innovative solutions to the environmental issues of the day, including speaking to a wide variety of audiences on green building and sustainability. He has authored more than 700 articles centered on his philosophy of creating value for land owners, operators and developers by taking a sustainable approach to real estate, including recently LEED is the Tool to Restrict Water Use in This Town and All Solar Panels are Pervious in Maryland. Learn more about Stuart Kaplow here >