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Y2K Rezoning Comes Early In Baltimore County

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By 3.6 min readPublished On: Saturday, July 10th, 1999Categories: Land Use Law

Months before the ball drops at Times Square signaling the arrival of the Millennium, the year 2000 comprehensive zoning map process begins in Baltimore County. The year 2000 comprehensive rezoning actually commences August 1, 1999.

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 an open filing period from August 1, 1999 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. Certain information must be filed with the petition, all of which become a matter of public record. Each request for a zoning reclassification is known as an “Issue” and is identified by an “Issue Number.”

Until now, Y2K alarmists have been spooked by the January 1, 2000 cyber-scare, but in Baltimore County a person seeking rezoning in the year 2000 process must be cognizant of the November 1, 1999 filing deadline.

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.

All of the Issues raised during these filing periods will be analyzed by County Office of Planning staff during the first three months of 2000. Information on each Issue, along with preliminary staff recommendations, will be published in a multi-volume “Log of Issues.” The Log and the accompanying maps comprise a report by the Planning staff to the Planning Board for the purpose of public hearings in April.

For those not subject to millennial panic, the Log will also be available on the Internet at www.co.ba.md.us.

The County Planning Board will schedule a public hearing in each Councilmanic District during April, 2000. At a series of subsequent work sessions, open to the public, the Planning Board will review and discuss the various Issues. A recommendation on each Issue must be formally adopted by the Planning Board before June 30, 2000.

The Planning Board’s recommendation on each Issue will be transmitted to the County Council within 20 days after the Boardís vote. A revised edition of the Log of Issues will then be published to serve as the basis for County Council consideration.

The County Council is the sole authority to determine the final zoning on each property and it need not accept the Planning Boardís recommendation. The Council may retain the existing zoning classification or may adopt any new zoning classification, whether or not that classification has been previously considered during the process. The Council will schedule a public hearing in each Councilmanic District during September, 2000. Testimony is limited to those Issues within the District for which a hearing is held.

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

In an effort to implement the currently being considered Master Plan 2010, the Office of Planning staff can be expected to cause Zoning Issues to be raised seeking to downzone numerous properties. Be aware that four years ago, in the last comprehensive rezoning, a far greater amount of land was downzoned than saw density increases. With that in mind, landowners in Baltimore County should cautiously monitor the upcoming comprehensive rezoning process.

Comprehensive rezoning in Baltimore County is a quadrennial process and a property owner who does not participate in the upcoming 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. Cycle rezoning, however, is limited and difficult. 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.

Computer owners have until January 1, 2000 to be Y2K compliant, but landowners in Baltimore County have only until November 1, 1999 to seek rezoning in the Y2K comprehensive rezoning process.

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About the Author: Stuart Kaplow

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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 >