§ 32-3-510. FINDINGS NECESSARY FOR ZONING RECLASSIFICATION - IN GENERAL.

(a)

In general. Before property is reclassified on the official zoning map of the county, the Board of Appeals must find that:

(1)

Except as limited by the terms of subsection (b) of this section:

(i)

A substantial change has occurred in the character of the neighborhood in which the property is located since the property was last classified; or

(ii)

That the last classification of the property was established in error; and

(2)

The requested reclassification is warranted based on a consideration of the purposes of the Baltimore County Zoning Regulations and maps, including:

(i)

Population trends;

(ii)

Availability and adequacy of present and proposed transportation facilities, water-supply facilities, sewerage, solid-waste-disposal facilities, schools, recreational facilities, and other public facilities;

(iii)

Compatibility of uses generally allowable under the requested classification with the present and projected development or character of the surrounding area;

(iv)

Any pertinent recommendation of the Planning Board or Department of Planning; and

(v)

Consistency of the current and requested classifications with the Master Plan, the county water and sewer plan, and the capital program.

(b)

Limitations on granting reclassification.

(1)

Except as provided in paragraph (2) of this subsection, for a period of one year after an amendment of the zoning map has been adopted for the subject property by the County Council, the Board of Appeals may not grant a zoning reclassification of the property on the grounds that the character of the neighborhood has changed.

(2)

In the Chesapeake Bay Critical Area, a change in the character of the neighborhood may not be a basis for granting a reclassification.

(c)

Considerations in making determinations.

(1)

Except as provided in paragraph (2) of this subsection, when hearing a zoning reclassification petition, the Board of Appeals shall consider in evidence without authenticating testimony:

(i)

The report of the Planning Board; or

(ii)

A duly submitted relevant report or comments from any other county agency.

(2)

(i)

1. If a party objects to a report, the party that offers the report as evidence before the Board of Appeals shall be required to authenticate the report by testimony of a proper witness.

2.

This paragraph does not apply to subsection (d)(1) of this section.

(ii)

The Board of Appeals shall notify the proper witness.

(d)

Standards for error determination.

(1)

Before a property is reclassified on the basis of error, the Board of Appeals must find, from its review of the reports considered under subsection (c)(1) of this section, that, at the time the last classification of the property was established, the County Council did not consider facts and circumstances then existing that were relevant to the decision.

(2)

A classification error may not be established on the basis of:

(i)

Economic disadvantage resulting from the classification;

(ii)

The incompatibility of the last classification with the zoning classification of surrounding tracts or parcels of land;

(iii)

The lack of conformity of the last classification with the recommendations of the Baltimore County Master Plan; or

(iv)

The failure of the County Council to consider the property as a specific issue in the comprehensive zoning map process.

(1988 Code, § 2-356) (Bill No. 103-02, § 2, 7-1-2004; Bill No. 72-04, § 1, 8-11-2004; Bill No. 153-04, 1, 1-31-2005; Bill No. 108-05, §§ 1, 2, 10-30-2005; Bill No. 55-11, §§ 1, 2, 10-16-2011)

Editor's note:
  Section 2. of Bill No. 153-04 provides that the provisions of the Act shall be construed to be in addition to, and not in derogation of, the principles of the common law of Maryland with respect to the standards for determining error in the zoning reclassification process.
 The amendments enacted under § 2 of Bill 108-05 are effective retroactive to July 1, 2004.