Rezoning Applications

• 1. Application Submission
  The property owner or their authorized attorney submits the required application forms, maps, justification statement, supporting documentation, and applicable fees.
• 2. Staff Review
  County staff reviews the application, distributes it to affected agencies for comment, and prepares a staff report.
• 3. Planning Commission Review
  Staff coordinates with the applicant to schedule the request for consideration by the Planning Commission. The Planning Commission hears testimony from the applicant, makes findings of fact, and provides a recommendation—favorable or unfavorable—to the County Commissioners.
  The Planning Commission meeting is an open public meeting, but it is not a public hearing. Members of the public are welcome to attend the meeting; however, members of the public generally will not be given an opportunity to speak unless recognized by the Planning Commission.
• 4. Request to Schedule a Public Hearing
  Staff forwards the Planning Commission's recommendation to the County Commissioners and requests that an advertised public hearing be scheduled.
• 5. County Commissioners' Public Hearing
  At the public hearing, County staff introduces the requested rezoning. The Commissioners then receive public comment and discuss the request before making findings of fact in support of or opposition to the rezoning.
• 6. Findings of Fact and Resolution
  Staff prepares draft Findings of Fact and a Resolution for consideration at a future County Commissioners' meeting. Once adopted, the documents are signed and mailed to the applicant and any interested parties. Final decisions may be appealed to the Circuit Court within 30 days of the mailing of the Findings of Fact.

An applicant must satisfy Maryland's "Change or Mistake Rule." There is a strong legal presumption that the existing zoning classification was established through a comprehensive and well-planned process. To overcome this presumption, an applicant must demonstrate that, since the last comprehensive rezoning, there has been either:

• A substantial change in the character of the applicant's defined neighborhood; or
• A clear mistake in the original designation of the property's zoning classification.
• Proving a change or mistake does not automatically result in the property being rezoned. Under Maryland law, establishing a change or mistake allows the rezoning request to be considered. The applicant must then demonstrate that the proposed zoning classification is more desirable and consistent with the County's Comprehensive Plan

Factors considered may include, but are not limited to:

• Population change;
• Availability of public facilities;
• Present and future transportation patterns;
• Compatibility with existing and proposed development and environmental conditions in the area, including whether the request would adversely impact waters on the State's impaired waters list or waters subject to an established Total Maximum Daily Load (TMDL) requirement;
• The recommendation of the Planning Commission; and
• Compatibility with the County's Comprehensive Plan.

• Once a public hearing has been scheduled, the Department will post a sign on or near the petitioned property.
• Notification letters, along with maps of the petitioned area, will be sent by regular and certified mail to the mailing addresses listed on the State Department of Assessments and Taxation (SDAT) assessment records to:
  • The applicant and property owner of the petitioned area;
  • Each incorporated municipality located within one mile of the petitioned area; and
  • The owners of all properties contiguous to or directly opposite the petitioned area.