Months before the ball drops at Times Square signaling the arrival of 2004, the year 2004 comprehensive zoning map process begins in Baltimore County. The year 2004 comprehensive rezoning actually commences September 2, 2003.

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 in order to protect their investment backed expectations.

During an “open” filing period, from September 2, 2003 through October 15, 2003, any person, association or corporation or Baltimore County itself may file a petition for zoning reclassification of any property in the County. In the last comprehensive rezoning, significantly more acres were rezoned as a result of petitions filed by other than owners of the land.

Certain information must be filed with the petition, including for the first time, an identification of adjoining landowners such that notice of each rezoning request can be mailed to all abutting property owners. Each request for a zoning reclassification is known as an “Issue” and is identified by an “Issue Number.”

A person seeking rezoning in the year 2004 process must be cognizant of the October 15, 2003 filing deadline. Following that deadline, additional Issues can only be raised by members of the Baltimore County Planning Board and members of the County Council.

All of the Issues raised will be analyzed by County Office of Planning staff during the first two months of 2004. 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 March.

For those not computer challenged, the Log and an accompanying set of maps 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 March, 2004. At a series of subsequent work sessions, that are 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.

The Planning Board’s recommendation on each Issue will be transmitted to the County Council within 20 days after the Board’s 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 Board’s 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 June, 2004. Testimony is limited to those Issues within the District for which a hearing is held.

With this process shortened from the past quadrennial process, the County Council must vote on each Issue before September 16, 2004. 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.

Be aware that four years ago, in the last comprehensive rezoning, when 619 zoning Issues were raised covering more than 38,000 acres, a far greater amount of land was downzoned than saw density increases. With the likelihood being that again most rezoning in 2004 will be a downzoning, landowners in Baltimore County should cautiously monitor the upcoming comprehensive rezoning process. And in advance of the filing period, landowners would be wise to review the 2004 CZMP Zoning Guidelines published by the Planning Office on May 1, 2003. The Guidelines provide detailed criteria that will be used by the Planning Office in making a recommendation of each Issue.

Comprehensive rezoning in Baltimore County is a quadrennial process and a property owner who does not participate in the upcoming open filing period will not have an opportunity to file a petition in the comprehensive zoning map process until September, 2007.

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.

Although New Years Eve revelers may have until December 31, 2003 to prepare for 2004, landowners in Baltimore County have only until October 15, 2003 to seek rezoning in the 2004 comprehensive rezoning process.