(a) Rezonings. Rezonings shall be granted or denied in accordance with appropriate zoning regulations, but a rezoning may not be granted except on the basis of an affirmative finding that:
(1) there was a mistake in the zoning map or the character of the neighborhood has changed to such an extent that the zoning map should be changed;
(2) the new zoning classification conforms to the General Development Plan in relation to land use, number of dwelling units or type and intensity of nonresidential structures, and location;
(3) there is compatibility between the uses of the property as reclassified and the surrounding land uses, so as to promote the health, safety, and welfare of present and future residents of the County; and
(4) for property located in the critical area, the uses allowed in the proposed zoning classification are compatible with the critical area land use designation and development standards for the property and the Critical Area Commission staff has recommended approval of the rezoning if the basis for the rezoning is that the character of the neighborhood has changed to such an extent that the zoning map should be changed.
(b) Granting of rezoning. The granting of a rezoning does not:
(1) operate as a waiver of any law or regulation for development of the rezoned property; or
(2) constitute a commitment on the part of any agency or department to provide roads, sewers, or water service to the property.
(c) Authority of Board of Appeals. Notwithstanding any provision to the contrary, the Board of Appeals may:
(1) impose any additional restrictions, conditions, or limitations on a new zoning classification as it considers appropriate to preserve, improve, or protect the general character and design of the lands and improvements being rezoned, or of the surrounding or adjacent lands and improvements; and
(2) retain or reserve the right to approve or disapprove the design of buildings, construction, landscaping, or other improvements and changes made or to be made on the subject land to ensure conformity with the intent and purpose of this title and Article 18 of this Code.
(d) Burden of proof. The applicant for a rezoning has the burden of proof, including the burden of going forward with the evidence and the burden of persuasion, with respect to any question of fact.
(e) Waiver of filing fee. The Office of Planning and Zoning need not pay the filing fee in cases in which that Office appeals a decision of the Administrative Hearing Officer to the Board of Appeals.
(f) Evidence of mistake or a change in the character of a neighborhood.
(1) Except as provided in subsection (f)(2), the use of property by or on behalf of a unit of government not subject to zoning regulations in a manner that otherwise would be contrary to zoning regulations is not evidence of a mistake in zoning or a change in the character of a neighborhood.
(2) The construction or closing of a road may constitute evidence of a change in the character of a neighborhood.
(g) Evidence of a mistake in the zoning map. Neither the approval of a special exception for a suburban community center nor the development of a center may be evidence of or constitute a mistake in the zoning map then existing or a change in the character of the neighborhood.
(h) Rezoning restrictions relating to an Odenton Town Center Zoning District. A lot located in an Odenton Town Center Zoning District may be rezoned only to another Odenton Town Center Zoning District, and a lot that is not located in an Odenton Town Center Zoning District may not be administratively rezoned to an Odenton Town Center Zoning District.
(1985 Code, Art. 3, § 2-105) (Bill No. 49-88; Bill No. 13-89; Bill No. 35-92; Bill No. 36-96; Bill No. 20-00; Bill No. 23-04; Bill No. 4-05; Bill No. 84-23)