(a) Generally. Critical area reclassifications shall be granted or denied in accordance with compatibility with the underlying zoning district, but may not be granted except on the basis of an affirmative finding that:
(1) there was a mistake in the approved critical area map based on land uses or natural features in existence on December 1, 1985, provided that a property located within 2,000 feet of public water or sewer may not be considered to have public water or sewer for purposes of reclassification and may not be considered to be a mapping mistake;
(2) the proposed critical area classification conforms to the State and County Critical Area mapping criteria;
(3) the proposed critical area classification conforms to the environmental goals and standards of the General Development Plan;
(4) there is compatibility between the uses of the property as reclassified and surrounding land uses, so as to promote the health, safety, and welfare of present and future residents of the County and to promote effective environmental land use management; and
(5) the applicant has notified the Critical Area Commission of the proposed critical area reclassification in writing at least 30 days before any hearing.
(b) Limitations. The granting of a critical area reclassification does not:
(1) operate as a waiver of any law or regulation for development of the 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 critical area classification as it considers appropriate to preserve, improve, or protect the general character and design of the lands and improvements, or of the surrounding or adjacent lands and improvements; and
(2) retain or reserve the right on the reclassification of land in the critical area to approve or disapprove the design of buildings, construction, landscaping, or other improvements and changes made or to be made on the 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 critical area reclassification 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.
(1985 Code, Art. 3, §2-106) (Bill No. 66-91; Bill. No. 49-03; Bill No. 4-05; Bill No. 67-08)