Established and staffed to regulate land use, the size of lots and the location, size and use of buildings and other structures for the purpose of providing sufficient and appropriate amounts of land for business and industry, residential use, public and private institutions, agriculture, open space and other purposes; and to ensure that these uses are consistent with the policies and recommendations of the Allegany County Comprehensive Plan and to provide for the harmonious and orderly development of the County in a manner which preserves the natural environment and the quality of life of its citizens. The core of our mission is public health, safety and welfare.

Zoning is the way the governments control the physical development of land and the kinds of uses to which each individual property may be put. The areas reserved for specific land uses or building types are known as zones. The zoning of a municipality or county is addressed in a zoning ordinance that lists the zones and the types of development allowed in each, plus the conditions under which they are allowed.

Zoning laws typically specify the areas in which residential, industrial, recreational or commercial activities may take place. For example, an R-1 residential zone might allow only single-family detached homes as opposed to duplexes or apartment complexes. On the other hand, a C-1 commercial zone might be zoned to permit only certain commercial or industrial uses in one jurisdiction, but permit a mix of housing and businesses in another jurisdiction. The ordinance includes the zoning map, which depicts each zone within a jurisdiction, and all landowners can see how their properties are zoned. Zoning is a legal function of local government, and the zoning of land, along with the zoning ordinance and zoning map, and amendments thereto, must be officially enacted by the local governing body.

Rezoning is a change of a property’s zoning classification. This change could be a change in land use, such as a rezoning from residential to commercial development, or a change in density, such as a rezoning from a classification allowing only low-density single-family development to high density classification allowing apartment development. Rezoning generally must be enacted by the local governing body and then only after they follow certain administrative procedures such as hearings. A petition for a rezoning may be initiated by an agency or entity of the local government, the property owner or another party, depending on the jurisdiction. Laws provide for advance notification to the property owner when a rezoning is being considered

Unless a comprehensive rezoning is planned, parcels may only be rezoned based on two criteria and must be approved by the applicant.

1. That a substantial change has occurred in the neighborhood, or

2. A mistake was made during the last comprehensive plan cycle.

A comprehensive rezoning can be done after the local jurisdiction thoroughly examines all of the land use and development activity and trends for that jurisdiction as a whole or for a particular section, region, or neighborhood. Once that analysis is complete, the local governing body can re-zone one or more properties within the area to be comprehensively re-zoned. Because it has analyzed all land use and development issues, it can rezone without having to prove that a substantial change has occurred in the neighborhood or that a mistake was made during the last comprehensive plan cycle. A comprehensive rezoning is usually initiated by the local jurisdiction itself and often follows an update of a comprehensive plan. The intent is to ensure that the zoning is made consistent with the new plan.

Source: Maryland Office of Planning (Date: 08/25/2022)