This prohibition does not apply to land and buildings if they were used:

Transcription

1 Article 66B - Zoning and Planning (a) (1) For the purpose of promoting health, safety, morals, or the general welfare of the community the legislative body of counties and municipal corporations are hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, off-street parking, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, signs, structures and land for trade, industry, residence or other purposes. (2) (i) If the legislative body of a county or municipal corporation regulates off-street parking, the legislative body shall require space for the parking of bicycles in a manner that the legislative body considers appropriate. The legislative body may allow a reduction in the number of required automobile parking spaces based on the availability of space for parking bicycles. (b) The local legislative body of a county or municipal corporation, upon the zoning or rezoning of any land or lands pursuant to the provisions of this article, may impose such additional restrictions, conditions, or limitations as may be deemed appropriate to preserve, improve, or protect the general character and design of the lands and improvements being zoned or rezoned, or of the surrounding or adjacent lands and improvements, and may, upon the zoning or rezoning of any land or lands, retain or reserve the power and authority to approve or disapprove the design of buildings, construction, landscaping, or other improvements, alterations, and changes made or to be made on the subject land or lands to assure conformity with the intent and purpose of this article and of the jurisdiction's zoning ordinance. The powers provided in this subsection shall be applicable only if the local legislative body adopts an ordinance which shall include enforcement procedures and requirements for adequate notice of public hearings and conditions sought to be imposed. (c) (1) (i) In St. Mary's County, land and buildings may not be used for chemical or catalytic manufacturing, chemical fabrication, gasoline processing, or refining of petroleum or petroleum products. This prohibition does not apply to land and buildings if they were used: 1. On or before July 23, 1974, for chemical or catalytic manufacturing, chemical fabrication, gasoline fabrication, gasoline processing, or refining of petroleum or petroleum products; or 2. On or after July 1, 1980, for manufacturing alcohol fuel. (2) (i) In St. Mary's County, except as provided in subparagraph of this paragraph, any land and buildings that are used for races or speed contests involving automobiles or other vehicles, as defined in of the Transportation Article, shall be restricted to hours of operation that cease: 1. At 12:30 a.m.; or 2. If a race or speed contest is in progress at 12:30 a.m., within 30 minutes after the conclusion of that race or speed contest. The required closing time for land and buildings under subparagraph (i) of this paragraph does not apply to areas used for the operation of concessions or to passages used for ingress and egress to these concession areas.

2 (d) (1) It has been and shall continue to be the policy of this State that the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls. (2) It has been and shall continue to be the policy of this State that planning and zoning controls shall be implemented by local government. (3) To achieve the public purposes of this regulatory scheme, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property. (4) It is the policy of the General Assembly and of this State that competition and enterprise shall be so displaced or limited for the attainment of the purposes of the State policy for implementing planning and zoning controls as set forth in this article and elsewhere in the public local and public general law. (5) The powers granted to the county pursuant to this subsection shall not be construed: (i) To grant to the county powers in any substantive area not otherwise granted to the county by other public general or public local law; To restrict the county from exercising any power granted to the county by other public general or public local law or otherwise; (iii) To authorize the county or its officers to engage in any activity which is beyond their power under other public general law, public local law, or otherwise; or (iv) To preempt or supersede the regulatory authority of any State department or agency under any public general law For any or all of said purposes the local legislative body may divide the county or municipal corporation into districts of such number, shape, and area as may be deemed best suited to execute the purposes of this article, and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of development throughout each district, but the regulations in one district may differ from those in other districts Such regulations shall be made in accordance with the plan and designed to control congestion in the streets; to secure the public safety; to promote health, and the general welfare; to provide adequate light and air; to promote the conservation of natural resources; to prevent environmental pollution, to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, recreation, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its suitability for particular uses, and with a view to conserving the value of buildings and encouraging the orderly development and the most appropriate use of land throughout the jurisdiction.

3 4.04. (a) The local legislative body shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, modified, or repealed. However, a regulation, restriction, or boundary may not become effective until 10 days after at least 1 public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. (b) Notice of the time and place of the public hearing, together with a summary of the proposed regulation, restriction, or boundary, shall be published in at least 1 newspaper of general circulation in the jurisdiction once each week for 2 successive weeks, with the first such publication of notice appearing at least 14 days prior to the hearing (a) Such regulations, restrictions, and boundaries may from time to time be amended, supplanted, modified, or repealed. Where the purpose and effect of the proposed amendment is to change the zoning classification, the local legislative body shall make findings of fact in each specific case including, but not limited to, the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation of the planning commission, and the relationship of such proposed amendment to the jurisdiction's plan; and may grant the amendment based upon a finding that there was a substantial change in the character of the neighborhood where the property is located or that there was a mistake in the existing zoning classification. A complete record of the hearing and the votes of all members of the local legislative body shall be kept. (b) An application for a reclassification shall not be accepted for filing by the local legislative body if the application is for the reclassification of the whole or any part of land the reclassification of which has been opposed or denied by the local legislative body on the merits within twelve (12) months from the date of the local legislative body's decision. (c) The provisions of 4.04 above relative to public hearings and official notice shall apply equally to all reclassifications. (d) (1) This subsection applies to Charles County. (2) The local legislative body may authorize the planning director or other designee to grant administrative adjustments from height, setback, bulk, parking, loading, dimensional, area, or similar requirements of the zoning ordinance; and (3) The local legislative body shall consult with the planning commission and the board of appeals in developing criteria and procedures for administrative adjustments under this subsection. (4) The local legislative body shall adopt the criteria and procedures after reasonable public notice, public hearing, and opportunity for review and comment by the public. (5) Criteria for administrative adjustments shall include: (i) Standards for actions on requests; Standards for classes of development eligible for administrative adjustments; and

4 (iii) Maximum variation from a zoning requirement allowable under an administrative adjustment. (6) Procedures for administrative adjustments may include: (i) (iii) (iv) (v) Applications; Notice to the public and parties in interest; Opportunity for public hearing; Taking of testimony and evidence; and Decision making. (7) A decision on an application for an administrative adjustment shall include written findings of fact. (8) The local legislative body may provide, by ordinance or other adopted procedure, for the appeal of a decision to approve or deny an administrative adjustment to the board of appeals. (e) Repealed. (f) In Worcester County, notwithstanding any other provisions of the law, the County Commissioners, upon the zoning or rezoning of any land or lands, may impose such restrictions, conditions or limitations as may be deemed by them to be appropriate to preserve, improve or protect the general character and design of the lands and improvements being zoned or rezoned, or of the surrounding or adjacent lands and improvements, and may, upon the zoning or rezoning of any land or lands, retain or reserve the power and authority to approve or disapprove the design of buildings, construction, landscaping or other improvements, alterations, and changes made or to be made on the subject land or lands to assure conformity with the intent and purpose of this article and of the county zoning ordinance. The powers in this subsection shall be applicable only if the County Commissioners adopt an ordinance which shall include enforcement procedures and requirements for adequate notice of public hearings and conditions sought to be imposed. (g) In Worcester County, notwithstanding any other provisions to this article or of the local laws of Worcester County, any application for zoning classification or reclassification must contain the following information: (1) If the applicant is a corporation, the names and residences of the officers, directors, and all stockholders owning more than 20 percent of the capital stock of the corporation; (2) If the applicant is a partnership, whether a general or limited partnership, the names and residences of all partners who own more than twenty percent of the interest of the partnership; (3) If the applicant is an individual, his name and residence; (4) If the applicant is a joint venture, unincorporated association, real estate investment trust, or other business trust, the names and residences of all persons holding an interest of more than twenty percent in the joint venture, unincorporated association, real estate investment trust, or other business trust.

5 4.08. (a) Any person or persons, jointly or severally, aggrieved by any decision of the board of appeals, or by a zoning action by the local legislative body, or any taxpayer, or any officer, department, board, bureau of the jurisdiction, may appeal the same to the circuit court of the county. Such appeal shall be taken in accordance with Title 7, Chapter 200 of the Maryland Rules. Nothing in this subsection shall change the existing standards for review of any zoning action. (b) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. (c) Costs shall not be allowed against the board unless it shall appear to the circuit court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. (d) All issues in any proceeding under this section shall have preference over all other civil actions and proceedings. (e) Upon its determination of the case, the circuit court shall file a formal order embodying its final decision. An appeal may be taken to the Court of Special Appeals, during the period and in the manner prescribed by the Maryland Rules, from any decision of the circuit court. In such cases the award of costs shall be subject to the discretion of the Court of Special Appeals. (f) In addition to the appeal provided in this section, a local legislative body may provide for appeal to the circuit court of any matter arising under the planning and zoning laws of the county or municipal corporation. The decision of the circuit court may be appealed to the Court of Special Appeals (a) On or before July 1, 1997, and subsequently at intervals of no more than 6 years which correspond to the plan revision under 3.05(b) of this article, a local jurisdiction shall ensure that the implementation of the provisions of the plan that comply with 3.05(a)(1)(vi) and (viii) and 3.06(b) of this article are achieved through the adoption of applicable zoning ordinances and regulations, planned development ordinances and regulations, subdivision ordinances and regulations, and other land use ordinances and regulations that are consistent with the plan. (b) Unless comprehensive rezoning is required to comply with subsection (a) of this section, nothing in subsection (a) of this section shall require or limit the authority of a local jurisdiction to undertake or adopt a comprehensive rezoning prior to July 1, 1997.