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§ 25-301. Authorized

West's Annotated Code of MarylandLand UseEffective: October 1, 2012

West's Annotated Code of Maryland
Land Use (Refs & Annos)
Division II. Maryland-National Capital Park and Planning Commission [Titles 14-27] (Refs & Annos)
Title 25. Prince George's County Provisions (Refs & Annos)
Subtitle 3. Municipal Delegation (Refs & Annos)
Effective: October 1, 2012
MD Code, Land Use, § 25-301
§ 25-301. Authorized
In general
(a) Except as otherwise provided in this section, the district council may provide that the governing body of a municipal corporation may exercise the powers of the district council as specified in this subtitle.
Substantive and procedural requirements
(b) When exercising authority delegated under subsection (c) or (d) of this section, the governing body of a municipal corporation:
(1) shall be subject to the substantive and procedural requirements and standards established by the district council; and
(2) may not impose:
(i) with respect to general delegation under subsection (c) of this section, a different requirement or standard than the requirements or standards that would apply if the district council had not delegated its authority to the municipal corporation; or
(ii) with respect to delegation in a revitalization overlay zone under subsection (d) of this section, a stricter requirement or standard than the requirements or standards that would apply if the district council had not delegated its authority to the municipal corporation.
General delegation to municipal corporation
(c)(1) This subsection applies to land in a municipal corporation in the regional district.
(2) The district council may delegate to the governing body of a municipal corporation the powers of the district council regarding:
(i) design standards;
(ii) parking and loading standards;
(iii) sign design standards;
(iv) lot size variances and setback and similar requirements;
(v) landscaping requirements;
(vi) certification, revocation, and revision of nonconforming uses;
(vii) minor changes to approved special exceptions;
(viii) vacation of municipal rights-of-way; and
(ix) except as provided in paragraph (3) of this subsection, all detailed site plans.
(3) The authority to delegate with regard to detailed site plans does not apply to detailed site plans:
(i) for a zone that requires detailed site plan approval by the district council;
(ii) that are required as a condition of approval of a zoning map amendment or a preliminary plan of subdivision;
(iii) for which the approval of a conceptual site plan or a preliminary plan of cluster subdivision is required; or
(iv) that are required for designated parcels as a specific condition of a sectional map amendment.
Delegation in revitalization overlay zone; authority of county planning board
(d)(1) This subsection applies to a revitalization overlay zone created by the district council.
(2) For any portion of a revitalization overlay zone in a municipal corporation, the district council may delegate to the governing body of a municipal corporation the powers of the district council regarding:
(i) design standards;
(ii) parking and loading standards;
(iii) sign design standards;
(iv) lot size variances and setback and similar requirements; and
(v) landscaping requirements.
(3) The delegation of powers under paragraph (2) of this subsection may not impede a development that meets the requirements the district council sets for the revitalization overlay zone.
(4) For any portion of a revitalization overlay zone not within a municipal corporation, the district council may authorize the county planning board to approve:
(i) departures from parking and loading standards;
(ii) departures from design standards; and
(iii) any variance from the zoning laws.

Credits

Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012.
MD Code, Land Use, § 25-301, MD LAND USE § 25-301
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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