reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 10 - Frederick County › Section 9-1005 - Judicial Review

(a)    A person aggrieved by an agreement executed under Title 7, Subtitle 3 of this article may file an administrative appeal to the county board of zoning appeals.
(b)    (1)    Any of the following persons may file a request for judicial review by the circuit court of the county of a decision of the board of zoning appeals:
(i)    a person aggrieved by the decision; or
(ii)    a party to the proceeding before the board of zoning appeals.
(2)    The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.
(c)    Any party to the proceeding in the circuit court aggrieved by the decision of the circuit court may appeal to the Court of Special Appeals in the same manner provided for civil cases.
(d)    (1)    If a development rights and responsibilities agreement was entered into before July 1, 2016, a person aggrieved by an amendment to the agreement:
(i)    may not file an administrative appeal; and
(ii)    may seek direct judicial review of the agreement in circuit court by filing a request with the circuit court of the county.
(2)    The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.
(3)    Under this subsection, a party to the proceeding in the circuit court that is aggrieved by the decision of the circuit court may appeal to the Court of Special Appeals and thereafter may petition the Court of Appeals for a writ of certiorari in the manner that is provided for civil cases.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 13 - Howard County › Section 9-1302 - Enforcement of Zoning Regulations

(a)    In addition to the jurisdiction granted in Title 11 of this article, the county council may provide by local law for an administrative proceeding to enforce its zoning regulations.
(b)    The local law may include the authority to impose civil fines and penalties and to create liens and assess costs for zoning violations.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 16 - St. Mary's County › Section 9-1601 - Scope of Subtitle

This subtitle applies to St. Mary’s County.
§9–1602
(a)    Except as provided in subsection (b) of this section, land or buildings may not be used for chemical or catalytic manufacturing, chemical fabrication, gasoline processing, or refining of petroleum or petroleum products.
(b)    Subsection (a) of this section does not apply to land or buildings 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.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 16 - St. Mary's County › Section 9-1603 - Racetrack Hours of Operation

(a)    Except as provided in subsection (b) of this section, any land or building used for races or speed contests involving automobiles or other vehicles, as defined in § 11–176 of the Transportation Article, shall cease operation:
(1)    by 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.
(b)    The required closing time for land or buildings under subsection (a) of this section does not apply to areas used for the operation of concessions or to a passage used as an entrance to or exit from the concession areas.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 16 - St. Mary's County › Section 9-1604 - Tenure of Board of Appeals Members

(a)    Notwithstanding § 4–302 of this article, the members of the board of appeals may be appointed to terms of 1 to 3 years.
(b)    The terms of the members of the board of appeals shall be staggered.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 16 - St. Mary's County › Section 9-1606 - Subdivision Regulations -- Exemption

A property deeded before January 1, 1994, and improved with a residence before January 1, 2007, is exempt from the subdivision regulations adopted by the county under Title 5 of this article for purposes of constructing additions to the residence or accessory buildings.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 18 - Talbot County › Section 9-1802 - Enforcement of Zoning Violations

(a)    In addition to the jurisdiction granted in Title 11 of this article, the legislative body of Talbot County may provide by local law for an administrative proceeding to enforce its zoning regulations.
(b)    The local law may include the authority to impose civil fines and penalties for zoning violations.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 19 - Washington County › Section 9-1902 - Adequate Public Facilities Law

(a)    In this section, “public facilities” means schools, roads, water, wastewater, and stormwater management facilities, and other infrastructure supported by the federal, State, or local government for public purposes.
(b)    In addition to the authority granted in Title 7, Subtitle 1 of this article, the county commissioners may provide by local law for the provision and financing of adequate public facilities concurrently with the need for those facilities.
(c)    The local law may include the authority for the county commissioners to:
(1)    determine the functional or design capacity of public facilities;
(2)    establish standards for determining the adequacy of public facilities;
(3)    determine school capacity standards;
(4)    determine the student yield factors for schools at various levels;
(5)    establish categories of developments that will be exempt from the application of the local law;
(6)    establish formulas for measuring available capacity of public facilities;
(7)    determine the adequacy of public facilities in areas affected by new developments in the development plan review process;
(8)    enter into agreements with developers providing for the payment of monetary compensation to address inadequacies in public facilities caused by proposed developments as a part of the development plan approval process;
(9)    determine the value of in–kind contributions of equivalent value such as real estate;
(10)    require forfeiture of contributions 3 years after final plat approval;
(11)    establish an appeal process for decisions made under the local law;
(12)    limit the number of building permits in any school district; and
(13)    limit the number of residential building lots approved for development on an annual basis.
(d)    The local law may authorize the county commissioners to impose civil fines and penalties for any violation of the local law.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 21 - Worcester County › Section 9-2102 - Conditional Zoning Authority

(a)    Notwithstanding any other law, on the zoning or rezoning of land, the county commissioners may impose appropriate restrictions or conditions to preserve or improve the general character and design of:
(1)    the land and improvements being zoned or rezoned; or
(2)    the surrounding land and improvements.
(b)    On the zoning or rezoning of land, the county commissioners may retain the power to approve or disapprove the design of buildings, construction, landscaping, or other improvements or alterations made on the land to assure conformity with the purposes of this division and the county zoning law.
(c)    The county commissioners may exercise the power granted under this section only if the county commissioners adopt a local law that includes:
(1)    enforcement procedures; and
(2)    requirements for adequate notice of public hearings and conditions sought to be imposed.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 9 - Single-County Provisions › Subtitle 21 - Worcester County › Section 9-2103 - Zoning Application Requirements

Notwithstanding any other provision of this division or of the local laws of the county, an application for zoning classification or reclassification shall 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% of the capital stock of the corporation;
(2)    if the applicant is a general or limited partnership, the names and residences of all partners who own more than 20% of the interest of the partnership;
(3)    if the applicant is an individual, the applicant’s name and residence; or
(4)    if the applicant is a joint venture, unincorporated association, real estate investment trust, or other business trust or statutory trust, the names and residences of all persons holding an interest of more than 20% in the joint venture, unincorporated association, real estate investment trust, or other business trust or statutory trust.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 1 - General Provisions › Section 10-102 - Conflict With Other Laws

(a)    A regulation adopted under this title that conflicts with any statute, local law, or other regulation shall govern if the regulation adopted under this title:
(1)    requires a greater width or size of yards, courts, or other open spaces;
(2)    requires a lower height of buildings;
(3)    requires a reduced number of stories;
(4)    requires a greater percentage of lot left unoccupied; or
(5)    imposes a more restrictive standard.
(b)    A statute, local law, or other regulation that conflicts with a regulation adopted under this title shall govern if the statute, local law, or other regulation:
(1)    requires a greater width or size of yards, courts, or other open spaces;
(2)    requires a lower height of buildings;
(3)    requires a reduced number of stories;
(4)    requires a greater percentage of lot left unoccupied; or
(5)    imposes a more restrictive standard.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 1 - General Provisions › Section 10-103 - Limited Application of Division

(a)    Except as provided in this section, this division does not apply to Baltimore City.
(b)    The following provisions of this division apply to Baltimore City:
(1)    this title;
(2)    § 1–101(m) (Definitions – “Priority funding area”);
(3)    § 1–101(o) (Definitions – “Sensitive area”);
(4)    § 1–201 (Visions);
(5)    § 1–206 (Required education);
(6)    § 1–207 (Annual report – In general);
(7)    § 1–208 (Annual report – Measures and indicators);
(8)    Title 1, Subtitle 3 (Consistency);
(9)    Title 1, Subtitle 4, Parts II and III (Home Rule Counties – Comprehensive Plans; Implementation);
(10)    § 4–104(b) (Limitations – Bicycle parking);
(11)    § 4–205 (Administrative adjustments);
(12)    § 4–207 (Exceptions – Maryland Accessibility Code);
(13)    § 4–210 (Permits and variances – Solar panels);
(14)    § 4–211 (Change in zoning classification – Energy generating systems);
(15)    § 5–102(d) (Subdivision regulations – Burial sites);
(16)    Title 7, Subtitle 1 (Development Mechanisms);
(17)    Title 7, Subtitle 2 (Transfer of Development Rights);
(18)    Title 7, Subtitle 3 (Development Rights and Responsibilities Agreements);
(19)    Title 7, Subtitle 4 (Inclusionary Zoning); and
(20)    Title 11, Subtitle 2 (Civil Penalty).
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 2 - Powers › Section 10-201 - Statement of Policy

(a)    It is the policy of the State that:
(1)    the orderly development and use of land and structures requires comprehensive regulation through the implementation of planning and zoning controls; and
(2)    planning and zoning controls shall be implemented by local government.
(b)    To achieve the public purposes of this regulatory scheme, the General Assembly recognizes that local government action will limit free business enterprise and competition by owners and users of property through the planning and zoning controls set forth in this title and elsewhere in the public general and public local laws.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 2 - Powers › Section 10-202 - General Powers

To promote the health, safety, and general welfare of the community, the Mayor and City Council of Baltimore City may regulate:
(1)    the height, number of stories, and size of buildings and other structures;
(2)    the percentage of a lot that may be occupied;
(3)    off–street parking;
(4)    the size of yards, courts, and other open spaces;
(5)    population density; and
(6)    the location and use of buildings, signs, structures, and land.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 2 - Powers › Section 10-203 - Limitations

The powers granted to the Mayor and City Council of Baltimore City under this title do not:
(1)    grant to the Mayor and City Council powers in any substantive area not otherwise granted to the Mayor and City Council by any other public general or public local law;
(2)    restrict the Mayor and City Council from exercising any power granted to the Mayor and City Council by any other public general or public local law or otherwise;
(3)    authorize the Mayor and City Council or the officers of Baltimore City to engage in any activity that is beyond their power under any other public general law or public local law or otherwise; or
(4)    preempt or supersede the regulatory authority of any unit of the State under any public general law.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 2 - Powers › Section 10-204 - Historic and Landmark Zoning and Preservation

(a)    To preserve structures and landmarks of historic and architectural value as a public purpose of the State, the Mayor and City Council of Baltimore City may enact laws for historic and landmark zoning and preservation.
(b)    This section does not restrict any charter power or other power of Baltimore City.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 3 - Designation and Adoption › Section 10-301 - Districts and Zones

(a)    The Mayor and City Council of Baltimore City may divide Baltimore City into districts and zones of any number, shape, and area as they determine are best suited to carry out the purposes listed in § 10–302 of this subtitle.
(b)    (1)    Within the districts and zones, the Mayor and City Council of Baltimore City may regulate the construction, alteration, repair, or use of buildings, structures, or land.
(2)    (i)    Zoning regulations adopted by the Mayor and City Council of Baltimore City under this subtitle shall be uniform for each class or kind of development throughout each district or zone.
(ii)    Zoning regulations in one district or zone may differ from those in other districts or zones.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 3 - Designation and Adoption › Section 10-302 - Zoning Regulations -- Purposes; Considerations

Zoning regulations adopted by the Mayor and City Council of Baltimore City under this subtitle shall:
(1)    be in accordance with the plan;
(2)    be designed to:
(i)    control street congestion;
(ii)    promote health, public safety, and general welfare;
(iii)    provide adequate light and air;
(iv)    promote the conservation of natural resources;
(v)    prevent environmental pollution;
(vi)    properly manage growth and development; and
(vii)    promote or facilitate adequate transportation, water, sewerage, schools, recreation, parks, and other public facilities; and
(3)    include reasonable consideration for:
(i)    the character of the district or zone and its suitability for particular uses;
(ii)    the conservation of the value of buildings and other structures; and
(iii)    encouragement for orderly development and the most appropriate use of land throughout Baltimore City.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 3 - Designation and Adoption › Section 10-303 - Zoning Regulations -- Procedure; Public Hearings

(a)    The Mayor and City Council of Baltimore City shall provide for the manner in which zoning regulations and the boundaries of districts and zones shall be established, enforced, and amended.
(b)    (1)    The Mayor and City Council of Baltimore City shall hold at least one public hearing on a proposed zoning regulation or boundary at which parties in interest and citizens have an opportunity to be heard.
(2)    The zoning regulation or boundary may not become effective until after the hearing or hearings.
(c)    At least 15 days before a public hearing is held under this section, the Mayor and City Council of Baltimore City shall publish notice of the time and place of the hearing in a newspaper of general circulation in Baltimore City.
(d)    If a hearing under this section will be on a proposed change in the boundaries of a district or zone, the Mayor and City Council of Baltimore City shall:
(1)    post a similar notice at a place designated by the respective zoning authorities within the district or zone proposed to be changed; and
(2)    mail notice of the proposed change by United States first–class mail to any person whose name last appeared in the Baltimore City tax records as the owner of the property proposed to be changed.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 3 - Designation and Adoption › Section 10-304 - Zoning Regulations -- Amendment, Repeal, and Reclassification

(a)    The Mayor and City Council of Baltimore City may amend or repeal zoning regulations and boundaries.
(b)    (1)    If the purpose and effect of a proposed map amendment is to change the zoning classification of particular property, the City Council shall make findings of fact that address:
(i)    population change;
(ii)    the availability of public facilities;
(iii)    present and future transportation patterns;
(iv)    compatibility with existing and proposed development for the area;
(v)    the recommendations of the Baltimore City Planning Commission and the Board; and
(vi)    the relationship of the proposed amendment to Baltimore City’s plan.
(2)    The City Council may grant the amendment to change the zoning classification based on a finding that there was:
(i)    a substantial change in the character of the neighborhood where the property is located; or
(ii)    a mistake in the existing zoning classification.
(3)    The City Council may not allow the filing of an application for a reclassification of a tract or parcel of land for which a reclassification has been denied by the City Council on the merits in the 12 months before the date of the application.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 3 - Designation and Adoption › Section 10-305 - Changes to Boundaries of Districts or Zones

(a)    (1)    The Mayor and City Council of Baltimore City shall refer proposed changes to the boundaries of a district or zone to the Baltimore City Planning Commission and to the Board.
(2)    The Planning Commission and the Board shall:
(i)    study the proposed changes in relation to:
1.    the plan;
2.    the needs of Baltimore City; and
3.    the needs of the particular neighborhood in the vicinity of the proposed changes; and
(ii)    report their findings and recommendations to the Mayor and City Council.
(3)    If the Planning Commission and the Board recommend disapproval of the proposed changes to the boundaries of a district or zone, the changes may not take effect unless a majority of the members of the City Council vote to approve the changes.
(b)    The provisions of § 10–303 of this subtitle concerning public hearings and notice apply to all changes or amendments to regulations and boundaries.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 4 - Implementation › Section 10-401 - Enforcement

(a)    A violation of this title or a local law enacted or regulation adopted under this title is a misdemeanor.
(b)    (1)    The Mayor and City Council of Baltimore City may provide by local law for the enforcement of this title and any local law enacted or regulation adopted under this title.
(2)    The Mayor and City Council of Baltimore City may:
(i)    require punishment by fine or imprisonment or both; and
(ii)    enact or adopt civil penalties for a violation.
(3)    The Mayor and City Council of Baltimore City may provide by local law that a violation of this title or a local law enacted or regulation adopted under this title is a civil zoning violation.
(c)    In addition to any other available remedies, the proper authorities of Baltimore City may institute any appropriate action or proceedings to:
(1)    prevent the unlawful construction, alteration, repair, conversion, maintenance, or use of a sign, a building, a structure, or land in violation of this title or any local law enacted or regulation adopted under this title;
(2)    restrain, correct, or abate the violation;
(3)    prevent the occupancy of the building, structure, or land; or
(4)    prevent any illegal act, conduct, business, or use in or about the premises of the building, structure, or land.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 4 - Implementation › Section 10-402 - Hearing Examiners

(a)    The City Council of Baltimore City may appoint full– and part–time hearing examiners that it considers necessary and appropriate to conduct public hearings as required under §§ 10–303 through 10–305 of this title.
(b)    The City Council shall establish the term of office, qualifications, and compensation for hearing examiners.
(c)    A hearing examiner shall conduct a hearing in the same manner and subject to the same rules as a hearing conducted by the City Council.
(d)    A hearing examiner shall issue a written recommendation in the time, manner, and form established by the City Council.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 4 - Implementation › Section 10-403 - Board -- Established

(a)    With the advice and consent of the City Council, the Mayor may provide for the appointment of a Board of Municipal and Zoning Appeals.
(b)    (1)    The Board shall consist of five members.
(2)    (i)    The term of a member of the Board is 4 years.
(ii)    The terms of the members of the Board shall be staggered as provided on October 1, 2012.
(3)    With the advice and consent of the City Council, the Mayor shall appoint an individual to fill the unexpired term of any member.
(4)    (i)    The Mayor may remove any member of the Board for:
1.    incompetence;
2.    misconduct; or
3.    in the same manner as for a member of a State board or commission:
A.    failure to attend meetings under § 8–501 of the State Government Article; or
B.    conviction of a crime in accordance with § 8–502 of the State Government Article.
(ii)    The Mayor shall provide to the member:
1.    a written statement of charges stating the grounds for removal; and
2.    an opportunity for a public hearing to contest the charges.
(5)    (i)    The Mayor shall designate one or more alternate members for the Board who may sit on the Board when another member of the Board is absent or recused.
(ii)    When an alternate member is absent or recused, the Mayor may designate a temporary alternate.
(c)    (1)    The Board shall adopt rules in accordance with any local law adopted under this title.
(2)    Meetings of the Board shall be:
(i)    held at the call of the chair and at other times determined by the Board; and
(ii)    open to the public.
(3)    The chair of the Board or, in the chair’s absence, the acting chair may administer oaths and compel the attendance of witnesses.
(4)    The Board shall keep minutes of its proceedings, including the vote of each member on each question, or the member’s absence or failure to vote.
(5)    (i)    The Board shall keep records of the examinations and other official actions of the Board.
(ii)    The records of the Board shall be:
1.    filed promptly in the office of the Board; and
2.    open to the public.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 4 - Implementation › Section 10-404 - Board -- Authority

(a)    The Board may:
(1)    hear and decide appeals when:
(i)    it is alleged that there was an error in any order, requirement, decision, or determination made by an administrative official or unit under this title or any local law adopted under this title; and
(ii)    the Board is authorized by the Mayor and City Council of Baltimore City by local law or the Charter of Baltimore City;
(2)    hear and decide special exceptions or conditional uses on which the Board is required to act under a local law;
(3)    authorize on appeal in specific cases a variance from the terms of a local law;
(4)    approve buildings and uses limited as to location by any regulation adopted under a local law; and
(5)    when acting on a zoning application, consider the availability of public facilities in the area, including schools and flood plain facilities, under regulations adopted under a local law.
(b)    If authorized by the general zoning laws of Baltimore City, this subtitle does not prevent the Mayor and City Council of Baltimore City from granting by local law:
(1)    variances;
(2)    special exceptions; or
(3)    conditional uses.
(c)    Nothing in this subtitle prohibits an administrative official or unit from making a decision under this title or any local law adopted under this title when authorized by the Mayor and City Council of Baltimore City by local law or the Charter of Baltimore City.
(d)    This section does not alter or impair the right to appeal provided for under this subtitle.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 4 - Implementation › Section 10-405 - Board -- Appeal Procedures

(a)    An appeal to the Board may be filed by:
(1)    a person aggrieved by a decision of the administrative officer or unit; or
(2)    an officer or unit of Baltimore City affected by a decision of the administrative officer or unit.
(b)    A person shall file an appeal within a reasonable time provided by local law or the rules of the Board by filing with the administrative officer or unit from whose action the appeal is taken and with the Board a notice of appeal specifying the grounds of the appeal.
(c)    On receiving the notice of appeal, the administrative officer or unit from whose action the appeal is taken shall transmit to the Board all papers constituting the record of the action appealed.
(d)    (1)    Unless the administrative officer or unit from whose action an appeal is taken, after receiving the notice of appeal, certifies facts to the Board that the administrative officer or unit believes that a stay would cause imminent peril to life or property, an appeal stays all proceedings in the action appealed.
(2)    If the administrative officer or unit provides facts showing that a stay would cause imminent peril to life or property, the proceedings may be stayed only by a restraining order granted by:
(i)    the Board; or
(ii)    the Circuit Court for Baltimore City.
(3)    A restraining order may be issued only:
(i)    on application;
(ii)    for good cause shown; and
(iii)    after notice is given to the administrative officer or unit from whose action the appeal is taken.
(e)    (1)    The Board shall:
(i)    establish a reasonable time for the hearing of an appeal;
(ii)    give public notice of the existence of the appeal and of the hearing, and due notice to the parties in interest and to other persons entitled to notice under local law or the rules of the Board; and
(iii)    decide the appeal within a reasonable time.
(2)    At a hearing, a party may:
(i)    appear in person; or
(ii)    be represented by an agent or attorney.
(f)    (1)    The Board may, in conformity with this title:
(i)    wholly or partly reverse the order, requirement, or decision that is the subject of the appeal;
(ii)    wholly or partly affirm the order, requirement, or decision that is the subject of the appeal; or
(iii)    modify the order, requirement, or decision that is the subject of the appeal.
(2)    The Board shall have the powers of the administrative officer or unit from whose action the appeal is taken.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 4 - Implementation › Section 10-406 - Board -- Voting

(a)    If five members of the Board are present, the concurring vote of at least four members is necessary to:
(1)    reverse any order, requirement, or decision of an administrative officer or unit;
(2)    decide in favor of the applicant on any matter on which the Board is required to act under a local law; or
(3)    effect any variation in a local law.
(b)    If four members of the Board are present, the concurring vote of at least three members is necessary to take any action under this section.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 5 - Judicial Review › Section 10-501 - Procedure

(a)    A request for judicial review by the Circuit Court for Baltimore City may be filed by any person, taxpayer, or officer or unit of Baltimore City aggrieved by:
(1)    a decision of the Board; or
(2)    a zoning action by the City Council.
(b)    The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.
(c)    This section does not change the existing standards for judicial review of a zoning action.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 5 - Judicial Review › Section 10-502 - Hearing; Disposition

(a)    (1)    The Circuit Court for Baltimore City may:
(i)    consider the judicial review on the record; or
(ii)    allow either side or both sides to present additional testimony if the court believes that additional testimony is required for the proper disposition of the judicial review.
(2)    The court shall consider the judicial review without a jury.
(b)    (1)    In reviewing a decision of the Board, the Circuit Court for Baltimore City may:
(i)    reverse in whole or part;
(ii)    affirm in whole or part;
(iii)    modify; or
(iv)    remand for further consideration.
(2)    (i)    If a petition for judicial review is remanded for further consideration, any testimony taken in court shall be made available to the Board.
(ii)    The costs of preparing the testimony shall be made a part of the costs of judicial review.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 10 - Baltimore City Zoning › Subtitle 5 - Judicial Review › Section 10-504 - Additional Matters for Judicial Review

(a)    In addition to the judicial review provided under § 10–501 of this subtitle, the Mayor and City Council of Baltimore City may allow judicial review by the Circuit Court for Baltimore City of any matter arising under the planning and zoning laws of Baltimore City.
(b)    A judgment of the Circuit Court for Baltimore City under this section may be appealed to the Court of Special Appeals.
(c)    This section does not restrict any charter power or other power of the Mayor and City Council of Baltimore City.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 11 - Enforcement › Subtitle 1 - General Provisions › Section 11-101 - Local Law; Subdivision Regulations

(a)    A legislative body may provide by local law for the enforcement of this division and of any local law enacted or regulation adopted under this division.
(b)    Any property subdivided in violation of §§ 5–301 and 5–302 of this article shall remain subject to the adopted subdivision regulations.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 11 - Enforcement › Subtitle 1 - General Provisions › Section 11-102 - Violation; Penalty

(a)    A violation of this division or of a local law enacted or regulation adopted under this division is a misdemeanor.
(b)    A legislative body may:
(1)    provide for punishment of a violation by fine or imprisonment or both; and
(2)    impose civil penalties for a violation.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 11 - Enforcement › Subtitle 1 - General Provisions › Section 11-103 - Remedies

(a)    In addition to any other available remedy, a local jurisdiction may institute any appropriate action or proceeding to:
(1)    prevent the unlawful construction, alteration, repair, conversion, maintenance, or use of a building, structure, sign, or land in violation of this division or of a local law enacted or regulation adopted under this division;
(2)    restrain, correct, or abate the violation;
(3)    prevent the occupancy of the building, structure, or land; or
(4)    prevent any illegal act, conduct, business, or use in or about the premises.
(b)    Notwithstanding subsection (a) of this section, a local jurisdiction may not institute an action or proceeding to:
(1)    abate a transfer that has been completed; or
(2)    prevent the occupancy of a building, structure, or land involved in the transfer as a result of a violation of § 5–301 or § 5–302 of this article.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 11 - Enforcement › Subtitle 2 - Civil Penalty › Section 11-202 - Civil Penalty

(a)    A legislative body of a county may provide a civil penalty for a zoning violation, which shall be enforced as provided in this subtitle.
(b)    The legislative body may:
(1)    impose a fine not exceeding $500 for each violation;
(2)    establish a schedule of additional fines for each violation; and
(3)    adopt procedures for the collection of the fines.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 11 - Enforcement › Subtitle 2 - Civil Penalty › Section 11-203 - Citation

(a)    A zoning official may deliver a citation to a person who has committed a civil zoning violation.
(b)    (1)    The citation shall contain:
(i)    the name and address of the person charged;
(ii)    the nature of the violation, including the provision violated;
(iii)    the location and time of the violation;
(iv)    the amount of the fine;
(v)    the manner, location, and time for payment of the fine; and
(vi)    notice of the cited person’s right to elect to stand trial for the violation and how to exercise that right.
(2)    The citation shall bear a certification attesting to the truth of the matters set forth in the citation.
(c)    The zoning official shall keep a copy of the citation.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 11 - Enforcement › Subtitle 2 - Civil Penalty › Section 11-204 - Election to Stand Trial

(a)    A person who receives a citation may elect to stand trial for the violation by filing a notice of intention to stand trial with the zoning official at least 5 business days before the date set forth in the citation for the payment of fines.
(b)    After receiving a notice of intention to stand trial, the zoning official shall forward the notice, with a copy of the citation, to the District Court having venue.
(c)    After receiving the citation and notice, the District Court shall:
(1)    schedule the case for trial; and
(2)    notify the defendant of the trial date.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 11 - Enforcement › Subtitle 2 - Civil Penalty › Section 11-205 - Failure to Respond

(a)    If a person that receives a citation for a violation fails to pay the fine by the date of payment set forth in the citation and fails to file a notice of intention to stand trial, the zoning official shall mail a notice of the violation to the person’s last known address.
(b)    If the person that receives the citation does not pay or otherwise satisfy the citation within 15 days after the date the notice of violation is mailed, the person shall be subject to an additional fine not exceeding twice the amount of the original fine.
(c)    (1)    If the person that receives the citation does not pay or otherwise satisfy the citation within 35 days after the notice of violation is mailed, the zoning official may request the District Court to adjudicate the violation.
(2)    If the zoning official requests adjudication, the District Court shall:
(i)    schedule the case for trial; and
(ii)    summon the defendant to appear.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 11 - Enforcement › Subtitle 2 - Civil Penalty › Section 11-206 - Adjudication of Violation in District Court

In a proceeding before the District Court, a violation shall be adjudicated in the same manner and to the same extent as a municipal infraction under §§ 6–108 through 6–115 of the Local Government Article.
2023 Maryland Statutes › Land Use › Division I - Single-Jurisdiction Planning and Zoning › Title 11 - Enforcement › Subtitle 2 - Civil Penalty › Section 11-207 - Judgments and Court Costs

(a)    All fines, penalties, or forfeitures collected by the District Court for zoning violations shall be remitted to the county in which the zoning violation occurred.
(b)    If the District Court finds that a person has committed a civil zoning violation, the person shall be liable for the costs of the court proceedings.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 14 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 14-202 - Other Applicable Law

(a)    Except as otherwise provided in Title 20, Subtitle 7, Part I, Title 24, Subtitle 2, and Title 25, Subtitle 3 of this article, Article XI–E of the Maryland Constitution does not apply to the Commission, the metropolitan district, or the regional district.
(b)    Neither the Commission, the metropolitan district, nor the regional district is a “municipal corporation” under Article XI–E of the Maryland Constitution.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 14 - Definitions; General Provisions › Subtitle 2 - General Provisions › Section 14-203 - Adoption of Local Law

The requirement or authorization for a local jurisdiction to enact a local law to implement a provision of this division is not intended to alter in any way the form or legislative mechanism that the applicable enabling authority requires for the local jurisdiction to enact the local law, whether by ordinance, resolution, or otherwise, as of October 1, 2012.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-102 - Membership

(a)    (1)    The Commission consists of 10 members.
(2)    Of the 10 members of the Commission:
(i)    five shall be residents and registered voters of Montgomery County; and
(ii)    five shall be residents and registered voters of Prince George’s County.
(3)    (i)    Subject to the approval of the County Executive, the County Council shall appoint each commissioner from Montgomery County.
(ii)    Subject to the approval of the County Council, the County Executive shall appoint each commissioner from Prince George’s County.
(b)    Each commissioner shall be an individual of ability, experience, and integrity.
(c)    (1)    Of the commissioners from each county, not more than three shall be members of the same political party.
(2)    A commissioner may not be selected as representing or supporting any special interest.
(d)    (1)    The term of a commissioner is 4 years and begins on June 15.
(2)    The terms of commissioners are staggered as required by the terms provided for commissioners on October 1, 2012.
(3)    At the end of a term, a commissioner continues to serve until a successor is appointed and qualifies.
(4)    A commissioner who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)    A commissioner who is appointed to fill a vacancy for an unexpired term shall be a member of the same political party as the commissioner who vacated the office.
(6)    (i)    Except as provided in subparagraph (ii) of this paragraph, a commissioner appointed from Montgomery County may not be appointed for three consecutive full terms.
(ii)    A commissioner appointed from Montgomery County may be appointed for a maximum of three consecutive full terms as a member of the Commission if the commissioner is designated as chair of the Montgomery County Planning Board during the commissioner’s second term in office.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-103 - Appointment Procedures

(a)    (1)    In Montgomery County, the County Council shall make an appointment to the Commission from a list of applicants.
(2)    The list shall be:
(i)    completed at least 3 weeks before an appointment is made; and
(ii)    made available to the public.
(3)    If the County Council does not appoint an individual whose name appears on the list or if no name appears on the list, the County Council shall provide for the preparation of a second list and follow the procedures under paragraph (2) of this subsection.
(4)    Within 3 days after making an appointment, the County Council shall submit the name of the appointee to the County Executive.
(5)    Within 30 days after the appointment is submitted, the County Executive shall approve or disapprove the appointment.
(6)    An appointment that is not disapproved by the County Executive in accordance with this subsection is deemed to be approved.
(7)    If the County Executive disapproves an appointment, the County Executive shall return the appointment to the County Council with the reasons for the disapproval stated in writing.
(8)    By the affirmative vote of nine of its members, the County Council may appoint a commissioner over the disapproval of the County Executive.
(b)    (1)    In Prince George’s County, the County Council shall hold public hearings on an appointment to the Commission not less than 10 days and not more than 20 days after the County Executive submits the name of the appointee to the County Council.
(2)    If the County Council fails to act on the appointment within 30 days after the County Executive submits the name of the appointee, the appointment is deemed to be approved.
(3)    A vote of a majority of the full County Council is required to approve or disapprove an appointment.
(4)    (i)    In making and approving appointments, the County Council and County Executive shall attempt to provide reasonable geographic balance with respect to the commissioners’ places of residence.
(ii)    The appointment resolution for each appointment shall describe the resulting geographic distribution and provide appropriate explanations.
2023 Maryland Statutes › Land Use › Division II - Maryland-National Capital Park and Planning Commission › Title 15 - Commission › Subtitle 1 - Organization and General Authority of Commission › Section 15-104 - Additional Requirements for Appointment of Montgomery County Commissioners

(a)    This section applies to each commissioner appointed by the Montgomery County Council under §§ 15–102 and 15–103 of this subtitle.
(b)    (1)    The Montgomery County Council may require an applicant for appointment as a commissioner to be interviewed by the County Council or its designated agent in private regarding possible or potential conflicts of interest.
(2)    Before the appointment is made, the County Council or its designated agent shall interview in private an applicant who is selected for appointment regarding possible or potential conflicts of interest.
(c)    An applicant may not be appointed unless the applicant:
(1)    has filed a financial disclosure statement as required by § 5–824 of the General Provisions Article; and
(2)    has been interviewed as required by subsection (b) of this section.
(d)    (1)    In an interview under this section, the applicant shall be interviewed:
(i)    under oath;
(ii)    in a question and answer format; and
(iii)    about information and interests including all sources of income, property holdings, business interests, and financial interests of the applicant and the applicant’s spouse, parent, child, brother, or sister.
(2)    The County Council may require the applicant to produce relevant documents.
(e)    (1)    A written transcript shall be made of all questions and answers in an interview under this section.
(2)    Unless the examination is waived by the applicant:
(i)    the transcript shall be submitted to the applicant for examination;
(ii)    the transcribing officer shall make any changes in the transcript that the applicant desires to make, accompanied by a statement of the reason given by the applicant for the changes; and
(iii)    the applicant shall sign the transcript.
(3)    The transcribing officer shall certify on the transcript that:
(i)    the applicant was sworn by the officer; and
(ii)    the transcript is a true record of the testimony given by the applicant.
(4)    The County Council shall:
(i)    publicly disclose the complete transcript of an appointee within 3 weeks after the date of the appointment; and
(ii)    when the appointee takes office, destroy immediately the complete transcript of any other applicant without disclosure of any information contained in the transcript.
(f)    (1)    On or before June 1 of each year, an appointee shall disclose, in writing, to the County Council all information available to make current the property holdings, business interests, and financial interests in the State and the greater Washington metropolitan area of the appointee and the appointee’s spouse, parent, child, brother, or sister.
(2)    The County Council shall publicly disclose the information received from the appointee.
(3)    If the County Council determines it necessary, the County Council may require substantiation and additional information.