The County Council of Montgomery County is the district council for that portion of the regional district located in Montgomery County.
The County Council of Prince George’s County is the district council for that portion of the regional district located in Prince George’s County.
Sitting together as a joint body, the district council for Montgomery County and the district council for Prince George’s County are the bi–county district council for the regional district as a whole.
The bi–county district council may not adopt a local law except by affirmative vote of:
a majority of the membership of the Montgomery County district council; and
a majority of the membership of the Prince George’s County district council.
The Montgomery County district council or the Prince George’s County district council, in accordance with the requirements of this division as to the portion of the regional district located in the respective county, may:
by local law adopt and amend the text of the zoning law for that county; and
by local law adopt and amend any map accompanying the text of the zoning law for that county.
The local law may regulate:
the location, height, bulk, and size of each building or other structure, and any unit in the building or structure;
building lines;
minimum frontage;
the depth and area of each lot; and
the percentage of a lot that may be occupied;
the size of lots, yards, courts, and other open spaces;
the construction of temporary stands and structures;
the density and distribution of population;
the location and uses of buildings and structures and any units in those buildings and structures for:
trade;
industry;
residential purposes;
recreation;
agriculture;
public activities; and
other purposes; and
the uses of land, including surface, subsurface, and air rights for the land, for building or for any of the purposes described in item (5) of this subsection.
The exercise of authority by a district council under this section is limited by §§ 17–402 and 25–211 of this article.
A district council may establish a program for the transfer of development rights.
The district council for Prince George’s County may by local law create a program for the purchase of development rights under Title 25, Subtitle 6 of this article.
This section applies to property of:
a landowner;
the holder of an easement or right in the land of the landowner; and
the tenant of the landowner or of the holder of the easement or right in the land.
A district council may not prohibit the use of land subject to this section for:
farming or other agricultural uses; or
in Prince George’s County, storage of natural or artificial gas at more than 500 feet below ground level.
This section applies only in Montgomery County.
The requirements of this section do not apply to an application for a zoning map amendment filed by the district council or by the Commission.
Subject to paragraph (2) of this subsection, the district council for Montgomery County may not receive an application for a zoning map amendment on land that was:
the subject of a prior application for a zoning map amendment filed after June 1, 1965; and
for the same zoning classification on which there was a decision on the merits.
An application may be refiled after 36 months have elapsed since the filing of the application for the prior zoning map amendment that was decided on the merits.
In this subsection, “substantial interest” includes an individual or corporate interest of 5% or more of the full cash value of property that is subject to an application for a zoning map amendment under this section, excluding all mortgages, deeds of trust, liens, and encumbrances on the property.
An application for a zoning map amendment shall include the name of:
each person that has a substantial interest in the property that is the subject of the application;
each contract purchaser; and
each person holding a mortgage, deed of trust, or option to purchase the property.
The purposes of this section are to:
protect the historical, archaeological, architectural, or cultural heritage areas in Montgomery County and Prince George’s County that comprise the regional district; and
preserve and enhance the quality of life in the community.
In addition to the power to regulate planning, zoning, or subdivision, a district council may adopt local laws to protect, preserve, and enhance, as designated on the adopted and approved general plan:
sites;
structures and their appurtenances and environmental settings; and
districts of historical, archaeological, architectural, or cultural value.
The enactment and application of a local law under this section shall be:
reasonable and appropriate to the purpose of this subtitle; and
limited to the protection, preservation, and enhancement of the exterior of the site, structure, or district.
If the enactment or application of a local law by the district council effects a taking of private property, the district council shall make provision for just compensation.
This section does not authorize the validation, ratification, or legalization of any violation of law or regulation in effect at the time of the action by the district council under this section.
In accordance with its zoning laws, the district council may provide for the grant of power to the Board of Appeals of Prince George’s County on appeal to allow:
an extension of a lawful nonconforming use throughout all or a part of a building in which the nonconforming use lawfully exists;
the restoration or reconstruction of an existing lawful nonconforming use if by fire or other calamity the use has been destroyed to the extent of not more than 75% of the reconstruction value of the building in which the lawful nonconforming use was carried on; or
an extension of an existing lawful nonconforming use on the same lot as the lot existed as a single lot under single ownership when enactment of the zoning law made the then existing use on the lot nonconforming.
This section applies to any official or body authorized to issue a license or permit.
In this subsection, “residential zone” means any area in the regional district that is designated on a zoning map as residential.
Except as provided in paragraph (3) of this subsection, an official or body may not issue a license or permit for a commercial or industrial purpose or to conduct any commercial or industrial enterprise or business in a residential zone.
Paragraph (2) of this subsection does not apply if the purpose, enterprise, or business is allowed by an applicable zoning law under allowed uses or special exceptions granted by a board of appeals.
A person may continue, and appropriate licenses may be issued to the person for, a lawful nonconforming use existing on the effective date of the respective zoning laws in the metropolitan district.
A lawful nonconforming use that existed on the effective date of a zoning law enacted by Montgomery County or Prince George’s County under this title in that portion of the regional district in the applicable county that is outside the metropolitan district may be continued and appropriate licenses may be issued.
To carry out §§ 22–112 through 22–114 of this subtitle, the Commission shall supply a copy of any map that shows the residential, commercial, industrial, and other zones or districts in the regional district to each:
clerk;
administrative official;
licensing body; and
any other official or body authorized to issue a license or permit.
A license or permit issued in violation of any provision of §§ 22–112 through 22–115 of this subtitle is invalid.
An official or person who issues a license or permit in violation of any provision of §§ 22–112 through 22–115 of this subtitle is guilty of a misdemeanor and subject to the penalty provided in Title 27 of this article.
Except as provided in paragraphs (2) and (3) of this subsection, within the regional district, the zoning powers vested by Division I of this article in a municipal corporation or the council of a municipal corporation within the regional district shall be construed to be vested exclusively in the appropriate district council.
A municipal corporation in Prince George’s County has concurrent jurisdiction with Prince George’s County to enforce zoning laws in the boundaries of the municipal corporation.
The power to enforce zoning laws for the City of Takoma Park and the Town of Kensington is as provided in §§ 24–201 and 24–202 of this article, respectively.
Before exercising the authority granted by this section, a municipal corporation in Prince George’s County shall enter into a written agreement with the district council concerning:
the method by which the county will be advised of citations issued by a municipal inspector;
the responsibility of the municipal corporation or the county to prosecute violations cited by the municipal corporation;
the disposition of fines imposed for violations cited by the municipal corporation;
the resolution of disagreements between the municipal corporation and the county about the interpretation of zoning laws; and
any other matter that the district council considers necessary for the proper exercise of the authority granted by this section.
Within the regional district, any power granted to a planning commission or board of appeals under Division I of this article shall be construed as vested exclusively in and may be exercised only by:
the Commission; or
the board of appeals created or authorized by this title.
Other than a provision applicable to Montgomery County, Prince George’s County, or all charter counties under Title 1, Subtitle 4 of this article, any provision of Division I of this article that is in conflict with this title does not apply in the regional district.