# Land Use (GLU) ## Title 22. Zoning ### Subtitle 2. Designation and Adoption #### Section 22-201 (a) A district council may divide the portion of the regional district located within its county into districts and zones of any number, shape, or area it may determine. (b) (1) Within the districts and zones, the district council may regulate the construction, alteration, and uses of buildings and structures and the uses of land, including surface, subsurface, and air rights. (2) (i) Zoning laws shall be uniform for each class or kind of development throughout a district or zone. (ii) The zoning laws in one district or zone may differ from those in other districts or zones. #### Section 22-202 (a) This section applies to any zoning law that imposes a more restrictive height limitation, lesser percentage of lot occupancy, wider or larger courts, deeper yards, or other more restrictive limitations than those provided by State, county, municipal, or other local regulations. (b) A zoning law described in subsection (a) of this section shall prevail in the area where it is imposed over the limitations provided by State, county, municipal, or other local regulations. #### Section 22-203 A municipal corporation in Prince George's County shall have concurrent authority in its boundaries with the county department responsible for issuing permits, to seek compliance with zoning requirements to the extent that the requirements pertain to signs. #### Section 22-206 (a) A district council may amend its zoning laws, including any maps: (1) in accordance with procedures established in its zoning laws; and (2) after holding an advertised public hearing. (b) The procedures and zoning laws may include: (1) procedures limiting the times when amendments may be adopted; (2) provisions for hearings and preliminary determinations by an examiner, a board, or any other unit; (3) procedures for quorums, number of votes required to enact amendments, and variations or increases based on factors such as master plans, recommendations of the hearing examiner, county planning board, municipal corporation, governed special taxing district, or other body, and petitions of abutting property owners, and the evidentiary value that may be accorded to any of these factors; and (4) procedures for hearings, notice, costs, fees, amendment of applications, recordings, reverter, lapse, and reconsideration de novo of undeveloped zoning amendments. (c) (1) In Prince George's County, the district council may provide for notice of the public hearing on a proposed amendment to its zoning plan or zoning laws to be given to the owners of properties, as they appear on the assessment rolls of the county, adjoining, across the road from, on the same block as, or in the general vicinity of the property that is the subject of the proposed amendment. (2) A zoning law adopted under this subsection may require notice to be given by mail or by posting the notice on or in the vicinity of the property involved in the proposed amendment or both. (d) In Prince George's County, the zoning hearing examiner shall issue a decision on a zoning matter not more than 100 days after the date of the last hearing held by the hearing examiner. (e) In a year in which a district council is elected, the district council may not amend a zoning law from November 1 and until the newly elected district council has taken office. #### Section 22-207 (a) Before a district council may amend the zoning law by changing the zoning classification of property in a municipal corporation or governed special taxing district, the district council shall refer the application for the change to the governing body of the municipal corporation or governed district for its recommendation. (b) The governing body of the municipal corporation or governed special taxing district has 60 days to make its recommendation. (c) A two-thirds majority of all the members of the district council is required before the district council may change the zoning classification of property in a municipal corporation or governed special taxing district contrary to the recommendation of the municipal corporation or governed district. #### Section 22-208 (a) Before a map amendment is approved, it shall be submitted to the appropriate county planning board and to the governing body of the municipal corporation or governed special taxing district where the land is located for a recommendation as to approval, disapproval, or approval with conditions. (b) A district council may provide by local law procedures for the county planning board and a municipal corporation or governed special taxing district to follow in considering zoning map amendments to the extent that these provisions do not conflict with this division. #### Section 22-209 (a) This section applies to applications filed for amendments to zoning classifications in Montgomery County. (b) Except as provided in subsection (c) of this section, an application shall be granted only by the affirmative vote of at least five members of the district council. (c) (1) Except as provided in paragraph (2) of this subsection, an application that seeks a zoning classification not shown as appropriate or suitable in the text or on the land use map of a master plan that the district council has approved under Sec. 21-107 of this article may be granted only by the affirmative vote of eight members of the district council. (2) If the Commission recommends approval of the application for reclassification or if the application is for a zoning classification created after the district council approves the master plan, the affirmative vote of six members of the district council is required to grant the application. #### Section 22-210 (a) This section applies only in Prince George's County. (b) The district council shall require a two-thirds vote of all members of the district council to approve a zoning map amendment if the zoning map amendment is contrary to an approved master plan. (c) The district council shall require a two-thirds vote of all members of the district council to approve a zoning map amendment or a special exception if the zoning map amendment or special exception is contrary to the recommendation of a municipal corporation that has any portion of the land subject to the zoning map amendment or special exception in its boundaries. (d) The district council shall require a two-thirds vote of all members of the district council and a four-fifths vote of all members of the county planning board to approve an optional parking plan if the optional parking plan is contrary to the recommendation of a municipal corporation that has any portion of the land subject to the optional parking plan in its boundaries. #### Section 22-213 This part applies only in Prince George's County. #### Section 22-214 (a) In approving any zoning map amendment, the district council may consider and adopt any reasonable requirements, safeguards, and conditions that: (1) may be necessary to protect surrounding properties from adverse effects that might accrue from the zoning map amendment; or (2) would further enhance the coordinated, harmonious, and systematic development of the regional district. (b) (1) A statement of any condition provided under subsection (a) of this section shall be included in the resolution granting the amendment. (2) The conditions shall remain in effect for so long as the property remains zoned in accordance with the resolution and the applicable zoning classification requested. (3) A building permit, use permit, or subdivision plat may not be issued or approved for the property except in accordance with conditions set forth in the resolution. (c) (1) An applicant has 90 days from the date of approval to accept or reject the land use classification conditionally approved. (2) If the applicant expressly rejects the amendment as conditionally approved within the 90-day period, the zoning classification shall revert to its prior status. (d) Notwithstanding any other provision of this section, the district council may not impose any requirement, safeguard, or condition that would require the dedication of land for public use except for roads and easements. (e) The district council may adopt local laws necessary to provide adequate notice, public hearings, and enforcement procedures for the implementation of this section. (f) If any resolution, or any part or condition of any resolution, passed by the district council in accordance with this section is declared invalid by any court of competent jurisdiction: (1) the zoning category applicable to the property rezoned by the resolution shall revert to the category applicable before the passage of the resolution; and (2) the resolution shall be null and void and of no effect. #### Section 22-215 (a) (1) An authorized reporter shall make a record of all hearings on petitions for zoning map amendments. (2) The record may not be destroyed until the time for appeal or rehearing on any petition for zoning map amendments has expired. (b) (1) A person making an application for a zoning map amendment shall pay an additional filing fee of $5 at the time of paying the advertising costs. (2) A person appealing a decision of the district council or requesting that a transcript be transcribed shall pay to the county the estimated cost of transcription of the record. #### Section 22-216 (a) In this section, "custodian" means the custodian of the records of a zoning map amendment case in the county. (b) (1) Before the Commission sends a zoning map amendment case to the district council, the Commission is the custodian. (2) After the Commission sends a zoning map amendment case to the district council, the district council is the custodian. (c) Correspondence or documents submitted to a custodian shall be received in a record only in accordance with any applicable statute, local law, rule of evidence, or case law. (d) (1) Except as provided in paragraph (2) of this subsection, each application for a zoning map amendment and all official correspondence and records relating to the application, prepared or received in a record by the custodian, shall be made available to the public during the custodian's regular business hours. (2) (i) Subject to subparagraph (ii) of this paragraph, the custodian may publish rules to prevent any access provided under paragraph (1) of this subsection from unreasonably disrupting the custodian's official business. (ii) Copies of technical staff reports shall be available for the public at the office of the custodian under all circumstances. (e) An individual who personally appears at the office of the custodian may obtain, without charge, a copy of a public document if the document: (1) is of letter or legal size; and (2) pertains to a specific zoning case, including zoning applications and justification statements. --- Md. Code Ann., Land Use (as displayed at mgaleg.maryland.gov, October 16, 2026)