A legislative body may divide the local jurisdiction into districts and zones of any number, shape, and area that the legislative body considers best suited to carry out the purposes of this division.
Within the districts and zones, the legislative body may regulate the construction, alteration, repair, or use of buildings, structures, or land.
Except as otherwise provided in this division or authorized by law:
zoning regulations shall be uniform for each class or kind of development throughout each district or zone; but
zoning regulations in one district or zone may differ from those in other districts or zones.
The legislative body shall adopt zoning regulations:
in accordance with the plan;
with reasonable consideration for, among other things, the character of the district or zone and its suitability for particular uses; and
with a view to conserving the value of property and encouraging orderly development and the most appropriate use of land.
The zoning regulations shall be designed to:
control street congestion;
promote health, public safety, and general welfare;
provide adequate light and air;
promote the conservation of natural resources;
prevent environmental pollution;
properly manage growth and development; and
promote or facilitate adequate transportation, water, sewerage, schools, recreation, parks, and other public facilities.
A legislative body shall provide for the manner in which its zoning regulations and the boundaries of districts and zones shall be established, enforced, and amended.
A legislative body 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.
The legislative body shall publish notice of the time and place of the public hearing, together with a summary of the proposed zoning regulation or boundary, in at least one newspaper of general circulation in the local jurisdiction once each week for 2 successive weeks.
The legislative body shall publish the first notice of the hearing at least 14 days before the hearing.
The zoning regulation or boundary may not become effective until 10 days after the hearing or hearings.
Zoning regulations and boundaries may be amended or repealed.
If the purpose and effect of a proposed map amendment is to change a zoning classification, the legislative body shall make findings of fact that address:
population change;
the 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 the proposed amendment to the local jurisdiction’s plan.
The legislative body may grant the amendment to change the zoning classification based on a finding that there was:
a substantial change in the character of the neighborhood where the property is located; or
a mistake in the existing zoning classification.
The legislative body shall keep a complete record of a hearing on an application for reclassification and the votes of the members of the legislative body.
A legislative body may not allow the filing of an application for a reclassification of all or part of any land for which a reclassification has been denied by the legislative body on the merits in the 12 months before the date of the application.
The provisions of § 4–203(b) of this subtitle concerning public hearings and notice apply to applications for reclassification.
A legislative body may authorize the planning director or another designee to grant an administrative adjustment from the following requirements in a zoning law enacted by the legislative body:
height;
setback;
bulk;
parking;
loading, dimensional, or area; or
similar requirements.
Before developing criteria and procedures for administrative adjustments under this section, the legislative body shall:
consult with the planning commission and the board of appeals; and
provide:
reasonable public notice of the proposed criteria and procedures;
an opportunity for a public hearing; and
an opportunity for public review and comment.
The criteria for an administrative adjustment shall include:
standards for actions on requests;
standards for the classes of development that are eligible for an administrative adjustment; and
the maximum variation from a zoning requirement that is allowed under an administrative adjustment.
Procedures for administrative adjustments may address:
applications;
notice to the public and to the parties in interest;
an opportunity for a public hearing;
an opportunity for the taking of testimony and evidence; and
decision making.
A decision on an application for an administrative adjustment shall include written findings of fact and conclusions of law.
By enacting a local law or adopting a procedure, a legislative body may authorize the appeal to the board of appeals of a decision to approve or deny an administrative adjustment.
Nothing in this section is intended to authorize a local jurisdiction to allow an administrative adjustment to State or local requirements that are intended to protect environmentally sensitive areas such as streams, slopes, wetlands, natural heritage areas, or critical areas.
By local law, a legislative body may specify in a zoning law the allowable modifications that may be made by a variance.
The modifications in a variance:
may be only of density, bulk, dimensional, or area requirements of the zoning law;
may be only allowed where, owing to conditions peculiar to the property and not because of any action taken by the applicant, a literal enforcement of the zoning law would result in unnecessary hardship or practical difficulty as specified in the zoning law; and
may not be contrary to the public interest.
On application by a property owner, a legislative body may authorize how the uses allowed in a zoning classification are to be applied to a particular improved property by granting an adaptive reuse.
Before granting an adaptive reuse, the legislative body shall make specific findings, supported by facts in the record, that:
the change is consistent with the plan for the local jurisdiction;
the change is in the public interest and provides a positive benefit to the community; and
literal enforcement of the zoning classification would deprive the owner of all reasonable economically viable use of the property.
A legislative body shall provide for exceptions to the zoning law when necessary to bring an existing parking lot into compliance with the requirements for parking spaces for individuals with disabilities and the van–accessible parking ratio requirement of the Maryland Accessibility Code adopted under § 12–202 of the Public Safety Article.
A legislative body may appoint full– and part–time hearing examiners that it considers necessary and appropriate.
A legislative body may delegate to a hearing examiner the power to conduct a public hearing under §§ 4–204 and 4–205 of this subtitle.
A hearing shall be conducted under rules the legislative body adopts.
A hearing examiner shall recuse himself or herself from participating in a matter in which the hearing examiner may have a conflict of interest or the appearance of a conflict of interest.
A legislative body shall determine the term of office, required qualifications, and compensation of a hearing examiner employed by the local jurisdiction.
A hearing examiner shall issue a written recommendation in the time, manner, and form required by the legislative body.
In this section, “critical area” includes the areas designated as the Chesapeake Bay Critical Area and the Atlantic Coastal Bays Critical Area under § 8–1807 of the Natural Resources Article.
This section does not apply in the critical area.
For the purposes of issuing a permit or variance relating to zoning, construction, or stormwater for a project to install a solar panel, any calculation relating to the impervious surface of the project required by the State or local governing authority issuing the permit or variance may include only the foundation or base supporting the solar panel.
In this section, “energy generating system” means an energy generating system:
for which a certificate of public convenience and necessity is required by State law; or
for which a certificate of public convenience and necessity is not required by State law; and
that is not considered to be an accessory use under the zoning law of the local jurisdiction where the system is located.
If the primary reason for a proposed amendment to change a zoning classification on a parcel of land is the existence of an energy generating system on that parcel of land or on a parcel of land that is adjacent to or in close proximity to that parcel of land, a legislative body may not grant an amendment to change the zoning classification based on a finding that there was:
a substantial change in the character of the neighborhood where the property is located; or
a mistake in the existing zoning classification.
In this section, “agritourism” means an activity conducted on a farm that is offered to a member of the general public or to invited guests for the purpose of education, recreation, or active involvement in the farm operation.
“Agritourism” includes:
farm tours;
hayrides;
corn mazes;
seasonal petting farms;
farm museums;
guest farms;
pumpkin patches;
“pick your own” or “cut your own” produce;
camping;
incidental outdoor stays;
classes related to agricultural products or skills; and
picnic and party facilities offered in conjunction with any agritourism activity.
A local jurisdiction may adopt the definition of “agritourism” as defined in this section by local ordinance, resolution, law, or rule.
In this section, “alcohol production” means an activity that is:
carried out by a license holder, as defined in § 1–101 of the Alcoholic Beverages and Cannabis Article; and
related to the manufacture, packaging, storage, promotion, or sale of alcoholic beverages.
“Alcohol production” includes the use of an area to:
provide tastings of alcoholic beverages; or
accommodate the license holder’s customers.
A local jurisdiction may adopt the definition of “alcohol production” as defined in this section by local ordinance, resolution, law, or rule.
In this section, “agricultural alcohol production” means an activity that:
is carried out by a license holder, as defined in § 1–101 of the Alcoholic Beverages and Cannabis Article;
occurs on agricultural land; and
is related to the manufacture, packaging, storage, promotion, or sale of alcoholic beverages that use ingredients produced on the agricultural land or any associated agricultural land.
“Agricultural alcohol production” includes the use of an area to:
provide tastings of alcoholic beverages; or
accommodate the license holder’s customers.
A local jurisdiction may adopt the definition of “agricultural alcohol production” as defined in this section by local ordinance, resolution, law, or rule.
In this section the following words have the meanings indicated.
“Integrated vegetation management” means:
the use of a scientifically established combination of nonchemical methods for creating and maintaining a stable low–growing plant community, including manual, mechanical, or biological means of removal or suppression of any species that is not compatible with that plant community; and
when the methods under item (i) of this paragraph have been exhausted or have been scientifically demonstrated to be ineffective for pollinator–friendly habitats, the use of the least toxic chemical methods available used in a manner that minimizes the use of these chemical methods and the risks to native pollinators and other native wildlife, native plants, human health, and the environment.
“Low–growing plant community” means a collection of plant species that typically appear growing together on landscapes where trees have been:
removed; or
prevented from becoming established due to:
soil and moisture conditions;
natural physical disturbance;
animal herbivory; or
human activity.
“Native plant” means a plant listed as native to the State:
by the Maryland Biodiversity Project; or
in the Maryland Plant Atlas or “Vascular Plants of Maryland, USA: A Comprehensive Account of the State’s Botanical Diversity”, as revised.
“Nonnative invasive plant” means a plant listed in the Center for Invasive Species and Ecosystem Health’s Mid–Atlantic Invaders Tool.
“Pollinator–friendly vegetation management” means landscape management that:
creates habitats for native pollinators and other native wildlife and native plants that together form an interdependent natural community; and
provides food, water, cover, or sites for nesting.
“Pollinator–friendly vegetation management” includes:
employing no–mow methods, such as hand–cutting, pulling plants, and biocontrols to minimize disturbances to habitats;
employing rotational mowing cycles:
to promote the availability of standing vegetation and habitat; and
under which not more than half of a utility–designated pollinator area is mowed during a single fall and winter season;
using integrated vegetation management to maintain low–growing plant communities by controlling plant species, such as trees and nonnative invasive plants, in a manner that reduces the need to mow and minimizes the risk to native pollinators and other native wildlife, native plants, human health, and the environment; and
using scientifically accepted approaches for the protection of the State’s rare, threatened, or endangered plant and wildlife species.
“Public service company” has the meaning stated in § 1–101 of the Public Utilities Article.
“Unreasonable limitation on pollinator–friendly vegetation management” includes a limitation that:
significantly increases the cost of pollinator–friendly vegetation management;
significantly decreases the efficacy of pollinator–friendly vegetation management; or
requires cultivated vegetation to consist wholly or partly of turf grass.
“Utility–designated pollinator area” means property, including any right–of–way or easement:
that is maintained by a public service company;
for which the public service company has exclusive maintenance rights; and
that is voluntarily identified by the public service company as an area that will be maintained with pollinator–friendly vegetation management to support pollinators.
This section:
does not apply to a limitation imposed by a local jurisdiction on pollinator–friendly vegetation management performed or overseen by a public service company on its property, including a right–of–way or an easement, located on or below:
a trail overlap;
a park overlap; or
active farmland; and
may not be construed to:
prohibit a local jurisdiction from imposing a land use restriction on the type, number, or location of pollinator–friendly vegetation management features that pertain to:
the safe and dependable delivery of energy products; or
human health and safety; or
limit or restrict mowing outside of a utility–designated pollinator area.
A local jurisdiction may not impose any unreasonable limitation, including a land use restriction, on a utility–designated pollinator area maintained by a public service company, if:
the utility–designated pollinator area is subject to a Candidate Conservation Agreement between the U.S. Fish and Wildlife Service and the public service company; or
the public service company maintains and regularly tends to the utility–designated pollinator area by performing or overseeing pollinator–friendly vegetation management in accordance with subsection (d) of this section.
A public service company that chooses to perform or oversee pollinator–friendly vegetation management in a utility–designated pollinator area shall, as part of its pollinator–friendly vegetation management, mow the utility–designated pollinator area:
only from November 1 through March 31, inclusive, and not more than once every other year; or
only from October 1 through April 30, inclusive, and not more than once every other year if the utility–designated pollinator area is located in the Appalachian Plateau province or the Ridge and Valley province as defined by the Maryland Geological Survey.
In this section the following words have the meanings indicated.
“Family child care home” has the meaning stated in § 9.5–301 of the Education Article.
“Large family child care home” has the meaning stated in § 9.5–301 of the Education Article.
A local jurisdiction may not, by local ordinance, resolution, law, or rule, limit the number of children for which a family child care home or large family child care home provides family child care to below the number authorized by the State Department of Education.
In this section the following words have the meanings indicated.
“Central natural area” means an area within the Patuxent Research Refuge or the Beltsville Agricultural Research Center that provides habitat for native flora and fauna, including forests, woodlands, wetlands, meadows, and early successional grasslands and shrublands.
“Local zoning authority” means:
for land located in Anne Arundel County, the Anne Arundel County Council or other body with authority to designate zoning classifications; or
for land located in the Maryland–Washington Regional District established under Title 20, Subtitle 1 of this article, a district council, as defined in § 14–101 of this article.
Any federally owned land that is part of the property known as the Patuxent Research Refuge shall be designated and maintained in a zoning classification that restricts the uses to open space, reserved open space, or other resource conservation uses.
If the federal government or any assignee sells, leases, licenses, or otherwise encumbers any portion of land that is part of the property known as the Patuxent Research Refuge, the local zoning authority shall continue a zoning classification for that property that:
restricts the uses to open space, reserved open space, or other resource conservation uses; and
does not permit commercial, industrial, or residential uses.
A central natural area in the property known as the Patuxent Research Refuge may not be converted to be used for agriculture, active recreation, forestry, or other plant harvesting.
Prior to any development on land in the property known as the Patuxent Research Refuge, the local zoning authority shall:
hold a public hearing; and
make a final decision, in consultation with the Maryland Department of Natural Resources and the Maryland Department of the Environment, that the proposed development will not have a substantial impact on any land in a central natural area.