Maryland Land Use Section 2.01


Article - Land Use

§ 2.01.

      (a)      (1)      It is the policy of this State that:

                  (i)      The orderly development and use of land and structures requires comprehensive regulation through the implementation of planning and zoning controls; and

                  (ii)      Planning and zoning controls shall be implemented by local government.

            (2)      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 article and elsewhere in the public local and public general laws.

      (b)      To promote the health, security, general welfare, and morals of the community, the Mayor and City Council of Baltimore may regulate and restrict, for trade, industry, residence, or other purposes:

            (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)      The density of population; and

            (6)      The location and use of buildings, signs, structures, and land.

      (c)      The powers granted to the Mayor and City Council of Baltimore under this subtitle do not:

            (1)      Grant to the Mayor and City Council of Baltimore powers in any substantive area not otherwise granted to the Mayor and City Council of Baltimore by any other public general or public local law;

            (2)      Restrict the Mayor and City Council of Baltimore from exercising any power granted to the Mayor and City Council of Baltimore by any other public general or public local law, or otherwise;

            (3)      Authorize the Mayor and City Council of Baltimore or the officers of the City to engage in any activity that is beyond their power under any other public general law, public local law, or otherwise; or

            (4)      Preempt or supersede the regulatory authority of any State department or agency under any public general law.