Maryland Maryland-National Capital Park and Planning Commission Section 8-104

      (a)      (1)      After duly advertised public hearing each district council from time to time may amend its regulations or any regulation, including the maps or any map, in accordance with procedures established in the respective zoning ordinances. The procedures and ordinances may include, but not be limited to: (i) procedures limiting the times during which amendments may be adopted; (ii) provisions for hearings and preliminary determinations by an examiner, board or other agency; (iii) procedures for quorums, number of votes required to enact amendments and variations or increases therein based upon such factors as master plans, recommendations of the hearing examiner, planning board, municipality, or other body, and petitions of abutting property owners, and the evidentiary value which may be accorded to any or all of these; and (iv) procedures for hearing, notice, costs, and fees, amendment of applications, stenographic records, reverter, lapse, and reconsideration de novo of undeveloped zoning amendments. The existing provisions of the Regional District Law and of the ordinances enacted by the respective district councils relating to the aforegoing matters shall remain in full force and effect unless or until specifically superseded or amended in accordance with the power and authority granted herein, but no such amendment may be made by a district council, in a year in which the council is elected, after the 31st day of October and until the newly elected council is duly qualified and has taken office.

            (2)      In Montgomery County all applications which seek a zoning classification, either euclidean or floating, other than that which is indicated to be appropriate or suitable in the text or on the land use map of an adopted master plan, approved by the district council, under the provisions of § 7-108(e) of this article, shall be granted only by the affirmative vote of 6 members of the district council. If the application for reclassification is recommended for approval by the Commission or if the application is for a zoning classification created after the approval of the master plan by the council, then an affirmative vote of 5 members of the district council is required to grant the application or applications. In all other cases, an application may not be granted except by affirmative vote of at least 5 members of the district council.

            (3)      In Prince George's County the district council shall require:

                  (i)      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;

                  (ii)      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 within the municipal boundaries; and

                  (iii)      A two-thirds vote of all members of the district council and a four-fifths vote of all members of the 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 within the municipal boundaries.

      (b)      Before any map amendment is passed it shall be submitted to the appropriate planning board and to the governing body of the incorporated municipality in which the land is located, for approval, disapproval, or suggestions.

      Each district council may provide by ordinance procedures to be followed by the planning boards and municipalities in considering zoning map amendments to the extent that these provisions are not in conflict with the provisions of this article.

      (c)      Before the district council of the Maryland-Washington Regional District in Montgomery County and Prince George's County may amend the zoning ordinance of either county by changing the zoning classification of property within any incorporated municipality, the application for the change shall be referred to the governing body of the incorporated municipality for its recommendation, allowing the governing body 60 days in which to make its recommendation. However, a two-thirds majority of all the members of the district council is required before the council may change the zoning classification of property within any incorporated municipality contrary to the recommendation of the municipality. For purposes of this section the term "incorporated municipality" includes any city, town, village, or special taxing area which has an elected local governing body and performs general municipal functions.

      (d)      (1)      In this subsection, "custodian" means the custodian of the records of a zoning map amendment case in Prince George's County.

            (2)      Before the Commission sends a zoning map amendment case to the district council in Prince George's County, the Commission is the custodian of the records of the case. After the Commission sends a zoning map amendment case to the district council in Prince George's County, the district council is the custodian of the records of the case.

            (3)      (i)      Correspondence or documents submitted to a custodian shall be received only in accordance with any applicable statute, ordinance, rule of evidence, or case law.

                  (ii)      All applications for zoning map amendments and all official correspondence and records relating thereto, prepared or received by the custodian, shall be made available to the public during regular business hours of the custodian, but the custodian may publish rules to prevent this access from unreasonably disrupting its official business. However, under any circumstances, copies of technical staff reports shall be available at the office of the custodian for the public.

            (4)      (i)      In Prince George's County, a person 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.

                  (ii)      The purpose of subparagraph (i) is to supplement any present laws, rules, or policies that the custodian follows when making public documents available.

      (e)      (1)      In approving any local map amendment after July 1, 1968, under this section, the district council for Prince George's County may give consideration to and adopt whatever reasonable requirements, safeguards, and conditions as may in its opinion be necessary either to protect surrounding properties from adverse effects which might accrue from the zoning amendment, or which would further enhance the coordinated, harmonious, and systematic development of the regional district. A statement of these conditions shall be included in the resolution granting the amendment and shall become a part thereof, and remain in effect for so long as the property remains zoned in accordance with the resolution and the applicable zoning classification requested. No building permit, use permit, or subdivision plat may be issued or approved for the property except in accordance with conditions set forth in the resolution. The district council may adopt ordinances and regulations necessary to provide adequate notice, public hearings, and enforcement procedures for the implementation of this section.

            (2)      An applicant has 90 days from date of approval to accept or reject the land use classification conditionally approved. Should the applicant expressly reject the amendment as conditionally approved within the 90-day period, the zoning classification shall revert to its prior status.

            (3)      Notwithstanding any other provision of this article no requirements, safeguards or conditions may be imposed by the district council which would require the dedication of land for public use except for roads, streets, alleys, and easements.

            (4)      If any resolution, or any part or condition thereof, passed by the district council pursuant to this subsection is declared illegal, unconstitutional, or in any way invalid by any court of competent jurisdiction, the zoning category applicable to the property rezoned by the resolution shall revert back to the category applicable prior to the passage of the resolution, and the resolution shall be null and void and of no effect whatsoever.

      (f)      In Prince George's County, municipal corporations, as defined in Article 23A, § 9(a), shall have concurrent authority within their boundaries with the Department of Inspections and Permits of Prince George's County to seek compliance with zoning requirements insofar as these requirements pertain to signs. Such municipalities may also enact legislation regulating fences erected in front of the building setback lines on all residential property located within the municipality. Enacted ordinances may not be less restrictive than any ordinance in effect or thereafter enacted by the County Council of Prince George's County.