Maryland Maryland-National Capital Park and Planning Commission Section 8-112.3

Article - Maryland-National Capital Park and Planning Commission

§ 8-112.3.

      (a)      This section applies to revitalization overlay zones created by the District Council for Prince George's County.

      (b)      (1)      Subject to paragraphs (2) and (3) of this subsection, for any portion of a revitalization overlay zone situated within a municipal corporation, the district council may provide that the governing body of the municipal corporation may exercise the powers of the district council in regard to:

                  (i)      Design standards;

                  (ii)      Parking and loading standards;

                  (iii)      Sign design standards;

                  (iv)      Variances for lot size, setback requirements, and similar requirements; and

                  (v)      Landscaping requirements.

            (2)      When exercising powers delegated to it by the district council, the governing body of a municipal corporation shall be subject to the substantive and procedural requirements and standards established by the district council for a revitalization overlay zone.

            (3)      (i)      When exercising authority delegated under paragraph (1) of this subsection, the governing body of a municipal corporation may not impose any standard or requirement stricter than standards or requirements that would apply had the district council not delegated its authority to the municipal corporation.

                  (ii)      A delegation under paragraph (1) of this subsection may not impede a development that meets requirements set by the district council for the revitalization overlay zone.

      (c)      For any portion of a revitalization overlay zone not within a municipal corporation, the district council may provide that the power to approve departures from parking and loading standards, design standards, and any variance from the zoning ordinance may be exercised by the planning board.

      (d)      Any party to an action of the governing body of a municipal corporation or the planning board under this section shall have the same right of appeal to the circuit court as the party would have if the action had been taken by the district council.



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