2013 Maryland Code
LAND USE
§ 22-214 - Conditional zoning.

§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.