2013 Maryland Code
LAND USE
§ 4-205 - Administrative adjustments.

§4-205.

(a) 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:

(1) height;

(2) setback;

(3) bulk;

(4) parking;

(5) loading, dimensional, or area; or

(6) similar requirements.

(b) Before developing criteria and procedures for administrative adjustments under this section, the legislative body shall:

(1) consult with the planning commission and the board of appeals; and

(2) provide:

(i) reasonable public notice of the proposed criteria and procedures;

(ii) an opportunity for a public hearing; and

(iii) an opportunity for public review and comment.

(c) The criteria for an administrative adjustment shall include:

(1) standards for actions on requests;

(2) standards for the classes of development that are eligible for an administrative adjustment; and

(3) the maximum variation from a zoning requirement that is allowed under an administrative adjustment.

(d) Procedures for administrative adjustments may address:

(1) applications;

(2) notice to the public and to the parties in interest;

(3) an opportunity for a public hearing;

(4) an opportunity for the taking of testimony and evidence; and

(5) decision making.

(e) A decision on an application for an administrative adjustment shall include written findings of fact and conclusions of law.

(f) 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.

(g) 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.