2013 Maryland Code
STATE GOVERNMENT
§ 15-853 - Definitions [Effective until October 1, 2013].

§15-853.

(a) In this part the following words have the meanings indicated.

(b) “Aggrieved party” means:

(1) a property owner whose property:

(i) adjoins, fronts, or is located near the subject property; or

(ii) is located within sight or sound of the subject property; or

(2) an individual located within the same subdivision as the subject property or who lives up to three-quarters of a mile by road or otherwise one-half mile away from the subject property.

(c) (1) “Applicant” means a person that is:

(i) a title owner or contract purchaser of land that is the subject of an application;

(ii) a trustee who has an interest in land that is the subject of an application, excluding trustees described in a mortgage or deed of trust; or

(iii) a holder of at least a 10% interest in land that is the subject of an application.

(2) “Applicant” includes a person that is an officer or director of a corporation that actually holds title to the land or is a contract purchaser of the land that is the subject of an application.

(3) “Applicant” does not include:

(i) a financial institution that has loaned money or extended financing for the acquisition, development, or construction of or improvements on the land that is the subject of an application;

(ii) a municipal or public corporation;

(iii) a public authority;

(iv) an electric company or electric supplier applying for a certificate of public convenience and necessity under § 7-207 or § 7-208 of the Public Utilities Article; or

(v) a person that is hired or retained as an accountant, attorney, architect, engineer, land use consultant, economic consultant, real estate agent, real estate broker, traffic consultant, or traffic engineer.

(d) “Application” means:

(1) an application for a zoning map amendment as part of a piecemeal or floating zone rezoning proceeding;

(2) a formal application for a comprehensive map planning change or zoning change during the county comprehensive land use plan update;

(3) an application for a map amendment to the county water and sewerage plan;

(4) a request made under Article 23A, § 9(c) of the Code for the Board to approve the placement of annexed land in a zoning classification that allows a land use that is substantially different from the use for the land authorized in the zoning classification of the county applicable at the time of annexation; or

(5) an application to create a district or easement or other interest in real property as part of an agricultural land preservation program.

(e) “Board” means the Board of County Commissioners for Frederick County.

(f) “Board member” includes an individual elected or appointed to the Board or a candidate who takes the oath of office for the Board.

(g) “Business entity” means:

(1) a sole proprietorship;

(2) a corporation;

(3) a partnership; or

(4) a limited liability company.

(h) “Candidate” means a candidate for the Board who becomes a member of the Board.

(i) “Contribution” means a payment or transfer of money or property worth at least $100, calculated cumulatively during the pendency of the application, to a candidate or a treasurer or political committee of a candidate.

(j) “Partnership” includes a general partnership, a limited liability partnership, a limited partnership, a limited liability limited partnership, or a joint venture.

(k) “Party of record” means a person that participated in a proceeding on an application before the Board by appearing at a public hearing or filing a statement in an official record.

(l) “Pendency of the application” means any time between the acceptance by the County Department of Planning and Zoning of a filing of an application and the earlier of:

(1) 2 years; or

(2) the expiration of 30 days after:

(i) the Board has taken final action on the application; or

(ii) the application is withdrawn.

(m) “Political committee” means a committee specifically created to promote the candidacy of a Board member who is running for an elective office.

(n) “Treasurer” has the meaning stated in § 1-101 of the Election Law Article.

§ 15-853 - Definitions [Effective October 1, 2013].

(a) In general. -- In this part the following words have the meanings indicated.

(b) Aggrieved party. -- "Aggrieved party" means:

(1) a property owner whose property:

(i) adjoins, fronts, or is located near the subject property; or

(ii) is located within sight or sound of the subject property; or

(2) an individual located within the same subdivision as the subject property or who lives up to three-quarters of a mile by road or otherwise one-half mile away from the subject property.

(c) Applicant. --

(1) "Applicant" means a person that is:

(i) a title owner or contract purchaser of land that is the subject of an application;

(ii) a trustee who has an interest in land that is the subject of an application, excluding trustees described in a mortgage or deed of trust; or

(iii) a holder of at least a 10% interest in land that is the subject of an application.

(2) "Applicant" includes a person that is an officer or director of a corporation that actually holds title to the land or is a contract purchaser of the land that is the subject of an application.

(3) "Applicant" does not include:

(i) a financial institution that has loaned money or extended financing for the acquisition, development, or construction of or improvements on the land that is the subject of an application;

(ii) a municipal or public corporation;

(iii) a public authority;

(iv) an electric company or electric supplier applying for a certificate of public convenience and necessity under § 7-207 or § 7-208 of the Public Utilities Article; or

(v) a person that is hired or retained as an accountant, attorney, architect, engineer, land use consultant, economic consultant, real estate agent, real estate broker, traffic consultant, or traffic engineer.

(d) Application. -- "Application" means:

(1) an application for a zoning map amendment as part of a piecemeal or floating zone rezoning proceeding;

(2) a formal application for a comprehensive map planning change or zoning change during the county comprehensive land use plan update;

(3) an application for a map amendment to the county water and sewerage plan;

(4) a request made under § 4-416 of the Local Government Article for the Board to approve the placement of annexed land in a zoning classification that allows a land use that is substantially different from the use for the land authorized in the zoning classification of the county applicable at the time of annexation; or

(5) an application to create a district or easement or other interest in real property as part of an agricultural land preservation program.

(e) Board. -- "Board" means the Board of County Commissioners for Frederick County.

(f) Board member. -- "Board member" includes an individual elected or appointed to the Board or a candidate who takes the oath of office for the Board.

(g) Business entity. -- "Business entity" means:

(1) a sole proprietorship;

(2) a corporation;

(3) a partnership; or

(4) a limited liability company.

(h) Candidate. -- "Candidate" means a candidate for the Board who becomes a member of the Board.

(i) Contribution. -- "Contribution" means a payment or transfer of money or property worth at least $ 100, calculated cumulatively during the pendency of the application, to a candidate or a treasurer or political committee of a candidate.

(j) Partnership. -- "Partnership" includes a general partnership, a limited liability partnership, a limited partnership, a limited liability limited partnership, or a joint venture.

(k) Party of record. -- "Party of record" means a person that participated in a proceeding on an application before the Board by appearing at a public hearing or filing a statement in an official record.

(l) Pendency of the application. -- "Pendency of the application" means any time between the acceptance by the County Department of Planning and Zoning of a filing of an application and the earlier of:

(1) 2 years; or

(2) the expiration of 30 days after:

(i) the Board has taken final action on the application; or

(ii) the application is withdrawn.

(m) Political committee. -- "Political committee" means a committee specifically created to promote the candidacy of a Board member who is running for an elective office.

(n) Treasurer. -- "Treasurer" has the meaning stated in § 1-101 of the Election Law Article.