Appendix B. EXCERPTS FROM ARTICLE 25A, ANNOTATED CODE OF MARYLAND, 1957

 

Express Powers

§ 5. Enumeration.

The following enumerated express powers are granted to and conferred upon any county or counties which hereafter form a charter under the provisions of Article XI-A of the Constitution, that is to say:

(A) Local Legislation

(1)

To enact local laws for the county, including the power to repeal or amend local laws of the county enacted by the General Assembly upon the matters covered by the express powers in this article.

(2)

To provide for the enforcement of all ordinances, resolutions, bylaws and regulations adopted under the authority of this article...

(U) County Board of Appeals

To enact local laws providing (1) for the establishment of a county board of appeals whose members shall be appointed by the county council; (2) for the number, qualifications, terms, and compensation of the members; (3) for the adoption by the board of rules of practice governing its proceedings; and (4) for the decision by the board on petition by any interested person and after notice and opportunity for hearing and on the basis of the record before the board, of such of the following matters arising (either originally or on review of the action of an administrative officer or agency) under any law, ordinance, or regulation of, or subject to amendment or repeal by, the county council, as shall be specified from time to time by such local laws enacted under this subsection: An application for a zoning variation or exception or amendment of a zoning ordinance map; the issuance, renewal, denial, revocation, suspension, annulment, or modification of any license, permit, approval, exemption, waiver, certificate, registration, or other form of permission or of any adjudicatory order; and the assessment of any special benefit tax: Provided, that upon any decision by a county board of appeals it shall file an opinion which shall include a statement of the facts found and the grounds for its decision. Any person aggrieved by the decision of the board and a party to the proceeding before it may appeal to the circuit court for the county which shall have power to affirm the decision of the board, or if such decision is not in accordance with law, to modify or reverse such decision, with or without remanding the case for rehearing as justice may require. Any party to the proceeding in the circuit court aggrieved by the decision of the court may appeal from the decision to the Court of Special Appeals in the same manner as provided for in civil cases.

(X) Planning and Zoning

(1)(i)

To enact local laws, for the protection and promotion of public safety, health, morals, and welfare, relating to zoning and planning, including:

1.

The power to provide for the right of appeal of any matter arising under such planning and zoning laws to the circuit court, except as is provided in § 5(U) of this article. Any decision of the circuit court may be appealed to the Court of Special Appeals; and

2.

The power to establish a program for the transfer of development rights.

(ii)

To provide by ordinance that a violation of a zoning law or regulation enacted under this section may be a civil zoning violation. The violation shall be enforced as provided in Article 66B, § 7.02 (c) of the Code.

(2)(i)

It has been and shall continue to be the policy of this State that the orderly development and use of land and structures requires comprehensive regulation through implementation of planning and zoning controls.

(ii)

It has been and shall continue to be the policy of this State that planning and zoning controls shall be implemented by local government.

(iii)

To achieve the public purposes of this regulatory scheme, the General Assembly recognizes that local government action will displace or limit economic competition by owners and users of property.

(iv)

It is the policy of the General Assembly and of this State that competition and enterprise shall be so displaced or limited for the attainment of the purposes of the State policy for implementing planning and zoning controls as set forth in this article and elsewhere in the public local and public general law.

(v)

The powers granted to the county pursuant to this paragraph shall not be construed:

1.

To grant to the county powers in any substantive area not otherwise granted to the county by other public general or public local law;

2.

To restrict the county from exercising any power granted to the county by other public general or public local law or otherwise;

3.

To authorize the county or its officers to engage in any activity which is beyond their power under other public general law, public local law, or otherwise; or

4.

To preempt or supersede the regulatory authority of any State department or agency under any public general law.

(BB) Historic and Landmark Zoning and Preservation

To enact laws generally for historic and landmark zoning and preservation or to enact those laws in accordance with the provisions of Article 66B, § 8.01 et seq., or to enact such laws to be administered generally by an Historic District Commission and to provide for appeals. The authority conferred by this subsection shall be in addition to any existing charter provisions or local law providing for planning and zoning.