1. (a)
   General.

   1. (1)
      An incorporated municipality may enact an ordinance which sets forth procedural regulations governing any or all of the following: departures from design and landscaping standards, parking and loading standards, sign design standards, and variances for lot size, setback, and similar requirements for land within the corporate boundaries of the municipality, alternative compliance from landscaping requirements, certification, revocation, and revision of nonconforming uses, and minor changes to approved special exceptions.
   2. (2)
      In exercising authority in a revitalization overlay zone with respect to departures from design and landscaping standards, parking and loading standards, sign design standards, and variances for lot size, setback, and similar requirements, the municipality may not impose any standard or requirement stricter than those standards or requirements set forth in this Subtitle. In all other cases, the municipality may not impose any standard or requirement different from those standards or requirements set forth in this Subtitle.
   3. (3)
      Notwithstanding any other law, the legislative body of a municipal corporation, by local law, may authorize the erection of a fence that exceeds the height restrictions or limitations otherwise required by State, Regional, or County zoning laws or agencies exercising zoning and planning jurisdiction over the municipal corporation.
   4. (4)
      The procedural regulations adopted by the municipality shall be set forth in a municipal ordinance.
   5. (5)
      (A) (i) A municipal ordinance enacted under this Section shall allow for an appeal to the Circuit Court as provided under Subparagraph (B). The municipal ordinance shall provide that before exercising the right of appeal under Subparagraph (B), a party of record shall first appeal an action of the governing body of a municipal corporation under this section to the District Council for review on the record if the action concerns certification, revocation and revision of nonconforming uses.

2. (ii)
   On review, the district council may:

   1. 1.
      By majority vote of its members, approve the action of the municipal corporation; or
   2. 2.
      By a vote of at least six of its members, approve with conditions or overrule the action of the municipal corporation.
3. (iii)
   A person aggrieved by the action of the District Council under this paragraph may appeal to the Circuit Court.
4. (iv)
   For purposes of an appeal to the circuit court under subparagraph (iii) of this paragraph, the municipal corporation whose action is affected by the action of the District Council shall be considered an aggrieved person.

   1.  
      2. (B)
         The municipal ordinance shall further provide that any person aggrieved by its decision who was a party to the proceeding before it may appeal to the Circuit Court which shall have the power to affirm the decision of the municipality or, if the decision is not in accordance with law, to remand the matter or to modify or reverse the decision
5.  
   3. (6)
      The municipal ordinance shall not apply to any variance requests over which the District Council has retained jurisdiction pursuant to Section 27-239.03 of the Code.

2. (b)
   Procedures.

   1. (1)
      Prior to adopting the ordinance, the municipality shall hold a duly advertised public hearing.
   2. (2)
      The District Council shall hold a public hearing on the proposed municipal ordinance within sixty (60) days of its receipt. Notice of the time, date and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least fourteen (14) days prior to the hearing date.
   3. (3)
      Failure of the District Council to adopt the municipal ordinance shall be considered a disapproval thereof.
   4. (4)
      The provisions of the Zoning Ordinance shall continue to apply within the municipality unless and until the District Council approves the proposed municipal ordinance.

3. (c)
   After the municipal ordinance is approved by the District Council, the municipality retains the right to elect not to exercise the power to approve variances and departures if it provides 60 days' notice of its intent to do so to the Clerk of the County Council and to the residents of the municipality. If the municipality chooses not to retain such powers, the provisions of the Zoning Ordinance will automatically apply within the municipality.

(CB-33-1998; CB-109-1998; CB-16-2010; CB-1-2011; CB-1-2019)

Effective on: 1/1/1901

1. (a)
   The District Council, having provided a public hearing and fully considered Ordinance Number 0-24-98 of the City of Bowie adopted on October 19, 1998, hereby approves the Ordinance in accordance with Section 27-924 of the Code.

(CB-109-1998)

2. (b)
   The District Council, having provided a public hearing and fully considered Ordinance Number 1173 of the City of Greenbelt adopted on October 26, 1998, hereby approves the Ordinance in accordance with Section 27-924 of the Code.

(CB-109-1998)

Effective on: 1/1/1901

A Revitalization Overlay District is intended to insure the orderly development or redevelopment of land within areas designated as in need of revitalization or redevelopment. A Revitalization Overlay District is superimposed over other zones in a designated area and may modify certain requirements for development within those underlying zones.

(CB-116-1993)

Effective on: 1/1/1901

1. (a)
   The specific purposes of a Revitalization Overlay District are:

   1. (1)
      To promote the development and redevelopment of communities which have experienced economical or physical decline;
   2. (2)
      To create a process whereby the governing body of incorporated municipalities may exercise the powers to approve departures from design and landscaping standards, parking and loading standards, sign design standards, and variances for lot size, setback, or similar requirements;
   3. (3)
      To create a process which overcomes deficiencies in current zoning processes within areas targeted for revitalization and removes obstacles which hinder development or redevelopment;
   4. (4)
      To create a process which would promote community and economic revitalization by encouraging appropriate development within the District; and
   5. (5)
      To encourage uses which complement and enhance the character of the area.

(CB-116-1993)

Effective on: 1/1/1901

A Revitalization Overlay District shall be placed over other zones on the Zoning Map.

(CB-116-1993)

Effective on: 1/1/1901

The uses allowed on a lot in a Revitalization Overlay District shall be the same as those allowed in the underlying zone in which the lot is classified.

(CB-116-1993)

Effective on: 1/1/1901

This Division contains the procedures for classifying property in a Revitalization Overlay District.

(CB-116-1993)

Effective on: 1/1/1901

1. (a)
   The District Council may initiate a Revitalization Overlay District upon its own initiative in an unincorporated area, or upon the request of an incorporated municipality, provided the municipality has forwarded a copy of an adopted municipal ordinance pursuant to the provisions of Division 3.
2. (b)
   After the initiation of a Revitalization Overlay District, the Technical Staff shall immediately proceed to prepare a proposal containing the boundaries of the Revitalization Overlay District and a written justification describing how the proposed boundaries comply with the purposes and required findings for a Revitalization Overlay District.
3. (c)
   Public hearing.

   1. (1)
      The District Council shall hold a public hearing on the proposed Revitalization Overlay District within sixty (60) days of the release of the Technical Staff report and receipt of the municipal ordinance, if applicable. Notice of the date, time, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least thirty (30) days prior to the hearing date. In addition, written notice of the date, time, and place of the hearing shall be sent by first class mail to all civic, condominium, or homeowner associations within the proposed District which are listed in the "Directory of Organizations" published by the County Memorial Library System, if the boundaries of the proposed District lie within an unincorporated area; to all owners of land within a proposed District; and to any municipality lying, wholly or in part, within the proposed boundary.
4. (d)
   Time for final action.

   1. (1)
      The Council shall take final action on the District at any time within thirty (30) days after the final public hearing. If no final action is taken within this time period, the Revitalization Overlay District shall be deemed disapproved.
5. (e)
   Voting requirements.

   1. (1)
      The approval of a Revitalization Overlay District shall be by Ordinance.
6. (f)
   Required findings.

   1. (1)
      Prior to approving a Revitalization Overlay District, the Council shall make the following findings:

      1. (A)
         Property within the District will benefit from its establishment;
      2. (B)
         Strict adherence to the current requirements of the Zoning Ordinance will cause undue hardship or practical difficulty for many of the properties located within the District;
      3. (C)
         The boundary of the Revitalization Overlay District is continuous;
      4. (D)
         The area within a Revitalization Overlay District is older, more densely populated and was substantially developed prior to November of 1949;
      5. (E)
         The governing body of the affected municipality has adopted an ordinance (subject to the approval of the District Council) defining the boundaries of the District and stating the procedures by which the municipality shall exercise the powers of the District Council in regard to any or all of the following: approval of departures from design and landscaping standards, parking and loading standards, sign design standards, and variances for lot size, setback, or similar requirements.
7. (g)
   Notice of approval.

   1. (1)
      Notice of approval of a Revitalization Overlay District shall be published by the Clerk of the Council at least one (1) time in the County newspapers of record, and shall be sent to the Planning Board, all owners of land, and any municipality lying, wholly or in part, within the boundaries of the Revitalization Overlay District.

(CB-116-1993)

Effective on: 1/1/1901

1. (a)
   General.

   1. (1)
      An incorporated municipality may enact an ordinance which defines the boundaries of the District and sets forth procedural regulations governing any or all of the following: departures from design and landscaping standards, parking and loading standards, sign design standards, and variances for lot size, setback, and similar requirements for that portion of a Revitalization Overlay District which lies within its boundaries.
   2. (2)
      The municipality may not impose any standard or requirement stricter than those standards or requirements set forth in the Zoning Ordinance.
   3. (3)
      The procedural regulations adopted by the municipality shall be set forth in a municipal ordinance.
   4. (4)
      The municipal ordinance shall provide that any person aggrieved by its decision, who was a party to the proceeding before it, may appeal to the circuit court which shall have the power to affirm the decision of the municipality or, if the decision is not in accordance with law, to remand the matter or to modify or reverse the decision.
2. (b)
   Procedures.

   1. (1)
      Prior to adopting the ordinance, the municipality shall hold a duly advertised public hearing.
   2. (2)
      The District Council shall hold a public hearing on the proposed municipal ordinance within sixty (60) days of its receipt. Notice of the time, date, and place of the hearing shall be published at least one (1) time in the County newspapers of record, at least fourteen (14) days prior to the hearing date.
   3. (3)
      Failure of the District Council to adopt the municipal ordinance shall be considered a disapproval thereof.
   4. (4)
      The provisions of the Zoning Ordinance shall continue to apply within the municipality unless and until the District Council approves the proposed municipal ordinance.
3. (c)
   After the municipal ordinance is approved by the District Council, the municipality retains the right to elect not to exercise the power to approve variances and departures if it provides 60 days' notice of its intent to do so to the Clerk of the County Council and to the residents of the municipality. If the municipality chooses not to retain such powers, the provisions of the Zoning Ordinance will automatically apply within the municipality.

(CB-116-1993)

Editor's note(s)—The Revitalization Overlay District for the City of College Park was approved by District Council Zoning Ordinance No. 3-1997.

Effective on: 1/1/1901

1. (a)
   The Planning Board may grant appeals involving variances from the Zoning Ordinance for property lying within any portion of a Revitalization Overlay Zone which is not within the boundaries of an incorporated municipality.
2. (b)
   Any person aggrieved by the Planning Board's decision, who was a party to the proceeding before it, may appeal to the circuit court which shall have the power to affirm the decision of the Planning Board or, if the decision is not in accordance with law, to modify or reverse the decision.

(CB-116-1993)

Effective on: 1/1/1901