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1259
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HARRY HUGHES, Governor
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4. TO PREEMPT OR SUPERSEDE THE REGULATORY
AUTHORITY OF ANY STATE DEPARTMENT OR AGENCY UNDER ANY PUBLIC
GENERAL LAW.
Article 66B - Zoning and Planning
2.01.
(A) For the purpose of promoting the health, security,
general welfare, and morals of the community, the mayor and city
council of Baltimore City are hereby empowered to regulate and
restrict the height, number of stories, and size of buildings and
other structures, the percentage of lot that may be occupied,
off-street parking, the size of yards, courts, and other open
spaces, the density of population, and the location and use of
buildings, signs, structures, and land for trade, industry,
residence, or other purposes.
(B) (1) 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.
(2) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY
OF THIS STATE THAT PLANNING AND ZONING CONTROLS SHALL BE
IMPLEMENTED BY LOCAL GOVERNMENT.
(3) TO ACHIEVE THE PUBLIC PURPOSES OF THIS REGULATORY
SCHEME, THE GENERAL ASSEMBLY RECOGNIZES THAT LOCAL GOVERNMENT
ACTION WILL LIMIT FREE BUSINESS ENTERPRISE AND COMPETITION BY
OWNERS AND USERS OF PROPERTY.
(4) IT IS THE POLICY OF THE GENERAL ASSEMBLY AND OF
THIS STATE THAT COMPETITION AND ENTERPRISE SHALL BE SO 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.
(5) THE POWERS GRANTED TO THE MAYOR AND CITY COUNCIL
OF BALTIMORE CITY PURSUANT TO THIS SUBSECTION SHALL NOT BE
CONSTRUED:
(I) TO GRANT TO THE MAYOR AND CITY COUNCIL
POWERS IN ANY SUBSTANTIVE AREA NOT OTHERWISE GRANTED TO THE MAYOR
AND CITY COUNCIL BY OTHER PUBLIC GENERAL OR PUBLIC LOCAL LAW;
(II) TO RESTRICT THE MAYOR AND CITY COUNCIL
FROM EXERCISING ANY POWER GRANTED TO THE MAYOR AND CITY COUNCIL
BY OTHER PUBLIC GENERAL OR PUBLIC LOCAL LAW OR OTHERWISE;
(III) TO AUTHORIZE THE MAYOR AND CITY COUNCIL
OR ITS OFFICERS TO ENGAGE IN ANY ACTIVITY WHICH IS BEYOND THEIR
POWER UNDER OTHER PUBLIC GENERAL LAW, PUBLIC LOCAL LAW, OR
OTHERWISE; OR
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