|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1261
|
|
|
|
|
HARRY HUGHES, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(B) IT HAS BEEN AND SHALL CONTINUE TO BE THE POLICY OF THIS
STATE THAT PLANNING AND ZONING CONTROLS SHALL BE IMPLEMENTED BY
LOCAL GOVERNMENT.
(C) TO ACHIEVE THE PUBLIC PURPOSES OF THIS REGULATORY
SCHEME, THE GENERAL ASSEMBLY RECOGNIZES THAT LOCAL GOVERNMENT
ACTION WILL LIMIT FREE BUSINESS ENTERPRISE AND DISPLACE OR LIMIT
ECONOMIC COMPETITION BY OWNERS AND USERS OF PROPERTY.
(D) 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.
(E) THE POWERS GRANTED TO THE COMMISSION AND DISTRICT
COUNCILS PURSUANT TO THIS SECTION SHALL NOT BE CONSTRUED:
(1) TO GRANT TO THE COMMISSION AND DISTRICT COUNCILS
POWERS IN ANY SUBSTANTIVE AREA NOT OTHERWISE GRANTED TO THE
COMMISSION AND DISTRICT COUNCILS BY OTHER PUBLIC GENERAL OR
PUBLIC LOCAL LAW;
(2) TO RESTRICT THE COMMISSION AND DISTRICT COUNCILS
FROM EXERCISING ANY POWER GRANTED TO THE COMMISSION AND DISTRICT
COUNCILS BY OTHER PUBLIC GENERAL OR PUBLIC LOCAL LAW OR
OTHERWISE; NOR
(3) TO AUTHORIZE THE COMMISSION AND DISTRICT COUNCILS
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.
|
|
|
|
|
|
|
|
|
|
SECTION 2. AND BE IT FURTHER ENACTED, That if any provision
of this Act or the application thereof to any person or
circumstance is held invalid for any reason, the invalidity shall
not affect the other provisions or any other application of this
Act which can be given effect without the invalid provisions or
application, and to this end all the provisions of this Act are
declared to be severable.
|
|
|
|
|
|
|
|
|
|
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
Approved May 24, 1983.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
