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Ch. 611 2006 LAWS OF MARYLAND
the members of the planning board then present and participating is required to
override the recommendation of the incorporated municipality.
(II) IN MAKING A DECISION ON A RESIDENTIAL SUBDIVISION OR
RESUBDIVISION APPLICATION, THE RECOMMENDATION OF THE INCORPORATED
MUNICIPALITY SHALL BE GIVEN GREAT WEIGHT.
8-115.1.
(a) Notwithstanding any other law or section of this article to the contrary, the
legislative body of a municipal corporation, as defined in § 8-104(c) of this title, in
Montgomery County may by ordinance or regulation, subject to the provisions of
subsections (b) and (c) of this section, impose an additional or stricter building
requirement than is otherwise required by any State, regional, or county unit that
exercises zoning or planning authority over the municipal corporation, provided such
authority shall be exercised in addition to, but not in lieu of, the State, regional, or
county zoning or planning authority.
(b) A building requirement adopted under this section:
(1) Shall be imposed for the protection of the public health, safety, and
welfare, or for the preservation, improvement, or protection of lands, WATER, and
improvements in the municipal corporation; and
(2) May only regulate the construction, repair, erection, or remodeling of
single-family residential houses, buildings, or other structures on land zoned for
single-family residential use as it relates only to:
(i) Fences, walls, hedges, and similar barriers;
(ii) Signs;
(iii) Residential parking;
(iv) Residential storage; [and]
(v) The location of structures, including setback requirements;
(VI) THE DIMENSIONS OF STRUCTURES, INCLUDING HEIGHT, BULK,
MASSING, AND DESIGN; AND
(VII) LOT COVERAGE, INCLUDING IMPERVIOUS SURFACES.
(c) (1) An ordinance or regulation authorized by this section and enacted by
a municipal corporation shall provide a procedure for a waiver from the strict
application of the building requirements.
(2) Before adopting an ordinance or regulation authorized by this
section, a municipal corporation shall:
(i) Hold a public hearing; and
(ii) At least 30 days before the public hearing, transmit a copy of
the proposed ordinance or regulation to the Montgomery County Council.
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