PARRIS N. GLENDENING, Governor

Ch. 562

[(j))] (K) "Variance" means a modification only of density, bulk, or area
requirements in the zoning ordinance where such modification will not be contrary to the
public interest and where owing to conditions peculiar to the property, and not the results
of any action taken by the applicant, a literal enforcement of the ordinance would result
in either, as specified by the local governing body in a zoning ordinance, unnecessary
hardship or practical difficulty.

7.03.

(A)     Except as provided in §§ 3.05(a)(l)(v), (vi), and (viii), (4), and (b), 3.06(b) and
(c), 4.09, 5.03(e), 7.01(c), 10.01, 11.01, [and] 12.01, AND 13.01 of this article, AND
SUBJECT TO SUBSECTION (B) OF THIS SECTION, this article does not apply to the
chartered counties of Maryland. This section supersedes § 7.02 of this article and any
inconsistent provision of Article 28 of the Code.

(B)     SECTION 13.01 OF THIS ARTICLE DOES NOT APPLY TO MONTGOMERY
COUNTY OR PRINCE GEORGE'S COUNTY.

SUBTITLE 13. DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENTS.
13.01.

(A)     (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)     "AGREEMENT"        MEANS        DEVELOPMENT        RIGHTS        AND
RESPONSIBILITIES AGREEMENT.

(3)     "COMMISSION" MEANS A PLANNING AND ZONING COMMISSION OR
SIMILAR BODY.

(4)     "GOVERNING BODY" MEANS THE LOCAL LEGISLATIVE BODY, THE
LOCAL EXECUTIVE, OR OTHER ELECTED GOVERNMENTAL BODY THAT HAS ZONING
POWERS UNDER THIS ARTICLE.

(5)     "PUBLIC PRINCIPAL" MEANS THE GOVERNMENTAL ENTITY OF A
JURISDICTION THAT HAS BEEN GRANTED THE AUTHORITY TO ENTER AGREEMENTS
UNDER SUBSECTION (B)(1) OF THIS SECTION.

(B)     (1) SUBJECT TO SUBSECTIONS (C) THROUGH (L) OF THIS SECTION, THE
GOVERNING BODY OF A JURISDICTION MAY:

(I)      BY ORDINANCE, ESTABLISH PROCEDURES AND
REQUIREMENTS FOR THE CONSIDERATION AND EXECUTION OF AGREEMENTS; AND

(II)     DELEGATE ALL OR PART OF THE AUTHORITY ESTABLISHED
UNDER THE ORDINANCE TO A PUBLIC PRINCIPAL WITHIN THE JURISDICTION OF
THE GOVERNING BODY.

(2) THE PUBLIC PRINCIPAL MAY:

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