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PARRIS N. GLENDENING, Governor
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Ch. 426
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(4) STEEP SLOPES; AND
(5) OTHER AREAS IN NEED OF SPECIAL PROTECTION, AS DETERMINED
IN THE PLAN.
DRAFTER'S NOTE: The definition of "sensitive areas" in subsection (i) of this
section is derived without substantive change from former § 3.05(a)(1)(viii)
and (a)(2) of this article.
[(i)] (J) "Special exception" means a grant of a specific use that would not be
appropriate generally or without restriction and shall be based upon a finding that
certain conditions governing special exceptions as detailed in the zoning ordinance
exist, that the use conforms to the plan and is compatible with the existing
neighborhood.
[(j)] (K) (1) "Subdivision" means the division of a lot, tract, or parcel of land
into two or more lots, plats, sites, or other divisions of land for the IMMEDIATE OR
FUTURE [purpose, whether immediate or future, of sale] PURPOSES OF SELLING THE
LAND or of building development.
(2) (I) [Subdivision] "SUBDIVISION" includes [resubdivision and, when]
RESUBDIVISION.
(II) AS appropriate to the context, [relates to] "SUBDIVISION" MAY
INCLUDE EITHER the process of resubdividing or [to] the land or territory
[subdivided] RESUBDIVIDED.
[(k)] (L) "Variance" means a modification only of density, bulk, or area
requirements in the zoning ordinance [where such modification will not be] THAT IS:
(1) NOT contrary to the public [interest and where owing]
INTEREST; AND
(2) [to conditions peculiar to the property, and not the results of
any action taken by the applicant,] SPECIFIED BY THE LOCAL GOVERNING BODY IN A
ZONING ORDINANCE TO AVOID a literal enforcement of the ordinance THAT, BECAUSE
OF CONDITIONS PECULIAR TO THE PROPERTY AND NOT ANY ACTION TAKEN BY THE
APPLICANT, would result in [either, as specified by the local governing body in a
zoning ordinance,] unnecessary hardship or practical difficulty.
1.01. VISIONS.
IN ADDITION TO THE REQUIREMENTS OF § 3.05(C) OF THIS ARTICLE, A
COMMISSION SHALL IMPLEMENT THE FOLLOWING VISIONS THROUGH THE PLAN
DESCRIBED IN § 3.05 OF THIS ARTICLE:
(1) DEVELOPMENT IS CONCENTRATED IN SUITABLE AREAS.
(2) SENSITIVE AREAS ARE PROTECTED.
(3) IN RURAL AREAS, GROWTH IS DIRECTED TO EXISTING POPULATION
CENTERS AND RESOURCE AREAS ARE PROTECTED.
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- 2293 -
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