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PARRIS N. GLENDENING, Governor
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Ch. 427
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3. AN OPPORTUNITY FOR PUBLIC REVIEW AND COMMENT.
(3) THE CRITERIA FOR AN ADMINISTRATIVE ADJUSTMENT SHALL
INCLUDE:
(I) STANDARDS FOR ACTIONS ON REQUESTS;
(II) STANDARDS FOR THE CLASSES OF DEVELOPMENT THAT ARE
ELIGIBLE FOR AN ADMINISTRATIVE ADJUSTMENT; AND
(III) THE MAXIMUM VARIATION FROM A ZONING REQUIREMENT
THAT IS ALLOWED UNDER AN ADMINISTRATIVE ADJUSTMENT.
(4) PROCEDURES FOR ADMINISTRATIVE ADJUSTMENTS MAY INCLUDE:
(I) APPLICATIONS;
(II) NOTICE TO THE PUBLIC AND TO THE PARTIES IN INTEREST;
(III) AN OPPORTUNITY FOR PUBLIC HEARING;
(IV) AN OPPORTUNITY FOR THE TAKING OF TESTIMONY AND
EVIDENCE; AND
(V) DECISION MAKING.
(5) A DECISION ON AN APPLICATION FOR AN ADMINISTRATIVE
ADJUSTMENT SHALL INCLUDE WRITTEN FINDINGS OF FACT.
(6) BY THE ENACTMENT OF AN ORDINANCE OR THE ADOPTION OF A
PROCEDURE, A LOCAL LEGISLATIVE BODY MAY AUTHORIZE THE APPEAL TO THE
BOARD OF APPEALS OF A DECISION TO APPROVE OR DENY AN ADMINISTRATIVE
ADJUSTMENT.
(7) NOTHING IN THIS SUBSECTION IS INTENDED TO AUTHORIZE A
LOCAL GOVERNMENT TO ABROGATE STATE MANDATED CRITICAL AREA OR
SENSITIVE AREA REQUIREMENTS PERMIT AN ADMINISTRATIVE ADJUSTMENT TO
STATE OR LOCAL REQUIREMENTS THAT ARE INTENDED TO PROTECT
ENVIRONMENTALLY SENSITIVE AREAS, SUCH AS STREAMS, SLOPES, WETLANDS,
NATURAL HERITAGE AREAS, OR CRITICAL AREAS.
(E) (1) A LOCAL LEGISLATIVE BODY MAY AUTHORIZE, ON APPLICATION BY A
PROPERTY OWNER, HOW THE USES ALLOWED IN A ZONING CLASSIFICATION ARE TO
BE APPLIED TO A PARTICULAR IMPROVED PROPERTY BY GRANTING AN ADAPTIVE
REUSE.
(2) BEFORE GRANTING AN ADAPTIVE REUSE, THE LOCAL LEGISLATIVE
BODY SHALL DETERMINE MAKE SPECIFIC FINDINGS SUPPORTED BY FACTS IN THE
RECORD THAT:
(I) THE CHANGE IS CONSISTENT WITH THE PLAN FOR THE LOCAL
JURISDICTION;
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- 2383 -
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