§ 1-101. Definitions

   (a) In general. -- In this division the following words have the meanings indicated.

** REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 66B, § 1.00(a).

** REVISOR'S NOTE
 
   In this subsection and throughout this division, the references to "this division" are substituted for the former references to "this article" to reflect the reorganization of material derived from former Article 66B in Division I of this article. See General Revisor's Note to article.

** REVISOR'S NOTE
 
   The former phrase "except where the context clearly indicates otherwise" is deleted as implicit.

(b) Adaptive reuse. -- "Adaptive reuse" means a change granted by a legislative body under § 4-207 of this article to the use restrictions in a zoning classification, as those restrictions are applied to a particular improved property.

** REVISOR'S NOTE
 
   This subsection formerly was Art. 66B, § 1.00(b).

** REVISOR'S NOTE
 
   The only changes are in style.

** DEFINED TERM:
 

   "Legislative body"                                                   § 1-101

**

(c) Charter county. -- "Charter county" means a county that has adopted charter home rule under Article XI-A of the Maryland Constitution.

REVISOR'S NOTE
 
   This subsection is new language added to indicate a county that has adopted charter home rule.

"County"                                                                § 1-101

**

(d) Code county. -- "Code county" means a county that has adopted code home rule under Article XI-F of the Maryland Constitution.

REVISOR'S NOTE
 
   This subsection is new language added to indicate a county that has adopted code home rule.

"County"                                                                § 1-101

**

(e) County. -- "County" means a county of the State or Baltimore City.

REVISOR'S NOTE
 
   This subsection is new language added to indicate that a reference in this division to a "county" includes Baltimore City unless the reference specifically provides otherwise.

REVISOR'S NOTE
 
   Article 1, § 14(a) provides that "county" includes Baltimore City "unless such construction would be unreasonable". Because the word "unreasonable" has been interpreted in various ways, the Land Use Article Review Committee decided that an explicit definition of "county" should be included in this division.

REVISOR'S NOTE
 
   The term conforms to the same term defined in many recently revised articles. See, e.g., IN § 1-101(l), PU § 1-101(g), CP § 1-101(d), CR § 1-101(d), PS § 1-101(b), and EC § 1-101(b) and 9-101(b).

REVISOR'S NOTE
 
   See also § 14-101 of this article.

"State"                                                                 § 1-101

**

(f) Development. -- **

   (1) "Development" means an activity that materially affects the existing condition or use of any land or structure. **

   (2) "Development" does not include a normal agricultural activity.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 66B, § 1.00(c). **

(g) Legislative body. -- **

   (1) "Legislative body" means the elected body of a local jurisdiction. **

   (2) "Legislative body" includes: **

      (i) the board of county commissioners; **

      (ii) the county council; and **

      (iii) the governing body of a municipal corporation.

REVISOR'S NOTE
 
   This subsection formerly was Art. 66B, § 1.00(f).

REVISOR'S NOTE
 
   The defined term "legislative body" is substituted for the former defined term "local legislative body" for consistency with terminology used in the anticipated Local Government Article.

REVISOR'S NOTE
 
   In paragraph (1) of this subsection, the defined term "local jurisdiction" is substituted for the former reference to a "political subdivision" for consistency within this division.

REVISOR'S NOTE
 
   The only other changes are in style.

DEFINED TERMS:
 

   "County"                                                             § 1-101
 
   DEFINED TERMS:
 
   "Local jurisdiction"                                                 § 1-101

**

(h) Local executive. -- **

   (1) "Local executive" means the chief executive of a local jurisdiction. **

   (2) "Local executive" includes: **

      (i) the board of county commissioners; **

      (ii) the county executive; **

      (iii) the executive head; and **

      (iv) the mayor.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 66B, § 1.00(e).

REVISOR'S NOTE
 
   In paragraph (1) of this subsection, the defined term "local jurisdiction" is substituted for the former reference to a "political subdivision" for consistency within this division.

REVISOR'S NOTE
 
   The Land Use Article Review Committee notes, for consideration by the General Assembly, that in paragraph (2)(iii) of this subsection, it is unclear whether the term "executive head" would include an official with the power to bind a local jurisdiction, such as the county administrator of Garrett County, or only an elected official. The General Assembly may wish to clarify its intention with regard to the term "executive head", or perhaps redefine the term "local executive" by reference to specific functions rather than titles.

"County"                                                                § 1-101
 
   "Local jurisdiction"                                                 § 1-101

**

(i) Local jurisdiction. -- "Local jurisdiction" means a county or municipal corporation and the territory within which its powers may be exercised.

REVISOR'S NOTE
 
   This subsection formerly was Art. 66B, § 1.00(g).

REVISOR'S NOTE
 
   No changes are made.

DEFINED TERM:
 

   "County"                                                             § 1-101

**

(j) Local law. -- **

   (1) "Local law" means an enactment of the legislative body of a local jurisdiction, whether by ordinance, resolution, or otherwise. **

   (2) "Local law" does not include a public local law.

REVISOR'S NOTE
 
   This subsection is new language added to provide a single term encompassing the various forms of local legislative enactments by which a local jurisdiction may implement provisions of this division.

REVISOR'S NOTE
 
   The Land Use Article Review Committee notes, for consideration by the General Assembly, that this provision is not intended to alter the legislative mechanisms required to implement any portion of this division in any local jurisdiction. See § 1-205 of this title. Neither is the term "local law" defined in this subsection to be confused with the term "public local law", an enactment of the General Assembly that applies to a single county. Cf. Kent Island Defense League v. Queen Anne's Co. Bd. of Elections, 145 Md. App. 684 (2002).

DEFINED TERMS:
 

   "Legislative body"                                                   § 1-101
 
   DEFINED TERMS:
 
   "Local jurisdiction"                                                 § 1-101

**

(k) Person. -- "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, limited liability company, or other entity.

REVISOR'S NOTE
 
   This subsection is new language added to provide an express definition of the term "person".

REVISOR'S NOTE
 
   The term is similar to the same term defined in many recently revised articles. See, e.g., IN § 1-101(dd), PU § 1-101(u), CS § 1-101(l), CP § 1-101(l), PS § 1-101(c), and EC § 1-101(d) and 9-101(d). The reference to a "limited liability company" is added for clarity. No substantive change is intended.

REVISOR'S NOTE
 
   The definition of "person" in this subsection does not include a governmental entity or unit. The Court of Appeals of Maryland has held consistently that the word "person" in a statute generally does not include the State, its agencies, or subdivisions unless an intention to include these entities is made manifest by the legislature. See, e.g., Sillers v. Washington Suburban Sanitary Comm'n, 413 Md. 606, 622-630 (2010). This rule does not apply when there is no impairment of sovereign powers and the provision that uses the term enhances a proprietary interest of the governmental unit. See 89 Op. Att'y Gen. 53, 58 (2004).

REVISOR'S NOTE
 
   See also § 14-101 of this article.

REVISOR'S NOTE
 
   As to the term "personal representative", see Art. 1, § 5. **

(l) Plan. -- **

   (1) "Plan" means the policies, statements, goals, and interrelated plans for private and public land use, transportation, and community facilities documented in texts and maps that constitute the guide for an area's future development. **

   (2) "Plan" includes a general plan, master plan, comprehensive plan, functional plan, or community plan adopted in accordance with Subtitle 4 of this title and Title 3 of this article.

REVISOR'S NOTE
 
   This subsection formerly was Art. 66B, § 1.00(h).

REVISOR'S NOTE
 
   In paragraph (2) of this subsection, the reference to a "functional plan" is added for clarity.

REVISOR'S NOTE
 
   The only other changes are in style.

DEFINED TERM:
 

   "Development"                                                        § 1-101

**

(m) Priority funding area. -- "Priority funding area" has the meaning stated in § 5-7B-02 of the State Finance and Procurement Article.

REVISOR'S NOTE
 
   This subsection formerly was Art. 66B, § 1.02(d)(1), 3.10(a)(3), 10.01(d)(1)(ii), and 11.01(b)(1)(ii).

REVISOR'S NOTE
 
   The only changes are in style. **

(n) Regulation. -- **

   (1) "Regulation" means a rule of general applicability and future effect. **

   (2) "Regulation" includes a map or plan.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 66B, § 1.00(i).

REVISOR'S NOTE
 
   The Land Use Article Review Committee notes, for consideration by the General Assembly, that in paragraph (2) of this subsection, the inclusion of the defined term "plan" in the definition of "regulation" may be construed to make a "comprehensive plan", as that term is included in the definition of "plan" in subsection (l)(2) of this section, a regulatory device rather than a guide.

"Plan"                                                                  § 1-101

**

(o) Sensitive area. -- "Sensitive area" includes: **

   (1) a stream or wetland, and its buffers; **

   (2) a 100-year flood plain; **

   (3) a habitat of a threatened or endangered species; **

   (4) a steep slope; **

   (5) agricultural or forest land intended for resource protection or conservation; and **

   (6) any other area in need of special protection, as determined in a plan.

REVISOR'S NOTE
 
   This subsection formerly was Art. 66B, § 1.00(j).

REVISOR'S NOTE
 
   The only changes are in style.

"Plan"                                                                  § 1-101

**

(p) Special exception. -- "Special exception" means a grant of a specific use that: **

   (1) would not be appropriate generally or without restriction; and **

   (2) shall be based on a finding that: **

      (i) the requirements of the zoning law governing the special exception on the subject property are satisfied; and **

      (ii) the use on the subject property is consistent with the plan and is compatible with the existing neighborhood.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 66B, § 1.00(k).

REVISOR'S NOTE
 
   In item (2) of this subsection, the references to "the subject property" are added for clarity.

REVISOR'S NOTE
 
   In item (2)(i) of this subsection, the reference to "the requirements of the zoning law governing the special exception ... are satisfied" is substituted for the former phrase "certain conditions governing special exceptions as defined in the zoning ordinance exist" for clarity.

DEFINED TERMS:
 

   "Plan"                                                               § 1-101
 
   DEFINED TERMS:
 
   "Zoning law"                                                         § 1-101

**

(q) State. -- **

   (1) Except as provided in paragraph (2) of this subsection, "state" means: **

      (i) a state, possession, territory, or commonwealth of the United States; or **

      (ii) the District of Columbia. **

   (2) When capitalized, "State" means Maryland.

REVISOR'S NOTE
 
   This subsection is standard language added to provide an express definition of the word "state". The term conforms to the same term defined in other recently revised articles of the Code. See, e.g., EC § 1-101(g) and 9-101(f).

REVISOR'S NOTE
 
   See also § 14-101 of this article. **

(r) Subdivision. -- **

   (1) "Subdivision" means: **

      (i) the process and configuration of land by which one or more lots, tracts, or parcels of land are divided, consolidated, or established as one or more lots or parcels, or other divisions of land, consistent with criteria established by the legislative body of the local jurisdiction; or **

      (ii) the land so subdivided. **

   (2) "Subdivision" includes resubdivision.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 66B, § 1.00(l).

REVISOR'S NOTE
 
   In paragraph (1)(i) of this subsection, the reference to the "process and configuration of land by which ... lots ... are divided" is substituted for the former reference to the "division of a lot ... for the immediate or future purposes of selling the land or of building development" for clarity. No substantive change is intended.

REVISOR'S NOTE
 
   In paragraph (1)(ii) of this subsection, the reference to the "land so subdivided" is substituted for the former reference to the "land or territory resubdivided" for clarity.

REVISOR'S NOTE
 
   Also in paragraph (1)(ii) of this subsection, the former phrase "[a]s appropriate to the context," is deleted as implicit.

REVISOR'S NOTE
 
   The Land Use Article Review Committee notes, for consideration by the General Assembly, that this subsection is patterned after the revision of the same term defined in § 14-101(p) of this article for clarity and consistency within this article. This revision recognizes that land may be subdivided for several purposes, including both conveyance and development, not necessarily involving an immediate sale. No substantive change is intended.

REVISOR'S NOTE
 
   The Land Use Article Review Committee also notes, for consideration by the General Assembly, that in paragraph (1)(i) of this subsection, the phrase "consistent with criteria established by the legislative body of the local jurisdiction", which was implicit in the former law, is added for clarity. No substantive change is intended.

"Legislative body"                                                      § 1-101
 
   "Local jurisdiction"                                                 § 1-101

**

(s) Variance. -- "Variance" means a modification only of density, bulk, dimensional, or area requirements in the zoning law that is not contrary to the public interest, and where, owing to conditions peculiar to the property and not because of any action taken by the applicant, a literal enforcement of the zoning law would result in unnecessary hardship or practical difficulty, as specified in the zoning law.

REVISOR'S NOTE
 
   This subsection is new language derived without substantive change from former Art. 66B, § 1.00(m).

REVISOR'S NOTE
 
   The reference to "dimensional" requirements is added for clarity.

REVISOR'S NOTE
 
   The former reference to the "local governing body" is deleted as surplusage.

REVISOR'S NOTE
 
   For the substantive provision relating to variances, see § 4-206 of this article.

DEFINED TERM:
 

   "Zoning law"                                                         § 1-101

**

(t) Zoning law. -- **

   (1) "Zoning law" means the legislative implementation of regulations for zoning by a local jurisdiction. **

   (2) "Zoning law" includes a zoning ordinance, zoning regulation, zoning code, and any similar legislative action to implement zoning controls in a local jurisdiction.

REVISOR'S NOTE
 
   This subsection is new language added to provide a single term encompassing the various terms used by local jurisdictions for legislatively adopted zoning controls.

DEFINED TERMS:
 

   "Local jurisdiction"                                                 § 1-101
 
   DEFINED TERMS:
 
   "Regulation"                                                         § 1-101

HISTORY: An. Code 1957, art. 66B, § 1.00(a)-(c), (e)-(m), 1.02(d)(1), 3.10(a)(3), 10.01(d)(1)(ii), 11.01(b)(1)(ii); 2012, ch. 426, § 2; 2013, chs. 136, 384.