Statutes Text
Article - Land Use
§4–104. IN EFFECT
(a) The powers granted to a local jurisdiction under this subtitle do not:
(1) grant the local jurisdiction powers in any substantive area not otherwise granted to the local jurisdiction by any other public general or public local law;
(2) restrict the local jurisdiction from exercising any power granted to the local jurisdiction by any other public general or public local law or otherwise;
(3) authorize the local jurisdiction or its officers to engage in any activity that is beyond their power under any other public general or public local law or otherwise; or
(4) preempt or supersede the regulatory authority of any unit of the State under any public general law.
(b) (1) If a legislative body regulates off–street parking, the legislative body shall require space for the parking of bicycles in a manner that the legislative body considers appropriate.
(2) A legislative body may allow a reduction in the number of required automobile parking spaces based on the availability of space for parking bicycles.
§4–104. ** TAKES EFFECT JANUARY 1, 2025 PER CHAPTER 122 OF 2024 **
(a) In this section, “modular dwelling” means a building assembly or system of building subassemblies designed for habitation as a dwelling for one or more individuals:
(1) that includes the necessary electrical, plumbing, heating, ventilating, and other service systems;
(2) that is made or assembled by a manufacturer on or off the building site for installation, or assembly and installation, on the building site; and
(3) installed and set up according to the manufacturer’s instructions on an approved foundation and support system.
(b) The powers granted to a local jurisdiction under this subtitle do not:
(1) grant the local jurisdiction powers in any substantive area not otherwise granted to the local jurisdiction by any other public general or public local law;
(2) restrict the local jurisdiction from exercising any power granted to the local jurisdiction by any other public general or public local law or otherwise;
(3) authorize the local jurisdiction or its officers to engage in any activity that is beyond their power under any other public general or public local law or otherwise; or
(4) preempt or supersede the regulatory authority of any unit of the State under any public general law.
(c) (1) If a legislative body regulates off–street parking, the legislative body shall require space for the parking of bicycles in a manner that the legislative body considers appropriate.
(2) A legislative body may allow a reduction in the number of required automobile parking spaces based on the availability of space for parking bicycles.
(d) A legislative body may not prohibit the placement of a new manufactured home or modular dwelling in a zone that allows single–family residential uses if the home or dwelling:
(1) (i) meets the definition of modular dwelling under subsection (a) of this section; or
(ii) meets the definition of a manufactured home in § 9–102(a) of the Commercial Law Article and is, or will be after purchase, converted to real property in accordance with Title 8B, Subtitle 2 of the Real Property Article; or
(2) is located on land:
(i) currently or previously owned by the federal government;
(ii) greater than 80 acres in size; and
(iii) that was the site of a former U.S. military reservation.