(a) In this section, “energy generating system” means an energy generating system:
(1) for which a certificate of public convenience and necessity is required by State law; or
(2) (i) for which a certificate of public convenience and necessity is not required by State law; and
(ii) that is not considered to be an accessory use under the zoning law of the local jurisdiction where the system is located.
(b) If the primary reason for a proposed amendment to change a zoning classification on a parcel of land is the existence of an energy generating system on that parcel of land or on a parcel of land that is adjacent to or in close proximity to that parcel of land, a legislative body may not grant an amendment to change the zoning classification based on a finding that there was:
(1) a substantial change in the character of the neighborhood where the property is located; or
(2) a mistake in the existing zoning classification.
Structure Maryland Statutes
Division I - Single-Jurisdiction Planning and Zoning
Subtitle 2 - Designation and Adoption
Section 4-201 - Districts and Zones
Section 4-202 - Zoning Regulations -- Adoption; Purposes
Section 4-203 - Zoning Regulations -- Procedure; Public Hearings
Section 4-204 - Zoning Regulations -- Amendment, Repeal, and Reclassification
Section 4-205 - Administrative Adjustments
Section 4-207 - Adaptive Reuse
Section 4-208 - Exceptions -- Maryland Accessibility Code
Section 4-209 - Hearing Examiners
Section 4-210 - Permits and Variances - Solar Panels
Section 4-211 - Energy Generating Systems