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Session Laws, 1990 Session
Volume 436, Page 2716   View pdf image (33K)
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Ch. 629 LAWS OF MARYLAND

area, frontage, and alignment to existing lots and streets; (10) control of subdivision or
building (except for agricultural or recreational purposes) in flood plain areas or
streams and drainage courses, and on unsafe land areas; (11) preservation of
outstanding natural or cultural features and historic sites or structures; or (12) other
benefits to the health, comfort, safety or welfare of the present and future population of
the regional district.

(a) (1) In Montgomery County, on the adoption or amendment of the text of
the zoning ordinance by the district council, the ordinance shall be delivered within 3
days to the County Executive who within 10 days thereafter shall approve or disapprove
the ordinance.

(2) If the County Executive disapproves the ordinance, it shall be returned
to the council with the reasons for the disapproval stated in writing.

(b) (1) The council members, by the affirmative vote of [5] 6 members, may
enact the ordinance over the disapproval of the County Executive.

(2) Failure of the County Executive to act within 10 days constitutes
approval of the regulation or amendment.

8-104.

(a) (1) After duly advertised public hearing each district council from time to
time may amend its regulations or any regulation, including the maps or any map, in
accordance with procedures established in the respective zoning ordinances. The
procedures and ordinances may include, but not be limited to: (1) procedures limiting
the times during which amendments may be adopted; (2) provisions for hearings and
preliminary determinations by an examiner, board or other agency; (3) procedures for
quorums, number of votes required to enact amendments and variations or increases
therein based upon such factors as master plans, recommendations of the hearing
examiner, planning board, municipality, or other body, and petitions of abutting
property owners, and the evidentiary value which may be accorded to any or all of these;
and (4) procedures for hearing, notice, costs, and fees, amendment of applications,
stenographic records, reverter, lapse, and reconsideration de novo of undeveloped
zoning amendments. The existing provisions of the Regional District Law and of the
ordinances enacted by the respective district councils relating to the aforegoing matters
shall remain in full force and effect unless or until specifically superseded or amended
in accordance with the power and authority granted herein, but no such amendment
may be made by a district council, in a year in which the council is elected, after the 31st
day of October and until the newly elected council is duly qualified and has taken office.

(2) In Montgomery County, all applications which seek a zoning
classification, either euclidean or floating, other than that which is indicated to be
appropriate or suitable in the text or on the land use map of an adopted master plan,
approved by the district council, under the provisions of § 7-108(e) of this article, shall
be granted only by the affirmative vote of [five] 6 members of the district council. If the
application for reclassification is recommended for approval by the Commission or if

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Session Laws, 1990 Session
Volume 436, Page 2716   View pdf image (33K)
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