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Session Laws, 1965
Volume 676, Page 858   View pdf image (33K)
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858                             LAWS OF MARYLAND                     [CH. 624

780 of the Acts of 1959, as amended by Chapter 630 of the Acts
of 1963, relating to the procedure to be followed in amending the
zoning regulations and map in Montgomery County and to provide
for District Council waiver of the time required for submission of
the Park and Planning Commission's recommendations thereon;
and to provide further that the District Council may disregard
the recommendations of the Park and Planning Commission, on

zoning applications only by the affirmative vote of five of its
members. THAT THE DISTRICT COUNCIL SHALL WAIVE
THE TIME REQUIRED FOR
SUBMISSION OF THE PARK
AND PLANNING COMMISSION'S RECOMMENDATIONS
THEREON UPON PETITION; AND TO PROVIDE FURTHER
THAT THE DISTRICT COUNCIL SHALL ACCEPT THE REC
-
OMMENDATION OF THE PARK AND PLANNING COMMIS-
SION ON ZONING APPLICATIONS, UNLESS BY
AFFIRMA-
TIVE VOTE OF FIVE (5)
MEMBERS SUCH RECOMMEN-
DATIONS ARE FOUND CONTRARY TO THE EVIDENCE OF

RECORD; AND TO PROVIDE FURTHER THAT APPLICA-
TIONS SEEKING PROPERTY CLASSIFICATION OTHER
THAN THOSE WHICH ARE SHOWN ON A DETAILED
WATERSHED OR PLANNING AREA MASTER PLAN AP-
PROVED BY THE DISTRICT COUNCIL SHALL BE GRANTED
ONLY BY AFFIRMATIVE VOTE OF FIVE (5) DISTRICT
COUNCIL MEMBERS; AND TO PROVIDE FURTHER THAT
IN THE EVENT OF A
COMMISSION RECOMMENDATION
FOR APPROVAL OF AN APPLICATION CONTRARY TO THE

RECOMMENDED ZONING SHOWN ON A PLAN APPROVED
BY THE DISTRICT COUNCIL, THE
DISTRICT COUNCIL
MAY DENY THE
APPLICATION BY A SIMPLE MAJORITY
VOTE.
UNLESS SAID CLASSIFICATION IS RECOMMENDED
BY THE PLANNING COMMISSION OR THE APPLICATION
IS FOR A ZONING CLASSIFICATION ADOPTED AFTER THE
APPROVAL OF SAID MASTER PLAN IN WHICH EVENT
OR EVENTS THE AFFIRMATIVE VOTE OF FOUR MEM-
BERS SHALL BE SUFFICIENT TO GRANT ANY SUCH
APPLICATION; AND TO PROVIDE FURTHER THAT, IN
ALL OTHER CASES, AN APPLICATION SHALL NOT BE
GRANTED EXCEPT BY AFFIRMATIVE VOTE OF AT LEAST
FOUR MEMBERS OF THE DISTRICT COUNCIL.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 78(a) of Chapter 780 of the Acts of 1959, as amended
by Chapter 630 of the Acts of 1963, be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

78(a) Authorized; procedure. Each District Council may from
time to time amend its regulations or any regulation, including the
maps or any map. No such amendment shall be passed until it first
be submitted, at least thirty-five (35) days prior to the hearing
required by sub-section (c) hereof, to the Commission for approval,
disapproval or suggestions; the Commission's recommendations shall
be submitted to the District Council at least five (5) days prior to
the public hearing held by said District Council on said amendment;
if the Commission shall fail to submit its recommendation within
the aforementioned time, it and its staff shall be deemed to have
approved such amendment. Provided, however, in Montgomery

 

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Session Laws, 1965
Volume 676, Page 858   View pdf image (33K)
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