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Session Laws, 1965
Volume 676, Page 859   View pdf image (33K)
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J. MILLARD TAWES, Governor                        859

County, that in the event the Commission petitions the District
Council, in writing, to waive the five (5) day requirement, as set

forth herein, and requests an extension of time to a day certain, for
such submission, the District Council shall grant such extension and

shall include the petition and grant in the record of the application.

With the Commission's resolution transmitting" its recommendations
with respect to applications for zoning amendments under this
section, there shall be transmitted a copy of the report of the Com-
mission's technical staff thereon. In Montgomery County, the District
Council shall give due consideration to the recommendations of the

Commission and, on all applications, shall accept such recommenda-

tions unless, by the affirmative vote of five of its members, it finds

the evidence of record to be contrary to the recommendations of the
Commission. Likewise, in
IN Montgomery County, in all applications
which seek a classification other than that which is attached to the
subject properties on em adopted
A DETAILED WATERSHED OR
PLANNING AREA Master Plan, APPROVED BY THE DISTRICT
COUNCIL, UNDER THE PROVISIONS OF SECTION 63 (E) OF
THIS ACT, such applications shall be granted only by the affirma-
tive vote of five members of the District Council..,
PROVIDED, HOW-
EVER, THAT IN THE EVENT THE SAID APPLICATION FOR
RECLASSIFICATION IS RECOMMENDED FOR APPROVAL BY
THE COMMISSION OR IN THE EVENT THE SAID APPLICA-
TION IS FOR A ZONING CLASSIFICATION CREATED AFTER
THE APPROVAL OF SUCH MASTER PLAN BY THE COUNCIL,
THEN AN AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE
DISTRICT COUNCIL SHALL BE REQUIRED TO GRANT SUCH
APPLICATION OR APPLICATIONS. IN ALL OTHER CASES,
AN APPLICATION SHALL NOT BE GRANTED EXCEPT BY
AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE
DISTRICT COUNCIL. PROVIDED, HOWEVER, THAT IN THE
EVENT THE COMMISSION RECOMMENDATION IS FOR
APPROVAL OF AN APPLICATION WHICH IS CONTRARY TO
THE RECOMMENDED ZONING SHOWN ON A PLAN AP-
PROVED BY THE DISTRICT COUNCIL, THE DISTRICT COUN-
CIL MAY DENY THE APPLICATION BY A SIMPLE MAJORITY
VOTE.
Similarly, in the original zoning regulations enacted by the
District Councils, there shall be no change in or departure from the
plan submitted by the Commission until and unless the change or
departure shall first be submitted to the Commission for its approval,
disapproval or suggestions; and the Commission shall have been
allowed a reasonable time, not more than three (3) months, for
consideration and report.

Sec. 2. And be it further enacted, That this Act is hereby declared
to be an emergency law and necessary for the
immediate preservation

of the public health and safety, and being passed by a yea and nay

vote, supported by three fifths of all the members of the two houses
of the General Assembly, the same shall take effect from the date of

its passage. SHALL TAKE EFFECT ON JUNE 1, 1965.

Approved May 4, 1965.

 

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Session Laws, 1965
Volume 676, Page 859   View pdf image (33K)
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