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Session Laws, 1967
Volume 681, Page 576   View pdf image (33K)
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576                             LAWS OF MARYLAND                      [CH. 247

to provide for a Hearing Examiner OR BOARD for Montgomery
County, delegation of powers of the County Council to said Hearing
Examiner OR BOARD, term of office, salary, qualifications, and
duties.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 70-89 (a) and (c) of the Code of Public Local Laws
of Montgomery County (1965 Edition, being Article 16 of the Code
of Public Local Laws of Maryland), title "Montgomery County,"
subtitle "Maryland-National Capital Park, etc.," subheading
"Amendments to Zoning Regulations—Generally," and Sections 59-
83 (a) and (c) of the Code of Public Laws of Prince George's County
(1963 Edition, being Article 17 of the Code of Public Local Laws
of Maryland), title "Prince George's County," subtitle "Park and
Planning Commission," be and they are hereby repealed and re-
enacted, with amendments; and that new Section 70-89(f) be and
it is hereby added to the said Montgomery County Code, to follow
immediately after Section 70-89(e) thereof; and new Section 59-
83 (f) be and it is hereby added to the said Prince George's County
Code, to follow immediately after Section 59-83 (e) thereof, and all
to read as follows:

70-89. (59-83.)

(a) 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 subsection
(c) hereof, to the commission for approval, disapproval or sugges-
tions; the commission's recommendations shall be submitted to the
district council at least five (5) days prior to the public hearing
held by such district council or in Montgomery County, a Hearing
Examiner
OR BOARD as herein provided, on such amendment; if the
commission shall fail to submit its recommendation within the afore-
mentioned time, it and its staff shall be deemed to have approved such
amendment. With the commission's resolution transmitting its rec-
ommendations with respect to applications for zoning amendments
under this section, there shall be transmitted a copy of the report
of the commission's technical staff thereon. In Montgomery County,
in all applications which seek a classification other than that which
is attached to the subject properties on a detailed watershed or
planning area Master Plan, approved by the district council, under
the provisions of Section 70-74(e) of this Code, such applications
shall be granted only by the affirmative vote of five members of
the district council; provided, however, that in the event such ap-
plication for reclassification is recommended for approval by the
commission or in the event such application is for a zoning classifica-
tion 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. 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 sugges-
tions; and the commission shall have been allowed a reasonable
time, not more than three (3) months, for consideration and report.

 

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Session Laws, 1967
Volume 681, Page 576   View pdf image (33K)
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