3260

LAWS OF MARYLAND

Ch. 678

(1983 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 28 - Maryland-National Capital Park and
Planning Commission

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specifically superseded or amended in accordance with the power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, [in] all applications which
seek a ZONING classification, EITHER EUCLIDEAN OR FLOATING, other
than that which is [attached to the subject properties on a
local] DESIGNATED AS INDICATED TO BE APPROPRIATE OR SUITABLE ON
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, [these applications] shall be granted
only by the affirmative vote of five members of the district
council. If the application for reclassification is recommended
for approval by the Commission or if the application is for a
zoning classification created after the approval of the master
plan by the council, then an affirmative vote of four members of
the district council is required to grant the application or
applications. In all other cases, an application may not be
granted except by affirmative vote of at least four members of
the district council.