WILLIAM DONALD SCHAEFER, Governor Ch. 450

jurisdiction over planning and zoning and subdivision control
within the area annexed; provided nothing in this exception shall
be construed or interpreted to grant planning and zoning
authority or subdivision control to a municipality not authorized
to exercise that authority at the time of such annexation; and
further provided, that no municipality annexing land may for a
period of five years following annexation, place that land in a
zoning classification which permits a land use substantially
different from the use for the land specified in the current and
duly adopted master plan or plans or if there is no adopted or
approved master plan, the adopted or approved general plan or
plans of the county or agency having planning and zoning
jurisdiction over the land prior to its annexation without the
express approval of the board of county commissioners or county
council of the county in which the municipality is located.

(2) IF THE COUNTY EXPRESSLY APPROVES, THE
MUNICIPALITY, WITHOUT REGARD TO THE PROVISIONS OF ARTICLE 66B, §
4.05(A) OF THE CODE, MAY PLACE THE ANNEXED LAND IN A ZONING
CLASSIFICATION THAT PERMITS A LAND USE SUBSTANTIALLY DIFFERENT
FROM THE USE FOR THE LAND SPECIFIED IN THE CURRENT AND DULY
ADOPTED MASTER PLAN OR GENERAL PLAN OF THE COUNTY OR AGENCY
HAVING PLANNING AND ZONING JURISDICTION OVER THE LAND PRIOR TO
ITS ANNEXATION.

Article 66B - Zoning and Planning

4.05.

(a) Such regulations, restrictions, and boundaries may from

time to time be amended, supplanted, modified, or repealed.
Where the purpose and effect of the proposed amendment is to
change the zoning classification, the local legislative body
shall make findings of fact in each specific case including, but
not limited to, the following matters; population change,
availability of public facilities, present and future
transportation patterns, compatibility with existing and proposed
development for the area, the recommendation of the planning
commission, and the relationship of such proposed amendment to
the jurisdiction's plan; and may grant the amendment based upon a
finding that there was a substantial change in the character of
the neighborhood where the property is located or that there was
a mistake in the existing zoning classification. A complete
record of the hearing and the votes of all members of the local
legislative body shall be kept.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 17, 1988.

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