Ch. 481

1996 LAWS OF MARYLAND

purposes of this article, special exceptions and variances to the provisions of the zoning
regulations in harmony with their general purposes and intent.

(2)      (I) IN MONTGOMERY COUNTY, THE DISTRICT COUNCIL IN ITS
ZONING REGULATIONS MAY PROVIDE THAT THE AFFIRMATIVE VOTE OF:

1.       AT LEAST FOUR MEMBERS OF THE BOARD OF APPEALS
ARE REQUIRED TO ADOPT A RESOLUTION THAT GRANTS, REVOKES, SUSPENDS,
AMENDS, EXTENDS THE TIME IN WHICH TO IMPLEMENT, OR MODIFIES A SPECIAL
EXCEPTION; AND

2.       A MAJORITY OF THE BOARD OF APPEALS IS REQUIRED
TO ADOPT A PROCEDURAL MOTION REGARDING A SPECIAL EXCEPTION
APPLICATION.

(II) IN EXERCISING ITS AUTHORITY UNDER THIS PARAGRAPH, THE
DISTRICT COUNCIL MAY ENACT, FOR ANY ZONE, DIFFERENT VOTING
REQUIREMENTS FOR DIFFERENT USES.

(3)      In Prince George's County, the district council shall provide for the
appeal of decisions of the zoning hearing examiner in special exception and variance cases
to the district council.

(4)     The decisions of the administrative office or agency in Montgomery
County shall be subject to an appeal to either the board of appeals or other administrative
body as may be designated by the district council. In either county, the appeal shall follow
that procedure which may from time to time be determined by the district council.

(5)     The district council IN EITHER COUNTY also may authorize the board of
zoning appeals to interpret the zoning maps or pass upon disputed questions of lot lines
or district boundary lines or similar questions as they arise in the administration of the
regulations.

(b)     In Montgomery County, notwithstanding any provision in Article 25A, § 5(U),
of the Annotated Code to the contrary, a decision by the county board of appeals on
applications for zoning variations or exceptions may be appealed within 30 days by any
person, municipality, corporation, or association, whether or not incorporated, which has
appeared at the hearing in person, by attorney, or in writing, to the circuit court for the
county, which may affirm or reverse the decision appealed from or remand it to the board
for further consideration for any reason, or dismiss the appeal as provided by law. Any
party to the proceedings in the circuit court may appeal from such decision to the Court
of Special Appeals. The review proceedings provided by this section are exclusive.

(c)     (1) In Prince George's County, prior to any hearing by a zoning hearing
examiner and the district council concerning a request for a special exception for the
mining of sand or gravel, a report shall be prepared in accordance with this subsection.

(2) Any report required under paragraph (1) of this subsection shall:

(i) Be prepared by the Commission;

- 2874 -