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Session Laws, 1996
Volume 794, Page 2899   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 490

of these; and [(4)] (IV) 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matters shall remain in full force and effect unless or until specifically superseded or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[,] all applications which seek a zoning
classification, either euclidean or floating, other than that which is indicated to be
appropriate or suitable 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, shall be
granted only by the affirmative vote of 6 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 5 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 5 members of the district council.

(3)     IN PRINCE GEORGE'S COUNTY THE DISTRICT COUNCIL SHALL
REQUIRE:

(I) A TWO-THIRDS VOTE OF ALL MEMBERS OF THE DISTRICT
COUNCIL TO APPROVE A ZONING MAP AMENDMENT IF THE ZONING MAP
AMENDMENT IS CONTRARY TO AN APPROVED MASTER PLAN;

(II) A TWO-THIRDS VOTE OF ALL MEMBERS OF THE DISTRICT
COUNCIL TO APPROVE A ZONING MAP AMENDMENT OR A SPECIAL EXCEPTION IF
THE ZONING MAP AMENDMENT OR SPECIAL EXCEPTION IS CONTRARY TO THE
RECOMMENDATION OF A MUNICIPAL CORPORATION THAT HAS ANY PORTION OF
THE LAND SUBJECT TO THE ZONING MAP AMENDMENT OR SPECIAL EXCEPTION
WITHIN THE MUNICIPAL BOUNDARIES; AND

(III) A TWO-THIRDS VOTE OF ALL MEMBERS OF THE DISTRICT
COUNCIL AND A FOUR-FIFTHS VOTE OF ALL MEMBERS OF THE PLANNING BOARD
TO APPROVE AN OPTIONAL PARKING PLAN IF THE OPTIONAL PARKING PLAN IS
CONTRARY TO THE RECOMMENDATION OF A MUNICIPAL CORPORATION THAT HAS
ANY PORTION OF THE LAND SUBJECT TO THE OPTIONAL PARKING PLAN WITHIN THE
MUNICIPAL BOUNDARIES.

8-110.

(a) (1) A district council in either county, in its zoning regulations, may provide
that the board of zoning appeals, the district council, or an administrative office or agency
designated by the district council, in appropriate cases and subject to appropriate
principles, standards, rules, conditions, and safeguards set forth in the regulations, may
either grant or deny, upon conditions as may be deemed necessary to carry out the
purposes of this article, special exceptions and variances to the provisions of the zoning
regulations in harmony with their general purposes and intent.

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Session Laws, 1996
Volume 794, Page 2899   View pdf image
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