§ 22-209. Approval -- Montgomery County -- Classification change.

   (a) Scope of section. -- This section applies to applications filed for amendments to zoning classifications in Montgomery County.

(b) In general. -- Except as provided in subsection (c) of this section, an application shall be granted only by the affirmative vote of at least five members of the district council.

(c) Classification not on approved plan. --

   (1) Except as provided in paragraph (2) of this subsection, an application that seeks a zoning classification not shown as appropriate or suitable in the text or on the land use map of a master plan that the district council has approved under § 21-107 of this article may be granted only by the affirmative vote of six members of the district council.

   (2) If the Commission recommends approval of the application for reclassification or if the application is for a zoning classification created after the district council approves the master plan, the affirmative vote of five members of the district council is required to grant the application.

HISTORY: An. Code 1957, art. 28, § 8-104(a)(2); 2012, ch. 426, § 2.