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(a) A resolution granting a classification requires the affirmative vote of 5 members of the district council.
(b) A resolution granting a classification that is not recommended for the subject property by an approved and adopted master or sector plan or functional master plan requires the affirmative vote of 6 members of the district council. However, if the Planning Board recommends approval of the classification, the resolution requires the affirmative vote of only 5 members.
(c) If a resolution granting a classification does not receive the minimum number of affirmative votes, the application is denied; no resolution denying the application is necessary, but the minutes should reflect that the resolution was denied for lack of the necessary number of affirmative votes. A denial under this subsection is not subject to the time limitation of section 59-H-2.33.
(Legislative History: Ord. No. 9-85, § 2; Ord. No. 11-87, § 2.)
Editor’s note-The above Section is cited in JMC Construction Corporation, Inc. v. Montgomery County, 54 Md.App. 1, 456 A.2d 931 (1983)