Application for zoning map amendment -- Montgomery County.

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    (a)    (1)    This section applies only in Montgomery County.

        (2)    The requirements of this section do not apply to an application for a zoning map amendment filed by the district council or by the Commission.

    (b)    (1)    Subject to paragraph (2) of this subsection, the district council for Montgomery County may not receive an application for a zoning map amendment on land that was:

            (i)    the subject of a prior application for a zoning map amendment filed after June 1, 1965; and

            (ii)    for the same zoning classification on which there was a decision on the merits.

        (2)    An application may be refiled after 36 months have elapsed since the filing of the application for the prior zoning map amendment that was decided on the merits.

    (c)    (1)    In this subsection, “substantial interest” includes an individual or corporate interest of 5% or more of the full cash value of property that is subject to an application for a zoning map amendment under this section, excluding all mortgages, deeds of trust, liens, and encumbrances on the property.

        (2)    An application for a zoning map amendment shall include the name of:

            (i)    each person that has a substantial interest in the property that is the subject of the application;

            (ii)    each contract purchaser; and

            (iii)    each person holding a mortgage, deed of trust, or option to purchase the property.


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