§ 27-251.01. Nonconforming Apartment Buildings.

(a)

The following procedures shall control and shall supersede all other zoning requirements for the legalization of the structures, site plans, and use of apartment buildings located in the R-18 Zone, constructed pursuant to a validly issued building permit prior to 1970, on land subdivided after November 1967, on a minimum of twenty-five (25) acres of land, comprised of not more than fifty-six (56) buildings, with not more than six hundred (600) dwelling units, and with an approved Special Exception for an increase in bedroom percentages for a multifamily dwelling.

(1)

The applicant shall file the request with the Planning Board and shall submit the following:

(A)

An as-built site plan of the subject property;

(B)

A site plan depicting all proposed modifications to the as-built site plan; and

(C)

A statement of justification supporting the applicant's request for a waiver by the District Council of specific provisions of the Zoning Ordinance, including, but not limited to, any required variances, departures, or waivers.

(2)

The Technical Staff shall review the applicant's request and shall submit specific recommendations to the District Council for either the denial or approval of each of the requested waivers after making the following findings:

(A)

That the waiver is essential to the revitalization or redevelopment of a deteriorated or obsolescent multifamily project; and

(B)

That the project serves a public need and is a benefit to the citizens and the property in the surrounding neighborhood.

(3)

Within thirty (30) days after receipt of the Staff's recommendations, the District Council shall conduct a public hearing on the request. The property shall be posted at least ten (10) calendar days prior to the hearing. The hearing shall also be advertised for two (2) consecutive weeks prior thereto in the County newspapers of record. The District Council, after making the above required findings, may grant any of the waivers requested, thus legalizing a portion or all of a particular structure or use on the subject property. Approval of such a waiver shall not confer certification of nonconforming use status upon the subject property.

(CB-125-1988)

Editor's note— After November 4, 1988, the provisions of Section 27-251.01 are abrogated and of no further force and effect without additional action by the District Council; however, applications filed on or before the close of business on November 4, 1988, shall be processed in accordance with the provisions of this Section.

(CB-125-1988)