§ 27-258. Validation of permit issued in error.

(a)

Authorization.

(1)

A building, use and occupancy, or absent a use and occupancy permit, a valid apartment license, or sign permit issued in error may be validated by the District Council in accordance with this Section.

(b)

Application.

(1)

An application for the validation shall be filed with the Department of Permitting, Inspections, and Enforcement.

(2)

The application form shall be provided by the Department of Permitting, Inspections, and Enforcement and shall contain the information which the Director of that Department deems is necessary to meet the provisions of this Section.

(3)

Along with the application, the applicant shall submit the following:

(A)

A statement listing the names and the business and residential addresses of all individuals having at least a five percent (5%) financial interest in the subject property;

(B)

If any owner is a corporation, a statement listing the officers of the corporation, their business and residential addresses, and the date on which they assumed their respective offices. The statement shall also list the current Board of Directors, their business and residential addresses, and the dates of each Director's term. An owner that is a corporation listed on a national stock exchange shall be exempt from the requirement to provide residential addresses of its officers and directors;

(C)

If the owner is a corporation (except one listed on a national stock exchange), a statement containing the names and residential addresses of those individuals owning at least five percent (5%) of the shares of any class of corporate security (including stocks and serial maturity bonds);

(4)

For the purposes of (A), (B), and (C) above, the term "owner" shall include not only the owner of record, but also any contract purchaser.

(c)

Transmittal.

(1)

The application and accompanying material shall be forwarded by the Department of Permitting, Inspections, and Enforcement to the Office of the Zoning Hearing Examiner.

(d)

Zoning Hearing Examiner hearing procedures.

(1)

The Zoning Hearing Examiner shall conduct a public hearing on the matter in accordance with Part 3, Division 1, Subdivision 2 of this Subtitle.

(2)

The Zoning Hearing Examiner shall review the application for conformance with subsection (g) of this Section.

(e)

Notice of public hearing.

(1)

The Zoning Hearing Examiner shall designate a date for the public hearing and shall notify the applicant of the date.

(2)

The Clerk of the Council (or the office of the Zoning Hearing Examiner) shall publish a notice of the hearing at least thirty (30) days prior to the hearing date, at least one (1) time in the County newspapers of record.

(3)

The notice shall contain:

(A)

The date, time, and place of the hearing;

(B)

A description and location of the property; and

(C)

A description of the nature of the request.

(f)

District Council hearing (oral argument) procedures.

(1)

The District Council shall decide upon the application, in accordance with the procedures for oral argument and Council hearings contained in Part 3, Division 1, Subdivision 3 of this Subtitle.

(g)

Criteria for approval.

(1)

The District Council shall only approve the application if:

(A)

No fraud or misrepresentation had been practiced in obtaining the permit;

(B)

If, at the time of the permit's issuance, no appeal or controversy regarding its issuance was pending before any body;

(C)

The applicant has acted in good faith, expending funds or incurring obligations in reliance on the permit; and

(D)

The application meets the criteria of Section 27-244 of this Subtitle; and

(E)

The validation will not be against the public interest.

(h)

Status as a nonconforming use.

(1)

Any building, structure, or use for which a permit issued in error has been validated by the Council shall be deemed a nonconforming building or structure, or a certified nonconforming use, unless otherwise specified by the Council when it validates the permit. The nonconforming building or structure, or certified nonconforming use, shall be subject to all of the provisions of Division 6 of this Part.

(CB-50-1984; CB-107-1984; CB-33-1985; CB-146-1986; CB-29-2014; CB-49-2017)