§ 27-259. Permits within proposed rights-of-way.

(a)

Authorization.

(1)

With the exception of an arena (stadium) proposed to be constructed on land leased or purchased from a public agency, no building or sign permit (except as provided in Part 12 of this Subtitle) may generally be issued for any structure on land located within the right-of-way or acquisition lines of a proposed street, rapid transit route, or rapid transit facility, or proposed relocation or widening of an existing street, rapid transit route, or rapid transit facility, as shown on a Master Plan; however, the Council may authorize the issuance of the building or sign permit in accordance with this Section. For the purposes of this Section, "Master Plan" means the General Plan, the Functional Master Plan of Transportation, or any Adopted and Approved Area Master Plan or, if not yet approved, any such Master Plan adopted by the Planning Board, unless the Plan has been rejected by the Council.

(2)

Notwithstanding the definition of a "street" (Section 27-107.01), building permits may be issued without such Council authorization for any structures on:

(A)

Land which:

(i)

Was in reservation but is now not in reservation; and

(ii)

Has not been acquired and is not being acquired.

(B)

Land which was subdivided after the adoption of a Functional Master Plan of Transportation, Area Master Plan, or the General Plan, but was not reserved or required to be dedicated for a street or rapid transit route or facility shown on the Plan.

(3)

A permit may be issued without such Council authorization for the replacement of a legally erected sign if the replacement sign is otherwise in conformance with this Subtitle, is not an intensification of signage for the subject property, and if the proposed transportation facility is not fully funded for construction in the adopted County Capital Improvement Program or the current State Consolidated Transportation Program.

(b)

Application.

(1)

Where a Special Exception, Detailed Site Plan, Specific Design Plan, or Departure is pending, or where application for issuance of a permit has been made and recommended for denial pursuant to Sections 27-254 and 27-255 of this Subtitle, the owner of the land may make a written request to the District Council to authorize the issuance of the permit. In the latter case, the recommendation for denial of the permit shall not have been based on any failure of the applicant to comply with any requirement of this Subtitle (other than Subsection (a) of this Section), Subtitle 24, the Regional District Act, or any condition placed on the property in a zoning case or subdivision plat approval. The request shall be in writing and shall be filed with the Clerk of the Council within thirty (30) days after notice of the denial is given.

(2)

Along with the application, the owner 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 same 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);

(3)

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)

Copies of the request and any accompanying material shall be forwarded by the Clerk of the Council to the Office of the Zoning Hearing Examiner, the Building Inspector, the Chairman of the Planning Board, and the head of the agency having jurisdiction over the construction of any improvements within the right-of-way referred to in Subsection (a)(1) of this Section.

(2)

The Clerk of the Council may require the property owner to submit sufficient copies of the request and any accompanying materials to the Clerk, in order to make transmittals to agencies as required by this Section.

(d)

Zoning Hearing Examiner hearing procedures.

(1)

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

(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)

The 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 request 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 request if it finds that:

(A)

The entire property cannot yield a reasonable return to the owner unless the permit is granted;

(B)

Reasonable justice and equity are served by issuing the permit;

(C)

The interest of the County is balanced with the interests of the property owner; and

(D)

The integrity of the Functional Master Plan of Transportation, General Plan, and Area Master Plan is preserved.

(h)

Conditions placed on approval.

(1)

If the Council authorizes the issuance of the permit, it shall specify the exact location, ground area, height, extent, and character of the structure to be allowed. The Council may also impose reasonable conditions which benefit the County.

(i)

Validity.

(1)

In the case of a request filed in connection with a pending site plan, as described in Section 27-259(b)(1), the authorization for issuance of a permit shall be automatically terminated if the application for a Special Exception, Detailed Site Plan, Specific Design Plan, or Departure is denied.

(2)

Where authorization for issuance of a permit has been approved in connection with a pending site plan, the authorization shall be valid for two (2) years. Within two (2) years of the date of final approval of the request, a permit must be obtained and construction must be proceeding pursuant to the permit, or the authorization shall be terminated. A one (1) year extension of the validity period may be granted by the Planning Director if the applicant is diligently proceeding towards issuance of a permit.

(CB-41-1984; CB-107-1984; CB-33-1985; CB-35-1986; CB-15-1993; CB-53-1995)