§ 27-320. Effect of rezoning on approved Special Exception.

(a)

When any land, or portion thereof, upon which a Special Exception has been approved is reclassified to a zoning category different from that category in which it was classified at the time the Special Exception was approved, the following shall apply:

(1)

If, at the time of the rezoning, the approved use requires approval of a Special Exception in the new zone, and the specific Special Exception requirements governing the use are the same in both zones, the Special Exception, as approved, shall remain in full force and effect.

(2)

If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has commenced and has not ceased, the Special Exception shall not terminate and the use may continue as a nonconforming use. Notwithstanding the provisions of this Subtitle relative to nonconforming uses, the use and development authorized under this paragraph shall be subject to Subdivisions 10, 11, and 12 below.

(3)

Notwithstanding any of the above, in the case of a commercial recreational attraction if, at the time of the rezoning, the commercial recreational attraction is not permitted in the new zone, the approved Special Exception site plan (either conceptual or detailed site plan) and any conditions shall continue in full force and effect as to that portion of the property subject to the Special Exception site plan which remains in the zone permitting the commercial recreational attraction as a Special Exception use. Any improvement, use, structure, screen, or buffer located in whole or in part on the property placed in the new zone may also continue to be used in conjunction with the Special Exception until that property is developed for another use or removed from the approved Special Exception site plan (either conceptual or detailed site plan). However, if the new zone to which the commercial recreational attraction has been rezoned is subsequently amended to permit the commercial recreational attraction by Special Exception, then the original approved Special Exception, as well as the original Special Exception site plan (subject to any revisions which have been approved), shall be deemed reinstated on the entire property provided:

(A)

The entire property is under single ownership;

(B)

The area and configuration of the entire property remain unchanged;

(C)

A site plan for the entire property has been approved by the Planning Board or its designee as required by Section 27-319(f).

(4)

If, at the time of the rezoning, the approved use is not permitted in the new zone, or requires approval of a Special Exception with different requirements, and the use or construction authorized by the Special Exception has not commenced or has ceased, the Special Exception shall terminate, and all provisions of the new zone shall apply to the use and development of the property.

(5)

If, at the time of the rezoning, the approved use is permitted in the new zone without approval of a Special Exception, the Special Exception shall terminate, and all provisions of the new zone shall apply to further use and development of the property. If the new zoning category is a Comprehensive Design Zone or the M-X-T Zone, however, the Special Exception shall not terminate, and the provisions of Subdivisions 10, 11, and 12, below, shall remain in effect until a Specific Design Plan for the Comprehensive Design Zone, or a Detailed Site Plan for the M-X-T Zone, is approved for the subject property.

(6)

If a Special Exception is approved for property owned by the State or Federal Government in the O-S Zone, the Special Exception shall remain valid upon placement of the property in the R-O-S Zone as a result of a conveyance of the property, and the Special Exception use shall remain applicable to the requirements of the O-S Zone.

(CB-40-1991; CB-115-1991; CB-93-1994; CB-88-1996)