§ 27-320.01. Effect of Zoning Text Amendment on an Approved Special Exception.

(a)

When an amendment to the text of the Zoning Ordinance is enacted that negates the need for a Special Exception which has previously been approved, the Special Exception shall terminate and all current provisions of the zone shall apply to further use and development of the property, in accordance with the procedures set forth below.

(b)

If a Special Exception is terminated pursuant to Subsection (a), above, an owner of property so affected may petition the Planning Director of the Prince George's County Planning Department of the Maryland-National Capital Park and Planning Commission requesting that the Special Exception be officially nullified. Any such request shall be accompanied by a written statement setting forth the relevant facts supporting the petition, as well as true-test copies of the approved Special Exception and site plan, and the text amendment terminating the Special Exception. Notwithstanding the above, if the Planning Director discovers through other review procedures that a Special Exception is no longer required for the property, the Director may initiate procedures for termination of the Special Exception.

(1)

Upon the Planning Director's determination that a zoning text amendment has terminated a Special Exception, the Director shall make a written finding setting forth the grounds upon which the determination is made.

(2)

If the Planning Director finds that a Special Exception has not terminated, the applicant may file an appeal to the Prince George's County Planning Board within twenty (20) calendar days after the date of the Planning Director's action.

(3)

Upon the approval of a request to nullify a Special Exception, by either the Planning Director or the Planning Board, said action shall be noted on the official zoning map for Prince George's County and in all of the files regarding nullified Special Exceptions maintained by either the Prince George's County Planning Board, the Office of the Zoning Hearing Examiner, or the District Council.

(CB-45-1995)