(a) Scope. This article applies to all land located in the County, except that it does not apply to land owned or leased and developed by the County or the Board of Education unless federal or state law requires compliance with this article. The provisions of this article are minimum requirements and are in addition to other requirements of law.
(b) Applicability to pending and future proceedings. Subject to the grandfathering provisions of COMAR Title 27, this article applies to all pending and future proceedings and actions of any board, department, or agency empowered to decide applications under this Code, except that:
(1) an application for a special exception or variance filed on or before April 4, 2005 shall be governed by the law as it existed prior to May 12, 2005 for the special exception or variance as approved;
(2) an application for a special exception or variance filed before July 6, 2010 shall be governed by the law as it existed prior to November 22, 2010 for the special exception or variance as approved if the County approves an administrative waiver as stipulated in COMAR, Title 26 or the project is exempt from the administrative waiver process;
(3) an application for a special exception filed before June 4, 2018 shall be governed by the law as it existed prior to June 4, 2018;
(4) development that falls within one of the exceptions set forth in § 17-2-101(b)(1) through (b)(5) of this Code shall be governed by the law relating to parking, lot size, width at the front building restriction line, coverage, setbacks, height limitations, and density that existed prior to May 12, 2005;
(5) development that falls within one of the exceptions set forth in § 17-2-101(b)(6) or (b)(7) of this Code shall be governed by the law as it existed prior to July 6, 2010 if the County approves an administrative waiver as stipulated in COMAR, Title 26 or the project is exempt from the administrative waiver process;
(6) subject to the election provisions of subsection (8), an application for a special exception or variance filed before November 19, 2012 shall be governed by the law as it existed prior to April 16, 2013 for the special exception or variance as approved;
(7) subject to the election provisions of subsection (8), development that falls within one of the exceptions set forth in § 17-2-101(b)(8) or (b)(9) of this Code shall be governed by the law as it existed prior to April 16, 2013;
(8) for any application described in subsection (6) or (7), the applicant may make an election, in writing and filed with the Planning and Zoning Officer no later than July 1, 2013, to be governed by the law as it exists after April 16, 2013;
(9) an application for a solar energy generating facility – community filed before January 1, 2018, shall be governed by the law as it existed prior to January 1, 2018 for a solar energy system – principal; and
(10) the following shall be governed by the law as it existed prior to August 1, 2020:
(i) an application for a grading permit, building permit, or zoning certificate of use filed on or before February 18, 2020 for a group home that would be deemed an “assisted living facility I, community based”, an “assisted living facility II, community based,” a “group home I,” or a “group home II” under Bill No. 16-20;
(ii) an application for a grading permit, building permit, or zoning certificate of use filed on or before February 18, 2020 for an existing use with a group home license issued by the State; and
(iii) an application for a grading permit, building permit, or zoning certificate of use filed on or before February 18, 2020 for a group home or a rooming house;
(11) the following shall be governed by the location of critical area boundaries in existence prior to October 8, 2021:
(i) an application for development, provided any permits associated with the development are issued on or before December 1, 2021; and
(ii) an application for a variance or a special exception, provided the application is filed on or before October 8, 2021 and any permits associated with the application are issued on or before December 1, 2021. A variance or special except grandfathered under this subsection may not be extended by variance; and
(12) for a property located in the Odenton Town Center, any application listed in § 17-2-101(18) of this Code or any application under this article filed on or before March 29, 2024 shall be governed by Subtitle 1 of Title 9 as it existed prior to March 29, 2024.
(Bill No. 4-05; Bill No. 78-05; Bill No. 52-06; Bill No. 60-10; Bill No. 93-12; Bill No. 76-13; Bill No. 18-18; Bill No. 89-18; Bill No. 16-20; Bill No. 63-21; Bill No. 84-23)