In an area where a major road plan has been duly adopted in accordance with Md. Code, Land Use Article, showing a proposed new highway or street or a proposed relocation or widening of an existing highway or street, no building or part of a building shall be permitted to be erected within the lines of such proposed highway or street except as provided hereinafter:
(A) The Zoning Administrator shall issue a zoning certificate for such construction as applied for, provided that the State Highway Administration, the Carroll County Bureau of Roads Operations, or its successor agency, or appropriate authority, upon and within 30 days of written notice thereof does not reaffirm and substantiate its plans to provide such construction in accordance with the major road plan.
(B) The owner of the property so affected shall, following the expiration time of such written notice, have the right to appeal to the BZA the refusal of a zoning certificate, and the BZA may give approval to build if it should find, after public hearing, and upon the evidence and arguments presented to it upon such appeal, that:
(1) The entire property of the appellant of which the area affected by the major road plan forms a part cannot yield a reasonable return to the owner unless such appeal is granted; and
(2) Balancing the interest of the general public in preserving the integrity of the plan and the interest of the owner of the property in the use and benefits of the property, the granting of such permit is required by consideration of reasonable justice and equity.
(Ord. 2019-06, passed 12-12-2019) Penalty, see § 158.999