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A building permit must not be issued during the time permitted by law or rule of court to file an appeal from:
(a) A final decision by the District Council granting an application for a map amendment.
(b) A final decision by the District Council on reconsideration granting a map amendment.
(c) A decision of the Board granting a special exception or variance, or a decision of the Board reversing a denial of a building permit by the Director.
(d) A decision of the Hearing Examiner granting a special exception.
(e) A decision of judgment of a court in a proceeding which seeks to affirm, reverse, modify or nullify a decision of the District Council or Board of Appeals set forth in paragraphs (a) through (d) of this subsection or to remand the same to the Council or Board. Nor shall a building permit be issued during the pendency of such court proceedings or a proceeding before the Board of Appeals; provided, that nothing herein shall be construed to prohibit the issuance of a building permit for any use which would have been permitted under this Chapter for the subject property immediately prior to a decision set forth in paragraphs (a) through (d) hereof unless such use will not be permitted under the requested change in classification or grant which was the subject of such decision.
(f) A building permit may be issued, however, while an appeal from the grant of a sectional map amendment by the District Council may be filed or is pending if the permit is for development and use in accordance with the zoning classification imposed on the property by the sectional map amendment. Such a building permit shall contain a condition that the development shall comply with all the requirements of the zoning classification imposed by the sectional map amendment and whatever project plans and site plans may have been approved by the Planning Board under the optional method of development. The development pursuant to such building permit (i.e., the construction of footings on the site) shall be deemed to have a vested interest to continue and be used in accordance with the provisions of the zoning classification imposed by the sectional map amendment.
In order to facilitate the orderly coordination of the issuance of building permits with the county zoning procedures, as set forth in this Code, applications for building permits shall be rejected if all or any part of such application lies within the boundaries of an application for an amendment to the zoning map, filed in accordance with the applicable provisions of this chapter. However, no such application shall be rejected under the provisions of this subsection if such application would otherwise satisfy the requirements of both the existing zoning classification and the proposed zoning classifications of the application for an amendment to the zoning map. Any application rejected under the provisions of the subsection may be resubmitted without an additional fee and shall be acted upon following the final disposition by the district council of the amendment to the zoning map; provided, that whenever action by the district council on any such zoning map amendment is still pending, on the whole or any part of the land covered by a building permit application, after the passage of 6 months from the date of the original submission of the building permit application, an application for a building permit rejected in accordance with the provisions of this subsection may be refiled without an additional fee and shall not be rejected again under the provisions of this subsection.
(Legislative History: Ord. No. 8-72, § 1; Ord. No. 10-69, § 2; Ord. No. 11-37, § 1; Ord. No. 12-1, § 1; Ord. No. 12-72, § 1; Ord. No. 13-35, § 1; Ord. No. 13-112, §1; Ord. No. 14-36, § 1; Ord. No. 14-49, § 1; Ord. No. 15-21, § 3.)
Editor's note—Section 59-A-3.1 is quoted Remes v. Montgomery County, 387 Md. 52, 874 A.2d 470 (2005). In Chevy Chase Village v. Montgomery County Board of Appeals, 249 Md. 334, 239 A.2d 740 (1968) it was held that there is no denial of due process for the County to issue a building permit for land outside the village without a hearing if no law requires such a hearing and written briefs were submitted on the permit's issuance.
Cross reference--Other building permit requirements, § et seq.
A use-and-occupancy permit certifying compliance with this Chapter must be issued by the Director before any building, structure, or land can be used or can be converted, wholly or in part, from one use to another. However, a use-and-occupancy permit is not required for:
(a) Land or buildings used exclusively for agricultural purposes.
(b) A use for which a valid occupancy permit was issued and not revoked before June 1, 1958.
(c) A child day care facility for up to 8 children.
(d) A transitory use.
Before any building, structure or land can be used for or converted to a special exception use, the Director must issue a use-and-occupancy permit certifying compliance with the requirements, representations and conditions contained in the opinion of the Board, the Hearing Examiner or the District Council, as specified in Section 59-G-1.1. The Director must not issue a use-and-occupancy permit until:
(a) The applicant has certified to the Department that construction or alteration has been completed and any screening or landscaping has been installed, in accordance with the opinion; and
(b) The Department has determined, on the basis of a thorough final inspection, that the property conforms to the plans and conditions specified by the opinion; except that
(c) A temporary use-and-occupancy permit may be issued for a period not to exceed 90 days upon evidence that landscaping and screening must be delayed because of adverse weather or other conditions beyond the control of the applicant.
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