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(a) Variance. A decision of the board granting a variance is valid for 12 months, during which time a building permit must be obtained and the erection or alteration started.
(b) Special exception.
(1) A decision of the Board, Hearing Examiner, or County Council approving the special exception is valid for 24 months.
(2) A special exception is not valid after 24 months if the use is not established or a building permit is not obtained and construction started within the period.
(c) Extension of time. The board may extend the time limit for a variance or special exception if the evidence of record establishes that drawing of architectural plans, preparation of the land, or other factors involved in the particular use will delay the start of construction or the establishment of the use beyond the period of validity. For a special exception, each extension must not exceed 12 months. If the Board grants an extension, the Board must set a date by which the erection or alteration of the building must be started or the use established.
(d) Appeal. If a decision on a variance or a special exception is appealed to a court, the time limits in this section run from the date of the final court order in the appeal.
(Legislative History: Ord. No. 12-1, § 1; Ord. No. 12-2, § 1; Ord. No. 13-35, § 1; Ord. No. 13-112, §1; Ord. No. 14-36, § 1; Ord. No. 14-47, § 1; Ord. No. 14-49, § 1.)
Editor’s note—Section 59-A-4.5 is cited and quoted in Purich v. Draper Properties, Inc., 395 Md. 694, 912 A.2d 598 (2006), where the Court held that § 59-A-2.1, defining special exceptions, and § 59-A-4.53(b)(2) do not establish a special exception for an automobile filling station in which the nonconforming use was abandoned.