You are viewing an archived code

   59-C-5.477. Existing approved buildings, building permits, or uses.
      (a)   Any existing building or structure for which a lawful building permit was issued, and any lawful use that was instituted on property within the Shady Grove Life Sciences Center and subject to the provisions of the 1986 Shady Grove Life Sciences Development Plan, as amended, prior to a sectional zoning map amendment approved on June 11, 1996, where such lot was rezoned to the Life Sciences Center zone by sectional or local map amendment, will not be regarded as a non-conforming use.  Such building or use may be structurally altered, replaced, or repaired, or may be changed in conformance with the requirements of the previous lease agreement or memorandum of understanding with the County entered into prior to June 30, 1984, so long as it remains an otherwise lawful use.  Properties that are subject to a lease agreement or memorandum of understanding with the County entered into prior to June 30, 1984 may be developed under agreements and procedures applicable prior to June 11, 1996.  Any lawful uses or developments that were approved in a plan of development approved by the District Council may be instituted on the Shady Grove Life Sciences Center properties.
      (b)   Construction underway in the Shady Grove Life Sciences Center under a building permit validly issued and existing at the time of reclassification to the Life Sciences Center zone are permitted, and buildings and structures so constructed must not be considered nonconforming.
      (c)   Any lawful structure, building, or use that existed for which a building permit was issued before the date the LSC zone was applied to the property is a conforming structure or use and may be continued, structurally altered, repaired, renovated, or enlarged up to 10 percent of the gross building floor area.  However, any enlargement of the building that is more than 10 percent of the gross floor area, or construction of a new building, must comply with the new standards of the LSC zone.
      (d)   Any preliminary plan or site plan approved before the date the LSC zone was applied to the property remains valid, and construction may proceed subject to applicable approvals.  A preliminary plan approved before the date the LSC zone was applied to the property may be amended under the standards of the previous zone or under the LSC zone standards.
      (e)   When a lot or parcel is located in the LSC zone on May 17, 2010, any approved preliminary plan or site plan in effect remains valid, and construction may proceed subject to applicable approvals under the previous standards of the LSC zone.  At the option of the applicant, the preliminary plan or site plan may be amended, or necessary site plans for implementation may be submitted, under the previous standards of the zone or the standards that exist at the time of filing.  Any building or use constructed under the previous standards of the LSC zone under 59-C-5.477(e) is a conforming structure or use and may be continued, structurally altered, reconstructed, repaired, renovated, or enlarged under the previous standards of the LSC zone.
      (f)   Any lawful structure, building, or use that was constructed or instituted on a lot or parcel zoned LSC before May 17, 2010, which is not subject to Section 59-C-5.477(a), is conforming and may be continued, structurally altered, reconstructed, repaired, renovated, or enlarged under the previous standards of the LSC zone.
(Legislative History: Ord. No. 8-63, § 1; Ord. No. 10-7, § 5; Ord. No. 10-32, § 4; Ord. No. 10-53, § 16; Ord. No. 11-8, § 2; Ord. No. 11-49, § 6; Ord. No. 11-50, §§ 9--22; Ord. No. 12-1, § 1; Ord. No. 12-13, §1; Ord. No. 12-45, § 1; Ord. No. 12-78, § 1; Ord. No. 13-33, § 1; Ord. No. 13-35, § 1; Ord. No. 13-58, §3; 13-68, §3; 13-76, §1; Ord. No. 13-93, §1; Ord. No. 13-112, § 1; Ord. No. 14-60, § 1; Ord. No. 15-07, § 1; Ord. No. 15-58. § 1; Ord. No. 16-30, § 1; Ord. No. 16-49, § 2.)
   Editor’s note-Section 59-C-5.4 [formerly §111-24] is quoted in part in Brown v. Wimpress, 250 Md. 200, 242 A.2d 157 (1968).