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Any lawful structure or building that existed before the applicable Sectional Map Amendment adoption date, is a conforming structure and may be continued, structurally altered, repaired, renovated or enlarged up to 10 percent of the gross building floor area or 10,000 square feet, whichever is less. However, any enlargement of the building that is more than 10 percent of the gross floor area or 10,000 square feet, or construction of a new building must comply with the standards of the MXTC zone or MXTC/TDR zone as applicable.
(Legislative History: Ord. No. 15-45, § 2; Ord. No. 15-83, § 1.)
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*Editor's note—Former Division 59-C-11, “Rural Density Transfer Zone,” §§ 59-C-11.1 — 59-C-11.5, was repealed by Ord. No. 10-69, § 6. Those provisions were incorporated in new Division 59-C-9. Former Division 59-C-11, “Rural Density Transfer Zone,” was derived from Ord. Nos. 9-18, § 1; 9-31, § 2; 9-47, § 2; 9-53, § 2; 9-74, § 10; 10-63, § 3; 10-13, § 10; 10-31, § 7; 10-62, § 2; 10-64, § 2; and 10-66, § 3.
Former Section [Division] 59-C-11, “Rural Density Transfer Zone”, is interpreted in West Montgomery County Citizens Association v. Maryland-National Capital Park and Planning Commission, 309 Md. 183, 522 A.2d 1328 (1987). The provision in the Zoning Ordinance delineating the creation of transfer of development rights (TDRs) was analyzed by the Court of Appeals and found to involve an invalid exercise of legislative authority. The provision did not establish the maximum density for the affected properties and violated the division between zoning and planning procedurally and substantively. The Court of Appeals invalidated the zoning decision concerning density of residential development because that decision was made by the District Council through the planning process, rather than through the zoning process mandated by State law.