Sec. 59-E-5.3. Waiver-Addition to building under previous ordinances.

In any case where a building was built prior to March 6, 1928, in that area which was known as the Maryland-Washington Regional District, as it existed prior to June 1, 1958, or where a building was built prior to March 1, 1956, in that area which was known as the Upper Montgomery County Planning District, as it existed prior to June 1, 1958, the board of appeals shall have authority to grant a waiver of all or a portion of the off-street parking required by this article for any additions to such existing buildings if the board finds:

   (a)   That the requirements for such additional off-street parking would result in particular and exceptional difficulties to or undue hardship upon the owner of such property; and

   (b)   That such relief can be granted without substantial impairment of the intent or purposes of this article. In granting the waiver, the board may impose reasonable conditions as provided in section 59-G-1.2 for special exceptions. No such relief shall be granted except after hearing by the board upon reasonable notice. In parking lot districts, no waiver shall be granted from the schedule of parking requirements contained in section 59-E-3.7 for additions to existing buildings or structures.

(Legislative History: Ord. No. 10-32, § 13.)