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For parking facility plans that are submitted in accordance with the compliance provisions for parking facilities constructed in accordance with an approved building permit, filed prior to June 28, 1984, as contained in section 59-E-6.1, the director/planning board may waive in whole or in part any of the plan and design standards of division 59-E-2; the number of spaces required in division 59-E-3; and any of the requirements for parking facility plans, as contained in division 59-E-4. Any request for waiver under this section shall be referred to all adjoining property owners and citizen associations for comment prior to a decision by the director/planning board on the requested waiver. Such waivers shall be based on a finding that strict adherence to these standards will result in undue hardship because of modifications or destruction of existing sound construction, loss of parking spaces essential to the type of activity being served by the facility, or other circumstances peculiar to a particular parking facility. In making such a finding, the director/planning board must determine that a reasonable attempt has been made to satisfy these standards and that insignificant additional impacts to adjoining properties will result from the granting of such waivers.
(Legislative History: Ord. No. 10-32, § 13.)
Editor’s note—Section 59-E-5.5 is quoted in Capital Commercial Properties, Inc. v. Montgomery County Planning Board, 158 Md. App. 88, 854 A.2d 283 (2004).