§ 32-3-514. USE OF PROPERTY.

(a)

In general. The Board of Appeals may not reclassify property solely on the basis of documentation relating to the property's proposed use.

(b)

Use of property must conform to documentation submitted.

(1)

Notwithstanding any other provision of this title, if the petition to reclassify the property includes documentation relating to the proposed use of the property and the petition is granted:

(i)

The property may be used only in accordance with the plan included in the documentation; and

(ii)

The zoning classification of the property will revert to the previous classification:

1.

Unless within 3 years after the date of the final order granting the petition, the property is being used in accordance with the plan; or

2.

In a case where development is necessary to implement the plan, unless the development either is completed or has been substantially undertaken and is being diligently pursued to completion.

(2)

Unless the zoning classification of the property is further changed to a different classification by subsequent enactment of the zoning map under Subtitle 2 of this title, the enactment of the zoning map does not affect the provisions under paragraph (1) of this subsection.

(1988 Code, § 2-356) (Bill No. 103-02, § 2, 7-1-2004; Bill No. 72-04, § 1, 8-11-2004)