[BCZR 1955]

[BCZR 1955]

[BCZR 1955]

(See Section 270, Schedule of Special Exceptions.)

NOTE: Certain types of uses are required to secure a permit to allow them to be placed in one or more zones in which their uncontrolled occurrence might cause unsatisfactory results of one kind or another. A few uses, such as dumps and junkyards, are inherently so objectionable as to make extra regulations and controls advisable even in the M.H. Zone, to which they are restricted. Others, like a cemetery, do not fit into any of the zone categories, that is, residential, business and industrial, and therefore must be located with discrimination in relation to their surroundings. All the items listed are proper uses of land, but have certain aspects which call for special consideration of each proposal. Because under certain conditions they could be detrimental to the health, safety or general welfare of the public, the uses listed as special exceptions are permitted only if granted by the Zoning Commissioner, and subject to an appeal to the County Board of Appeals.

In granting any special exception, the Zoning Commissioner and the County Board of Appeals, upon appeal, shall be governed by the following principles and conditions.

[BCZR 1955]

[Bill No. 100-1970]

All applications to the Buildings Engineer for building permits shall be submitted to the Zoning Commissioner ^[2] for approval by the Commissioner as to zoning before any permit shall be issued. Before approving any such application, the Zoning Commissioner shall be satisfied that the application is in proper form and contains all necessary information and that the proposed building or use of land, building or structure complies in all respects with the regulations then in effect with respect to zoning.

A.

Whenever a petition is presented to the Department of Planning for a zone or district classification or reclassification of a piece of property, or for a special exception, such petition may be filed with the Zoning Commissioner only if it meets the Zoning Commissioner's Rules of Practice and Procedure. ^[4] Whenever the Department of Planning shall have acknowledged the adequacy of the petition in respect to such rules, including whatever site plan or other supporting material may be necessary, the petition may be filed with the Zoning Commissioner by the legal owner of the property or by his legally authorized representative.

[Bill Nos. 85-1964; ^[5]

B.

A date for a public hearing before the Zoning Commissioner on the petition for the proposed zone or district classification or reclassification may then be scheduled, and such hearing shall be held not less than 30 nor more than 90 days after the date set on the Zoning Commissioner's acknowledgment of such filing.

[Bill Nos. 85-1964; 40-1967]

In the event that the Zoning Commissioner shall refuse to grant a reclassification and upon appeal to the County Board of Appeals, the said Board shall order such reclassification, the Zoning Commissioner shall then forthwith submit said reclassification to the County Commissioners of Baltimore County, ^[6] and upon their written approval thereof the said reclassification shall become effective and binding and shall constitute an amendment to the boundaries of the zoning districts. ^[7]

[Resolution, November 21, 1956; Bill No. 43-2017]

In cases in which no building permit is required, any person desiring to use any land for any purpose other than that for which said land is being used at the time of adoption of this Order and Resolution ^[8] shall make application to the Director of Permits, Approvals and Inspections for a use permit, upon such form as the Director may prescribe. If such use is permissible the Director may issue a use permit, conditioned by other provisions contained in the regulations which shall indicate that it authorizes the particular use applied for.

In cases of petitions for special exceptions under Section 502 of these regulations, the Zoning Commissioner shall receive such petitions in such form as he may prescribe. He shall hold a public hearing thereon after giving public notice of such hearing as above provided with respect to petitions for reclassification. After such a hearing he shall pass his order granting or refusing such special exception. ^[9]

In addition to his aforesaid powers, the Zoning Commissioner shall have the power, upon notice to the parties in interest, to conduct hearings involving any violation or alleged violation or noncompliance with any zoning regulations, or the proper interpretation thereof, and to pass his order thereon, subject to the right of appeal to the County Board of Appeals as hereinafter provided.

[Bill No. 18-1976]

The said Zoning Commissioner shall have the power to conduct such other hearings and pass such orders thereon as shall, in his discretion, be necessary for the proper enforcement of all zoning regulations, subject to the right of appeal to the County Board of Appeals as hereinafter provided. The power given hereunder shall include the right of any interested person to petition the Zoning Commissioner for a public hearing after advertisement and notice to determine the existence of any purported nonconforming use on any premises or to determine any rights whatsoever of such person in any property in Baltimore County insofar as they are affected by these regulations.

With respect to any zoning petition other than a petition for a special exception, variance or reclassification, the Zoning Commissioner shall schedule a public hearing for a date not less than 30 days after the petition is accepted for filing. If the petition relates to a specific property, notice of the time and place of the hearing shall be conspicuously posted on the property for a period of at least 15 days before the time of the hearing. Whether or not a specific property is involved, notice shall be given for the same period of time in at least two newspapers of general circulation in the county. The notice shall describe the property, if any, and the action requested in the petition. Upon establishing a hearing date for the petition, the Zoning Commissioner shall promptly forward a copy thereof to the Director of Planning (or his deputy) for his consideration and for a written report containing his findings thereon with regard to planning factors.

The Zoning Commissioner shall have the power to prescribe rules and regulations for the conduct of hearings before him, to issue summons for and compel the appearance of witnesses, to administer oaths and to preserve order. ^[10]

[Resolution of 11-21-1956; Bill No. 55-2011]

The Zoning Commissioner shall have the power to require the production of plats of developments or subdivisions of land, or of any land in connection with which application for building or use permits or petition for a special exception, a reclassification or a temporary use shall be made, such plats to show the location of streets or roads and of buildings or other structures proposed to be erected, repaired, altered or added to. All such plats shall be drawn to scale and shall clearly indicate the proposed location, size, front, side and rear setbacks from property lines and elevation plans of proposed buildings or other structures. Such details shall conform in all respects with the Zoning Regulations. No such plats or plans, showing the opening or laying out of roads or streets, shall be approved by the Zoning Commissioner unless such plats or plans shall have been previously approved by the Baltimore County Department of Planning and the Department of Public Works and Transportation.

[33-2021]

Any person or persons, jointly or severally, or any taxpayer or any official, department, board or bureau of Baltimore County feeling aggrieved by any decision of the Zoning Commissioner shall have the right to appeal therefrom to the County Board of Appeals. Notice of such appeal shall be filed, in writing, with the Zoning Commissioner within ten days from the date of any final order appealed from. Such appeals shall be heard and disposed of by the County Board of Appeals as hereinafter provided. ^[11]

Upon such appeal, the Zoning Commissioner shall present to the County Board of Appeals all pertinent papers in connection therewith. ^[12] Notice of such appeal, and the date of hearing or continuance thereof, shall be given to the attorneys for the respective parties, if any, or to such person, or persons, as may be designated at the original hearing to receive such notice.

[Bill Nos. 144-1959; 25-1978]

If a zoning reclassification or special exception petition has been denied, the Zoning Commissioner may not accept for filing any other zoning reclassification or special exception petition with respect to the same property or any part of that property until at least 18 months have passed from the date of the final order relating to the previous petition, whether that order is issued by the Zoning Commissioner or Deputy Zoning Commissioner, by the Board of Appeals, or by a court of competent jurisdiction considering the petition on appeal.

The Zoning Commissioner shall keep accurate records of all proceedings pending before him and before the County Board of Appeals, and such records shall be open to public inspection in his office. He shall keep an accurate account of all money received by the zoning department ^[13] and shall turn the same over to the Chief Clerk and Auditor of the County Commissioners. ^[14]

[Bill Nos. 32-1988; 9-1996; 122-2010]

No decision may be rendered by the Zoning Commissioner on any petition for special exception, variance or special hearing unless the Zoning Commissioner has received from the Director of Environmental Protection and Sustainability, or his designated representative, written recommendations describing how the proposed request would:

A.

Minimize adverse impacts on water quality that result from pollutants that are discharged from structures or conveyances or that have run off from surrounding lands;

B.

Conserve fish, wildlife and plant habitat; and

C.

Be consistent with established land use policies for development in the Chesapeake Bay Critical Area which accommodate growth and also address the fact that, even if pollution is controlled, the number, movement and activities of persons in that area can create adverse environmental impacts.

A Board of Zoning Appeals is hereby established as provided for under the 1941 Zoning Act. Said Board shall organize and elect a Chairman. Their successors in office shall likewise elect a Chairman, whose term as Chairman shall continue during the term of office of said Board. In case of a vacancy in the office of Chairman, the Board, upon the appointment of a successor, shall elect a new Chairman who shall continue in office for the balance of the term of such Board.

Two members of the Board of Zoning Appeals shall constitute a quorum. All decisions of the Board shall be concurred in by at least two members thereof.

Meetings of the Board shall be held from time to time upon the call of the Zoning Commissioner. All hearings before the Board shall be open to the public. The Board shall prescribe rules and regulations for the conduct of hearings before it.

[Bill No. 122-2010]

The Board shall have the right to employ such technical, expert and other assistance as in its judgment may be necessary to aid in the proper investigation and determination of any questions pending before it. It shall have the right and power to summon and compel the attendance of witnesses before it and to administer oaths. It shall keep minutes of its proceedings and shall maintain, in the office of the Department of Permits, Approvals and Inspections, a public record of all proceedings before it.

It shall cause an accurate record to be made of all testimony presented at hearings before it and shall have said record transcribed whenever called upon to do so as hereinafter set forth. Upon an appeal from said Board or upon any order or writ of the Circuit Court for Baltimore County, the Board shall submit to the court the original or certified copies of all papers in connection with such proceeding as may have been filed with it together with a transcript of the testimony taken before the said Board, but only after payment of the reasonable cost thereof shall have been received, by the Zoning Commissioner, from the party entering such appeal.

Appeals from the Zoning Commissioner shall be heard by the Board of Zoning Appeals de novo. At such hearing, all parties, including the Zoning Commissioner, shall have the right to be represented by counsel, to produce witnesses and to file and submit all proper oral or written evidence.

The decision and order of the Board of Zoning Appeals may affirm or reverse in whole, or in part, any decision or order of the Zoning Commissioner, or may modify the order appealed from and direct the issuance of a permit for such modified use as it may deem proper, subject, however, to zoning regulations and restrictions.

[Bill Nos. 64-1960; 57-1982; 36-1984]

The charges and fees for procedures before the Zoning Commissioner to be paid by petitioner and before the Board of Appeals by the appellant or petitioner, shall be as follows.

A.

Cost of procedure before Zoning Commissioner.

(1)

Petition for special exception: $100.00.

(2)

Petition for special hearing pertaining to a one-family residence: $35.00.

(3)

Petition for variance pertaining to a one-family residence: $35.00.

(4)

All other petitions for variance or special hearing: $100.00.

(5)

Maximum charge for petitions filed together: $250.00.

B.

Cost of proceedings before the County Board of Appeals.

(1)

Appeals from granting or refusing to grant a special exception: $100.00.

(2)

Petition for reclassification: $100.00.

(3)

All other hearings or appeals: $75.00.

C.

The fees established herein may be changed by the County Administrative Officer from time to time and shall be in addition to advertising and posting expenses as established by the County Administrative Officer. In addition, the County Administrative Officer shall waive any or all of the fees or expenses established herein for the filing of a petition for special exception or variance when such petition is filed by a Baltimore County volunteer fire, ambulance or rescue company.

Before any special exception may be granted, it must appear that the use for which the special exception is requested will not:

A.

Be detrimental to the health, safety or general welfare of the locality involved;

B.

Tend to create congestion in roads, streets or alleys therein;

C.

Create a potential hazard from fire, panic or other danger;

D.

Tend to overcrowd land and cause undue concentration of population;

E.

Interfere with adequate provisions for schools, parks, water, sewerage, transportation or other public requirements, conveniences or improvements;

F.

Interfere with adequate light and air;

[Bill No. 45-1982]

G.

Be inconsistent with the purposes of the property's zoning classification nor in any other way inconsistent with the spirit and intent of these Zoning Regulations;

[Bill No. 45-1982]

H.

Be inconsistent with the impermeable surface and vegetative retention provisions of these Zoning Regulations; nor

[Bill No. 45-1982]

I.

Be detrimental to the environmental and natural resources of the site and vicinity including forests, streams, wetlands, aquifers and floodplains in an R.C.2, R.C.4, R.C.5 or R.C.7 Zone, and for consideration of a solar facility use under Article 4F, the inclusion of the R.C. 3, R.C. 6, and R.C. 8 Zones.

[Bill Nos. 74-2000; 37-2017]

In granting any special exception, the Zoning Commissioner or the Board of Appeals, upon appeal, shall impose such conditions, restrictions or regulations as may be deemed necessary or advisable for the protection of surrounding and neighboring properties. The owners, lessees or tenants of the property for which a special exception is granted, if required by the Zoning Commissioner, or Board of Appeals, upon appeal, shall enter into an agreement in writing with said Zoning Commissioner and/or the County Commissioners of Baltimore County, ^[16] stipulating the conditions, restrictions or regulations governing such special exception, the same to be recorded among the land records of Baltimore County. The cost of such agreement and the cost of recording thereof shall be borne by the party requesting such special exception. When so recorded, said agreement shall govern the exercise of the special exception as granted, as to such property, by any person, firm or corporation, regardless of subsequent sale, lease, assignment or other transfer.

[Bill Nos. 42-1962; 85-1967; 68-1968; 172-1993]

A special exception which has not been utilized within a period of two years from the date of the final order granting same, or such longer period not exceeding five years, as may have been specified therein, shall thereafter be void. The Zoning Commissioner or, on appeal, the County Board of Appeals, in connection with the grant of any special exception, shall fix within the aforegoing limits the period of time for its utilization. Any party to the proceedings may, by so specifying, appeal from either the order of the Zoning Commissioner or of the County Board of Appeals as the case may be, solely as to the reasonableness of the period of time allowed or, alternatively, may have such question determined in conjunction with any appeal from the grant or refusal of the application for a special exception. After a final order granting a special exception, the Zoning Commissioner, at any time prior to expiration of the period of time authorized for its utilization, may grant one or more extensions of such period, provided that a maximum time for utilization of the special exception is not thereby extended for a period of more than five years from the date of the final order granting same.

A special exception which requires any construction for its utilization shall be deemed to have been used within its authorized time if such construction shall have commenced during the authorized period, or any extension thereof, provided said construction is thereafter pursued to completion with reasonable diligence.

Notwithstanding the above provisions, in any case where a special exception in effect on or after January 1, 1957, cannot be utilized within the maximum allowable time because of inadequacy or unavailability of public sewer or water facilities, the Zoning Commissioner shall extend such time for utilization to a date 18 months after such facilities become adequate and available, as evidenced by the ability to obtain a public works agreement permitting exercise of the special exception. A copy of the extension order shall be sent by the Zoning Commissioner to the Director of Public Works and Transportation, who shall give certified or registered mail notice when such public works agreement is obtainable, to the party, and for the property, named in the extension order at the address shown in said order, except that the party named in the extension order, by certified or registered mail notice to the Director of Public Works and Transportation and the Zoning Commissioner, may change the name of the party to receive such notice from the Public Works and Transportation Director, or the address to which said notice is to be sent, or both. The date on which the notice is sent by the Director of Public Works and Transportation to the last party of record within, at the last address furnished, shall be the commencement date for the running of the eighteen-month extension period in which there must be utilization of the special exception.

[33-2021]

[Bill No. 100-1970]

The building size, shape and location, the accessory uses and the number of dwelling units authorized under any special exception for an elevator apartment building or office building granted pursuant to the Zoning Regulations in effect before [effective date of bill] shall not be affected by the enactment of Bill No. [number], [year of passage]. ^[17]

[Bill No. 142-1979 ^[18]]

In addition to consideration of the requirements imposed generally on the issuance of special exceptions by Section 502.1 of these regulations, the following special requirements, regulations and limitations shall apply to and be effective with regard to special exceptions which may be issued under these regulations, viz:

A.

Duration limited; extensions.

[Bill Nos. 124-1993; 22-2009]

1.

Any special exception or renewal thereof granted for a community care center under the authority of these regulations shall be for the limited duration of five years and shall thereafter be of no further force and effect, unless, no later than three months prior to the expiration of such special exception, the center files a written request with the Department of Permits, Approvals and Inspections for a continuation of the special exception use.

[Bill No. 122-2010]

2.

The Department shall inspect the community care center premises to ensure that the continued operation of the center will comply with the terms of the original order and any extension thereof.

3.

After inspection, the Department may approve the extension of the special exception use with any new or amended conditions and publish notice of the extension, or direct that the center file a petition for special hearing with the Zoning Commissioner.

B.

Any special exception or renewal thereof which was granted for a boardinghouse or rooming house prior to the effective date of Bill No. 124-1993 and pursuant to the law in effect at that time shall, after the effective date of Bill No. 124-1993, be of no further force and effect, unless permitted pursuant to the procedure delineated in Section 408B of these regulations.

[Bill Nos. 44-1982; 124-1993 ^[19]]

[Bill Nos. 167-1980; ^[20]

Bill No. 167-1980 does not affect the validity of any order granting a special exception for an office or office building pursuant to Section 1B02.1. Any such special exception may be used in accordance with both the applicable provisions of these regulations and the zoning classification of the property in effect at the time of the grant of such special exception, provided that construction is started prior to the expiration date of such special exception, and provided the zoning classification at the time construction is started is either D.R.16, R-O, O-1 or O-2.

[Bill No. 124-1981]

In addition to the other requirements of this section, the Zoning Commissioner and the Board of Appeals, upon appeal, when considering a special exception for a use in a residential transition area, shall conform with the requirements of Section 1B01.1.B.1, where applicable.

[Bill Nos. 117-1984; 64-1986; 30-1998; ^[21] 121-2001]

A.

A special exception may not be granted for any wireless telecommunications tower over 200 feet in height which is within 1½ miles of an existing district on the Baltimore County Final Historic Landmarks list or any of the following historical districts on the National Register of Historic Places, namely, Oella, My Lady's Manor, Western Run, Worthington Valley, Greenspring Valley, Corbett and Long Green Valley, unless the Zoning Commissioner or the Board of Appeals, upon appeal, finds that the proposed use will not be detrimental to or materially detract from the documented values of any such district due to the height of the proposed tower and its placement and visibility relative to such district.

B.

Towers within scenic viewshed.

1.

A Special exception may not be granted for a wireless telecommunications tower located in an RC-2, RC-3, RC-4, RC-5, RC-6 or RC-7 Zone within a scenic viewshed unless the Zoning Commissioner finds that the proposed tower will not interfere with or be detrimental to the scenic viewshed elements.

2.

The Zoning Commissioner shall determine interference or detriment based upon substantial evidence, comparing the scenic viewshed elements to the proposed tower location, in order to determine whether the proposed tower blocks any scenic viewshed elements or is not visually in harmony with any scenic viewshed elements when the elements and the tower can be seen simultaneously.

3.

The Zoning Commissioner may also consider whether public funds have been spent acquiring easements or entering into other agreements to minimize development or protect aesthetics in areas immediately adjacent to the proposed tower and whether other public or private agreements exist to minimize development or protect aesthetics in areas immediately adjacent to the proposed tower.

a.

Except as provided in this paragraph, the presence of the easements and agreements may be probative of the possible interference of the proposed tower with scenic viewshed elements.

b.

The absence of the easements and agreements may not be probative of the possible interference of the proposed tower with scenic viewshed elements.

[Bill No. 151-1988]

Bill No. 151-1988 does not affect the validity of any order granting a special exception for a Class B office building pursuant to Section 203.3.B ^[22] prior to the effective date of the bill. Any such special exception may be used in accordance with the applicable provisions of these regulations in effect at the time of the grant of such special exception and in accordance with the terms thereof, provided that construction is started prior to the expiration date of the special exception as required by Section 502.3.

[Bill Nos. 149-1992; 179-1995]

A.

Neither Bill No. 149-1992 nor Bill No. 179-1995 affects the validity of any order granting a special exception for a marina or boatyard which occurred prior to the effective date of the bill. Any such special exception may be used in accordance with the applicable provisions of the Baltimore County Zoning Regulations in effect at the time of the grant of such special exception and in accordance with the terms thereof, provided that construction is started prior to the expiration date of the special exception as required by Section 502.3.

B.

Notwithstanding any provisions of these regulations to the contrary, and in addition to the provisions contained in Subsection A above, the uses, conditions and requirements as set forth in Bill No. 149-1992 may be utilized at the discretion of the owner of the property on which the marina or boatyard is located, and no hearing shall thereby be required to amend the prior special exception where the proposed change is permitted as a matter of right by Bill No. 149-1992. If such use should conflict with the terms or conditions of the prior special exception, the permitted use shall apply. If a use is permitted by special exception by Bill No. 149-1992, the Zoning Commissioner or Board of Appeals may, on its own motion, amend the previously granted special exception only in the least restrictive manner possible.

[Bill Nos. 149-1992; 179-1995]

C.

Nothing contained herein shall limit the authority of the Department of Permits, Approvals and Inspections to require a site plan, either new or revised, to ensure compliance with the applicable requirements or the Baltimore County Zoning Regulations.

[Bill Nos. 149-1992; 122-2010]

[Bill Nos. 33-2000; 122-2010]

Notwithstanding any provisions of these regulations to the contrary, the conditions set forth in Section 414.5 apply to trailer parks existing on the effective date of this paragraph, and a hearing is not required to amend any provisions of a prior special exception order that conflict with Section 414.5. The Department of Permits, Approvals and Inspections retains the authority to require a site plan, either new or revised, to ensure compliance with the applicable requirements of the Baltimore County Zoning Regulations.

Any violation of regulations and restrictions adopted pursuant to this ordinance ^[23] shall be a misdemeanor, punishable by a fine not to exceed $100.00 or by imprisonment not to exceed 30 days, or both fine and imprisonment. Any person who shall violate such regulations and restrictions shall be deemed guilty of a separate offense for every day that such violation shall continue.

The Planning Board may adopt and implement administrative, project-design or planning policies or procedures which are not inconsistent with these regulations and which further the purposes hereof, as specified in the preceding sections of these regulations and as set forth below. However, no such policy or procedure, or amendment thereto, may hereafter be adopted except by a resolution which has been entered on and appended to the advance tentative agenda for a regular meeting of the Planning Board and thereafter approved at such meeting without amendment, all as shall be more particularly prescribed in the bylaws of the Planning Board.

[Bill Nos. 2-1992; 55-2011]

The Department of Planning shall compile and codify, in an appropriate and practical form, a comprehensive manual of the Planning Board's land use and development policies and zoning resolutions. The manual shall include the statements of all policies and procedures adopted under Section 504.1 and all other formal Planning Board actions taken pursuant to these Zoning Regulations, the subdivision regulations and such other land use and development regulations as may hereafter be effected, except actions on subdivision plans or other routine actions in individual cases. The form of the manual may be such as to include, in addition, provisions of these Zoning Regulations, of the subdivision regulations or of other rules, regulations or laws, with the sources of all such provisions clearly identified. Such provisions may be printed together as they were promulgated, and placed in separate sections of the manual, or they may be separated and integrally codified with other manual provisions or statements, placed in order according to subject or other logical arrangement. The manual also may include such other matter as the Department of Planning or the Planning Board deems relevant. The manual shall be submitted to the County Council for approval. The proposed manual or change shall take effect 45 days after submission to the Council, unless within the 45-day period, the County Council objects. In such case, the manual or change requires legislative approval.

No plan for a unit development and no other plan covering common open space (including local open space) may be approved under these regulations unless the county has agreed to accept title to and maintain the open space or has otherwise agreed to provide continuing maintenance of the open space, or unless continuing maintenance is assured by other means as set forth in policies adopted in accordance with Subsection 504.1, above. To afford the latter alternative within a reasonable time, the Planning Board shall formulate and adopt policies regarding the continuing maintenance of common open space within six months after the effective date of this section. ^[24]