A.

The development and execution of this title is based upon the division of the city into districts, within which districts the uses of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular location. The board, after public notice and hearing, may authorize such uses in harmony with the purpose and intent of this title, only in the specific instances set forth where the board makes findings of fact in accordance with the standards and criteria hereinafter prescribed and further finds that the use will not be contrary to the public interest.

B.

Application for a Special Exception. An application for a special exception shall be filed with the building inspector and shall be accompanied by such plans and data as may be required by this title or as may be required by the board and its reviewing staff to assure the board adequate information upon which it may consider the requested special exception. The building inspector shall forward such application and all relevant data to the office of the board.

C.

Conditions and Guaranties. Prior to the granting of any special exception, the board may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation thereof as deemed necessary to reduce or minimize any effect upon other properties in the neighborhood and to secure compliance with the standards, criteria or other specific requirements for a special exception. In cases in which a special exception is granted, the board may require such evidence and guaranties as it deems necessary as proof that the conditions imposed in connection therewith shall be met and complied with. Failure to comply with such conditions or restrictions shall constitute a violation of this title.

(Prior code § 150-295)

A special exception listed in this title shall be permitted, altered or denied by the Board of Appeals as authorized in Section 17.232.010, in accordance with the standards and procedures of this chapter. In judging whether or not a special exception shall be approved or denied, the Board of Appeals shall weigh its appropriateness and desirability or public convenience or necessity to be served against any adverse conditions that would result from authorizing the particular development at the location proposed and, in approving such use, shall consider the following criteria, except that the board, in making its decision, may waive those criteria it finds to be not applicable. In the case of a use existing prior to the effective date of this title classified as a special exception, a change in the use or in lot area or an addition to or enlargement of structure shall conform to the requirements for a special exception.

A.

Criteria for Consideration of Approval.

1.

Decisions of the circuit court for Wicomico County and appellate courts of Maryland;

2.

The nature of the proposed site, including its size and shape and the proposed size, shape and arrangement of structures;

3.

The resulting traffic patterns and adequacy of proposed off-street parking and loading areas;

4.

The nature of the surrounding area and the extent to which the proposed use might impair its present and future development;

5.

The proximity of dwellings, churches, schools, public structures and other places of public gathering;

6.

Accessibility of the premises for fire and police protection;

7.

Accessibility of light and air to the premises and to properties in the vicinity;

8.

The type and location of adequate utilities, access roads, drainage and other necessary facilities that have been or will be provided;

9.

The preservation of historic, cultural and environmental landmarks;

10.

The metro core plan or any other plan for development of the area affected approved by the planning commission or city council;

11.

All applicable standards and requirements of this title;

12.

Any other matter considered to be in the interest of the general welfare.

B.

Criteria for Approval. In approving a special exception, the board shall find the following criteria are either met, can be met by imposition of conditions or are not applicable:

1.

The proposal will be consistent with the metro core plan, the objectives of the zoning ordinance and any other applicable policy or plan adopted by the planning commission or city council for development of the area affected;

2.

The location, size, design and operating characteristics under the proposal will have minimal adverse impact on the livability, value or appropriate development of abutting properties and the surrounding area;

3.

The design of the site and structures for the proposal will be as attractive as the nature of the use and its setting warrants;

4.

The proposal will not be detrimental to or endanger the public health, security, general welfare or morals;

5.

The proposal will not impair an adequate supply of light and air to adjacent property or overcrowd the land or create any undue concentration of population or substantially increase the congestion of the streets or create hazardous traffic conditions or increase the danger of fire or otherwise endanger the public safety;

6.

The proposal will not adversely affect transportation or unduly burden water, sewer, school, park, stormwater management or other public facilities;

7.

The proposal will preserve or protect environmental or historical assets of particular interest to the community;

8.

The applicant has a bona fide intent and capability to develop and use the land as proposed and has no inappropriate purpose for submitting the proposal, such as to artificially alter property value for speculative purposes.

C.

Placing Conditions on a Special Exception.

1.

In approving a special exception or alteration of an existing special exception, the board may impose, in addition to those standards and requirements expressly specified for a special exception, additional conditions which it finds necessary to avoid any possible detrimental impact on adjoining properties and to otherwise protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:

a.

Limiting the manner in which the use is conducted, including restricting the time a certain activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;

b.

Establishing a special yard or other open space requirement or lot area or dimension;

c.

Limiting the height, size or location of a building or other structure;

d.

Designating the size, number, location and nature of vehicle access points;

e.

Increasing the amount of street dedication, roadway width or improvement of a parking area or truck loading area;

f.

Designating the size, location, screening, drainage, surfacing or other improvement of a parking area or truck loading area;

g.

Limiting or otherwise designating the number, size, location, height and lighting of signs;

h.

Limiting the location and intensity of outdoor lighting and requiring its shielding;

i.

Requiring diking, screening, landscaping or fencing, in addition to the requirements of chapter 17.220, where applicable, to protect adjoining or nearby property and designating standards for its installation and maintenance;

j.

Designating the size, height, location and materials for a fence;

k.

Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or another significant natural resource;

l.

Imposing any other condition to permit the development in conformity with subsection (B)(1) of this section;

2.

Failure to comply with the conditions imposed by the board shall constitute a violation of this title.

(Prior code § 150-296)

(Ord. No. 2769, § 1, 2-13-2023)