Special exceptions are deemed to be a grant of a specific use that would not be appropriate generally or without restriction and shall be based upon a finding that certain conditions governing special exceptions as detailed in this article exist and that the use conforms to the Comprehensive Plan of Taneytown and is compatible with the existing neighborhood.

A plan for the proposed special exception shall be submitted to the Board of Appeals. This plan shall show the location of all structures, parking areas, traffic access, open space, landscaping and any other pertinent information that may be deemed necessary to determine if the proposed special exception meets the requirements of this chapter. In addition, a written application for the special exception shall be submitted indicating the section or sections of this chapter under which the special exception is sought and stating the grounds on which it is requested. This plan and application shall be reviewed by the Taneytown Planning and Zoning Commission, prior to the public hearing held by the Board of Appeals, for the purposes of giving advisory comments and recommendations thereon.

Before granting any special exception, the Board of Appeals shall find that satisfactory provision and arrangement has been made concerning, but not limited to, the following where applicable:

The Board of Appeals may allow as a special exception the conversion of a single-family detached dwelling into a dwelling for a greater number of dwelling units. The Board shall determine that there has been satisfactory conformance with the following or that a variance thereof is to be granted pursuant to the provisions of Article X of this chapter:

The person conducting the home occupation shall be a resident of the dwelling; no more than two persons not in residence in the dwelling shall be employed in that occupation; no more than 25% of the floor area of the dwelling shall be devoted to that use; the use shall be conducted exclusively within the dwelling and not in any accessory structures; no displays or change in the building facade shall indicate from the exterior that the dwelling is being utilized for purposes other than a dwelling; and adequate off-street parking shall be provided. In consideration of any application for special exception hereunder, the Board of Appeals may prescribe the number, type, location and position of any sign proposed for the location.

Residential dwellings in the Local Business District shall be either single-family detached dwellings, semidetached dwellings, attached dwellings or apartment dwellings and shall at least comply with all lot and yard requirements of the R-6,000 District. No dwelling unit shall have less than 400 square feet of floor area. The parking and loading requirements shall be subject to Article VI of this chapter, while all signs shall be subject to Article VII of this chapter.

One dwelling unit may be permitted in each commercial building in the General Business District, provided that at least one person residing at the dwelling unit is an employee at the commercial building, the dwelling unit is a subordinate use to the commercial use, the dwelling unit shall not have less than 400 square feet of floor area and adequate off-street parking is provided for both the commercial use and the dwelling unit.

All private clubs, whether run for profit or as a nonprofit use, shall not sell or dispense alcoholic beverages except in accordance with the rules and regulations of the Board of License Commissioners for Carroll County and with Article 2B of the Annotated Code of Maryland.

Such use shall not be primarily for gain or profit. Pools, clubhouses or other similar areas of high use or noise potential shall be located not less than 20 feet from all property lines. When adjacent to an existing residential use or recorded subdivision, adequate screening is required. Lighting shall be arranged and shielded so that no glare or direct illumination shall be cast upon adjacent properties. The Board of Appeals may require a traffic study showing the adequacy of the adjacent street system, the interior traffic patterns, the ingress and egress control and the solution to any projected traffic congestion.[1]

In granting any special exceptions, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of these conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 205-90.

A day-care center, which for purposes of this Code shall be defined as any center which is required to be either licensed or registered pursuant to the provisions of Title 14 of the Health-General Article or Title 5 of the Family Law Article of the Annotated Code of Maryland, shall be permitted in any zone within the City, but in the R-6,000, R-7,500 and R-10,000 and Downtown Business Districts[1] the same shall be allowed only by special exception granted pursuant to this section. In the General Business and Restricted Industrial Districts, the same may be allowed by the Zoning Administrator without the necessity of special exception, provided that he or she determines that all appropriate licensing and other requirements have been met.

The Board of Appeals may grant a special exception for garden apartments in the R-7,500 District only, in accordance with the general provisions of this chapter concerning special exceptions, provided that there has been satisfactory conformance with all of the provisions of this chapter relating to special exceptions and further provided that there has been satisfactory conformance with the following criteria or that a variance thereof is to be granted pursuant to the provisions of Article X of this chapter. The purpose of this section is to allow the creation of apartment complexes of not less than six nor more than 24 dwelling units while maintaining both the short- and long-range planning goals of the City and providing for the health, safety and general welfare of the community. Before granting any such special exception, the Board of Appeals shall find that the following criteria have been fully met: