An application for a special use exception may
be made to the Board of Zoning Appeals only by a person or persons
with a contractual or proprietary interest in the property for which
a special use exception is requested.
A.
General requirements. The Board of Zoning Appeals
shall not grant a special use exception unless and until:
(1)
A written application for a special use exception
has been submitted indicating the specific special use exception being
sought and stating the grounds on which it is requested.
(3)
The Board has considered the application in accordance
with the following principles and requirements and determined that
the granting of a special use exception:
(a)
Will not be detrimental to or endanger the public
health, safety or general welfare.
(b)
Will not be injurious to the peaceful use and
enjoyment of other property in the neighborhood and will not substantially
diminish or impair property values in the neighborhood.
(c)
Will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in
the zoning district.
(d)
Will not overburden existing public facilities,
including schools, police and fire protection, water and sewerage,
public roads, storm drainage and other public improvements.
(e)
Conforms in all other respects to this chapter
and especially to the applicable regulations of the zoning district
in which it is to be located.
(f)
Will not adversely affect water quality or adversely
impact fish, wildlife or plant habitat within the critical area and
that the granting of the special use exception will be in accordance
with the "Critical Area Program for Caroline County," the critical
area law and this chapter.
B.
Additional requirements. In granting any special use
exception, the Board of Zoning Appeals may also prescribe additional
appropriate conditions and safeguards.
[Amended 10-31-2017 by Ord. No. 2017-3]
A special use exception shall be granted only
for those uses specifically designated in this chapter. A special
use exception shall be subject to all applicable additional restrictions,
regulations, design and performance standards found in this chapter,
including minor or major site plan approval.
A.
A decision of the Board granting a special use exception
shall be void one year from the date of approval unless a zoning certificate
and/or building permit is issued and the use is established and/or
construction has begun in accordance with the terms of the decision.
B.
An approved special use exception shall become void
if the use has been established but is later discontinued or abandoned
for a continuous period of one year.
Any modification, enlargement or extension of
a special use exception shall be undertaken only if approved by the
Board in the same manner as for an original application.
If an application for a special use exception
is denied on merit, no new application for the same special use exception
on the same property shall be accepted by the Board for one year after
the date of the previous decision.
