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.
[Amended 11-13-2017 by Ord. No. 14-2017]
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:
A.
Ingress and egress to property and proposed structures
thereon, with particular reference to automotive and pedestrian safety
and convenience, traffic flow and control and access in case of fire
or catastrophe.
B.
Off-street parking and loading areas where required, with particular attention to the items in Subsection A above and the economic, noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district.
D.
Utilities, with reference to locations, availability
and compatibility;
E.
Screening and buffering with reference to type, dimensions
and character.
F.
Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect and compatibility
and harmony with properties in the district.
G.
Required yards and other open space.
H.
General compatibility with adjacent properties and
other property in the district.
[Amended 12-13-1982 by Ord. No. 13-82]
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:
A.
No dwelling unit shall have less than 400 square feet
of floor area.
B.
The lot area per dwelling unit may not be reduced
below that required for the district in which the designated lot is
located.
C.
The yard and area requirements for the district in
which the building is located shall not be reduced.
D.
All off-street parking requirements must be met.
E.
No external alteration of the building is permitted
except as may be necessary for reasons of safety.
[Amended 5-9-1983 by Ord. No. 5-83; 7-11-1983 by Ord. No. 6-83]
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.
[Amended 1-3-1992 by Ord. No. 12-91]
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]
[1]
Editor's Note: Original Sec. 8-3-140, Automobile
service station, and Sec. 8-3-141, Shopping center, which immediately
followed this section, were deleted 8-9-1999 by Ord. No. 8-99.
[Amended 12-13-1982 by Ord. No. 14-82]
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.
[Amended 5-13-1985 by Ord. No. 2-85; 5-9-1988 by Ord. No. 9-88]
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.
[Amended 12-9-1985 by Ord. No. 9-85]
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:
A.
The maximum number of dwelling units in any one area
shall be 24.
B.
There shall be a finding of a lot area per dwelling
unit of 4,000 square feet with a minimum lot area for the project
of 24,000 square feet and a maximum lot area for the project of four
acres.
C.
All new apartment areas must be buffered from existing
single-family detached and semidetached residential dwellings by conventional
housing of single-family or semidetached type.
[Amended 8-9-1999 by Ord. No. 8-99]
D.
Parking of vehicles other than automobiles, motorcycles
and pickup trucks shall be prohibited.
