§ 27-239.02. Special Permits.

(a)

Procedures.

(1)

Application.

(A)

All requests for Special Permits shall be in the form of an application filed with the Planning Board. The Planning Board shall determine the contents of the application and shall provide the application. The minimum submission requirements are:

(i)

Six (6) copies of a site plan, and other graphic illustrations which are considered necessary to indicate what is being proposed;

(ii)

Six (6) copies of a written explanation by the applicant explaining how the proposed site plan satisfies the U-L-I Zone Design Guidelines or the Town Center Development Plan regulations and development guidelines.

(iii)

Three (3) copies of an approved Natural Resource Inventory and a Statement of Justification describing how the proposed design preserves and restores the regulated environmental features to the fullest extent possible.

(iv)

Three (3) copies of a Type 2 Tree Conservation Plan or Standard Letter of Exemption.

(B)

The application may be filed prior to, or concurrently with, an application for a building or use and occupancy permit.

(2)

Hearing.

(A)

Prior to making a decision on a Special Permit application, the Planning Board shall hold a public hearing on the matter. The Planning Board shall adopt the procedures under which the hearing will be held.

(B)

The Planning Board hearing shall be scheduled not less than forty-five (45) days from the date the application is accepted, unless waived by the applicant.

(3)

Referral.

(A)

The Planning Board shall refer applications for Special Permits to the Department of Permitting, Inspections, and Enforcement for its comments or recommendations. These comments or recommendations (if any) shall be available for public examination at least seven (7) days prior to the public hearing.

(4)

Technical Staff Report.

(A)

The Technical Staff shall analyze the request and shall forward its comments and recommendations to the Planning Board.

(5)

Planning Board decision.

(A)

After the close of the record, the Planning Board shall take action on the request. The decision of the Planning Board shall be based on the record, and shall be embodied in a resolution.

(B)

The Planning Board shall give written notice of its decision to all persons of record and to the District Council.

(C)

The Planning Board may only approve a Special Permit contrary to the recommendation of a municipality containing the subject land within its boundaries upon the affirmative vote of four-fifths (4/5) of the members of the full Planning Board.

(6)

Required Findings.

(A)

The Planning Board may grant a Special Permit in the U-L-I Zone if it finds:

(i)

The site plan generally conforms with the U-L-I Zone Design Guidelines;

(ii)

The site plan generally conforms with the design guidelines in an approved Master Plan or other applicable plan; and

(iii)

The site plan demonstrates the preservation and/or restoration of the regulated environmental features in a natural state to the fullest extent possible in accordance with the requirement of Subtitle 24-130(b)(5).

(B)

The Planning Board may grant a Special Permit in the M-U-TC Zone if it finds that the site plan is in conformance with the approved Town Center Development Plan and its guidelines and specific criteria for the particular use. In the event a Special Permit is approved by the Planning Board, the approval is conditional upon the issuance of a building or use and occupancy permit by the Department of Permitting, Inspections, and Enforcement, Permits and Review Division.

(C)

The Planning Board may grant a Special Permit in other zones, as provided in the use tables, if it finds:

(i)

The site plan generally conforms with design guidelines in an approved Master Plan or other applicable plan; and

(ii)

The site plan shows that the proposed use will not be incompatible with adjacent properties because of building or site design.

(7)

Conditional approval.

(A)

When a Special Permit is approved, any requirements or conditions deemed necessary to protect adjacent properties and the general neighborhood may be added.

(8)

Appeals.

(A)

A final action by the Planning Board on any application for a Special Permit may be appealed within thirty (30) days after the action is taken by any person who appeared at the hearing (in person or in writing) and who is aggrieved by the action to the Circuit Court pursuant to the Maryland Rules of Procedure governing appeals of administrative decisions. The Circuit Court may dismiss the action; affirm, reverse, or modify the Planning Board's action; or remand the action to the Planning Board for further consideration, or an appropriate combination of the above.

(B)

The applicant or any party to the Circuit Court review may seek review of any final judgment by the Circuit Court by appeal to the Court of Special Appeals.

(CB-1-1994; CB-2-1994; CB-15-1998; CB-12-2001; CB-41-2002; CB-12-2003; CB-1-2004; CB-28-2010; CB-34-2011; CB-29-2014)

Editor's note— Section 3 of CB-28-2010 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, and appeal periods have not expired as of September 1, 2010, is grandfathered; or a development project that has an approved preliminary plan of subdivision, but has not completed subsequent processes such as final plat or site plan as of September 1, 2010, is grandfathered for that portion of the project covered by the preliminary plan.

Section 3 of CB-34-2011 provides that a development project for which all required development applications have been approved by the Planning Board, Zoning Hearing Examiner, or District Council, notwithstanding any appeal period, is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval; or a development project that has an approved preliminary plan of subdivision, notwithstanding any further development review requirements including record plats is grandfathered regarding the provisions of CB-28-2010 that became effective on September 1, 2010, or any subsequent revisions in conformance with the grandfathered approval for that portion of the project covered by the preliminary plan.