§ 27-317. Required findings.

(a)

A Special Exception may be approved if:

(1)

The proposed use and site plan are in harmony with the purpose of this Subtitle;

(2)

The proposed use is in conformance with all the applicable requirements and regulations of this Subtitle;

(3)

The proposed use will not substantially impair the integrity of any validly approved Master Plan or Functional Master Plan, or, in the absence of a Master Plan or Functional Master Plan, the General Plan;

(4)

The proposed use will not adversely affect the health, safety, or welfare of residents or workers in the area;

(5)

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood; and

(6)

The proposed site plan is in conformance with an approved Type 2 Tree Conservation Plan; and

(7)

The proposed 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)

In addition to the above required findings, in a Chesapeake Bay Critical Area Overlay Zone, a Special Exception shall not be granted:

(1)

where the existing lot coverage in the CBCA exceeds that allowed by this Subtitle, or

(2)

where granting the Special Exception would result in a net increase in the existing lot coverage in the CBCA.

(CB-75-1989; CB-28-2010; CB-76-2010; CB-34-2011)

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.