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DIVISION 3. SPECIAL EXCEPTION USES
Temporary special exceptions may be granted by the Board of Zoning Appeals for the uses indicated by the letter "T" in § 1-19-5.310 for each district. A temporary special exception permit is valid for no longer than 1 year from date of issuance. Such temporary special exceptions may be renewed upon approval of the Board. The applicant shall provide the names and addresses of all adjoining property owners who shall be notified of any renewal. If the temporary use shall exist for 5 years, the Board of Zoning Appeals shall hold a hearing prior to the issuance of the subsequent renewal.
(Ord. 77-1-78, § 40-49(C), 1-24-1977; Ord. 79-19-145, 8-7-1979; Ord. 79-21-47, 9-5-1979; Ord. 81-28-218, 9-29-1981; Ord. 86-54-431, 10-28-1986; Ord. 91-02-002, 3-22-1991; Ord. 97-03-181, 1-21-1997; Ord. 08-26-502, 10-14-2008; Ord. 09-22-526, 7-14-2009; Ord. 11-25-591, 10-27-2011; Ord. 14-23-678, 11-13-2014)
General conditions for granting a special exception are outlined in § 1-19-3.210 of this Code, and specific requirements for different uses are established in this article. The following are specific conditions which will be met for each special exception. In addition, site development plan approval shall be obtained through the applicable review process as provided in §§ 1-19-3.300 through 1-19-3.300.4 or as determined by the Zoning Administrator. The following standards apply only to special exceptions.
(Ord. 77-1-78, § 40-72(A), 1-24-1977; Ord. 90-03-601, 2-6-1990; Ord. 08-26-502, 10-14-2008; Ord. 12-08-603, 4-17-2012; Ord. 14-23-678, 11-13-2014)
The following provisions shall apply to all accessory dwelling units greater than 1,000 square feet in the RC, A, R1, R3, R5, R8, R12, R16, VC, MXD, PUD and MX districts.
(A) Only 1 accessory dwelling unit ("ADU") may be created on a lot.
(B) Accessory dwelling units greater than 1,000 square feet shall be allowed in single-family dwellings, in an accessory structure, or built as a separate accessory structure, on a single-family lot.
(C) The owner of the property must reside in the principal dwelling or in the accessory dwelling unit.
(D) There must be at least 1 additional parking space provided for the accessory dwelling unit. On-street parking may be utilized to meet this requirement.
(E) An accessory dwelling unit located in an accessory structure or built as a separate accessory structure must comply with the accessory structure requirements of § 1-19-8.240(B).
(F) ADUs are intended to serve ongoing housing needs of county residents. Short term rental of ADUs in the nature of extended stay hotels, Airbnbs, or seasonal temporary housing is not permitted.
(G) The owner of the principal residence shall file an annual statement with the Zoning Administrator verifying that the conditions under which the special exception was granted remain the same.
(H) If the ownership of the lot changes, the subsequent owner must provide a statement to the Zoning Administrator as to the continuing use and eligibility of the accessory dwelling unit.
(I) Due to the nature of this use, site plan approval can be granted by the Zoning Administrator in lieu of the Planning Commission.
(J) An accessory dwelling unit meeting the provisions of § 1-19-8.212 shall be considered a permitted accessory use and therefore not subject to this section.
(Ord. 91-33-033, 12-3-1991; Ord. 08-26-502, 10-14-2008; Ord. 11-25-591, 10-27-2011; Ord. 11-28-594, 11-22-2011; Ord. 14-23-678, 11-13-2014; Bill No. 18-16, 8-21-2018; Bill No. 20-10, 7-21-2020)
The following provisions shall apply to private aircraft landing and storage areas in A, LI and GI Districts.
(A) Minimum lot size: 25 acres.
(B) Principal user: owner of parcel.
(C) Intensity of use: no more than 2 aircraft may use the airfield or storage area.
(D) Aircraft: limited to those which at 95°F require a maximum of 1,800 feet or less of runway surface as recommended by the specific aircraft manufacturers.
(E) Clear zone: must be provided at both approach and departure end of runway. Such zone shall be a symmetrical trapezoid with a length of 1,000 feet and with the parallel sides being 176 feet (adjacent to end of runway) and 317 feet respectively. Such zone shall be provided as specified herein unless modified in accordance with Maryland Aviation Administration Guidelines and approved by the Zoning Administrator. No structures are permitted within the clear zone. The clear zone must be under the ownership of the airfield owner.
(F) Area of operation: no operation will be permitted within 100 feet of a property line, or 1,000 feet of any public or private institution devoted to education or human care.
(G) Use limited: the airfield will not be for the use of instruction or training.
(H) The facility, activities, and aircraft operators shall meet all applicable federal and state regulations and licensing requirements.
(Ord. 77-1-78, § 40-72(A-5), 1-24-1977; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)
The following provisions shall apply to private-commercial use aircraft landing and storage areas in A, LI and GI Districts.
(A) Minimum lot size: 100 acres.
(B) Principal user: owner of parcel.
(C) In the Agricultural Zoning District the owner of the property must reside in the principal dwelling.
(D) Intensity of use: no more than 12 aircraft may use the airfield or storage area. The Board of Appeals may reduce the maximum number of aircraft, to a number less than 12, in an effort to minimize adverse effects of the operation on surrounding properties.
(E) Aircraft: limited to those which at 95°F require a maximum of 1,800 feet or less of runway surface as recommended by the specific aircraft manufacturers.
(F) Clear zone: must be provided at both approach and departure end of runway. Such zone shall be a symmetrical trapezoid with a length of 1,000 feet and with the parallel sides being 176 feet (adjacent to end of runway) and 317 feet respectively. Such zone shall be provided as specified herein unless modified in accordance with Maryland Aviation Administration Guidelines and approved by the Zoning Administrator. No structures are permitted within the clear zone. The clear zone must be under the ownership of the airfield owner.
(G) Area of operation:
(1) No operation will be permitted within 100 feet of a property line, or 1,000 feet of any public or private institution devoted to education or human care.
(2) Hangars constructed after November 10, 2013 shall be located at least 200 feet from any property line adjacent to a residential use or residentially zoned property.
(H) Use limited:
(1) The airfield will not be for the use of instruction or training.
(2) Commercial business operations open to the general public such as sale or leasing of aircraft, maintenance operations, chartering, or skydiving are prohibited.
(I) The facility, activities, and aircraft operators shall meet all applicable federal and state regulations and licensing requirements.
(J) Operation or storage of jet fixed wing aircraft at this facility is prohibited.
(Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)
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