(A) The Board shall have the power to approve special exceptions for any of the uses for which this chapter requires obtaining of such exceptions and for no other use or purpose. The Board shall not grant a special exception except in conformance with the conditions and standards of this chapter.
(B) In granting a special exception, the Board shall make findings of fact consistent with the provisions of this chapter. The Board shall grant a special exception only if it finds adequate evidence that any proposed use submitted for a special exception will meet all of the following general requirements as well as any specific requirements and standards listed for the proposed use. The Board shall, among other things, require that any proposed use and location be:
(1) In accordance with the county’s Comprehensive Development Plan and consistent with the spirit, purposes and intent of this chapter.
(2) Suitable for the property in question, and designed to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity.
(3) Suitable in terms of effects on road traffic and safety with adequate access arrangements to protect roads from undue congestion and hazard.
(C) The Board may impose whatever conditions regarding layout, circulation and performance it deems necessary to insure that any proposed development will secure substantially the objectives of this chapter. The Board shall consider recommendations by the Planning Commission, if any, prior to rendering a decision.
(D) In deciding on applications for mobile homes, the Board shall consider, among other things, the criteria specified in divisions (B) and (C) above and the following additional criteria:
(1) With regard to the neighborhood in which the mobile home is proposed to be located:
(a) The extent to which mobile homes are already an established use, if at all;
(b) The relative value of the present improvements, if any, on other properties;
(c) The probable effect, if foreseeable, of the proposed mobile home on the level of investment that might reasonably be expected on adjoining properties;
(d) The discernable trend, if any, in the types of residential units being newly established;
(e) The extent to which the neighborhood is related to or isolated from Deep Creek Lake; and
(f) The comments expressed by other property owners.
(2) With regard to the proposed site for the mobile home:
(a) The likely visibility of the unit, when installed, from public highways, from adjoining properties, from the surface of Deep Creek Lake, and from public recreation lands as identified in § 157.070;
(b) The extent and character of trees or other vegetative screening; and
(c) Whether there is a mobile home on the site at the time of the application.
(3) With regard to the mobile home unit and its proposed use:
(a) Whether the use will be as a primary (year-round) residence, or for secondary or seasonal use;
(b) Whether the unit will be occupied by the owner or a close relative or is intended for rental purposes;
(c) The design of the unit and its compatibility with other nearby development;
(d) The anticipated useful life of the unit; and
(e) Whether the applicant would voluntarily enter into a binding agreement that the unit shall not be allowed to remain on the site after a set number of years.
(E) Persons with disabilities. After having received a complete written application, the Board of Appeals shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Board of Appeals are necessary to provide a “reasonable accommodation” under the Americans With Disabilities Act and/or the Federal Fair Housing Act and/or applicable state law, as amended, to serve persons who the applicant proves have “disabilities” as defined in and protected by such laws.
(Ord. —, passed 5-13-1997; Am. Ord. —, passed 8-8-2000; Am. Ord. —, passed 4-30-2002; Am. Ord. —, passed 8-5-2003; Am. Res. 2021-10, passed 10-19-2021)