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(a) In addition to the authorization given to the Board of Appeals to hear and decide petitions for special exceptions under Section 59-A-4.11, the Hearing Examiner may hear and decide petitions for special exceptions for the following uses:
(1) Boardinghouses for 3 guests or fewer in the R-30, R-20, and R-10 zones.
(2) Home occupations in the R-30, R-20, or R-10 zones.
(3) Noncommercial riding stable for not more than 2 horses, for personal or family use, in the RE-2 zone.
(4) Temporary structures, in residential zones.
(5) Renewals of temporary special exceptions originally granted by the board, director, or hearing examiner for boardinghouses and home occupations.
(6) Farm Tenant mobile homes, for more than one but less than 4; provided such farm tenant mobile homes meet the definition established for such uses by this chapter and that such uses are not within 200 feet of a non-farm residence.
(7) Child day care facilities for up to 30 children.
(8) Accessory apartments.
(b) Petitions for special exceptions filed under this section are subject to section 59-A-4.4 as if they were filed with the Board. The County Council must set the filing fee for each petition filed with the Hearing Examiner to reasonably cover the cost of processing the petition.
(c) The Hearing Examiner must hold a public hearing before making a decision regarding any petition for special exception filed. Notice of the public hearing and of the subsequent decision must be provided in accordance with the notice, posting and advertising requirements in section 59-A-4.46. The public hearing on any such petition must be held not sooner than 30 days following the date of mailing of such notice. It is not necessary to make a verbatim record of a hearing before the Hearing Examiner.
(d) The Hearing Examiner may continue a hearing as provided in section 59-A-4.46.
(e) The decision of the Hearing Examiner must be based on the evidence presented at the hearing. The decision must be in writing and must contain a statement of the grounds and the findings on which it is based.
(f) A petition for special exception is subject to the same limits on refiling for the same property as provided in section 59-A-4.123 for cases filed with the Board.
(g) Any person, board, association, corporation or official aggrieved by a decision of the Hearing Examiner under this section may, within 10 days after the decision is rendered, appeal the decision to the County Board of Appeals, which must review the decision as an administrative appeal based on the record compiled by the Hearing Examiner. The Board may hear oral argument on the record. The oral argument, if granted, must not take place sooner than 30 days after the notice of filing of the appeal is mailed under Section 59-A-4.46. The Hearing Examiner must comply with the prehearing submission requirements of Chapter 2A. The Board, after considering the evidence of record, may affirm, reverse, or modify the Hearing Examiner's decision or remand the matter for further proceedings.