Sec. 59-G-2.43. Public utility buildings and structures.

   (a)   A public utility building or public utility structure may be allowed by special exception. The findings of this subsection (a) do not apply to electric power transmission or distribution lines carrying in excess of 69,000 volts. For other buildings or structures regulated by this section, the Board must make the following findings:

      (1)   The proposed building or structure at the location selected is necessary for public convenience and service.

      (2)   The proposed building or structure at the location selected will not endanger the health and safety of workers and residents in the community and will not substantially impair or prove detrimental to neighboring properties.

   (b)   A public utility building allowed in any residential zone, must, whenever practicable, have the exterior appearance of a residential building and must have suitable landscaping, screen planting and fencing, wherever deemed necessary by the Board.

   (c)   The Board may approve a public utility building and public utility structure exceeding the height limits of the applicable zone if, in the opinion of the Board, adjacent residential developments and uses will not be adversely affected by the proposed use.

   (d)   Examples of public utility buildings and structures for which special exceptions are required under this section are buildings and structures for the occupancy, use, support or housing of switching equipment, regulators, stationary transformers and other such  devices for supplying electric service; telephone offices; railroad, bus, trolley, air and boat passengers stations; and above ground pipelines.

   (e)   Reserved.

   (f)   In addition to the authority granted by Section 59-G-1.22, the Board may attach to any grant of a special exception under this section other conditions that it may deem necessary to protect the public health, safety or general welfare.

   (g)   Petitions for special exception under this section may be filed on project basis.

   (h)   A petitioner under this section is considered an interested person for purposes of filing a request for a special exception if the petitioner states in writing under oath that a bona fide effort has been made to obtain a contractual interest in the subject property for a valid consideration without success, and that there is an intent to continue negotiations to obtain the required interest or in the alternative to file condemnation proceedings should the special exception be granted.

(Legislative History: Ord. No. 10-69, § 9; Ord. No. 13-27, § 6; Ord. No. 13-76, §1; Ord. No. 14-47, § 1; Ord. No. 14-65, § 2; Ord. No. 15-54, § 11.)

   Editor's note-Section 59-G-2.43(f) is interpreted and held preempted by Article 78 of the Maryland Annotated Code in Howard County v. Potomac Electric Power Company, 319 Md. 511, 573 A.2d 821 (1990).  Both Montgomery County and Howard County required a special exception for installation of the power lines.  Although the Montgomery County Board of Appeals approved a special exception to PEPCO, Howard County denied the application before it, and the company appealed.  The Court of Appeals held that the Public Service Commission Law governing electric companies preempted by implication local regulation of the construction of overhead transmission lines in excess of 69,000 volts.  The special exception requirement, therefore, could not be applied to PEPCO for the construction of the overhead transmission lines.  Section 59-G-2.43(f) is cited in a footnote in Potomac Electric Power Co. v. Montgomery County, 80 Md.App. 107, 560 A.2d 50 (1989).