Guide to the Special Exception Process

Before submitting a special exception, a pre-file is required. Allow approximately three weeks to process a pre-file prior to the special exception application submission. A special exception case number is assigned to the application when it is submitted through the Land Use Navigator (LUN) system. The application is reviewed by a planner for acceptance and is then transmitted to the Office of Administrative Hearings for a hearing date to be assigned. The application is also sent to various local, state, and federal government agencies for review and comments. Applicants for a special exception should generally allow for a minimum of 8 weeks from the date the application is received to the date of the hearing. During this time agencies review the application and provide written comments to the Zoning Division. A planner from the Zoning Administration will review your application along with comment letters from outside agencies prior to formulating a written Findings and Recommendation Report.

IT IS THE RESPONSIBILITY OF THE APPLICANT TO POST THE REQUIRED SIGN(S) ON THE SUBJECT PROPERTY A MINIMUM OF FOURTEEN DAYS PRIOR TO THE DATE OF THE HEARING. The sign(s) are provided by the Research & GIS Section (4th Floor) of the Office of Planning and Zoning. 410-222-7463.

At the hearing, the applicant must present evidence or give testimony to the Hearing Officer that the sign(s) were posted timely and in accordance with County requirements.

The Office of Administrative Hearings will mail a written notice of the date and time of the hearing to the applicant and all property owners within 300 feet of the property which is the subject of the special exception.

An application that is withdrawn after the hearing is advertised shall be considered as having been denied on the date of the withdrawal.

The same property may not be considered for substantially the same application or for a less restrictive use until eighteen months after the date of denial by the Administrative Hearing Officer, the Board of Appeals, or a court, whichever is latest.

After a hearing has been scheduled, the hearing may not be postponed unless a written motion is filed that demonstrates compelling circumstances for a postponement. If the Administrative Hearing Officer grants a postponement, the sign provisions of § 18-16-203 shall be complied with anew, and the Administrative Hearing Officer shall require the person who requested the postponement to pay all costs caused by the postponement. This shall include, but not be limited to all re-advertising costs and the Temporary Hearing Officers fee, if any. Note that a case will not be rescheduled until said fees have been received by the Office of Administrative Hearings.

The Special Exception Hearing is a public hearing presided over by the Administrative Hearing Officer and attended by a planner from the Zoning Administration, the applicant, their representative(s), if any, and any other persons interested in the case (e.g. neighbors, community associations, etc.). Hearings are currently being conducted over the internet via Zoom.

The hearing is conducted in the following order: The Hearing Officer will identify the parties involved in the hearing, will then inquire as to the posting of the sign(s) on the property, then swear in any persons at the hearing who intend to testify on the case. The planner from the Zoning Administration presents their Findings and Recommendation and can be asked questions by the Administrative Hearing Officer and the applicant. The applicant then presents any testimony or evidence as to why the special exception should be granted and may call any witnesses on their behalf. The applicant and any of their witnesses may be asked questions by the Administrative Hearing Officer and the planner from the Zoning Administration. Any persons with opposing or supporting views are then allowed to testify, and can ask questions of any parties at the hearing. The planner and the applicant may ask questions of those witnesses.

An individual may appear on his or her own behalf. A member of a partnership may represent the partnership. A bona fide officer of a corporation, trust, or association may represent the corporation, trust, or association. An officer or employee of a municipal corporation, political subdivision, body or department may represent the municipal corporation, political subdivision, body or department.

A representative of a community or civic association may testify or represent the association provided:

1. The association by resolution gives authority to the individual and,
2. The resolution specifies the views of the association and the name of the representative.

Forms of resolution for the above may be obtained from the Office of Administrative Hearings.

A person may be represented by an attorney at law admitted to practice before the Court of Appeals of Maryland. An attorney acting in a representative capacity shall file with the Administrative Hearing Officer prior to the hearing, written notice of appearance, to include the attorney’s name, office address, telephone number, and the name(s) and address(es) of the person(s) represented.

The Hearing Officer may ask and answer questions to/from any individual, throughout the hearing. All testimony is recorded.

You can assist the Hearing Officer by providing essential information about your request such as dimensions, distances, professional drawings or surveys, and photographs of the subject property wherever possible.

A Special Exception may be granted only if the Administrative Hearing Officer makes the following affirmative findings:

1. The use will not be detrimental to the public health safety, or welfare;
2. The location, nature, and height of each building, wall, and fence, the nature and extent of landscaping on the site, and the location, size, nature and intensity of each phase of the use and its access roads will be compatible with the appropriate and orderly development of the district in which it is located;
3. Operations related to the use will be no more objectionable with regard to noise, fumes, vibrations, or light to nearby properties than operations in other uses allowed under this article;
4. The use at the location proposed will not have any adverse effects above and beyond those inherently associated with the use irrespective of its location within the zoning district;
5. The proposed use will not conflict with an existing or programmed public facility, public service, school, or road;
6. The proposed use has the written recommendations and comments of the Health Department;
7. The proposed use is consistent with the county General Development Plan;
8. The applicant has presented sufficient evidence of public need for the use;
9. The applicant has presented sufficient evidence that the use will meet and be able to maintain adherence to the criteria for the specific use;
10. The application will conform to the critical area criteria for sites located in the critical area; and
11. The administrative site plan demonstrates the applicant’s ability to comply with the requirements of the Landscape Manual.

An applicant for a Special Exception has the burden of proof, the burden of going forward with the evidence and the burden of persuasion with respect to any question of fact.

The Administrative Hearing Officer has thirty days from the close of the hearing to render a decision in the case. Persons attending the hearing, who have signed in, will receive a copy of the Hearing Officer’s decision. Persons interested in obtaining a copy of the written decision should contact the Office of Administrative Hearings at 410-222-1266. The decision will also be available from the Administrative Hearings Decision Archive.

A special exception that is not extended or tolled expires by operation of law unless the applicant within eighteen months of the granting of the special exception (1) obtains a building permit or (2) files an application for subdivision. Thereafter, the special exception shall not expire so long as (1) construction proceeds in accordance with the permit or (2) a record plat is recorded among the land records pursuant to the application for subdivision, the applicant obtains a building permit within one year after recordation of the plat, and construction proceeds in accordance with the permit.

Any person aggrieved by a decision of the Administrative Hearing Officer who was a party to the proceedings may appeal the decision to the County Board of Appeals within thirty days of the date of the Administrative Hearing Officer’s decision. The Board of Appeals can be reached at 410-222-1119.