Singley v. County Commissioners of Frederick County

943 A.2d 636, 178 Md. App. 658, 2008 Md. App. LEXIS 26
CourtCourt of Special Appeals of Maryland
DecidedMarch 4, 2008
DocketNo. 2536
StatusPublished
Cited by10 cases

This text of 943 A.2d 636 (Singley v. County Commissioners of Frederick County) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Singley v. County Commissioners of Frederick County, 943 A.2d 636, 178 Md. App. 658, 2008 Md. App. LEXIS 26 (Md. Ct. App. 2008).

Opinion

DEBORAH S. EYLER, Judge.

The Frederick County Board of Appeals (“Board”) granted a special exception to Sugarloaf Properties, LLC (“Sugarloaf’) to use its 25 ± acre property (“Property”) for a Commercial Greenhouse/Nursery. The Property is situated in the Agricultural Zone.

In the Circuit Court for Frederick County, Susan Singley and other neighbors of the Property (“Protestants”), a total of 54 individuals and one organization, the Eternal Springs Association, brought an action for judicial review, challenging the Board’s decision. The court upheld the decision.

The Protestants are the appellants in this Court. They raise four questions for review, which we have rephrased as follows:

I. Did the Board err in granting the special exception because the proposed use is not a Commercial Greenhouse/Nursery under the Frederick County Code?
II. Did the Board err in granting the special exception because the proposed use does not meet the standard [663]*663set forth in Schultz v. Pritts, 291 Md. 1, 432 A.2d 1319 (1981)?
III. Did the Board err in granting the speeial exception because the requirements of Frederick County Code section 1-19-48(B) were not met?
IV. Did the Board err in granting the special exception because the proposed use does not meet the minimum road frontage requirements of Frederick County Code section l-19-138(e)?

Sugarloaf and the Frederick County Commissioners are the appellees in this Court.

For the following reasons, we shall affirm the judgment of the circuit court.

APPLICABLE ZONING ORDINANCE SECTIONS AND HOLDING OF SCHULTZ V. PRITTS

Frederick County Code (“Code”) section 1-19-48, entitled “Special Exceptions,” provides, in pertinent part:

(B) A grant of a special exception is basically a matter of development policy, rather than an appeal based on administrative error or on hardship in a particular case. The Board of Appeals should consider the relation of the proposed use to the existing and future development patterns. A special exception shall be granted when the Board finds that:
(1) The proposed use is consistent with the purpose and intent of the Comprehensive Development Plan and of this chapter; and
(2) The nature and intensity of the operations involved in or conducted in connection with it and the size of the site in relation to it are such that the proposed use will be in harmony with the appropriate and orderly development of the neighborhood in which it is located; and
(3) Operations in connection with any special exception use will not be more objectionable to nearby proper[664]*664ties by reason of noise, fumes, vibration, or other characteristics than would be the operations of any permitted use not requiring special exception approval; and
(4) Parking areas will comply with the off street parking regulations of this chapter and will be screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
(5) The road system providing access to the proposed use is adequate to serve the site for the intended use.
(C) In addition to the general requirements listed above, uses requiring a special exception shall be subject to the specific requirements for each use outlined in §§ 1-19-876 through 1-19-394 of this Code.
(D) A special exception approval may be granted in accordance with the general and specific requirements enumerated in this section. The Board of Appeals may, in addition to the other requirements imposed under this chapter[,] and is hereby authorized to[,] add to the specific requirements any additional conditions that it may deem necessary to protect adjacent properties, the general neighborhood, and its residents or workers....

Code section 1-19-289 permits the grant of a special exception for “Commercial Greenhouses and Nurseries,” in the Agricultural Zone.

The seminal Maryland case about special exceptions in zoning law is Schultz v. Pritts, supra, 291 Md. 1, 432 A.2d 1319. There, the Court stated:

The special exception use is a part of the comprehensive zoning plan sharing the presumption that, as such, it is in the interest of the general welfare, and therefore, valid. The special exception use is a valid zoning mechanism that delegates to an administrative board a limited authority to allow enumerated uses which the legislature has determined to be permissible absent any facts or circumstances negating the presumption. The duties given the Board are to [665]*665judge whether the neighboring properties in the general neighborhood would be adversely affected and whether the use In the particular case is in harmony with the general purpose and intent of the plan.
Whereas, the applicant has the burden of adducing testimony which will show that his use meets the prescribed standards and requirements, he does not have the burden of establishing affirmatively that his proposed use would be a benefit to the community. If he shows to the satisfaction of the Board that the proposed use would be conducted without real detriment to the neighborhood and would not actually adversely affect the public interest, he has met his burden. The extent of any harm or disturbance to the neighboring area and uses is, of course, material. If the evidence makes the question of harm and disturbance or the question of the disruption of the harmony of the comprehensive plan of zoning fairly debatable, the matter is one for the Board to decide. But if there is no probative evidence of harm or disturbance in light of the nature of the zone involved or of factors causing disharmony to the operation of the comprehensive plan, a denial of an application for a special exception use is arbitrary, capricious, and illegal.

Id. at 11-12, 432 A.2d 1319 (emphasis in original).

After reviewing the case law about adverse effect, the Schultz Court explained:

[A] special exception use has an adverse effect and must be denied when it is determined from the facts and circumstances that the grant of the requested special exception use would result in an adverse effect upon adjoining and surrounding properties unique and different from the adverse effect that would otherwise result from the development of such a special exception use located anywhere within the zone.... [T]he appropriate standard to be used in determining whether a requested special exception use would have an adverse effect and, therefore, should be denied is whether there are facts and circumstances that show that the particular use proposed at the particular location proposed would have any adverse effects above and [666]*666beyond those inherently associated with such a special exception use irrespective of its location within the zone.

Id.

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Bluebook (online)
943 A.2d 636, 178 Md. App. 658, 2008 Md. App. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singley-v-county-commissioners-of-frederick-county-mdctspecapp-2008.