§ 21.26.050. Review criteria and findings.

The decision by the Board of Appeals must be based upon written findings with respect to the following:

A.

The establishment, maintenance or operation of the special exception will not be detrimental to or endanger the public health, safety, morals, convenience or general welfare.

B.

The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminish and impair property values within the neighborhood.

C.

The establishment of the special exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

D.

Adequate utilities, access roads, drainage and necessary facilities have been or are being provided.

E.

Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion in the public streets.

F.

The special exception shall, in all other respects, conform to the applicable regulations of the district in which it is located, including any use provisions or standards set forth in Chapter 21.64 and be consistent with the Comprehensive Plan.

G.

In the case of food service establishments, the following additional standards for review apply. The review of the proposed food service operation shall be based upon an analysis of the proposed use's impact in the following areas:

1.

Environmental:

a.

Noise, including the noise of the mechanical equipment and of the patrons while on the premises,

b.

Odors: control of odors from the cooking process and from the storage of garbage,

c.

Trash and litter: the type of trash and garbage the food service operation will generate; the precautions to be taken to prevent littering of the streets.

2.

Traffic:

a.

Streets: adequacy of the street system to handle additional traffic,

b.

Loading/unloading: off-street loading facilities available and adequate to handle the intensity and the type of trucks needed to service the proposed use; if on-street loading facilities are used, whether the use will impede traffic flow,

c.

Parking: adequate parking available either on-site or within the area for employees and patrons.

3.

Neighborhood:

a.

Hours: the hours of operation are compatible with the surrounding commercial and/or residential neighborhood,

b.

Loitering: the measures the restaurant will employ to discourage loitering; whether the type of use is compatible with the surrounding commercial and residential neighborhood.

4.

Adequacy of public facilities:

a.

Water and sewer: excess capacity exists and is available,

b.

Police: police coverage is available,

c.

Fire: the Fire Department has access to the site; sufficient water pressure for firefighting purposes is available and the building meets life safety standards.

5.

Community need: a community need for the use has been established.

H.

An appeal from a decision of the Board of Appeals shall be made to the Circuit Court of Maryland for Anne Arundel County.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012)