§ 9-804. Special exceptions.

   (a) Scope of section. -- This section applies only to an application for a special exception for:

   (1) an asphalt plant;

   (2) a concrete plant;

   (3) sand and gravel washing, crushing, or screening; or

   (4) surface mining.

(b) Appeals. --

   (1) Notwithstanding Title 4, Subtitle 3 of this article, the county commissioners may hear and decide a special exception under an appeal filed by a property owner who is aggrieved by a decision of the board of appeals on the special exception.

   (2) The county commissioners shall hear and decide an appeal of a special exception in accordance with rules and procedures adopted by the county commissioners.

(c) Judicial review. -- If the county commissioners adopt rules and procedures for considering a special exception under this section, the decision of the county commissioners to grant, deny, modify, or remand the application for the special exception is a final decision for which judicial review may be requested in the circuit court under Title 4, Subtitle 4 of this article.

HISTORY: An. Code 1957, art. 66B, § 14.05(d); 2012, ch. 426, § 2.