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Sponsor: Marks
Allows a snowball stand ("permanent or temporary") in DR5.5 zones if:
- on property adjacent to RO
- on property with dual frontage along public roads
- in existence for at least 25 years prior to this act (Quirk added this, apparently to prevent any new one in his district.)
- subject to any additional conditions
This is really bizarre since snowball stands were not allowed in RO. But, since the RO zone allows everything allowed in DR3.5, this bill now allows them in RO (with the restrictions included in the Bill). It is intended to allow the continuing operation of an "iconic" snowball stand on Joppa Rd near Magledt. This property has two "frontages" although there is no actual access to and from Magledt, so one could argue that this really does not comply with the Bill.
This Bill is faulty since it provides no way for a determination of 25 years to be made or for "additional conditions" to be imposed. Any Zoning Regulation allowing a "conditional" use based on such criteria must be by Special Exception or provide some other method for a public hearing, from which the decision can be made or appealed. Further, it is very short-sighted for a Bill to apply only to "snowball stands". How about "snow cones", "ice-cream cones", "slurpies", "frosties", etc.?
This Bill is unconstitutional, since it applies to a single property. (If any other property can be found in the County, it is purely coincidental.)
It is unknown if this Bill was prompted by a citizen complaint concerning this particular case. If so, their rights have been usurped.
The bottom line of this Bill is that a use is being allowed now based on the fact that it has been operating illegally for at least 25 years.
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