Special exceptions.

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    (a)    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)    (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)    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.


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