In compliance with the provisions of the Land Use Article, Subtitle
3 of the Annotated Code of Maryland, the Board of Appeals of the Town
of Princess Anne is hereby created. The membership of said Board,
its terms of office, succession, removal, filling of vacancies, compensation,
if any, and their powers and duties shall be as provided in said Land
Use Article, Title 4, Subtitle 3 of the Annotated Code of Maryland.
A.
The Board shall organize and adopt rules in accordance with the provisions
of this chapter. Meetings of the Board shall be held at the call of
the Chair and at such other times as the Board may determine.
B.
The Chair or, in his or her absence, the Acting Chair may administer
oaths and compel the attendance of witnesses.
C.
All meetings of the Board shall be open to the public.
D.
The Board shall keep minutes of its proceedings showing the vote
of each member upon each question or, if absent or failing to vote,
indicating such fact and shall keep records of its examinations and
other official actions, all of which shall be immediately filed in
the office of the Board and shall be a public record.
E.
All actions of the Board shall be in accord with its rules of procedure.
A.
The Board of Appeals shall have the following powers and duties:
(1)
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Code
Enforcement Officer under the provisions of this chapter.
(2)
To hear and decide special exceptions to the terms of this chapter.
(3)
To authorize, upon appeal in specific cases, such variance from the
terms of this chapter as will not be contrary to the public safety,
health and welfare and will most nearly accomplish the purpose and
intent of this chapter.
(4)
To grant permissions or permits as required by this chapter.
B.
Under no circumstances shall the Board grant a variance to allow
a use not permissible under the terms of this chapter in the district
involved or any use expressly or by implication prohibited by the
terms of this chapter in said district.
A.
Special exceptions permitted. It is the duty of the Board of Appeals
to evaluate all such special exceptions herein authorized and to decide
in each case, under the standards set forth below, whether or not
each special exception does in fact meet the Town's presumed
compatibility for the location and area in which it is located.
B.
Criteria for approval. A special exception may be granted when the
Board of Appeals finds from a preponderance of the evidence produced
at a public hearing, where applicable, that:
(1)
The proposed use is consistent with the Comprehensive Plan or a specific
area plan for the physical development of the Town or a portion thereof,
as adopted by the Town.
(2)
The proposed use will not adversely affect the health, safety and
general welfare of the residents or workers in the area.
(3)
The proposed use is compatible with and will not be detrimental to
the use or development of adjacent properties or the general neighborhood.
(4)
The proposed use meets all of the standards set forth for each particular
use for which a special exception may be granted.
(5)
The proposed use has been designed so as to minimize possible adverse
effects on adjacent properties or on the immediately surrounding area.
(6)
The proposed use will not adversely affect the transportation network
or unduly burden water, sewer, school, park, stormwater management
areas, including streams, or other public facilities.
(7)
The proposed use will not adversely affect the environmental, archeological
or historical assets of particular interest to the community as may
be identified in any adopted plan of the Town.
C.
Failure to comply with such conditions or restrictions imposed shall
be grounds to render the special exception null and void.
D.
No special exception may be altered, expanded, or modified without
the approval of the Board of Appeals. At such time as an alteration,
expansion, or modification is approved, the Board of Appeals may impose
additional conditions or modify existing conditions and shall evaluate
the expansion or modification of the special exception under the same
criteria as the initial approval.
E.
Setback requirements. Wherever a special exception shall be granted
within a district, the special exception shall conform to the permitted
uses within the district in respect to front, side and rear setback
requirements unless otherwise modified by the Board of Appeals.
F.
The right of the special exception shall remain with the property,
regardless of ownership, provided the use is maintained in conformance
with the conditions imposed by the Board and the special exception
remains in continuous use. A special exception discontinued for more
than 12 consecutive months, whether or not fixtures or equipment are
removed, shall be considered null and void. Any request to reestablish
the use on the property shall be treated as a new case before the
Board.
G.
A decision of the Board of Appeals to grant a special exception shall
be considered void two years from the date of approval unless the
use is established or substantial construction has taken place in
accordance with the terms of the Board's decision. The Board
may extend the two-year time limit if the applicant requests an extension,
in writing, and, prior to the expiration date of the special exception,
detailing the steps that have been taken to establish the use or obtain
a building permit. The applicant must certify that a copy of the extension
request has been sent to all adjoining property owners and to the
addresses given in the official record of the Board of Appeals case
for persons who testified on the original application. The Board shall
provide an opportunity for oral argument if requested by any person
receiving notice of the request for extension. The Board may deny
the request for extension if it finds that changes have taken place
in the circumstances that led to the original decision to grant the
special exception.
A.
Authorization. The Board of Appeals may authorize, upon application in conformance with § 163-21B, a variation or modification from the quantitative numerical requirements of this chapter if such variation or modification would not be contrary to the public health, safety or welfare.
B.
Criteria. In order to vary or modify the noncritical area provisions
of this chapter, the Board of Appeals must determine that the application
meets all of the criteria set forth below.
(1)
Certain unique physical characteristics exist, such as unusual size
or shape of the property or extraordinary topographical conditions,
such that a literal enforcement of the provisions of this chapter
would result in practical difficulty in enabling the applicant to
develop the property;
(2)
The granting of the variance is not based upon circumstances which
are self-created or self-imposed;
(3)
The need must be substantial and urgent and not merely convenient;
(4)
Applicant's grounds are not based on financial difficulty alone;
(5)
The granting of the variance will not be contrary to the public interest
and will not be a detriment to adjacent or neighboring properties;
(6)
The variance will not exceed the minimum adjustment necessary to
relieve the practical difficulty or unreasonable hardship; and
(7)
Greater profitability or lack of knowledge of the restrictions shall
not be considered sufficient cause for a variance.
