A.
Establishment. The Queen Anne's County Planning Commission
is hereby established.
B.
Powers. The Commission shall have the powers and duties provided in Article 66B of the Annotated Code of Maryland and in this Chapter 18:1.
C.
Membership.
[Amended 9-7-2004 by Ord. No. 04-01]
(1)
The Commission shall consist of seven members.
(2)
Members shall be appointed and vacancies shall
be filled by the County Commissioners in the manner
provided in Article 66B of the Annotated Code of Maryland.
(3)
One member of the County Commissioners may serve as an ex officio member of the Planning Commission for a period up to a period concurrent with the Commissioner's term
of office.
D.
Organization.
(1)
The Commission shall select a Chairman, a Vice
Chairman, and a Secretary, who shall serve for a term of one year.
(2)
The Chairman shall preside at all meetings of
the Commission and perform such other duties as may be provided in
this Part 7.
(3)
In the absence of the Chairman, the Vice Chairman
shall perform the duties of the Chairman.
F.
Compensation. The members of the Commission shall
receive compensation as provided in the budget adopted by the County Commissioners.
A.
Establishment. The Department of
Planning and Zoning is hereby established.
B.
Staff.
(1)
The County Commissioners shall
appoint a Planning Director and other professional, enforcement, secretarial, and clerical staff and other employees necessary for the administration and enforcement of this Chapter 18:1.
(2)
All employees shall receive compensation as
provided by the County Commissioners.
A.
Appointment.
B.
Duties. The Planning Director shall:
(3)
Direct and supervise the activities of all employees
of the Department;
(4)
Attend all meetings of the Planning
Commission and provide reports concerning the activities
of the Department, in such detail as the Planning Commission may require; and
C.
Authority.
(2)
As appropriate, the Planning Director may:
(a)
Assign duties to any employee of the Department;
(b)
Delegate any authority to the Deputy Planning
Director;
(d)
Delegate to any professional employee any authority
that is within the scope of that employee's expertise; and
(e)
Delegate authority with respect to enforcement
to any inspector or other employee to whom duties of enforcement are
assigned.
A.
Establishment. The Board of Appeals of Queen Anne's
County is hereby established.
B.
Powers. The Board shall have the powers and duties provided in Article 66B of the Annotated Code of Maryland and in this Chapter 18:1.
C.
Membership.
(1)
The Board shall consist of three members and
one alternate member, all of whom shall be appointed by the County Commissioners.
(2)
The alternate member shall sit as a member of
the Board in the absence of any regular member.
(3)
In cases where the alternate member is or will
be absent, the County Commissioners may designate
a temporary alternate.
(4)
Members and alternates shall be appointed and
vacancies shall be filled by the County Commissioners in the manner provided in Article 66B of the Annotated Code of Maryland.
D.
Organization.
(1)
The Board shall select a Chairman and a Vice
Chairman, who shall serve for terms of three years.
(2)
The Chairman shall preside at all meetings of
the Board.
(3)
In the absence of the Chairman, the Vice Chairman
shall perform the duties of the Chairman.
(4)
In the absence of both the Chairman and the
Vice Chairman, the member and alternates present shall select an Acting
Chairman.
E.
Records. The Board may designate an employee of the
Department of Planning and Zoning to record the proceedings and maintain
the records of the Board.
F.
Compensation. The members, alternate member, and temporary
alternate members of the Board shall receive compensation as provided
in the budget adopted by the County Commissioners.
A.
In general. Subject to the provisions of this article, the Board shall have the following powers with respect to matters arising under Article 66B of the Annotated Code of Maryland or this Chapter 18:1:
(1)
(2)
The power to hear and decide applications for
conditional uses, as provided in this Part 7.
B.
C.
Assistance.
A.
When held. Meetings of the Board shall be held at
the call of the Chairman and at such other times as may be provided
by the rules adopted by the Board.
B.
Conduct of meetings. All meetings of the Board shall
be open to the public.
D.
Witnesses and oaths. The Chairman or, if absent, the
Vice Chairman or Acting Chairman shall administer oaths and may compel
the attendance of witnesses.
B.
Notice.
(1)
The rules of the Board shall provide for reasonable
notice to the public and to the person who filed
the appeal or application for a conditional use.
(2)
At a minimum, the notice shall be:
(a)
Posted on the property involved with the time,
place, and purpose of the hearing at least 14 days prior to the date
of the hearing; and
(b)
Published in at least one newspaper of general
circulation in the County once a week for at least
two successive weeks prior to the date of the hearing, provided that
the last insertion of the newspaper notice may not be more than eight
days or less than two days prior to the date of the hearing.
C.
Appearance. Any party may appear in person or by agent or attorney at any hearing.
D.
Time for decision. The Board shall decide any matter
submitted within a reasonable time.
A.
In general. A final decision of the Board may not:
B.
Denial. If the Board does not grant the relief or
decision sought by an appeal or application, an appeal or application involving the same property and substantially
the same issues may not be filed prior to one year after the disapproval.
C.
Withdrawal. If any notice of hearing has been published
with respect to any appeal or application and the
appellant or applicant thereafter withdraws the appeal or application prior to the hearing or after hearing and prior to
the decision by the Board, an appeal or application
involving the same property and substantially the same issues may
not be filed prior to six months after the date of the withdrawal.
D.
Effect of section. Nothing in this section shall be
construed to authorize any subsequent appeal or application
that would not be allowed by any general rule of law or construction
relating to the nature and effect of prior determinations by an administrative agency.
A.
Right of appeal.
(2)
Prior to filing an appeal involving
a variance, the person shall, under the procedures set forth in § 18:1-147 of this Chapter 18:1, obtain a determination by the Planning Director or other employee authorized to make the determination that the use involved is not otherwise permissible under the terms of this Chapter 18:1.
(3)
As used in this subsection, "person" includes any officer, department, board, or bureau of the County.
B.
Time for appeal.
(1)
Notice of appeal from an administrative
decision shall be filed within a reasonable time after the decision
from which the appeal is taken, as prescribed by
the rules of the Board of Appeals.
(2)
Unless otherwise prescribed by the rules, appeal shall be taken within 30 days after the date of the
formal written decision from which the appeal is
taken, provided that if the 30th day is a Saturday, Sunday or legal
holiday, the time for appeal shall run until the end of the next day
that is not a Saturday, Sunday or legal holiday.
[Amended 9-7-2004 by Ord. No. 04-36]
E.
Record. After receiving a notice of appeal, the Planning Director or other employee of the
Department of Planning and Zoning with whom it is filed shall transmit
to the Board all papers constituting the record upon which the action
appealed from was taken.
F.
Effect of appeal. An appeal to the Board of Appeals stays all proceedings with respect to the
action from which the appeal is taken, except when
a restraining order is obtained as authorized by Article 66B of the
Annotated Code of Maryland.
A.
In general. In deciding any appeal from an administrative decision, the Board shall have all powers
of the person from whom the appeal is taken and may make such order, requirement, decision, or determination as ought to be made in conformity with Article 66B of the Annotated Code of Maryland and this Chapter 18:1.
B.
Nonvariance appeals. In an appeal that does not involve a variance, the Board may reverse, affirm, or modify, wholly or partly, the
order, requirement, decision, or determination from which the appeal is taken.
A.
In general. The Board shall grant a variance only with respect to matters involving the modification of the density, bulk, or area requirements of this Chapter 18:1, or of the requirement set forth in § 18:1-95B of this Chapter 18:1. No variance is required where a proposed modification
will not cause an existing violation to increase.
B.
Circumstances. A variance may not
be granted unless the Board specifically finds that:
(1)
Literal enforcement of this Chapter 18:1 would result in unnecessary hardship or practical difficulty as the result of specified conditions;
(2)
Those conditions are peculiar to the property
involved;
(3)
Those conditions are not the result of any action
taken by the appellant;
(4)
The variance will not be contrary
to the public interest; and
(5)
Evaluation of alternatives proves variance is required.
C.
Considerations. Among all other factors that must
be considered with respect to the requirements of this section, the
Board shall consider:
A.
Extent of approval. The Board may not authorize a variance that modifies any requirement of this Chapter 18:1 to a degree greater than that minimally required to ameliorate the circumstances referred to in § 18:1-121 of this Chapter 18:1. In any decision authorizing a variance, the
Board shall specifically state the reasons for its finding that the variance does not exceed that minimum.
B.
Density. Except where extraordinary
circumstances of extreme hardship are found to be present and specified
in its decision, the Board may not authorize any variance that would:
C.
Conditions.
(1)
When authorizing a variance, the Board may attach such conditions regarding the location, character,
and other features of the proposed structure or use as it may deem necessary in the public interest and in order to further the purposes of this Chapter 18:1.
(2)
The conditions may include the requirement of covenants and/or guarantees as may be deemed necessary to
insure that the requirements of the authorization will be fulfilled.