Queen Annes County, MD General and Administrative Provisions

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.

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.

(4)

The Commission may:

(a)

Create and fill other offices as it may determine; and

(b)

Designate an employee of the Department to assist the Secretary in recording minutes of meetings and maintaining the records of the Commission.

Meetings.

(1)

The Commission shall:

(a)

Hold at least one regular meeting each month;

(b)

Adopt rules for transactions of business; and

(c)

Keep a record of its resolutions, transactions, findings, and determinations that shall be made available to the public.

Compensation. The members of the Commission shall receive compensation as provided in the budget adopted by the County Commissioners.

§ 18:1-110 Department of Planning and Zoning.

Establishment. The Department of Planning and Zoning is hereby established.

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.

§ 18:1-111 Planning Director.

Appointment.

(1)

The County Commissioners shall appoint the Planning Director.

(2)

The Planning Director shall:

(a)

Be the chief executive and administrative officer of the Department;

(b)

Have at least a master's degree in planning or a related field; and

(c)

Serve at the pleasure of the County Commissioners.

Duties. The Planning Director shall:

(1)

Perform all duties assigned to the Planning Director by this Chapter 18:1;

(2)

Administer and enforce the provisions of this Chapter 18:1;

(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

(5)

Maintain a constant review of the operation of this Chapter 18:1 and make recommendations to the Planning Commission and the County Commissioners as the Planning Director believes are necessary or advisable to:

(a)

Accommodate changed circumstances;

(b)

Improve the administration;

(c)

More adequately carry out the purposes of this Chapter 18:1; or

(d)

Otherwise further good planning and zoning practices in the County.

Authority.

(1)

The Planning Director:

(a)

Shall have the authority conferred by this Chapter 18:1; and

(b)

May adopt rules, procedures, and forms reasonably necessary to exercise that authority or perform the Planning Director's duties.

(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;

(c)

Delegate authority to the Zoning Administrator with respect to particular aspects of the provisions of this Chapter 18:1 relating to the issuance and enforcement of zoning approval under Chapter 18:1, Part 7, Article XXIII;

(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.

§ 18:1-112 Deputy Planning Director.

Appointment.

(1)

The County Commissioners may appoint a Deputy Planning Director.

(2)

The Deputy Planning Director shall:

(a)

Have at least a master's degree in planning or a related field; and

(b)

Serve at the pleasure of the County Commissioners.

Duties and authority.

(1)

The Deputy Planning Director shall perform the duties and exercise the authority assigned by the Planning Director.

(2)

In the absence of the Planning Director, the Deputy Planning Director shall have all duties and authority of the Planning Director.

§ 18:1-113 Zoning Administrator.

Appointment.

(1)

The County Commissioners may appoint a Zoning Administrator.

(2)

The Zoning Administrator shall be classified as a merit employee.

Duties and authority. Subject to the general direction and supervision of the Planning Director, the Zoning Administrator shall:

(1)

Direct and supervise the daily activities of the enforcement, secretarial, and clerical employees of the Department; and

(2)

Perform such other duties and exercise such authority as may be assigned by the Planning Director.

§ 18:1-114 Board of Appeals.

Establishment. The Board of Appeals of Queen Anne's County is hereby established.

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.

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.

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.

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.

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.

§ 18:1-115 Powers of Board.

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)

The power to hear and decide appeals where it is alleged that:

(a)

There is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of Article 66B of the Annotated Code of Maryland or this Chapter 18:1; or

(b)

There is no error in the order, requirement, decision, or determination, but a variance from the literal enforcement of this Chapter 18:1 should be authorized in accordance with the provisions of this article; and

(2)

The power to hear and decide applications for conditional uses, as provided in this Part 7.

Rules.

(1)

The Board may adopt and from time to time amend and supplement rules, consistent with the provisions of Article 66B of the Annotated Code of Maryland and this Chapter 18:1, relating to:

(a)

The form of notices of appeal and applications for conditional use;

(b)

The notice of meetings and hearings; and

(c)

The conduct of hearings and meetings.

(2)

The rules of the Board dealing with such matters that are in effect at the time when this Chapter 18:1 is adopted shall continue in force until new rules are adopted by the Board.

Assistance.

(1)

The Board shall have the power to call upon any employee of the Department or any other County department, official, or employee to assist the Board in the performance of its duties.

(2)

Each such department, official, or employee shall comply with all reasonable requests of the Board.

§ 18:1-116 Meetings of Board.

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.

Conduct of meetings. All meetings of the Board shall be open to the public.

Transcript.

(1)

The Board shall provide a transcript of all proceedings.

(2)

The transcript shall:

(a)

Reflect the vote of each member or alternate upon each question or, as the case may be, the fact that the member was absent or failed to vote;

(b)

Be immediately filed in the office of the Board; and

(c)

Be a public record.

Witnesses and oaths. The Chairman or, if absent, the Vice Chairman or Acting Chairman shall administer oaths and may compel the attendance of witnesses.

§ 18:1-117 Hearings before Board.

When held.

(1)

All hearings with respect to appeals, variances, or applications for conditional use shall be held at a meeting of the Board.

(2)

The rules of the Board shall provide that hearings be held promptly after the filing of an appeal or an application for conditional use.

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.

Appearance. Any party may appear in person or by agent or attorney at any hearing.

Time for decision. The Board shall decide any matter submitted within a reasonable time.

§ 18:1-118 Effect of final decision of Board.

In general. A final decision of the Board may not:

(1)

Authorize or qualify any land, use, or structure not involved in the decision, including lands, uses, and structures adjacent to that involved in the decision, for the same or any other special treatment under the provisions of this Chapter 18:1; or

(2)

With respect to any land, use, or structure involved in the decision:

(a)

Change its use classification under this Chapter 18:1;

(b)

Create any nonconforming use or status; or

(c)

Authorize any other change or use for which an appeal or application is required under this Chapter 18:1.

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.

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.

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.

§ 18:1-119 Appeals.

Right of appeal.

(1)

An appeal may be taken by any person:

(a)

Aggrieved by any decision of the Planning Commission, Planning Director or any other employee of the Department; or

(b)

Seeking a variance from the literal enforcement of this Chapter 18:1.

(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.

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]

Filing.

(1)

An appeal shall be taken by filing a notice of appeal with:

(a)

The Planning Director; and

(b)

The Board of Appeals.

(2)

The notice of appeal shall be accompanied by such fee as may be prescribed by the County Commissioners.

Contents. A notice of appeal shall:

(1)

Contain the name, address, and telephone number of the appellant and a description sufficient to identify the property involved by reference to the Zoning Maps; and

(2)

Specify the grounds for the appeal and the relief sought.

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.

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.

§ 18:1-120 Powers with respect to appeals.

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.

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.

§ 18:1-121 Limitations with respect to variance.

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.

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.

Considerations. Among all other factors that must be considered with respect to the requirements of this section, the Board shall consider:

(1)

The ability to use the property for any reasonable purpose, whether or not such purpose is desired by the appellant, in the absence of the proposed variance;

(2)

The degree to which the proposed variance will affect adjacent property;

(3)

The impact of the proposed variance upon the resource protection provisions of Part 4, Article IX, of this Chapter 18:1; and

(4)

The degree to which the situation might be more properly addressed by amending this Chapter 18:1.

§ 18:1-122 Decisions with respect to variance.

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.

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:

(1)

Increase the number of dwelling units otherwise allowed by this Chapter 18:1 by more than one;

(2)

Increase the otherwise permitted FAR by more than 10%; or

(3)

Allow the use of a lot that is more than 10% smaller than otherwise allowed.

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.

Natural resources. If the natural resource requirements set forth in Chapter 18:1, Part 4, Article IX, are adversely affected, the Board shall give special consideration to the imposition of conditions that involve mitigation of damage to those resources.

§ 18:1-123 Conditional uses.

Procedure. Applications for conditional uses shall be filed, processed, heard, and determined in accordance with the provisions of Part 5, Article XVII, of this Chapter 18:1.

Requirements. In addition to any requirements of Part 5, Article XVII, of this Chapter 18:1, any approval of a conditional use must be based upon findings, expressly stated in the approval, that:

(1)

The conditions concerning that conditional use as detailed in this Chapter 18:1 exist;

(2)

The conditional use conforms to the Comprehensive Plan; and

(3)

The conditional use is compatible with the existing neighborhood.