[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Table 7-1 summarizes the bodies that make recommendations or decisions on the applications authorized by Chapter 190.
Table VII-1. Development Review Authority
R = Recommendation; D = Decision; A = Appeal
| |||||||
---|---|---|---|---|---|---|---|
Procedure
|
Advisory and Decisionmaking Bodies
| ||||||
County Council
|
Planning Director
|
Planning Commission
|
Board of Appeals
|
Historic Preservation Commission
|
Short-Term Rental Review Board
| ||
County Council Authority
| |||||||
Zoning text amendment
|
D[1]
|
R
| |||||
Zoning Map amendment
|
D[1]
|
R
|
R[2]
| ||||
Establishment of Critical Area boundaries, land use designations,
and Modified Buffer Areas
|
D[1]
|
R
| |||||
Growth allocation in the Critical Area
|
D[1]
|
R
| |||||
Solid waste disposal facility
|
D[1]
|
R
| |||||
Comprehensive water and sewerage plan amendments
|
D
|
R
| |||||
Board of Appeals Authority (Planning Director for specified
minor applications)
| |||||||
Special exception
|
D[3]
|
R
|
D
| ||||
Reasonable accommodation
|
D
| ||||||
Administrative appeal
|
D
| ||||||
Minor modification of nonconforming use
|
D
|
A
| |||||
Expansion of nonconforming use
|
R
|
D
| |||||
Variance
| |||||||
Major
|
D
| ||||||
Minor
|
D
|
R[4]
|
A
| ||||
Planning Commission Authority (Planning Director for specified
minor applications)
| |||||||
Site plan
| |||||||
Major
|
D[3]
|
D
|
A
|
R[7]
| |||
Minor
|
D
|
R[5]
|
A
| ||||
Administrative
|
D
|
A
| |||||
Subdivision
|
Major
|
D
|
A
|
R[7]
| |||
Small-scale
|
D
|
A
|
R[7]
| ||||
Minor
|
D
|
R[5]
|
A
|
R[7]
| |||
Revision plat
|
Major
|
D
|
A
| ||||
Minor
|
D
|
R[5]
|
A
| ||||
Waiver
|
D(6)
|
D(6)
|
A
| ||||
Historic Preservation Commission Authority
| |||||||
Certificate of appropriateness (HDO District)
|
A
|
D
| |||||
Planning Director Authority
| |||||||
Use certificate
|
D
|
R[5]
|
A
| ||||
Nonconforming status certificate
|
D
|
A
| |||||
Interpretations of zoning regulations or maps
|
D
|
R[5]
|
A
| ||||
Sign permit
|
D
|
A
| |||||
Developer agreement
|
D
|
A
| |||||
Short-Term Rental Review Board
| |||||||
Short-term rental license
|
R[8]
|
A
|
D
|
Notes on Table VII-1:
| |
[1]
|
The Critical Area Commission must approve if application is
within or related to the Critical Area.
|
[2]
|
The Historic Preservation Commission must make a recommendation
on use of the Historic Overlay Zone.
|
[3]
|
Minor amendments to a special exception or a major site plan
may be approved by the Planning Director.
|
[4]
|
The Planning Commission makes a recommendation if minor variance
is from Critical Area requirements, impacts the Shoreline Development
Buffer, or varies any requirement by more than 10%. The Planning Director
may request a Planning Commission recommendation on any other minor
variance.
|
[5]
|
The Planning Director may request that the Planning Commission
provide a recommendation.
|
[6]
|
The decisionmaking authority for the related plan makes the
decision on the waiver application.
|
[7]
|
The Historic Preservation Commission provides comments if the
plan impacts an historic resource.
|
[8]
|
The Planning Director may provide a recommendation to the Short-Term
Rental Review Board for new licenses and issues renewal licenses.
|
Applications submitted pursuant to this chapter shall be processed
in accordance with the procedures of this section and any other procedures
established in this chapter for a specific decisionmaking body or
type of application.
54.1
Preapplication meetings.
A.
The purpose of a preapplication meeting is to provide an opportunity
for an applicant or landowner to present the nature of the proposed
application, understand the development review process, discuss any
zoning, infrastructure, environmental and cultural resource characteristics
and issues of a particular property, and identify development alternatives.
B.
A preapplication meeting with the Department of Planning and Zoning
shall be required for site plans, major or small-scale subdivision
plans and STAR Floating District applications and is optional for
all other applications. The meeting shall be scheduled by the Department
of Planning and Zoning at its request or upon request of the applicant.
C.
In addition to the applicant or his representative(s) and the Department
of Planning and Zoning, the meeting shall include appropriate County
reviewing agencies and may include representatives of any other public
agency that may have an interest in or be affected by the proposed
development. All comments provided by reviewing agencies are considered
non-binding.
D.
To facilitate discussion at the preapplication meeting, a concept
plan, a narrative of the land use proposal and any known existing
site conditions shall be submitted to the County.
E.
The meeting may include discussion of the applicant's potential future
plans for the site, including possible subdivision or development
not proposed in the current application.
54.2
Submission of applications.
A.
Application forms and submittals.
1.
The Planning Director shall publish application forms and a checklist
of required information for all applications authorized by this chapter.
2.
The required information for special exceptions, variances and administrative appeals shall include the materials required by Chapter 20 of the Code.
3.
The Planning Director shall have the authority to request additional
information not specifically listed on the application forms to ensure
compliance with this Code.
4.
All applications must be accompanied by required fees in accordance
with the fee schedule established by the County Council.
B.
Review for completeness. Unless otherwise specified in Chapter 190, all proposed development shall be subject to the following:
1.
A complete application accompanied by all required fees shall be
submitted prior to the regularly scheduled meeting of the applicable
advisory or decisionmaking body where the request is considered. The
Planning Director has the discretion to not schedule an application
for the next regularly scheduled meeting if the Planning Director
determines more time is needed to investigate and prepare a review
in order to make an appropriate presentation before the applicable
advisory or decisionmaking body.
2.
All applications shall be submitted to the Department of Planning
and Zoning. The applicant shall submit paper copies of the application
to the Planning Director for staff review of completeness. The Director
may require a greater or fewer number of copies of the plan as it
determines to be appropriate. If produced electronically, an electronic
copy of the required submission materials (plats, plans, exhibits,
studies, reports, legal documents and letters) shall also be included
with each submission in standard digital format as specified by the
Planning Director.
3.
The Planning Director shall determine, within 15 days, if the application
is complete. No application shall be deemed complete unless all the
information required is included, and all filing fees have been paid.
4.
If an application is determined not to be complete, the Planning
Director shall specify those parts of the application which are deficient
and list additional information that must be supplied. No further
action on the application shall be taken until the deficiencies are
remedied and the application shall not be processed until deemed complete.
5.
The Planning Director's determination that an application is deemed
complete is solely for the purpose of determining whether preliminary
information required for submission with the application is sufficient
to allow further processing and shall not constitute a determination
that the application meets requirements for approval and shall not
preclude a request for additional information or materials in the
future to complete the review of the application.
6.
The provisions of this subsection shall not be construed as requiring
an applicant to submit, with the initial application, the entirety
of the information which the reviewing agency may require in order
to take final action on the application.
7.
When the application is determined complete, copies of the application
shall be distributed to the appropriate reviewing agencies or decisionmaking
bodies.
C.
Coordinated processing. If more than one type of application is required
by this chapter for a particular development proposal, the Planning
Director will, to the extent possible, provide for concurrent review
of applications related to the same proposed development or activity.
54.3
Notification of Critical Area Commission.
A.
If an application for a Zoning Map amendment, special exception,
variance, site plan or subdivision plan involves development located
wholly or partially within the Critical Area:
1.
The Planning Director shall send the application to the Critical
Area Commission at least two weeks prior to a scheduled public meeting
before the decisionmaking body for the application.
2.
The Planning Director shall notify the Critical Area Commission of
the decision to approve or deny the application within 10 days of
the decision.
3.
If the application is for a variance to a Critical Area requirement,
the County shall provide the Critical Area Commission with a copy
of the written decision approving or denying the variance within 10
working days after the decision is issued.
B.
Comments received from the Critical Area Commission in response to
an application shall be forwarded to the body considering the application
for its consideration at the public hearing or public meeting. No
final decision shall be made on the application until the County has
received notification that the application was received by the Critical
Area Commission.
C.
Amendments to the Critical Area requirements of this chapter and
applications for growth allocation, if approved by the County Council,
require approval by the Critical Area Commission in accordance with § 190-55.1.D
below.
54.4
Fees.
A.
Fee schedule. The County Council shall establish by resolution a
schedule of fees for applications, licenses and other items for which
a fee is required. Required fees shall be paid at the time of filing.
Processing of an application shall not commence until required fees
are paid.
B.
Third party review. Where the requirements of this chapter for a
particular application or land use authorize an agency, board or commission
of Talbot County to obtain third party review of material submitted
with the application, the cost of such review shall be paid by the
applicant.
54.5
Public notice. Public notice shall be provided of public meetings or hearings required by this chapter as specified below, unless different requirements are specified in this chapter for the particular type of application. Public notice requirements for Board of Appeals hearings are in Chapter 20 of the Code.
A.
Publication of agendas.
1.
An agenda shall be published for public meetings or hearings held
under the provisions of this chapter. The agenda shall be published
prior to the meeting, shall be available to the public in the Department
of Planning and Zoning, and shall be made available through other
means as required by specific provisions of this chapter, by the rules
of procedure of the particular body, or as deemed appropriate by the
Planning Director.
2.
The agenda shall include the date, time and location of the public
meeting or hearing and shall list, for each application, the file
or case number, the location of the property, and the type of application.
B.
Posting, advertising and mailed notice. Where this chapter requires
posting of property, newspaper advertisement, or mailing to adjacent
property owners, the following shall apply:
Table VII-2. Public Notice Requirements
| |||||||
---|---|---|---|---|---|---|---|
1. Posting on Property
|
2. Newspaper Advertisement
|
3. Mailing to Adjacent Property Owners
| |||||
a. Parties responsible; action
| |||||||
Planning Director provides sign; applicant installs sign on
property
|
Department of Planning and Zoning provides text and submits
advertisement to newspaper; applicant bears the cost as part of the
application fee
|
Unless noted otherwise herein, the Department of Planning and
Zoning mails meeting notice to the owners of all adjacent properties.
The notice is mailed to the address to which the real estate tax bill
on the property is sent. Applicant is responsible for providing mailing
list and postage fees.
| |||||
b. Contents of notice
| |||||||
Sign must state that there is a pending zoning application and
provide the telephone number of Planning Office
|
Newspaper advertisement and mailed notice shall state:
| ||||||
i.
|
The date, time and location of the meeting or hearing;
| ||||||
ii.
|
A summary of the purpose of the proceeding in sufficient detail
to inform the public of the nature of the proceeding;
| ||||||
iii.
|
The location of the property, its area, name of owner, file
or case number of the proceeding, and the name of the governmental
body before whom the meeting is to be conducted; and
| ||||||
iv.
|
Other information deemed necessary by the Planning Director
to adequately inform the public of the proceeding.
| ||||||
c. Specifications
| |||||||
i.
|
Minimum sign dimensions: 2 feet by 2 feet
|
Adjacent properties include:
| |||||
ii.
|
Location: within 10 feet of the right-of-way of the most traveled
public road abutting the property, or as assigned by the Planning
Director to maximize public visibility of the sign
|
i.
|
Properties contiguous to the property with which the meeting
is concerned;
| ||||
ii.
|
Properties separated by a road, easement or right-of-way; and
| ||||||
iii.
|
Maintain in a visible location and free from obstruction by
vegetation
|
iii.
|
Properties within 1,000 feet whose line of sight to the subject
property is entirely over water.
| ||||
d. Timing
| |||||||
Post sign at least 15 days prior to the meeting or hearing date;
remove within five days after the conclusion of the last public meeting
or hearing on the application
|
Advertise once in a newspaper of general circulation in the
County; publication date shall be at least 15 days prior to the meeting
date
|
Notices must be postmarked at least 15 days prior to the meeting
or hearing
| |||||
e. Special circumstances
| |||||||
If the applicant is a person other than the owner, the owner's
attorney or agent, and the applicant files an affidavit stating that
the owner is unwilling to permit posting of the sign, the posting
shall be made by the Planning Director.
|
Failure of a person to receive the notice prescribed in this
section shall not impair the validity of the public meeting or hearings.
| ||||||
f. Proof of advertising required
| |||||||
Applicant shall affirm by affidavit that the sign has been continuously
posted in compliance with this section up to the time of the meeting.
|
Department of Planning and Zoning shall provide proof of publication
as part of the official record of the application.
|
Applicants required to mail notice shall submit certificates
of mailing, signature receipts, or comparable proof of mailing to
the Planning Director at least 15 days prior to the hearing.
| |||||
g. Notification for continued hearing
| |||||||
The sign shall be maintained until the close of the hearing
on the case.
|
If a meeting is held and continued, a new newspaper advertisement
shall not be required.
|
If a meeting is held and continued, a new mailing to the adjacent
property owners shall not be required.
|
54.6
General procedures for Board of Appeals applications.
A.
The Board of Appeals shall hear and decide on applications for special
exceptions, variances, expansion of nonconforming uses, and reasonable
accommodation for needs of disabled citizens, as authorized by this
article.
55.1
General procedures.
A.
Types of applications. The County Council is authorized to hear and
decide on the following applications, as authorized by this article:
1.
Amendments to the text of this chapter.
2.
Amendments to the Official Zoning Maps.
3.
Amendments to the Critical Area Maps, which include amendments to
the boundaries of the Critical Area, the Critical Area land management
designations (RCA, LDA and IDA), and Modified Buffer Areas.
4.
Applications for use of growth allocation in the Critical Area.
5.
Applications to establish or enlarge solid waste disposal sites.
B.
Persons authorized to apply.
1.
Amendments to the Official Zoning Maps or the zoning text, including
Zoning Map amendments in the Critical Area that require growth allocation,
may be initiated by the County Council, Planning Commission, or Planning
Director.
2.
In addition to the applications authorized by Subsection B.1 above:
a.
A proposed amendment to the text of this chapter may be submitted
to the Council by any interested person; and
b.
A proposed amendment to a Zoning Map, an application for growth
allocation, or an application for a solid waste disposal site may
be submitted to the Council by a person with a committed financial,
contractual or proprietary interest in the property affected by the
amendment.
3.
For amendments proposed pursuant to Subsection B.2.a or b above,
the Council shall review the proposed amendment and any member of
the Council may determine that:
a.
The subject matter of the text or map amendment has comprehensive
impacts to the general welfare of the County and shall direct staff
to draft or share in the drafting of the proposed amendment; or
b.
The subject matter of the text or map amendment is focused on
a specific land use, zoning or other topic and the Council shall authorize
staff to process the application to be filed by the interested person;
or
c.
The proposed amendment is inherently inconsistent with this
chapter and the general policies of the Comprehensive Plan and shall
not be processed.
C.
Review and decision.
1.
For applications submitted pursuant to Subsection B.1, B.2.a or B.2.b
above, the application shall proceed as indicated below.
2.
The Planning Director shall prepare a staff report and recommendation
on the application and forward it to the Planning Commission.
3.
The Planning Commission shall consider the application and the Planning
Director's recommendation at a public meeting and make a recommendation
based on the factors and standards required for the particular type
of application. The Planning Director shall submit the recommendations
and any pertinent information to the County Council within 60 days
of acceptance of a complete application.
4.
After receiving the recommendations of the Planning Director and
Planning Commission, any member of the Council may introduce legislation;
if no member of the Council introduces legislation, the application
fails.
5.
If any member of the County Council introduces legislation, the public hearing shall be advertised in accordance with the requirements for posting, newspaper publication, and notice to adjacent property owners specified in § 190-54.5 of this article. Notification of adjacent property owners and posting of the property shall not be required for sectional or comprehensive amendments to the Official Zoning Maps or for zoning text amendments.
6.
The Council shall not approve or disapprove an amendment to the Official
Zoning Maps until a site visit has been made by a majority of the
Council members to inspect the physical features of the property and
determine the character of the surrounding area. A site visit shall
not be required for sectional or comprehensive amendments to the Official
Zoning Maps.
7.
Legislation shall be heard in accordance with County Council legislative
procedures.
D.
Approval by Chesapeake Bay Critical Area Commission. These provisions
apply to all applications for amendments to the County's Critical
Area Program, including revisions to the Critical Area requirements
of this chapter, requests for use of growth allocation, and amendments
to Critical Area Maps.
1.
Such applications, if approved by the County Council, shall be submitted
by the County to the Critical Area Commission for approval. By state
law, the Commission has 130 days to act on a request. If no action
is taken in 130 days, the request will be considered approved.
2.
The County's request for approval of amendments to its Critical Area
Program shall include all relevant information necessary for the Critical
Area Commission Chairman and, as appropriate, the Commission, to evaluate
the changes. The Chairman and, as appropriate, the Commission, shall
determine if the program changes are consistent with the purposes,
policies, goals and provisions of the Critical Area Law and the Commission's
criteria.
3.
In accordance with the determination of consistency as outlined above,
the Chairman or, as appropriate, the Commission will:
a.
Approve the proposed program refinement or amendment and notify
the local jurisdiction; or
b.
Deny the proposed program refinement or amendment; or
c.
Approve the proposed program refinement or amendment subject
to one or more conditions; or
d.
Return the proposed program refinement or amendment to the local
jurisdiction with a list of changes to be made.
4.
A request denied by the Critical Area Commission, or returned with
changes to be made, may be reconsidered by the County Council. Such
a request may be revised by the applicant to address the reasons for
Critical Area Commission decision. The revised request shall be submitted
to the Planning Director for reconsideration by the County Council
within 90 days of Critical Area Commission denial. An extension of
the ninety-day deadline may be requested for a specific period of
time, if the applicant can demonstrate, to the satisfaction of the
Planning Director, circumstances beyond the applicant's control.
E.
Effective date. An application approved by the County Council shall
take effect 60 days after the Council bill is passed, and upon approval
by the Critical Area Commission if required.
55.2
Amendments to Official Zoning Maps.
B.
Factors to be considered. The Council shall consider findings of
fact including, but not limited to, the following when making a decision
on a proposed amendment to the Official Zoning Maps:
1.
Consistency with the purposes and intent of the Talbot County Comprehensive
Plan;
2.
Compatibility with existing and proposed development and land use
in the surrounding area;
3.
Availability of public facilities;
4.
The effects on present and future transportation patterns; and
5.
The effect on population change within the immediate area.
C.
Standards for decision.
1.
After a review of the applicable findings, the Council may grant
a Zoning Map amendment based upon one of the following findings:
a.
That there was a substantial change in the character of the
neighborhood or community where the property is located since the
last comprehensive or sectional Zoning Map amendment, such that the
zoning district applied through the comprehensive or sectional amendment
is no longer appropriate to the setting and context of the property;
or
b.
That there was a mistake in the existing zoning classification.
2.
The findings given in Subsection C.1 above shall not be required
to establish a floating or overlay district or to approve a comprehensive
or sectional Zoning Map amendment.
3.
Entitlement to connect to public sewer shall not alone be sufficient
to support a finding of substantial change in the character of the
neighborhood or community where the property is located as set forth
in Subsection C.1.a. above.
4.
The fact that an application for a Zoning Map amendment complies
with all the specific requirements and purposes set forth in this
chapter shall not be deemed to create a presumption that the proposed
amendment would be compatible with surrounding land uses and is not,
in itself, sufficient to require approval.
D.
New application after denial of map amendment.
1.
If an application to amend the Official Zoning Maps is denied, either
in whole or in part, no application shall be submitted to rezone all
or part of the same property for at least one year from the date of
the decision.
2.
The Council may allow an applicant to withdraw an application at
any time. However, if the request for withdrawal is made after publication
of the newspaper notice of the public hearing, no application shall
be submitted to rezone all or part of the same property for at least
one year from the advertised public hearing date, unless the Council
specifies that the time limit shall not apply.
E.
Changing of Official Zoning Maps. The Planning Director shall change
the Official Zoning Maps within 60 days after the adoption of any
amendments and shall provide a copy to the Critical Area Commission
within 120 days.
55.3
County Council permit for solid waste disposal facilities.
B.
Review and decision.
1.
After an application for a solid waste disposal facility is accepted,
the Department of Planning and Zoning shall transmit it to state approval
authorities. The application shall not be scheduled for a public meeting
before the Planning Commission until any additional information required
by state agencies is provided by the applicant.
2.
The Council decision shall be based upon its determination as to
whether the application complies with the requirements of this chapter
and adequately protects and safeguards the public health, safety and
welfare of the inhabitants of the surrounding residences and of the
County.
55.4
Text amendments.
C.
Text amendments to Critical Area provisions.
1.
Amendments to the Critical Area text provisions shall be consistent
with Maryland State Critical Area Law.
2.
Any amendment shall not result in permitting uses that would adversely
affect any wildlife or plant habitats as a result of a use's intrinsic
nature and potential impact.
3.
Proposed amendments shall not be granted if they would allow uses
in the Critical Area that are prohibited by the Critical Area requirements, § 190-15.4.A.
55.5
Growth allocation and reclassification of Critical Area land management
designations.
A.
Purpose. Pursuant to Maryland's Critical Area Law and the County's
Critical Area Program, Talbot County has a limited amount of growth
allocation for development within the Critical Area. Growth allocation
is used when the designation of land in the Critical Area is changed
from a less intense to a more intense land management designation.
B.
Use of growth allocation.
1.
The procedures in this section govern applications to use the County's
growth allocation or to amend the Critical Area land management designation
in the County or specified municipalities.
2.
Growth allocation is used when the County Council revises the designation
of land from RCA to LDA or IDA, or from LDA to IDA. (See § 190-15.3B, Critical
Area Overlay District, for definition of RCA, LDA and IDA).
3.
Growth allocation must also be used to allow expanded lot coverage for certain land uses in the Critical Area, as indicated in the requirements for the applicable land uses in Article IV.
4.
Change in the land designation from RCA to LDA or LDA to IDA will
most often occur in conjunction with a Zoning Map amendment from the
current district to a zoning district allowing more intensive development.
5.
Growth allocation may also be used to reclassify land from LDA to
IDA without amending the Zoning Map, in order to allow more intensive
land use.
C.
Changes in land management designation without growth allocation.
Under limited circumstances, changes in land management designation
can be made without use of the County's growth allocation on the basis
of a mapping mistake. Such reclassifications would only be made pursuant
to an application by the County to the Critical Area Commission, and
would be based on the land uses in existence as of December 1, 1985.
D.
Allowed acreage for growth allocations.
1.
Growth allocation provisions in Maryland's Critical Area Law establish
the following limits for Talbot County: a total of 2,554 acres, equaling
5% of the RCA acreage within the County at the time of the original
Critical Area Program adoption (including incorporated towns) may
be reclassified to a more intense land management designation. The
County has subsequently reclassified 107.62 acres from LDA to RCA.
Therefore, 5%, or an additional 5.38 acres, shall be added to the
County's growth allocation acreage totaling 2,559.38 acres.
2.
Talbot County's Critical Area Program in 1985 assigned a portion
of the County's total growth allocation to the incorporated towns
of Easton, Oxford and St. Michaels, as described below and as distributed
among the towns by Table VII-3:
3.
The remainder of the 2,559.38 acres, or 1,872.38 acres, may be used
for growth allocation in unincorporated areas of the County through
approval by the County Council and Critical Area Commission.
Towns may also apply for use of growth allocation through the
process for supplemental growth allocation (see § 190-55.5.1
below) after their original reserved allocation established in Table
VII-3 has been entirely used. Supplemental growth allocation shall
not exceed a cumulative total of 618 acres.
Table VII-3. Critical Area Growth Allocation Assigned
to Towns: Original Allocation and Amount Remaining in 2018
| ||||
Acres Allowed to be Reclassified from RCA to LDA or IDA
|
Acres Allowed to be Reclassified from LDA to IDA
| |||
Original 1985 Allocation
|
Remaining as of January 1, 2018
|
Original 1985 Allocation
|
Remaining as of January 1, 2018
| |
Reserved for Easton
|
155
|
0
|
24
|
16.49
|
Reserved for Oxford
|
195
|
179.80
|
44
|
38.20
|
Reserved for St. Michaels
|
245
|
173.80
|
24
|
19.13
|
Total
|
595
|
353.581
|
92
|
73.821
|
NOTE:
| |
1
|
Subject to pending applications.
|
E.
Submission and review procedures.
1.
When applicable.
2.
Application requirements. The application shall include:
a.
A concept site development plan;
b.
Appropriate environmental reports, maps and studies to provide
sufficient information to permit the Planning Commission to review
the application for consistency with the proposed Critical Area land
management classification; and
c.
Preliminary comments from the Maryland Department of the Environment,
Department of Natural Resources and the Army Corps of Engineers, for
the resources listed within the growth allocation application to include:
i.
Rare, threatened, and endangered species;
ii.
Forest interior dwelling birds and colonial water birds
iii.
Anadromous fish and their propagation waters and any other aquatic
species located on site;
iv.
Plant and wildlife habitat and historic waterfowl staging and
concentration areas;
v.
Submerged aquatic vegetation;
vi.
Riparian forests and tidal and nontidal wetlands; and
vii.
Natural heritage areas and other historical and cultural resources;
d.
Critical Area Map confirming the land area and land classification
of the growth allocation area;
e.
Verification that the amount of proposed growth allocation indicated
on the Critical Area Map equals the requested number of acres proposed
for deduction from the County's existing allotment of growth allocation.
3.
The concept site plan shall consist of all application items and
requirements listed in COMAR 27.01.02.06-1 to include:
a.
Project name and street address;
b.
Tax Map, grid, parcel and lot number;
c.
Property and project boundaries;
d.
Field run topography and natural features;
e.
For a proposed subdivision, the general location of proposed
lots, structures, and roads;
f.
For a proposed commercial or industrial use, the general location
of proposed structures, stormwater management, paved areas and open
space.
4.
The required environmental report shall consist of all application
items and requirements as listed in COMAR 27.01.02.06-2.
5.
The application shall be submitted and heard in accordance with the
process established in this article for applications to amend the
Official Zoning Map, except that the concept site plan shall be reviewed
concurrently as indicated below.
6.
The Planning Director may circulate the concept site plan to applicable
reviewing agencies for comments.
7.
The zoning application shall not be considered by the Planning Commission
until the Planning Director finds that the development shown on the
concept site plan has the potential to comply with applicable requirements
in subsequent subdivision or site plan review.
8.
The Planning Commission shall make recommendations on the proposed
rezoning, request for growth allocation and concept site plan.
9.
The applicant may revise the concept site plan to address the Planning
Commission's comments and recommendations. The revised application
shall repeat the initial review process and the Planning Commission's
recommendation on the revised application shall be forwarded to the
County Council.
10.
If the County Council approves the application:
11.
Upon approval by the County Council, the County shall request
approval by the Critical Area Commission of the use of a portion of
the County's growth allocation. The County's request shall:
a.
Be accompanied by the approved application with pertinent plans
and environmental reports and studies; and
b.
State how the Council has applied the standards of this section.
The Commission shall ensure that the standards have been applied in
a manner that is consistent with the purposes, policies, goals and
provisions of the Critical Area Law and the criteria of the Commission.
c.
Be accompanied by all information and documentation required
by the Critical Area Commission at the time of submittal for a growth
allocation request, as stated in COMAR 27.01.02.06.
12.
Following approval of the growth allocation request by the County
Council and the Critical Area Commission, the applicant may submit
subdivision or site plan applications for review as provided by this
chapter.
13.
The subdivision or site plan shall be substantially in accordance
with the concept plan approved by the County Council.
a.
The Planning Commission in its approval of the subdivision or
site plan may approve minor deviations from the concept plan resulting
from more detailed engineering and site design.
b.
Significant changes must be approved by the County Council in
accordance with the procedures for the original growth allocation
application.
14.
Reversion of approval.
a.
As a condition of approval, the County Council may require that
a project receiving growth allocation, and not located within a town,
be substantially completed within three years of the date of approval
by the Critical Area Commission, or the zoning may revert to the prior
zoning district upon a recommendation of the Planning Commission and
approval by the County Council.
b.
The Planning Commission shall determine whether a project is
substantially complete, but at a minimum the project must have received
final subdivision recordation or final site plan approval, and completed
all public improvements, such as roads, sewer and water facilities,
in accordance with the approved plans.
c.
Upon receipt of a written request by the property owner or the
applicant, one extension may be granted to the three-year period,
not to exceed three years, upon a recommendation by the Planning Commission
and approval by the County Council.
F.
Standards. In deciding whether to approve or disapprove an application
for amendment to the land management designation and/or growth allocation,
the County Council shall evaluate the applicable components of the
application: the Zoning Map amendment, the revision to the Critical
Area land management designation, requested growth allocation, and
the concept plan. All of the standards given below shall be used in
evaluating the application.
1.
The standards and factors for amendments to the Official Zoning Map
(§ 190-55.2.B and C) shall be used to evaluate any proposed
rezoning.
2.
In addition, the Council shall consider the following factors as
applicable:
a.
Whether applicable requirements of the County's Critical Area Program, Zoning Ordinance and Subdivision Regulations have been met, including the standards for establishment of RCA, LDA and IDA areas established in § 190-15.3.
b.
In addition to meeting the minimum requirements of the Critical
Area Regulations, the project design shall enhance the habitat value
or improve water quality in the area. For example, afforestation may
exceed the 15% requirement or best management practices for stormwater
management may be installed on portions of the site to remain in agricultural
use.
c.
For residential development, a community pier shall be provided
rather than individual piers.
d.
The location, nature, and timing of the proposed growth allocation
in relation to the public interest in ordered, efficient, and productive
development and land use.
e.
Whether the proposed growth allocation, subject to the proposed
concept site plan, will fulfill public purposes through the provision
of public facilities, implementation of Comprehensive Plan strategies,
or advancement of the land use policies and objectives of the Comprehensive
Plan.
3.
The Council may approve the application only if it finds that the
proposed concept site plan will:
a.
Create lots or parcels that maximize opportunities for clustered
development that protect habitat and agricultural resources;
b.
Locate structures to minimize impact on habitat protection areas
and agricultural areas;
c.
Avoid or provide a minimally disturbed Shoreline Development
Buffer;
d.
Minimize soil erosion and runoff;
e.
Maximize protection of eroding shorelines;
f.
Have a minimal impact or cause an improvement to stormwater,
floodplain and stream characteristics;
g.
Avoid or minimize impacts on nontidal wetlands;
h.
Maximize protection of plant and wildlife habitats, particularly
for threatened and endangered species, plant and wildlife common to
the Chesapeake Bay Region, and anadromous fish propagation waters;
and
i.
Maximize protection of forests.
4.
The County Council shall also make findings based on the growth allocation
standards of the Maryland Natural Resources Article § 8-1808.1(c)
and may establish conditions of approval that are consistent with
the intent of the County's Critical Area Program.
5.
The fact that an application for growth allocation complies with
the specific requirements and standards shall not be deemed to create
a presumption that the proposed growth allocation would be compatible
with surrounding land uses, and is not, in itself, sufficient grounds
to require approval.
G.
Calculating area of growth allocation. The following standards shall
be used to determine the area of growth allocation used when the designation
of a parcel or a portion of a parcel is changed through the growth
allocation process:
1.
The acreage of an entire parcel, not in tidal wetlands, must be deducted
from the County's growth allocation, unless the development envelope
concept outline in Subsection G.2 below is used.
2.
A development envelope may be specified, and the acreage of the development
envelope rather than the acreage of the entire parcel shall be deducted
from the County's growth allocation, if the development envelope meets
the following criteria:
a.
The development envelope shall include proposed lots, required
buffers, lot coverage, roads, utilities, stormwater management measures,
on-site sewage disposal measures, any areas subject to human use such
as active recreation areas, and any additional acreage needed to meet
the development requirements of the criteria. The required buffers
refer to the Shoreline Development Buffer and the twenty-five-foot
nontidal wetlands buffer.
b.
Only one development envelope shall be established per parcel
of land.
c.
If a development envelope is proposed in the RCA, a minimum
of 20 acres must remain outside of the development envelope or the
acreage of the entire parcel must be deducted. If the original parcel
in the RCA is less than 20 acres, then the acreage of the entire parcel
must be deducted. If there is a permanently protected Resource Conservation
Area (an area protected by easement) adjacent and contiguous to a
delineated area of remaining land that is less than 20 acres, that
will result in a minimum twenty-acre area of remaining land, then
the entire parcel does not have to be deducted.
d.
The minimum twenty-acre remaining land outside of the development
envelope may be developed at an RCA density unless some type of permanent
protection exists that restricts development.
3.
For growth allocation proposed in the RCA, the acreage within the
300-foot naturally vegetated setback referred to in § 190-15.3.I.6
shall not be deducted even if the buffer does not meet the twenty-acre
requirement.
H.
Guidelines for annual use of growth allocation acreage. Except in
conjunction with a County comprehensive or sectional amendment, within
any one calendar year, Zoning Map amendments requiring growth allocation
should not exceed the following acreages:
I.
Supplemental growth allocation within towns.
1.
If a town has used all of the growth allocation designated for its
use by Table VII-3, the town may apply for supplemental growth allocation
which, if granted, shall be subtracted from the County total growth
allocation.
2.
Upon request for supplemental growth allocation by a town, the County
Council may transfer growth allocation to the town, and may impose
conditions, restrictions, and limitations upon the use of the supplemental
growth allocation as the Council considers appropriate. Such requests
shall comply with the following requirements.
3.
Application process.
a.
Application filed with town. The applicant proposing to use
the growth allocation shall file the application with the town. In
addition to complying with all town requirements, the applicant shall
provide the information required by this section (See § 190-55.5E, Submission
and review procedures, in this section) and shall comply with the
design standards of this chapter. The town shall forward the application
to the County Council for consideration within five working days.
b.
Review. The planning staff and Planning Commission shall review
the application in accordance with the procedures required by this
article for growth allocation and Zoning Map amendments, except that
municipal and County staff reports shall be forwarded to the Planning
Commissions of both jurisdictions, and the planning staff shall schedule
a joint hearing on the application before the Planning Commissions
of both jurisdictions. The Chairperson of each Planning Commission
shall co-chair the hearing. Each Planning Commission shall vote separately
and make its recommendations to its respective council or commission.
Each Planning Commission shall provide a copy of its recommendations
to the other jurisdiction.
c.
Hearing and decisions. The County and town councils or commissions
shall hold a joint hearing on the application, co-chaired by the designated
Chairperson of each council or commission which may be coordinated
jointly with the Critical Area Commission. The County and municipal
councils or commissions shall make their respective decisions separately
as independent entities. The County Council shall evaluate the application
in accordance with § 190-55.5.F, Standards, in this section.
d.
Amendments to approved projects. Any substantive amendment to
the concept plan for an approved project shall be subject to County
Council review and approval for a period of five years following the
date of initial approval.
J.
County review of town growth allocation requests.
1.
Review of growth allocation for property already within towns.
a.
Growth allocation requests for property within a town that has
been annexed within five years of the request shall be reviewed by
the County for consistency with the County Comprehensive Plan.
b.
Growth allocation requests for property that has been in the
town for more than five years prior to the request does not require
review by the County; however, the town shall inform the County of
the rezoning and growth allocation to ensure that the total reserve
acres, listed above, are not exceeded.
2.
Growth allocation requests for property to be annexed.
a.
"Designated growth areas" are areas of the County that the Comprehensive
Plan recommends for annexation by a town prior to rezoning and development.
Annexation requests for property in designated growth areas shall
be reviewed by the County for consistency with the County Comprehensive
Plan and shall be subject to all current ordinances regulating annexations.
b.
The County shall not act on a rezoning request within a designated
growth area until an annexation request for the property has been
denied by the town or until 12 months after an annexation request
for the property has been submitted to the town, whichever occurs
first. If the County approves a rezoning request for property that
is within a designated growth area and requires growth allocation,
the acreage of the property rezoned shall be subtracted from the acres
reserved for the Town for growth allocation in Table VII-3 above.
K.
Land uses in RC District requiring growth allocation for expansion. Certain uses in the RC District listed in Article IV, Land Uses, are permitted to increase lot coverage only with issuance of growth allocation. The process listed below for granting growth allocation for specific RC uses is in addition to the growth allocation requirements listed in § 190-55.5E through H:
[Amended 5-28-2019 by Bill No. 1411]
1.
Application for growth allocation shall accompany an application
for site plan approval.
2.
The application shall be reviewed in accordance with the procedures
and standards for major site plans within the Critical Area.
3.
When the Planning Director determines that the site plan can proceed
to Planning Commission review, the Planning Commission shall review
the application and the Department of Planning and Zoning staff report
for both the site plan and the application for growth allocation at
a public meeting.
4.
Upon approval of the site plan, the Planning Director shall forward
the site plan and the recommendations of the Planning Director and
Planning Commission on the growth allocation request to the County
Council.
5.
After receiving the recommendations of the Planning Director and
the Planning Commission, the Council shall hold a public hearing.
6.
In deciding whether to approve or disapprove an application for growth
allocation for expansion of specific uses in the RC District, the
Council shall consider the following:
a.
Consistency with the purposes and intent of the Talbot County
Comprehensive Plan;
b.
Compatibility with existing and proposed development and land
use in the surrounding area;
c.
Availability of public facilities;
d.
The effects on present and future transportation patterns;
e.
The effect of population change within the immediate area;
f.
The past, present, and anticipated need for future growth of
the County as a whole;
g.
The location, and nature of the proposed use and/or expansion
of the use; and
h.
The protection of the public health, safety and welfare.
7.
The fact that an application for a growth allocation complies with
all the specific requirements and purposes set forth in this chapter
shall not be deemed to create a presumption that the proposed growth
allocation would in fact be compatible with surrounding land uses
and is not, in itself, sufficient to require approval.
56.1
Purpose and authority.
A.
Special exception uses or activities are considered appropriate with
additional standards and conditions to ensure that the use is suitable
on a particular site, to protect abutting landowners and to preserve
the character of the area. These uses require detailed review of a
particular location, design and configuration to determine, against
specific standards, the desirability of permitting their establishment
on a proposed site.
56.2
Standards.
A.
General standards. A special exception may be granted only when the
Board of Appeals finds from a preponderance of the evidence that the
proposed use will satisfy all of the following standards:
1.
The use will be consistent with the purposes and intent of the Talbot
County Comprehensive Plan.
2.
The use will comply with the standards of the zoning district in
which it is located except as those standards may have been modified
by the granting of a variance.
3.
The scale, bulk and general appearance of the use will be such that
the use will be compatible with adjacent land uses and with existing
and potential uses in its general area and will not be detrimental
to the economic value of neighboring property.
4.
The use will not constitute a nuisance to other properties and will
not have significant, adverse impacts on the surrounding area due
to trash, odors, noise, glare, vibration, air and water pollution,
and other health and safety factors or environmental disturbances.
5.
The use will not have a significant adverse impact on public facilities
or services, including roads, schools, water and sewer facilities,
police and fire protection or other public facilities or services.
6.
The use will not have a significant adverse effect upon marine, pedestrian
or vehicular traffic.
7.
The use will not produce traffic volumes which would exceed the capacity of public or private roads in the area or elsewhere in the County, based on the road classifications established in Chapter 134, the Talbot County Roads and Bridges Ordinance, and other applicable standards for road capacity.
8.
Any vehicle access to proposed off-street parking areas and drive-in
facilities will be designed to minimize conflicts between vehicular,
bicycle and pedestrian traffic and to minimize impacts on adjacent
properties and on public or private roads. In addition, any resulting
commercial and truck traffic should not use a residential street nor
create a hazard to a developed residential area.
9.
The use will not significantly adversely affect wildlife with respect
to the site's vegetation, water resources, or its resources for supplying
food, water, cover, habitat, nesting areas, or other needs of wildlife.
10.
The use will not significantly adversely affect adjacent existing
agricultural uses.
B.
Requirements for specific land uses. In addition to the general standards
for special exceptions, the Board of Appeals shall determine whether
the requirements listed below have been met. The Board shall consider
the recommendation of the Planning Commission regarding these criteria.
C.
Special exceptions for wireless communications towers and small wind
turbine production facilities.
1.
A special exception or special exception amendment may be granted
for a wireless communications tower or small wind turbine production
facility only when the Board of Appeals finds from a preponderance
of the evidence that the proposed use will satisfy the standards of § 190-56.2.A.1,
2 and 5 through 10.
2.
For wireless communication towers:
a.
The Board of Appeals shall define as a condition of approval
the type(s) of service to be provided and a time schedule for commencement
of services upon construction. Amendments to this condition shall
require review and approval by the Board.
b.
The Board of Appeals must find and conclude that, consistent
with the Telecommunications Act of 1996, any decision to deny an application
to place, construct or modify a wireless telecommunications tower
is supported by substantial evidence contained in the written record.
56.3
Modification. Approved special exceptions may be modified as follows:
A.
Minor modifications.
1.
The Planning Director may authorize the following minor modifications
to an approved special exception:
a.
Minor modifications in the size and location of drainageways,
driveways, landscape elements or other similar features based on technical
or engineering considerations.
b.
Minor modifications to the shape or bulk of buildings, provided
the modified dimensions comply with all requirements of the zoning
district and do not allow buildings closer to property lines or otherwise
adversely affect neighboring properties.
c.
The addition of minor accessory uses or structures that do not
result in an increased impact on neighboring properties.
B.
Expansion and major modifications.
1.
The Board of Appeals may approve expansions and major modifications,
as specified below, in accordance with the procedures for the original
special exception approval:
C.
Amendments to conditions of approval. No amendment to a condition
of approval imposed by the Board of Appeals shall be considered except
on grounds of new evidence or proof of change of conditions.
56.4
Expiration of a special exception. A special exception shall lapse
and become null and void 18 months following the date on which it
was approved, unless:
A.
Prior to the expiration date, construction is commenced and diligently
pursued toward completion; or
B.
The use for which the permit was granted is commenced within 18 months;
or
C.
An application for renewal is granted by the Board of Appeals prior
to the expiration date for not more than one eighteen-month period.
56.5
New application after denial or revocation of a special exception.
Following the denial or revocation of a special exception, no application
for a special exception for the same use on the same premises shall
be filed within one year from the date of denial or revocation, except
on grounds of new evidence or proof of change of conditions.
56.6
Transfer to subsequent owner. A special exception use that has been
in continuous operation shall be transferable, without formal or written
confirmation, to subsequent owners of a property. Any conditions attached
to the approval are binding on subsequent owners of the site.
57.1
Purpose and authority.
A.
This section provides standards for the Board of Appeals to apply
to administrative appeals for alterations to residences and businesses,
where such alterations are for the benefit of disabled persons and
would not be possible under the requirements of this chapter.
B.
Notwithstanding any other provision of this chapter, the Board of
Appeals may make reasonable accommodations for the benefit of disabled
persons upon application by a property owner.
57.2
Standards. An applicant shall have the burden of demonstrating by
a preponderance of the evidence that:
A.
The alterations will benefit persons with a disability within the
meaning of the Americans with Disabilities Act;
B.
Literal enforcement of the requirements of this chapter would result
in discrimination by virtue of such disability or deprive a disabled
resident or user of the reasonable use and enjoyment of the property;
C.
A reasonable accommodation would reduce or eliminate the discriminatory
effect of the requirements or restore the disabled resident's or user's
reasonable use or enjoyment of the property;
D.
The accommodation requested will not substantially impair the purpose,
intent, or effect of the requirements of this chapter as applied to
the property; and
E.
If the property is located in the Critical Area, the accommodation
would:
1.
Be environmentally neutral with no greater negative impact on the
environment than the literal enforcement of the statute, ordinance,
regulation or other requirement; or
2.
Allow only the minimum environmental changes necessary to address
the needs resulting from the particular disability of the applicant/appellant.
57.3
Board of Appeals decision.
A.
The Board of Appeals shall determine the nature and scope of accommodation
under this section and may award different or other relief than requested
after giving due regard to:
B.
Upon termination of the need for any accommodation, the Board of
Appeals may require, as a condition of approval, that the property
be restored to comply with all applicable requirements.
58.1
Authority.
A.
The Board of Appeals or the Planning Director may authorize a variation
or modification from the bulk requirements or numerical parking standards
of this chapter subject to the standards given in this section.
B.
The Planning Director shall make decisions on minor variances as
described in this section. The Planning Director's decision may be
appealed to the Board of Appeals.
C.
All other variances shall be heard and decided by the Board of Appeals.
E.
The Board of Appeals or Planning Director may impose conditions on
the use or development of a property related to the granting of a
variance.
58.2
Minor variances.
A.
Authority and limitations. A minor variance may be granted by the
Planning Director for:
1.
Vertical
expansion of nonconforming buildings within the front, side or rear
lot line setbacks, if the expansion:
[Added 7-9-2019 by Bill No. 1415[1]]
a.
Does
not increase lot coverage within the setback;
b.
Is
no closer to the property line than the existing walls; and
c.
Complies
with all other requirements of this chapter.
[1]
Editor's Note: This bill also redesignated Subsection A.1
and 2 as Subsection A.2 and 3.
2.
A request to vary any bulk requirement in an amount not to exceed
15% of the stated requirement; and
3.
A minor expansion of a nonconforming structure, provided the proposed
expansion complies with the limits established in § 190-50.3.C.
B.
Planning Commission recommendation.
1.
A recommendation from the Planning Commission shall be required for
a minor variance for:
a.
A request that varies any bulk requirement by 10% and no more
than 15%; or
b.
Minor expansion of a nonconforming structure if the requested
variance is from a Critical Area requirement; or
c.
Minor expansion or relocation of a nonconforming structure if
the area of expansion or relocation is within the Shoreline Development
Buffer.
2.
The Planning Director may request a recommendation from the Planning
Commission for minor variance applications other than those listed
in Subsection B.1 above.
C.
Planning Director decision. The Planning Director shall approve or
deny a minor variance pursuant to the standards for variances provided
below. The Planning Director's decision may be appealed to the Board
of Appeals.
58.3
Standards for variances to non-Critical Area provisions. In order
to vary or modify the non-Critical Area provisions of this chapter,
the Planning Director or Board of Appeals must determine that the
application meets all of the following criteria:
A.
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 or unreasonable hardship in enabling the applicant
to develop or use the property;
B.
The need for the variance is not based upon circumstances which are
self-created or self-imposed;
C.
Greater profitability or lack of knowledge of the restrictions shall
not be considered as sufficient cause for a variance;
D.
The variance will not be contrary to the public interest and will
not be a detriment to adjacent or neighboring properties; and
E.
The variance shall not exceed the minimum adjustment necessary to
relieve the practical difficulty or unreasonable hardship.
58.4
Standards for variances to Critical Area provisions.
A.
Standards. In order to grant a variance to provisions of the Critical
Area Overlay District, the Planning Director or Board of Appeals must
determine that the application meets all of the following criteria:
1.
Special conditions or circumstances exist that are peculiar to the
land or structure such that a literal enforcement of the provisions
of this chapter would result in unwarranted hardship.
2.
A literal interpretation of the Critical Area requirements will deprive
the property owner of rights commonly enjoyed by other property owners
in the same zoning district.
3.
The granting of a variance will not confer upon the property owner
any special privilege that would be denied by this chapter to other
owners of lands or structures within the same zoning district.
4.
The variance request is not based on conditions or circumstances
which are the result of actions by the applicant, including the commencement
of development activity before an application for a variance has been
filed, nor does the request arise from any condition relating to land
or building use, either permitted or nonconforming, on any neighboring
property.
5.
The granting of the variance will not adversely affect water quality
or adversely impact fish, wildlife, or plant habitat, and the granting
of the variance will be in harmony with the general spirit and intent
of the state Critical Area Law and the Critical Area Program.
6.
The variance shall not exceed the minimum adjustment necessary to
relieve the unwarranted hardship.
7.
If the need for a variance to a Critical Area provision is due partially
or entirely because the lot is a legal nonconforming lot that does
not meet current area, width or location standards, the variance should
not be granted if the nonconformity could be reduced or eliminated
by combining the lot, in whole or in part, with an adjoining lot in
common ownership.
B.
In considering an application for a variance to Critical Area requirements,
the Board of Appeals or Planning Director shall:
1.
Presume that the specific development activity in the Critical Area
for which a variance is required does not conform with the general
purpose and intent of the Natural Resources Article, Title 8, Subtitle
18, COMAR Title 27, and the requirements of the County's Critical
Area Program. The applicant has the burden of proof to overcome this
presumption of nonconformance.
2.
Make written findings, based on competent and substantial evidence,
as to whether the applicant has overcome the presumption of nonconformance
established in Subsection B.1 above; and
3.
Base the written findings on evidence introduced and testimony presented
by the applicant, the County or any other government agency, or any
other person deemed appropriate by the County, with due regard for
the person's experience, technical competence, and specialized knowledge.
C.
If the Board of Appeals or Planning Director finds that the activity
or structure for which a variance is requested commenced without permits
or approvals and:
1.
Does not meet each of the variance criteria under this subsection,
the Board of Appeals or Planning Director shall deny the requested
variance and order removal or relocation of any structure and restoration
of the affected resources; or
2.
Does meet each of the variance criteria under this subsection, the
Board of Appeals or Planning Director may grant approval to the requested
variance.
D.
The County shall not issue a permit for the activity that was the
subject of the variance to a Critical Area requirement until the thirty-day
appeal period has elapsed.
58.5
Modification. Approved variances may be modified as follows.
A.
Minor amendments. The Planning Director may authorize the following
minor amendments to an approved variance:
1.
Minor amendments in the size and location of drainageways, driveways,
landscape elements or other similar features based on technical or
engineering considerations.
2.
Minor amendments to the shape or bulk of buildings, provided the
modified dimensions comply with all requirements of the zoning district
except the varied dimension, do not increase the variance amount,
do not increase the area or bulk of the building portion requiring
the variance, or otherwise adversely affect neighboring properties.
3.
The addition of minor accessory uses or structures that are on the
same site but do not require a variance.
B.
Expansion and major amendments. The Board of Appeals may approve
expansions and major amendments, as specified below, in accordance
with the procedures for the original variance approval:
1.
Expansion or enlargement that increases the amount of the variance.
2.
Expansion or enlargement that increases the lot coverage or extent
of the improvement requiring the variance.
3.
Modifications to conditions of approval required by the Board of
Appeals.
4.
Other changes to the use, or to the structures or facilities occupied
by the use, deemed by the Planning Director to be major modifications.
C.
Amendment to condition of approval. No amendment to a condition of
approval imposed by the Board of Appeals shall be considered except
on grounds of new evidence or proof of change of conditions.
58.6
Expiration. A variance shall be implemented within 18 months following
the date of approval. Upon written request on a form provided by the
Department of Planning and Zoning, before expiration of the initial
time limit and for good cause shown, the approving authority may extend
the variance approval for not more than one like period. Failure to
implement the approval within the prescribed time voids the approval.
59.1
Purpose and authority.
A.
Use certificates approved by the Planning Director provide a means
for administrative review and approval of temporary uses and certain
land uses that require periodic approval or are permitted subject
to compliance with conditions.
59.2
Procedures.
A.
An application for a use certificate may require a plot plan or,
if applicable, copies of the approved site plan. The Planning Director
shall send the application to other agencies having jurisdiction over
the proposed use.
B.
The Planning Director may refer the application to the Planning Commission
for its recommendation on conditions or standards necessary to ensure
that the proposed use meets the standards for temporary uses or the
requirements for a particular use.
C.
The Planning Director shall issue the certificate if:
1.
The proposed use complies with all requirements of this chapter.
2.
The proposed use complies with Health Department requirements.
3.
The proposal does not require changes to site improvements such as structures, parking, access and buffering, and does not require site plan review in accordance with § 190-60.2. If a site plan is required, the site plan process shall be followed instead of the use certificate process for the initial approval.
4.
The proposed use received site plan approval and is required to obtain
a use certificate for initiation and continuation of use.
59.3
Revocation. The Planning Director may revoke a use certificate if
requirements of this chapter or conditions of approval are violated.
60.1
Purpose and authority.
A.
The site plan process ensures that proposed development conforms
to the purposes, standards and requirements of this chapter as well
as other County, state and federal requirements applicable to the
use and development of land.
B.
Development activities requiring a site plan shall be carried out only in substantial conformance with an approved site plan and any conditions or restrictions to the site plan approval. Any substantial deviation from the approved site plan, unless revised pursuant to Subsection 60.12[1] of this section, is a violation of this chapter.
[1]
Editor’s Note: With the permission of the County, the
typographical error “58.12” was corrected to read “60.12.”
C.
There are three types of site plans: major, minor and administrative.
60.2
Type of approval required.
A.
Development requiring site plan approval. A site plan shall be required
for the following:
1.
The development, establishment or enlargement of any nonagricultural
use except the uses listed in Subsection B below.
3.
Agriculturally related commercial or industrial uses or structures.
4.
Agricultural structures over 6,000 square feet in gross floor area
if located within 500 feet of a town boundary.
5.
Livestock or poultry houses, or waste storage lagoons or structures,
if located within 1,500 feet of a town boundary, except that a site
plan shall not be required for expansion of an existing livestock
or poultry house, or waste storage lagoon or structure, provided that:
a.
The use or structure was in existence as of July 1, 2003;
b.
The use or structure has been continuous and has not been abandoned
or discontinued for more than one year; and
c.
The municipal boundary in existence as of July 1, 2003, has
been changed through annexation to now include a parcel within 1,500
feet of the existing agricultural facility subject to this requirement.
B.
Development not requiring site plan approval. Unless specified in Article IV, Land Uses, a site plan shall not be required for the following:
C.
Development requiring an administrative site plan. Unless specified otherwise in Article IV, Land Uses, an administrative site plan shall be required for:
1.
A change in use from one approved use to a similar approved use;
and
[Amended 7-9-2019 by Bill No. 1414]
2.
New or expanded accessory structures and outdoor use areas with a
cumulative area of 500 square feet or less, provided that the improvements:
[Amended 7-9-2019 by Bill No. 1414]
3.
The maximum area of 500 square feet shall be measured cumulatively
for all site improvements after the effective date of this chapter.
D.
Development requiring a minor site plan. Unless specified otherwise in Article IV, Land Uses, a minor site plan shall be submitted for a use expansion, building addition or accessory structure for a use requiring a site plan, provided that:
1.
The additional area devoted to the use, including building additions,
accessory structures, and outdoor use areas, is less than 3,000 square
feet;
[Amended 7-9-2019 by Bill No. 1414]
2.
No variances are needed; and
[Amended 7-9-2019 by Bill No. 1414]
3.
The maximum area of 3,000 square feet shall be measured cumulatively
for all site improvements submitted after June 13, 2009.
60.3
Plan submission.
A.
Applications for site plan approval shall be submitted subsequent to a preapplication meeting in accordance with § 190-54.1.
B.
As a result of a preapplication meeting, the Department of Planning
and Zoning shall determine whether the project requires an administrative,
minor or major site plan and shall notify the applicant in writing.
60.4
Review process for administrative site plans.
A.
The Planning Director shall transmit administrative site plan applications
to reviewing agencies for their written comments.
B.
An administrative site plan shall be approved by the Planning Director
upon written concurrence of all appropriate agencies.
C.
Within 30 days of acceptance of a complete application for an administrative
site plan, the Planning Director shall issue a final administrative
decision - notice to proceed that approves, approves with conditions
or denies the plan.
60.5
Review process for major and minor site plans.
A.
Staff/TAC review.
1.
Major and minor site plans may be reviewed through two types of staff-level
plan review meetings:
a.
Technical Advisory Committee (TAC) meetings, for review of initial
or substantially amended site plan submittals; and
b.
Compliance review meetings (CRM), for review of site plans that
have been resubmitted with minor corrections and amendments. The CRM
provides coordinated agency review to ensure that all conditions and
requirements have been addressed before site plan approval.
2.
The Technical Advisory Committee (TAC) shall review all major and
minor site plans. The TAC provides a vehicle for agencies to coordinate
comments on plan applications, to jointly review plans, and to resolve
issues of conflict or common concern. The TAC reviews plans for compliance
with applicable local, state and federal requirements.
3.
All TAC meetings shall be open to the public without public participation.
Interested persons may submit written comments to the Planning Director
within seven days after the TAC meeting.
4.
For major site plans, public notice of the TAC meeting shall be provided
by posting the property and mailing notices to adjacent property owners
in accordance with § 190-54.5.B.
5.
Upon determining that a site plan application is complete, the Planning
Director shall schedule the application for the next available TAC
meeting, and shall send the plan to the TAC agencies and other appropriate
government agencies for review.
6.
The Planning Director shall have the authority to limit the number
of items on the agenda of each TAC meeting.
7.
Within 10 days following the TAC meeting, the Planning Director shall
transmit to the applicant the comments of the reviewing agencies on
the proposed site plan.
a.
If the Planning Director determines that the plan is in substantial
compliance with applicable requirements, the comments from reviewing
agencies shall be transmitted by the Department of Planning and Zoning
to the applicant, and the plan shall be scheduled for a CRM or Planning
Commission meeting as appropriate; or
b.
If the Planning Director determines that the plan is not in
substantial compliance with the applicable requirements, the Department
of Planning and Zoning shall transmit the comments of reviewing agencies
and notify the applicant that he/she must repeat TAC review prior
to proceeding to CRM or Planning Commission.
B.
The applicant must submit a revised site plan addressing the previous
submission agency comments within nine months. If a revised plan is
not submitted within this period, a new site plan application is required.
C.
The steps in Subsection A.5 through A.7 above shall be repeated as
required by the reviewing authority.
60.6
Major site plan procedures.
A.
Community information meeting.
1.
For major site plans the applicant shall hold a community information
meeting, if required by the Planning Director or Planning Commission,
after the preapplication meeting.
2.
The community meeting shall be:
a.
Organized and held by the applicant in a location convenient
to community residents;
b.
Open to all interested persons;
c.
Held no less than 15 days after a notice approved by the Planning
Director is mailed by the applicant to community organizations for
neighboring communities and to the owners of abutting property and
property separated from the site by a road right-of-way;
d.
Used by the applicant to explain the nature of the proposed
development and the anticipated process for County review; and
e.
Summarized in a report included with the site plan submission.
B.
Once the Planning Director determines that the plan is in substantial
compliance with applicable requirements, the Department of Planning
and Zoning shall schedule the plan for the next available public meeting
before the Planning Commission.
C.
Historic Preservation Commission (HPC) review.
1.
The Planning Director, the Planning Commission, or the HPC may request
HPC review of a major site plan if the property shown on the site
plan contains or is contiguous to an historic resource identified
in the Comprehensive Plan or the Maryland Inventory of Historic Properties,
or is contiguous to an Historic Overlay District.
a.
Historic Preservation Commission review of the proposed site
plan shall be at a public meeting.
b.
The Commission may provide written comments to the Planning
Director which addresses the impact of the proposed development on
the historic resource and, if applicable, means of mitigating any
adverse impact.
c.
The Planning Commission shall give consideration to, but shall
not be bound by, comments of the Historic Preservation Commission.
D.
The application shall address the following elements which the Planning
Director shall evaluate in a report to the Planning Commission:
1.
Compliance with the Comprehensive Plan;
2.
Consistency with elements of the Village Master Plan, as applicable;
3.
Compliance with design standards;
4.
Access and traffic circulation;
5.
Effect on surrounding development;
6.
Effect on community facilities;
7.
Impact on historic resources;
8.
Open space; and
9.
Available utilities.
E.
The Planning Commission shall review the application and the Planning
Director's report at a public meeting and approve, disapprove, or
approve the plan subject to conditions. The Planning Commission may
defer action to a subsequent Planning Commission meeting to allow
further review. The Planning Director shall notify the applicant in
writing of the Planning Commission's action.
F.
Revised plan submission based on Planning Commission action.
1.
If the major site plan is disapproved or approved subject to conditions,
the applicant shall submit a revised plan addressing deficiencies
or conditions of approval.
2.
The revised plan shall be reviewed at a TAC meeting or CRM, as deemed
appropriate by the Planning Director. Subsequent to the TAC meeting
or CRM, the Planning Director shall notify the applicant in writing
whether the revised plan addresses deficiencies, is in compliance
with the Planning Commission conditions of approval, or needs further
revision.
3.
If the plan was disapproved by the Planning Commission, the revised
plan may be scheduled for another Planning Commission meeting, subject
to TAC review.
60.7
Bonds and sureties for improvements and plantings. Prior to approval of a site plan, the owner or developer shall enter into a development agreement with the County, as provided in § 190-61, wherein the applicant shall provide financial assurance for construction of required improvements, including installation of required plantings, as approved by the County.
60.8
Notice to proceed.
A.
The Planning Director may approve an administrative or minor site
plan upon concurrence of reviewing agencies.
B.
For a major site plan, after the Department of Planning and Zoning
notifies the applicant that the plan is in compliance with Planning
Commission conditions of approval, as set forth in § 190-60.6.F.2[2] above, the applicant shall submit to the Department of
Planning and Zoning the required number of copies of the final site
plan.
[2]
Editor’s Note: With the permission of the County, the
typographical error “§ 190-60.6.G.2” was corrected
to read “§ 190-60.6.F.2.”
C.
After receiving all required materials, the Department of Planning
and Zoning shall issue to the applicant a final administrative decision
- notice to proceed.
60.10
Review of site plans for uses requiring a special exception.
If a special exception is required for a use shown on a site plan,
the applicant may choose either of the following procedures:
A.
The applicant may submit a special exception application. If the
special exception is approved by the Board of Appeals, the applicant
may then submit the site plan application.
B.
The applicant may submit the special exception application and site
plan application at the same time. The site plan shall be reviewed
in accordance with this section. The special exception application
shall be heard by the Board of Appeals after the Planning Commission
has made a recommendation on the special exception and after the site
plan has received initial review by the approving authority and has
been approved or approved subject to conditions.
60.11
Expiration of approved site plan; extension.
A.
Site plan approval shall expire 12 months after the date of the final
administrative decision - notice to proceed unless building permits
have been obtained for construction.
B.
A single, one-year extension of the approval may be granted by the
Planning Director, with the recommendation of appropriate agencies
or the Planning Commission, as determined by the Planning Director.
The applicant must submit a written request for an extension at least
30 days prior to the expiration of the site plan. The Planning Director
shall issue a decision on the request for an extension within 60 days
of receiving the request.
60.12
Revision of approved site plan. A site plan may be revised by
the same procedures as the original approval. In addition, the Planning
Director may approve minor changes to site plans approved by the Planning
Commission when it is determined that such changes are reasonably
necessary to address issues related to topography, drainage, utilities,
structural safety, final engineering, vehicular circulation, or requirements
of reviewing agencies, and, if such changes:
A.
Comply with the Planning Commission's conditions of approval;
B.
Do not detrimentally alter the impact of the development on natural
or historic resources;
C.
Are internal to the site and do not affect setbacks, landscaping
or buffering along the perimeter of the site;
D.
Do not increase the area of the building by more than 300 square
feet or 10% of the gross floor area, whichever is less;
E.
Do not exceed the maximum lot coverage; and
F.
Do not change the location or design of access points to public roads.
61.1
Purpose. Developer agreements shall be used when a developer is required
to install public or private improvements or plantings as a condition
of approval of a site plan, subdivision plan or other development
approval. A developer agreement is not required if a public works
agreement administered by the Department of Public Works is required
for the improvement.
61.2
Provisions of developer agreements.
A.
The agreement shall be in a manner and form approved by the County
Attorney.
B.
The agreement shall require that the applicant install at his expense
the required improvements or plantings and provide for completion
of work within a given period of time.
C.
To assure the County that the required improvements or plantings
will be installed in accordance with the developer agreement:
1.
The developer shall furnish to the County a surety acceptable to
the County in an amount sufficient to cover the cost of installation.
2.
The surety shall guarantee sufficient funds to cover the full cost
of installing improvements covered by the developer agreement, including
any necessary demolition and disposal. The value of sureties shall
not be reduced based on potential sale or recycling of materials from
demolition.
3.
The developer agreement shall include provisions for insurance, funding,
performance bonds and maintenance bonds to assure that the work is
completed and protected in accordance with the specifications.
4.
In the event of default, the agreement shall assign to the County
the right of immediate access to any security to complete necessary
improvements.
D.
The developer agreement shall also include provisions for settlement
of disagreements during the course of construction such that suitable
and timely remedies are available without undue hardship to the owner,
contractor, developer, or County.
E.
The developer agreement shall provide for the expiration of the agreement
at the time that a site plan approval expires if the plan is not implemented.
F.
Construction, planting and development authorized by a developer
agreement shall be performed in accordance with all applicable federal,
state and local requirements.
G.
The Planning Director shall have the authority to require and administer
developer agreements on behalf of the County. The Planning Commission
shall make recommendations on developer agreements for major site
plans and major and small-scale subdivision plans.
62.1
Purpose. The waiver process allows applicants to request relief from
strict compliance with certain provisions of these regulations. This
process provides flexibility to address constraints unique to a particular
site by authorizing the Planning Director or Planning Commission to
waive certain requirements while approving alternative solutions that
accomplish the purposes of this chapter.
62.2
Applicability. A waiver may be granted only to provisions of this
chapter for which the requirements specifically state that the provision
is subject to a waiver application.
62.3
Procedures.
A.
Waiver applications shall be submitted in accordance with § 190-54 of this article and be accompanied by the required fee.
B.
A waiver application shall be submitted at the same time as or during
review of the application requiring the waiver. A waiver application
may be submitted in conjunction with an application for approval of
a site plan, subdivision plan or certificate of use.
C.
For site plans or subdivision plans that require TAC review, any
necessary waiver application must accompany the plan on the TAC agenda.
D.
A decision on a waiver application shall be made by the person or
body with decisionmaking authority on the application for which the
waiver is requested.
E.
The Planning Director may request a recommendation from the Planning
Commission on any waiver application.
62.4
Criteria for evaluation of waiver applications. The Planning Commission
or Planning Director shall evaluate waiver applications based upon
the following criteria:
A.
The waiver shall not have the effect of nullifying the intent and
purposes of this chapter.
B.
Granting the waiver will not be detrimental to the public health,
safety or welfare, or injurious to other property.
C.
The conditions upon which the request is based are unique to the
property for which the relief is sought and are not applicable generally
to other property.
D.
Because of the particular physical surroundings, shape or natural
features of the specific property involved, one of the following findings
is made:
E.
The waiver complies with any criteria required by the specific section
of this chapter from which a waiver is requested.
63.1
Short-Term Rental Review Board.
A.
Members. The Short-Term Rental Review Board shall consist of five
permanent members with members appointed by the County Council. The
Board should be composed of an attorney, a representative from the
vacation rental management industry, a member of a community or civic
association from a community containing (a) short-term rental(s),
and other persons having knowledge or interest relevant to the Board's
functions. Three members shall constitute a quorum for the transaction
of business. Each member shall be an adult resident of Talbot County.
Members shall serve without compensation but shall be entitled to
reimbursement for reasonable expenses duly approved by the Finance
Officer.
[Amended 12-14-2021 by Bill No. 1495]
B.
Term. Each member shall serve for a staggered term of up to four
years or until a successor is appointed. Members shall be eligible
for reappointment twice.
C.
Officers. The Board shall annually select a Chairman and any other
officers deemed necessary during the first meeting of each calendar
year.
D.
Hearings. The Short-Term Rental Review Board shall meet upon the call of the Chairman or the Planning Director. The Board shall hold a public hearing on all new license applications and for complaints in accordance with § 190-63.4. The Board shall issue a written decision of its findings for each new license application or complaint hearing.
E.
Rules of procedure. The Board shall adopt rules of procedure governing
its proceedings, subject to approval by the County Council. The rules
of procedure shall have the force and effect of law when approved
by resolution of the County Council.
63.2
New license application process.
A.
Who may apply. Only the record title holder(s) of the property where
the short-term rental activity will occur may apply for a short-term
rental license.
B.
[1]Contents of application. All applications for short-term
rental licenses shall be submitted to the Talbot County Department
of Planning and Zoning on a form prepared and approved by the Planning
Director. A complete application shall include, and the applicant
shall provide, without limitation, the following:
[Amended 8-11-2020 by Bill No. 1446]
1.
A statement as to whether the proposed short-term rental dwelling
is the applicant's primary residence.
2.
A statement whether the property is or is not located within a homeowners'
association, property owners' association and/or is governed by any
type of covenants, conditions and restrictions specifically related
to the rental of properties or short-term rentals.
3.
Proof that the applicant(s) can satisfactorily monitor or has retained
the services of a resident agent capable of monitoring the short-term
rental property. The applicant or resident agent shall have a home
or office within 30 miles of the short-term rental unit and be available
to respond from this location during periods of short-term rental.
4.
An address and telephone number where the applicant or, if applicable,
their resident agent, may be contacted 24 hours a day during any short-term
rental period.
5.
Statement of where and how the applicant will be advertising the
short-term rental, including printed, on-line and audio or video material.
All advertising must include the short-term rental license number.
6.
A copy of the standard lease agreement and house rules.
7.
A plan, to scale, with the use of each room labeled, including locations
of structures, areas to be rented, expected use of specific rooms,
decks, patios, porches, swimming pools, outdoor entertainment areas,
garages, fencing, screening, roads, paved areas, walkways and parking
spaces.
8.
The Talbot County Health Department shall review the results of the
water sample that was collected from a certified water testing laboratory
to ensure the well is free of bacteria. The Health Department shall
conduct a site visit to ensure the terminal of the water supply well
and well tag are in compliance with requirements of applicable Code
of Maryland Regulations (COMAR). In addition, the site inspection
will determine if the on-site sewage disposal system is operational
with no visible signs of septic failure. In the event that the property
is served by sewer, the applicant shall submit a letter of authorization
from the County Engineer indicating the adequacy of the sewer to serve
this proposed use. All reviews and findings shall be reported to the
Planning Officer.
9.
Notarized signature of the applicant representing that all of the
contents of the application are true and accurate to the best of the
applicant's knowledge and belief and acknowledging that any material
misrepresentations or omissions are grounds for denial, revocation,
or suspension of the license.
C.
Inspection of property. The applicant shall schedule an on-site inspection
of the property with the Planning Director, a Code Enforcement Officer
or a third party International Code Council (ICC) certified building
inspector in order to: 1) verify that the property complies with Minimum
Safety Standards as noted in § 190-33.20.C.9; 2) determine
that the plan submitted is accurate; and 3) make note of any special
conditions. In the event that the applicant selects a third party
building inspection, the applicant shall provide a copy of such inspection
report to the Department of Planning and Zoning on a form prepared
and approved by the Planning Director. Such inspection may be no more
than 45 days before the filing of the application. Requests for County
inspections must be accompanied by a $40 inspection fee. This fee
may be reset and changed from time to time by the County Council through
the County' s fee schedule adopted during the annual budget process.
[Amended 8-11-2020 by Bill No. 1446]
D.
Fees. The fee for a short-term rental license shall be the amount
determined in the fee schedule adopted annually by the County Council.
No short-term rental license will be issued until all fees are paid.[2]
[2]
Editor's Note: Former Subsection D, Notice of application,
which immediately followed this subsection, was repealed 8-11-2020
by Bill No. 1446.
E.
Duration of new license. A new license shall be issued for a period
of up to one year, expiring 12 months from the date of issuance unless
otherwise specified by the Short-Term Rental Review Board.
F.
Review by governmental entities and officials. License applications
are reviewed by Talbot County Planning and Zoning, Talbot County Health
Department, Talbot County Office of Permits and Inspections, and any
other reviewing agencies the Planning Director deems appropriate.
G.
Hearing and decision.
[Amended 8-11-2020 by Bill No. 1446]
1.
The Short-Term Rental Review Board shall hold a public hearing on
all new license applications.
2.
Notice of Public Hearing. The applicant must provide notice of the
hearing as provided herein.
a.
The
applicant shall provide proof of notice that the public hearing has
been provided to the following:
i.
Owners of properties contiguous to the short-term rental property;
ii.
Owners of properties across a roadway, easement or right-of-way from
the short-term rental property;
iii.
Owners of all other properties with a property line within 1,000
feet, including in line of sight within 1,000 feet across waterways
of the short-term rental dwelling;
iv.
If applicable, a homeowner's association, property owner's association
or covenant administrator for the development where the short-term
rental property is located; and
v.
If the short-term rental property has a right of access over a private
road, all other owners of properties who also have a right of access
to such road.
b.
Notification
shall be by priority mail with delivery confirmation or other shipping
carrier with adult signature required, to the address provided on
the annual Talbot County tax bill or any other written means, such
as e-mail or regular mail, provided receipt is confirmed in writing.
c.
The
notice shall include, at a minimum, information as listed in the sample
short-term rental notification letter in the application package.
This information shall include: the applicant's name, contact information,
including mailing address, e-mail address, and telephone number; 24
hour contact information in the event of any problem at the short-term
rental property; contact information for the Code Compliance Officer
or other designated County official; statement that a short-term rental
application has been filed with the Talbot County Department of Planning
and Zoning and that such application is available for public inspection;
and state the date for the public hearing on the application before
the Short-Term Rental Review Board.
d.
The
notice required by this section shall be sent out at least 21 days
before the public hearing on the application.
e.
The
applicant shall file a certificate of service with the Talbot County
Department of Planning and Zoning promptly after sending out the required
notice on a form prepared and approved by the Planning Director. The
certificate shall be signed by the applicant; certify that the required
notices were sent out in accordance with this section; and include
a list of all recipients and a copy of the notice that was sent out.
3.
The meeting shall also be advertised through posting the property
in accordance with § 190.54.5.B. The Code Compliance Officer
shall be responsible for posting the property.
4.
The Planning Director and the Code Compliance Officer shall be authorized,
but not required, to provide the Board with a recommendation on new
license applications, including conditions, limitations, and restrictions
to ensure that the short-term rental complies with applicable law.
The Board shall consider these recommendations before making a decision
on the application.
5.
The Board may impose conditions, restrictions, and limitations on
the issuance of a new license that are reasonably related to addressing
impacts of the proposed short-term rental. Such conditions may address
without limitation the following:
a.
Location and design of site features such as landscaping, screening,
fencing or parking;
b.
Design of outdoor lighting such as height, intensity or shielding
of lighting fixtures;
c.
Procedures and facilities for waste disposal;
d.
Restrictions on hours of use for outdoor area on the property;
e.
Distance of outdoor recreation areas to neighboring property
lines; and
f.
Duration of time prior to license renewal.
6.
The Board shall approve an application for a new short-term rental
license unless the Board finds that:
a.
The license application is incomplete;
b.
The applicant has made false, inaccurate, incomplete or incorrect
statements in connection with the application;
c.
The applicant has not complied with the application notice requirements;
d.
Issuance of the license would unduly disturb the peace of the
residents of the neighborhood in which the short-term rental will
be located; and/or
e.
There are other substantial reasons in the discretion of the
Board why the license should not be issued, in which event the Board
shall deny the license.
7.
All of the Board's decisions shall be in writing and the hearings
shall be recorded so as to allow transcription.
H.
Appeals. Any party that participated in the hearing and is aggrieved
by the Board's decision may file an appeal to the Talbot County Board
of Appeals within 30 days of the issuance of the written decision.
Such appeal shall be on the record.
63.3
Renewal.
A.
Applications. A license renewal application must be submitted by
the record title holder(s) of the property to the Talbot County Department
of Planning and Zoning on a form prepared and approved by the Planning
Director at least 60 days prior to expiration. The application shall
include without limitation the following:
1.
Proof of compliance with the Talbot County accommodation tax;
2.
The number of days that the dwelling was rented during the effective
short-term rental license period documented by appropriate receipts
or reservation forms, if requested by the Planning Director;
3.
The renewal application shall include, and the applicant shall provide,
without limitation, any document required under § 190-63.2.B
above that has been revised or amended, to include; house rules, plan
to scale, etc. In the event of any modification of the interior of
the property that requires the issuance of a building permit or any
modifications to the initially issued permit, a new inspection to
ensure compliance with § 190-33.20.C.9 shall be required
as detailed in § 190-63.2C;
[Amended 8-11-2020 by Bill No. 1446]
4.
The applicant must provide notice of the short-term rental renewal
application as provided herein.
[Amended 8-11-2020 by Bill No. 1446]
a.
The
applicant shall provide proof that the notice of application has been
provided to the following:
i.
Owners of properties contiguous to the short-term rental property;
ii.
Owners of properties across a roadway, easement or right-of-way from
the short-term rental property;
iii.
Owners of all other properties with a property line within 1,000
feet, including in line of sight within 1,000 feet across waterways
of the short-term rental dwelling;
iv.
If applicable, a homeowner's association, property owner's association
or covenant administrator for the development where the short-term
rental property is located; and
v.
If the short-term rental property has a right of access over a private
road, all other owners of properties who also have a right of access
to such road.
b.
Notification
shall be by priority mail with delivery confirmation or by other shipping
carrier with adult signature required, to the address provided on
the annual Talbot County tax bill or by any other written means, such
as e-mail or regular mail, provided receipt is confirmed in writing.
c.
The
notice shall include, at a minimum, information as listed in the sample
short-term rental notification letter in the application package.
This information shall include: the applicant's name, contact information,
including mailing address, e-mail address, and telephone number; 24-hour
contact information in the event of any problem at the short-term
rental property; contact information for the Code Compliance Officer
or other designated County official; statement that a short-term rental
application has been filed with the Talbot County Department of Planning
and Zoning and that such application is available for public inspection.
d.
The
notice required by this section shall be sent out within 21 days of
the submittal of the renewal application.
e.
The
applicant shall file a certificate of service with the Talbot County
Department of Planning and Zoning promptly after sending out the required
notice on a form prepared and approved by the Planning Director. The
certificate shall be signed by the applicant; certify that the required
notices were sent out in accordance with this section; and, include
a list of all recipients and a copy of the notice that was sent out.
5.
If applicable, the Code Compliance Officer shall provide information
on the application, including any written or verified complaints and
zoning enforcement investigations applicable to the subject short-term
rental property.
B.
Timing. If the renewal application is not received 60 days prior
to expiration, the application shall be treated as and comply with
initial application requirements.
C.
Administrative approval. Renewal applications shall be processed
administratively by the Planning Director without a hearing by the
Short-Term Rental Review Board unless the Planning Director or Code
Compliance Officer determines that substantial reasons exist to refer
the application to the Short-Term Rental Review Board, in which case
the application shall be processed in the same manner as a new license
application pursuant to § 190.63.2 above. Substantial reasons
for referring a renewal application to the Board include without limitation:
1.
Material changes in the character of the neighborhood where the short-term
rental is located that may affect the short-term rental's impact on
surrounding properties;
2.
Discovery of any potential false, inaccurate, incomplete or incorrect
statements by the licensee in the original or renewal license application;
or
3.
Violations of the Talbot County Code related to the operation of
the short-term rental on the property or violations of any conditions
imposed on the license.
D.
Conditions. The Planning Director may impose conditions on the license
renewal if necessary to address impacts of the use related to the
requirements for short-term rentals.
E.
Grounds for denial. The Planning Director may decline to issue, decline
to renew or revoke a short-term rental license based on the following:
1.
False, inaccurate, incomplete or incorrect statement in any application
or renewal;
2.
Any infraction, disturbance, nuisance, failure to monitor, or other
problem or violation occurring during a short-term rental;
3.
Violation of any law or ordinance with respect to the short-term
rental, or any term, condition, or restriction of the short-term rental
license; and/or
4.
Failure to pay the Talbot County accommodations tax.
F.
Waiver. If unable to meet license application requirements listed
herein a property owner in possession of a short-term rental license
at the time of adoption of these regulations may apply for a waiver
or variance as required by this chapter.
G.
Duration. A renewal license may be issued for a period of up to two
years if the Planning Director determines that the rental activity
was in compliance with the Code and any conditions of approval imposed
on the short-term rental permit during the prior term. All renewal
licenses shall expire two years from the date of issuance unless otherwise
specified by the Planning Director.
H.
Fees. The fee for a short-term rental renewal license shall be established
in the fee schedule adopted annually by the County Council.
I.
Written decision and appeals. The Planning Director shall issue a
written decision approving or denying the renewal application. Any
party aggrieved by the Planning Director's decision may file an appeal
to the Board of Appeals.
63.4
Complaints.
A.
Filing and hearing process.
1.
In addition to any other remedies that may be available, a person alleging that a licensee has violated any provision of this Chapter 190 as it relates to the operation of a short-term rental that remains unresolved by the property owner or resident agent, may file a complaint on a form prepared and approved by the Planning Director with the Department of Planning and Zoning. The Planning Director or the County Attorney shall serve a copy of the complaint on the licensee at the address of the short-term rental by certified mail, return receipt requested, or other shipping carrier with adult signature required. The complaint shall be signed by the complainant, set forth the allegations in a clear and concise manner, and contain a certificate of service. The complainant shall include any relevant evidence establishing the violation with the complaint.
2.
Once filed with the Department of Planning and Zoning, copies of
the complaint shall promptly be forwarded to the Short-Term Rental
Board and the Talbot County Office of Law.
3.
The licensee shall file a response to the complaint with the Board's
Secretary within 21 days of service on a form prepared and approved
by the Planning Director. The response shall set forth any rebuttal
to the allegations in the complaint and may include any relevant evidence.
The licensee shall also serve a copy of the response on the complainant
by certified mail, return receipt requested, or other shipping carrier
with adult signature required, at the address identified in the complaint.
Failure to file a response shall be deemed an admission to any allegations
contained in the complaint.
4.
The Board shall schedule a hearing date at least 10 days after the
time for filing a response has elapsed. The Board shall provide notice
of the hearing to the complainant and the licensee by certified mail,
return receipt requested, or other shipping carrier with adult signature
required. At the hearing, the complainant shall be given the opportunity
to present evidence of the violation and the licensee shall be given
the opportunity to respond with evidence of its own. The Planning
Director, the Code Compliance Office, and any other party may participate
in the hearing as well.
5.
Board authority.
a.
If the Board determines that a violation has occurred, the Board
shall be authorized to suspend the licensee for any period of time
the Board deems appropriate or to revoke the license. In addition,
the Board may impose a fine on the licensee of up to $1,000 per violation.
Each day that a violation exists or continues constitutes a separate
violation.
6.
Following the hearing, the Board shall vote on whether a violation
has occurred. If a violation is confirmed, they shall also determine
whether the license should be suspended, revoked, and/or a fine imposed.
The Board may impose conditions, restrictions and limitations on licenses
for short-term rentals that are found to be in violation. Such conditions
may include without limitation, the requirement that the owner retain
the services of an agent who is a licensed realtor or similarly qualified
professional with experience in managing short-term rentals.
7.
The Board shall issue a written decision setting forth its decision
and applicable findings.
B.
Any party that participated in the hearing and is aggrieved by the
Board's decision may file an appeal to the Talbot County Board of
Appeals within 30 days of the issuance of the written decision. Such
appeal shall be on the record.
This chapter shall be administered and enforced by the Planning Director and the Chief Code Compliance Officer, who may delegate such duties and responsibilities as they determine appropriate and who may be assisted by subordinate enforcement officials. Such enforcement officials shall have authority to issue administrative orders, determine reasonable abatement periods and procedures, enter into abatement agreements on behalf of Talbot County, issue civil citations, and exercise such other incidental powers as are necessary or proper to enforce the terms of this chapter in accordance with Chapter 58 of the Talbot County Code. The Chief Code Compliance Officer shall have authority pursuant to Chapter 58 to assess civil monetary penalties for violations of this Chapter 190.