[Amended 10-17-2006 by Bill No. 2006-11; 5-18-2010 by Bill No. 2010-05]
The Planning Director shall serve as the Secretary to the Board
of Appeals. The Board of Appeals may request of the County Executive
the employment of such technical or special staff assistants as may
be necessary from time to time.
The Board of Appeals shall have and may exercise
the following powers, duties and functions:
A. Appeals from orders relating to zoning. The Board
of Appeals shall have and exercise all the functions and duties relating
to zoning described in Article 25A of the Annotated Code of Maryland
as such functions and powers may be prescribed by legislative act
of the County Council. These duties, functions and powers shall include,
but not be limited to:
(1) To authorize such variances from the terms of Chapter
225 as will not be contrary to the public interest, and where owing to the uniqueness of the property, topographical or special conditions, the strict enforcement of the provisions of said chapter will result in practical difficulty or unreasonable hardship.
(2) To hear and decide applications for special exceptions under Chapter
225 of this Code.
(3) To hear and decide matters pertaining to a nonconforming use under Chapter
225 of this Code.
(4) To determine unclassified uses as the same shall be required by Chapter
225 of this Code.
(5) To hear and decide appeals from any final order, decision, requirement or interpretation made by an administrative official in the enforcement of any matter under Chapter
225.
B. Appeals from executive, administrative and adjudicatory
orders. The Board of Appeals shall hear and decide appeals from all
other administrative and adjudicatory orders as it may be required
to act upon, by Article 25A of the Annotated Code of Maryland, as
amended, or by legislative act of the County Council not inconsistent
therewith. These appeals shall include, but not be limited to:
(1) Appeals from Chapter
160, Housing Standards.
(2) Appeals or variances from Chapter
125, Critical Area Resource Protection, of the Wicomico County Code.
(3) Appeals from Chapter
200, Subdivision of Land, of the Wicomico County Code.
(4) Appeals from Chapter
205, Taxicabs.
(5) To hear and decided variances under Chapter
149, Floodplain Management.
[Added 12-18-2012 by Bill
No. 2012-13]
C. Guidelines. All appeals heard and decided by the Board
of Appeals shall be determined in accordance with the guidelines for
such actions established by legislative act of the County Council
as may be adopted or amended from time to time.
D. Limitation of authority of the Board of Appeals. Nothing
contained in this chapter shall be deemed to authorize:
(1) The Board of Appeals to reverse or modify any refusal
of a permit or any other order, requirement, decision or determination
unless the Board determines it fails to conform to the provisions
of this Code. The Board of Appeals shall not be authorized to validate,
ratify, or legalize any violation of law or the provisions of this
Code.
(2) The amendment of any of the provisions of the Code
or cause changes to the official Zoning Maps.