[Added 10-12-2004 by Bill No. 2004-24]
The Board of Zoning Appeals is granted the authority to hear and decide appeals from the decision of the Director of Planning regarding the calculation of the amount of the building excise tax under Chapter 144 of the Dorchester County Code.
A.
Types of applications.
(1)
Applications to the Board may be filed by any government
agency or individual with a committed financial, contractual or proprietary
interest in the property to be affected. If the individual filing
the application is not the owner of the affected property, the owner
shall cosign the application. Applications may be filed with respect
to the following matters:
(2)
With respect to other matters, appeals to the Board
may be filed by any person who allegedly is directly aggrieved by
any order, requirement, decision or determination of any county department,
agency or official in connection with the administration and enforcement
of this chapter.
B.
Appeals and applications. Appeals and applications shall be on forms
provided by the Director of Planning. Such appeals or applications
shall be acted upon within a reasonable time, not to exceed 6o days
from the date of the receipt of the application of such lesser period
as may be provided by the rules of the Board. Appeals and applications,
accompanied by the required fees as established by the County Council,
shall be filed with the Director of Planning who shall forthwith transmit
to the Board all papers constituting the record upon which the action
appealed from was taken. Be it further provided that no permit, approval,
variance or special exception for any property located within the
CA - Critical Area Protection District shall be issued, unless the
person seeking the permit, approval, variance, or special exception
has:
[Amended 3-2-2010 by Bill No. 2010-4]
(1)
Fully paid all administrative, civil, and criminal penalties imposed
by this chapter for violation for the subject property within the
CA - Critical Area Protection District; and
(2)
Prepared a restoration or mitigation plan, approved by the County,
to abate impacts to water quality or natural resources as a result
of the violation for the subject property within the CA - Critical
Area Protection District; and
(3)
Performed the abatement measures in the approved plan in accordance
with the County's Critical Area Program for the subject property;
and
(4)
Satisfaction of all conditions specified under this section shall
be a condition precedent to the issuance of any permit, approval,
variance, or special exception for the affected property; and
(5)
Unless an extension of time is appropriate because of adverse planting
conditions, within 90 days of the issuance of a permit, approval,
variance, or special exception for the affected property, any additional
mitigation required as a condition of approval for the permit, approval,
variance, or special exception shall be completed.
The Board shall fix a reasonable time for the hearing of appeals and applications, consistent with its rules of practice and procedure. Public notice shall be given by the Board of all hearings relating to zoning matters in accordance with the procedures set forth in § 155-6 of this chapter.
A calendar of the Board showing the times and
dates of hearings relating to zoning matters shall be maintained and
posted in a conspicuous location in the office of the Director of
Planning. The Board shall assure that a current copy of the calendar
is provided to the Planning Commission.
Before deciding any application for special
exception or variance, the Board of Appeals shall seek the advice
and recommendation of the Planning Commission in reference to such
applications. The advice of the Planning Commission shall not be binding
upon the Board of Appeals. The Board may request from the Planning
Commission such technical service, data or factual evidence as will
further assist the Board in reaching decisions, and any such information
forwarded by the Planning Commission shall be incorporated into the
record, and it shall also be made available to the applicant, should
he so desire.
An appeal that is filed with the Board of Appeals
stays all actions by the Director seeking enforcement of or compliance
with the order or decision appealed from, unless the Director certifies
to the Board of Appeals that (because of facts stated in the certificate),
in his opinion, such stay will cause imminent peril to life or property.
In that case, proceedings shall not be stayed except by order of the
Board of Appeals or a court-issued application of the party seeking
the stay, for due cause shown, after notice to the Director.
A.
If an application or appeal is disapproved by the
Board of Appeals, thereafter the Board shall not accept for filing
another application for substantially the same proposal on the same
premises until after one year from the date of such disapproval.
B.
An appeal or application may be withdrawn prior to
advertisement of the hearing without prejudice; however, the fees
for such appeal or application may be retained by the county, at the
discretion of the Board of Appeals.
C.
In the event that an appeal or application is withdrawn
subsequent to advertisement of the public hearing, the applicant shall
be precluded from filing another application or appeal for substantially
the same proposal on the same premises for one year from the date
of withdrawal unless good cause shall be shown to the Board. The fees
for such application or appeal may be retained by the county, at the
discretion of the Board of Appeals.
A.
Time limit for appeal. Any person allegedly aggrieved
by any decision of the Board of Appeals or by a reclassification by
the County Commissioners may appeal the same to the Circuit Court
of Dorchester County within 30 days of the notification of the decision.
B.
Stays. The filing of an appeal does not stay an order
or action of the Board of Appeals. Upon motion and after hearing the
Court may grant a stay, unless prohibited by law, upon conditions
as to bond or otherwise that the Court considers proper.
C.
Cost of transcript. The appellant shall be responsible
for paying the expense of transcription.
D.
Hearing; testimony. If, upon the hearing, it shall
appear to the Court that testimony is necessary for the proper disposition
of the matter, it may take evidence or appoint a referee to take such
evidence as it may direct and report the same to the Court, with his
proposed findings of fact and conclusions of law, which shall constitute
a part of the proceedings upon which the determination of the Court
shall be made.
E.
Liability of Board of Appeals for costs. Costs shall
not be allowed against the Board of Appeals unless it shall appear
to the Circuit Court that the Board acted with gross negligence or
in bad faith or with malice in making the decision appealed from.
F.
Decision; subsequent appeals. Upon its determination
of the case, the Circuit Court shall file a formal order embodying
its final decision. An appeal may be taken to the Court of Special
Appeals of Maryland or the Court of Appeals of Maryland, during the
period and in the manner prescribed by the rules of the Court of Appeals,
from any decision of the Circuit Court. In such cases, the award of
costs shall be subject to the discretion of the Court of Appeals.
