The Board of Appeals is authorized. Such Board
shall consist of three members, all of whom shall be residents of
the Town of New Windsor. The members of the Board of Appeals shall
be appointed by the Mayor and confirmed by the Council. The terms
of office for the members of the Board are three years. Vacancies
shall be filled for the unexpired term of any member whose term becomes
vacant. Members of the Board shall receive compensation in an amount
to be determined by resolution of the Town Council. One alternate
member of the Board shall be appointed by the Council and shall be
empowered to sit on the Board.
The members of the Board of Appeals shall meet
at least once each year at such time and place as they may fix by
resolution. They shall select one of their members as Chairman and
one Vice Chairman, who shall serve one year and until their successors
have been selected. Special meetings may be called at any time by
the Chairman or, in his or her absence, by the Vice Chairman. Transaction
of business by the Board shall be pursuant to § 4.07 of
Article 66B of the Annotated Code of Maryland.
The Board of Appeals shall have the power to:
A.
Hear and decide appeals where it is alleged there
is an error in any order, requirement, decision or determination made
by an administrative official under the provisions of this chapter;
B.
Hear and decide conditional uses in the terms of this
chapter;
C.
Authorize, upon appeal, in specific cases such variances
from the terms of this chapter as will not be contrary to the public
safety, health and welfare and will most clearly accomplish the purpose
and intent of this chapter.
A.
Application. A person may apply to the Zoning Administrator
for a variance from the height, lot area, lot width, yard regulations,
parking space requirements, sign regulations, and distance requirements
specified in this chapter. The application shall be made on a form
and in a manner prescribed by the Board.
B.
Procedure. The Zoning Administrator or the Administrator's
designee shall conduct an informal conference on the application for
the variance. Persons who would have standing to appeal pursuant to
Article 66B, § 4.08, of the Annotated Code may be present,
and the Zoning Administrator shall allow all parties who are present
an opportunity to be heard concerning the application. Prior to the
informal conference, the Zoning Administrator shall cause the property
to be posted with notice of the pendency of the application and the
adjoining property owners to be notified of the application by first
class mail and the date, time and place of the conference.
C.
Decision. Within 15 days of the conference the Zoning Administrator shall decide the issue raised by the application. The decision shall be in writing and provide a brief explanation of the law and facts which support it. In making the decision, the Zoning Administrator may grant the variance only in cases where the strict compliance with the terms of this chapter would result in practical difficulty or unreasonable hardship which have not been caused by the act of the applicant or the applicant's predecessors in title. The Zoning Administrator shall not grant a variance if to do so would violate the spirit and intent of the regulation, or cause, or be likely to cause, substantial injury to the public health, safety, and general welfare. The Zoning Administrator shall be guided in making this decision by the considerations set forth in § 215-97, Limitations, guides and standards.
A.
Wherein this chapter certain powers are conferred
upon the Board of Zoning Appeals, such Board shall study the specific
property involved and the neighborhood, cause the property to be posted
in a conspicuous place, hold a public hearing, consider all testimony
and data submitted and hear any person for or against the application
or appeal. However, the application shall not be approved where the
health, safety, security, morals, or general welfare would be adversely
affected or would result in dangerous traffic conditions or would
jeopardize the lives or property of people living in the neighborhood,
nor will any action be taken which will be contrary to an adopted
plan. (When a question arises as to whether the contemplated action
of the Board is contrary to an adopted plan, the Board shall request
the advice of the Planning Commission.)
B.
In deciding such matters, the Board shall give consideration,
among other things, to the following:
(1)
The orderly growth of the neighborhood and community;
(2)
The most appropriate use of the land and structure;
(3)
Facilities for sewers, water, trash collection and
disposal and the ability of the Town to supply such services;
(4)
Availability of fire-fighting equipment;
(5)
The effect of such use upon the peaceful enjoyment
of people in their homes;
(6)
The number of people residing, working or studying
in the immediate areas;
(7)
The type and kind of structures in the vicinity where
people are apt to gather in large numbers, such as schools, churches,
theaters, hospitals and the like;
(8)
Traffic conditions, including facilities for pedestrians,
such as sidewalks and safety zones and parking facilities available
and the access of cars on highways;
(9)
The preservation of cultural and historic landmarks;
(10)
The conservation of property values;
(11)
The effect of odors, dust, gas, smoke, fumes,
vibrations, glare and noise upon the uses of surrounding properties;
(12)
The contribution, if any, such proposed use,
building or addition would make toward the deterioration of areas
and neighborhoods;
(13)
The accordance of contemplated action with an
adopted Town plan.
A.
An appeal to the Board of Appeals may be taken by
a person aggrieved by any officer, department or bureau of the Town
of New Windsor or any person affected by any order, requirement, decision
or determination by a governmental officer, department, board or bureau
based in whole or in part upon the provisions of this chapter.
B.
Such appeal shall be filed with the Zoning Administrator
and the Board of Appeals within 30 days from the decision being appealed
from. Upon appeal, the Zoning Administrator shall transmit to the
Board of Appeals all papers constituting the record upon which the
action appealed from was taken. An appeal stays all proceedings in
furtherance of the action appealed from unless the Zoning Administrator
certifies to the Board that a stay would, in his or her opinion, cause
imminent peril to life or property. The Board shall fix a reasonable
time for the hearing of the appeal, give not less than 10 days' public
notice thereof by the posting of not less than one sign of at least
three square feet in area, containing notice of the hearing in a conspicuous
place on or near the property upon which application for appeal is
made and advertise in a weekly or daily paper of general circulation
in the Town. A letter shall be sent to adjoining property owners informing
them of the hearing before the Board. Upon the hearing, any party
may appeal in person, by agent or by attorney.
C.
The concurring vote of two members of the Board shall
be necessary to reverse any order, requirement, decision or determination
of the Zoning Administrator or to decide in favor of the applicant
upon any matter which it is required to pass under any such ordinance
or to effect any variation in such ordinance.
D.
A fee in an amount established by the Council by resolution
shall be paid to the Zoning Administrator at the time the notice of
appeal is filed to the credit of the general revenue fund of the Town
of New Windsor.
E.
The fee is not applicable to nor in lieu of the appropriate
zoning certificate.
The Board shall make no recommendation except
in a specific case and after a public hearing conducted by the Board.
A notice of time and place of such public hearing shall be published
in a paper of general circulation in the Town of New Windsor at least
once, not more than 30, nor less than 10, days prior to the hearing.
Such notice shall contain the particular address or location of the
property for which the variance or other ruling by the Board is sought,
as well as a brief description of the nature of the appeal or other
matter before the Board. A letter shall be sent to adjoining property
owners informing them of the hearing before the Board.
A.
Use of building permitted by Board to be established
within six months. No order of the Board permitting a use of a building
or premises shall be valid for a period longer than six months, unless
such use is established within such period; provided, however, that
where such use permitted is dependent upon the erection or alteration
of a building, such order shall continue in force and effect if a
zoning certificate for said erection or alteration is obtained within
such period and such erection or alteration is started and proceeds
to completion in accordance with the terms of such permit.
B.
No order of the Board which approves a request for
conditional use and which authorizes the erection of a building or
buildings shall be valid for a period of more than 18 months unless
the project has received site plan approval or a zoning certificate
within that time.
