A.
The Director
of Planning and Community Development shall be the Zoning Administrator.
The Zoning Administrator or duly approved designee shall be vested
and charged with the power and duty to:
(1)
Act as advisor to the Planning Commission and the Board of Appeals.
(2)
Administer and enforce the Development Code.
(3)
Prepare and provide applications and forms required by this chapter.
(4)
Enter and inspect any structure or land to determine if the parcel
or use complies with the provisions of this chapter. Should the owner
or occupant deny such entry, the Zoning Administrator may seek relief
from the court to permit such right.
(5)
Perform such other duties as are necessary for the proper enforcement
and administration of this chapter.
(6)
Recommend Development Code and Zoning Map amendments to the Planning
Commission and Council.
(7)
Regulate all land development activities and enforce the provisions
of this chapter.
(8)
Render interpretations, upon written request of any interested person
whose property may be affected, as to the applicability of the code
to particular uses. Interpretations can be appealed within 30 days
to the Board of Appeals.
(9)
Review all annexation applications for compliance with this chapter.
(10)
Review applications for rezoning, special exceptions, variances
and interpretations under the provisions of this chapter for recommendation
to the Board of Appeals or Planning Commission.
(11)
Review for approval or denial all applications for applicable
permits.
(12)
Prepare the agenda for the Planning Commission and Board of
Appeals.
B.
The Zoning
Administrator, as an agent for the City, shall be deemed an aggrieved
party and has the right to appeal any decision of the Board of Appeals.
A.
The Planning Commission is established pursuant to the Land Use Article
of the Annotated Code of Maryland.
B.
The Planning Commission shall consist of seven members appointed
by the Council who shall serve without compensation. The term of each
member shall be five years or until a successor takes office. If a
seat on the Planning Commission becomes vacant, the Mayor shall appoint
a member, with concurrence of the Council, to fill the remaining term
of the vacancy.
C.
The Planning Commission shall elect a Chairperson and Deputy Chairperson
from its members for terms of one year with eligibility for reelection.
D.
All business before the Planning Commission shall be submitted for
review 30 days before the Planning Commission’s scheduled meeting.
E.
The Commission
shall hold one regular public meeting each month and such other special
meetings as may be determined. Commission agendas and meeting minutes
shall be posted on the City’s website. It shall adopt procedures
for the transaction of business and shall keep a public record of
its resolutions, transactions, findings, and determinations. Fire,
police, emergency operations, and departmental personnel shall attend
the meetings of the Planning Commission and act as consultants.
F.
A majority of the members (four) of the Commission shall constitute
a quorum for the transaction of business, and a majority vote of those
present at any meeting, but not less than the number necessary for
a quorum, shall be sufficient for any official action taken by the
Commission.
G.
Powers and duties of the Commission. The Commission shall:
(1)
Have such powers and duties as set forth in the Land Use Article
of the Annotated Code of Maryland.
(2)
Adopt rules of procedure for the conduct of its business.
(3)
Make and approve a Comprehensive Plan prepared in accordance with
the Land Use Article of the Annotated Code of Maryland and recommend
the plan to the Council. The Commission shall:
(a)
Make a preliminary report about the Comprehensive Plan and hold at
least one public hearing.
(b)
Consult public officials and agencies; civic, educational, professional
and other organizations; and citizens with relation to protecting
or executing the plan.
(c)
Prepare, adopt and file a final report on the plan with the Mayor
and Council in accordance with the Land Use Article of the Annotated
Code of Maryland.
(d)
Recommend changes or amendments to the Aberdeen Comprehensive Plan.
(e)
Promote public interest in and understanding of the plan.
(4)
Review, comment, and approve a recommendation to the City Council
for all preliminary site plans and preliminary and final subdivision
plats. The approval of a preliminary site plan or preliminary subdivision
plat will be valid for two years from the date of the City Council
approval, after which the preliminary site plan or preliminary subdivision
plat must be resubmitted for review and approval.
(5)
Recommend the boundaries of the various districts and appropriate
regulations to be enforced therein.
(6)
Recommend text amendments to the Aberdeen Development Code.
(7)
Recommend rezonings and annexations.
(8)
Recommend changes or amendments to the Subdivision Regulations.
(9)
Recommend acquisition and development of lands for City open space
or recreation purposes.
(10)
Recommend changes in land use or development arising from local,
state or federal programs or policies.
(11)
Make other recommendations to the Council on items of interest
or concern.
(12)
Submit an annual report to the Council and the Maryland Department
of Planning.
(13)
Review as needed, or a minimum of every six years, the Development
Code and Zoning Map to determine whether it is advisable to amend
the regulations or the Map, or both, to more closely conform to the
objectives of the adopted Comprehensive Plan, to take advantage of
new techniques, to correct deficiencies, or for other appropriate
reasons.
(14)
Make recommendations based on sound planning principles.
(15)
Maintain a summary of all meetings and recommendations.
(16)
Impose conditions on its approval of developments, including
but not limited to configuration of streets, sidewalks, location of
public improvements, reservation of open space and recreational areas.
(17)
Recommend programs for public structures, improvements and land acquisitions
and for their financing.
(18)
Enter upon any land and make examinations and surveys.
(19)
Have such powers to enable it to fulfill its functions, promote planning
or execute the purposes of the Land Use Article of the Annotated Code
of Maryland.
A.
The Board of Appeals is established pursuant to the Land Use Article
of the Annotated Code of Maryland.
B.
The Board of Appeals shall consist of five members and one alternate
member, who may be empowered to sit on the Board in the absence of
any member of the Board, who shall serve without compensation. The
terms of all members shall be three years. If a seat on the Board
of Appeals becomes vacant, the Mayor will appoint a member, with concurrence
of the Council, to fill the remaining term of the vacancy. All members
may be eligible for reappointment.
C.
The Board of Appeals shall elect a Chairperson and a Deputy Chairperson
from its members for terms of one year with eligibility for reelection.
D.
The Board shall:
(1)
Administer oaths and conduct hearings, including receipt of evidence
and stipulations.
(2)
Adopt rules and regulations for the conduct of its hearings.
(3)
Hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by the Zoning Administrator.
(4)
Hear and decide applications for special exceptions and variances
as authorized under this chapter.
(5)
Issues subpoenas for and compel the attendance of witnesses.
E.
Meetings, notice and hearings.
(1)
The Board shall adopt rules for the conduct of its business, which
shall be made available to the public. A quorum shall not be fewer
than three members, and an affirmative vote of three members of the
Board shall be required to reverse any decision, ruling or determination
of the Zoning Administrator or to approve any special exception or
variance. All hearings and deliberations shall be open to the public,
unless permitted to be closed under the Open Meetings Act.[1]
[1]
Editor's Note: See § 10-501 et seq. of the State
Government Article of the Annotated Code of Maryland.
(2)
The Board shall hold meetings at the call of the Chairperson and
at such other times as the Board may determine.
(3)
The Board shall keep minutes of its proceedings and other actions,
showing the vote of each member upon each question. The Board shall
keep records of its examination and other official actions, all of
which shall be filed in the City office and shall be a public record.
The Chairperson or, in his/her absence, the Deputy Chairperson may
administer oaths and compel the attendance of witnesses.
(4)
Upon receipt of a completed application, the Board shall schedule
a public hearing and provide notice in one newspaper of general circulation
in the City at least 14 days prior to the hearing and on the City’s
website.
(5)
All contiguous property owners shall be notified of the public hearing
date by regular and certified mail.
F.
In addition to such other rules and regulations as may be adopted
by the Board, the hearing shall be conducted as follows:
G.
The Board may impose such conditions regarding the locations and
other features of the proposed structures or uses as it may deem necessary,
consistent with the purposes of the code, the limitations, guides,
and standards and the laws of the City and State of Maryland.
H.
Decision of the Board.
(1)
Lapse of special exception or variance. After the Board of Appeals
has approved a special exception or granted a variance, the special
exception or variance so approved or granted shall lapse after the
expiration of two years if no substantial construction or change of
use has taken place in accordance with the plans for which such special
exception or variance was granted or if the Board does not specify
some longer period than two years for good cause shown, and the provision
of these regulations shall thereafter govern.
(2)
The Board shall issue a written decision or determination on any
application or appeal within 30 days following the close of the record.
This time may be extended by the Chairperson for an additional 60
days.
I.
An appeal stays all proceedings in furtherance of the action appealed
from unless the Zoning Administrator certifies to the Board that,
by reason of facts stated in the certificate, a stay would, in his
opinion, cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by order of a court of competent
jurisdiction after notice to the Zoning Administrator and on good
cause shown.
J.
If the application is disapproved by the Board or is dismissed for
failure of the applicant to pay costs, then the Board shall take no
further action on another application for substantially the same relief
until six months from the date of such disapproval or dismissal, whichever
shall last occur.
L.
Criteria for approval of variances. Variances from the provisions
or requirements of this chapter may be granted if the Board finds
that:
(1)
The literal enforcement of the code would result in undue hardship.
(2)
The variance will not be substantially detrimental to adjacent properties
and will not materially impair the purpose of this chapter or the
public interest and the character of a district will not be changed
by the granting of the variance.
(3)
No variance shall exceed the minimum adjustment necessary to relieve
the hardship imposed by the literal enforcement of this chapter.
M.
Appeals from a decision of the Board may be filed by any interested
person to the Circuit Court in the manner prescribed by law within
30 days from the date of the Board's decision.
N.
A fee shall be charged for filing and handling each application or
appeal provided for in this article, in an amount to be determined
by the Council. All costs associated with the application must be
paid to the City when the application is filed. The costs of appeal,
including the copy of the transcript, shall be borne by the applicant.
O.
The Board, upon application for an interpretation of the Development
Code or Zoning Map, after notice to the owners of the properties affected
and public hearing, may render an interpretation.
A.
The Zoning Administrator, as an agent of the City, may initiate a
rezoning request if the Zoning Administrator determines that a mistake
in the zoning has occurred during the last comprehensive rezoning
or that there has been a substantial change in the character of the
neighborhood. The Zoning Administrator shall be deemed an interested
party and subject to the same submittal and notification requirements
as a property owner.
B.
Request initiated by property owner. Any request for a rezoning
to the property by a property owner or contract purchaser, with the
consent of the property owner, shall be submitted to the Zoning Administrator
and shall include:
(1)
The location and size of the property.
(2)
A title reference or a description by metes and bounds, courses and
distance.
(3)
The present zoning classification and the classification proposed
by the applicant.
(4)
The names and addresses of all persons, organizations, corporations
or groups owning land, any part of which lies within 500 feet of the
property proposed to be reclassified as shown on the current assessment
records of the State Department of Assessments and Taxation.
(5)
A statement of the grounds for the request, including:
(a)
A statement as to whether there is an allegation of mistake
as to the existing zoning and, if so, the nature of the mistake and
facts relied upon to support this allegation;
(b)
A statement as to whether there is an allegation of substantial
change in the character of the neighborhood and, if so, a precise
description of such alleged substantial change; and
(c)
A statement as to whether the proposed classification is in
conformance with the Comprehensive Plan and the reasons for the opinion.
C.
A concept plan shall be submitted with the application. The concept
plan shall illustrate the proposed general nature and distribution
of land uses but need not include drawings prepared by an engineer.
D.
The Planning Commission shall review applications for rezoning and
submit its recommendation to the Council prior to public hearing.
E.
Notice of public hearing shall be provided 30 days prior to the scheduled
hearing. A complete record of the hearing and the votes of all the
Council shall be kept.
F.
The Council shall make findings of fact in each specific case, including
but not limited to the following matters: population change, availability
of public facilities, present and future transportation patterns,
compatibility with existing and proposed development for the area,
the recommendation of the Planning Commission and the relationship
of such proposed rezoning to the Comprehensive Plan.
G.
The Council may grant the amendment based upon a finding that there
was a substantial change in the character of the neighborhood where
the property is located since the last comprehensive zoning or that
there was a mistake in the last comprehensive zoning.
H.
Any person aggrieved by the decision of the Council may appeal to
the Circuit Court for Harford County within 30 days from the date
of the decision.
A.
The Zoning Administrator may recommend revisions to the Zoning Map
as needed for consideration and review by the Planning Commission
and approval by the Council. Proposed revisions to the Zoning Map
shall be prepared by the Zoning Administrator based on a review and
study of existing land use and future land use needs, population,
economics, transportation patterns, public facilities and services,
and other relevant planning factors.
B.
Notice of a public hearing before the Council shall be provided 30
days in advance and published at least one time in a local newspaper.
A copy of the public hearing notice shall be sent by regular mail
to all property owners contiguous to those lots or parcels of land
affected by a proposed change to the current zoning.
A.
Policy. The following principles shall govern annexation:
(1)
The City Council may consider and act upon a petition for the annexation
of land contiguous and adjacent to the corporate limits of the City
in order to promote the health, safety, welfare and economic development
of the City.
(2)
The annexation may be appropriate when it promotes coordinated planning
for the area surrounding the land proposed for annexation, and where
it is consistent with the plans for the present and future development
of the City, and where it will not result in isolated development
inconsistent with surrounding land uses.
(3)
The annexation must contribute to the realization and/or furtherance
of the goals and objectives of the Comprehensive Plan.
(4)
The location relative to existing public facilities and a review
of the City's ability to provide public facilities or the potential
of alternative nonpublic facilities to serve the annexation area.
(5)
The development of relevant conditions for the protection and benefit
of the residents of the City.
(6)
The annexation will not result in an adverse fiscal impact upon the
City.
(7)
Annexation only to increase municipal revenue is inappropriate without
an ability to provide municipal services.
(8)
Upon approval of an annexation petition by the City Council, the
petitioner shall not be permitted to amend or to otherwise change
the terms of the annexation petition.
B.
Procedures. The following procedures shall govern annexation and
the zoning of land so annexed:
(1)
Petition filing contents. A petition for annexation, prepared in
compliance with § 4-404 of the Local Government Article of the
Annotated Code of Maryland, shall be signed by the owner of the property
and any contract purchaser(s) and shall be filed with the City Clerk,
together with 15 copies of the petition and a nonrefundable fee as
established by resolution of the City Council. The City may require
additional copies to be provided to the City at its discretion. The
petition shall include the following:
(a)
Descriptive data.
[1]
A legal description of the property with metes and bounds.
[2]
Name and address of all members, stockholders, partners, or
other individuals having a legal or equitable interest in the entity
that owns an interest in the property.
[3]
The names and addresses of all persons residing in the area
to be annexed.
(b)
Exhibit showing:
[1]
The legal boundaries of the property, to include complete parcels
and all property lines in order to eliminate noncontiguous land that
may be annexed in the future.
[2]
The existing land use conditions surrounding the subject property.
[3]
Existing county zoning and the petitioner's proposed City zoning.
[4]
A property tax map.
[5]
An aerial photographic map at an appropriate scale.
[6]
Topographic map of the property at an appropriate scale.
[7]
Existing public facilities and improvements.
[8]
Existing reserved or public areas.
(c)
Certification that each owner of real property, both within
the area of the proposed annexation and contiguous to the annexation
area, has either executed the petition or has been sent by certified
mail and first-class mail to the address listed in the assessments
records, within 10 days prior to filing of the petition, a summary
in a format provided by the City.
(d)
Concept plan:
[1]
Showing the boundary of the area to be annexed.
[2]
Showing the general location of each proposed land use (residential
with type, commercial, open space, etc.) on the property and the percentage
of the whole for each use. General location of land uses may be shown
as irregular graphic shapes depicting the approximate size and relationship
to adjacent land uses.
[3]
Providing a table listing densities and land use by type, including
the area of each.
[4]
Showing the density of residential development, the maximum
and minimum lot sizes, and the anticipated square footage of commercial
and industrial buildings.
[5]
Showing existing and proposed arterial and collector streets
adjoining (where applicable) and their relationship to the principal
land uses on the site, consistent with the adopted Transportation
Element in the Comprehensive Plan for the City.
[6]
Showing existing and proposed major utility lines or facilities
and their relationship to the principal land uses on the site.
[7]
Showing contour lines at a maximum of five-foot intervals.
[8]
Showing significant natural or man-made features on the site
and contiguous to the property, as available from current Harford
County or other pertinent geographic information system (GIS) databases.
(e)
Description of municipal services that may need to be upgraded,
initiated, or extended, together with a recommendation regarding the
priority for accomplishing the improvements and a recommendation as
to possible sources of funding and recoupment for any capital improvements.
(f)
Estimation of the potential revenue that will be generated from
the development of the area to be annexed and which will be realized
by the City.
(g)
Description of the social and economic characteristics of the
proposed area to be annexed and the surrounding area.
(h)
Identification of existing environmental characteristics (floodplains,
wetland delineations, endangered flora and fauna, etc.) of the proposed
area to be annexed and the surrounding area with information relating
to any environmental impact which annexation and development might
have upon these characteristics.
(i)
Description of any unique characteristics (i.e., historical,
archaeological, institutional, etc.) situated in the area to be annexed
and a surrounding area within a one-mile radius of the area to be
annexed, with an analysis of how these characteristics would be impacted
by annexation.
(j)
A detailed statement as to whether the land uses and densities
permitted under the proposed City zoning classification and the land
uses for the annexed area and densities permitted under the current
Harford County zoning classification are, or are not, substantially
different as that term is defined in § 4-416 of the Local Government
Article of the Annotated Code of Maryland.
(2)
Community
informational meeting (CIM). Within 45 days prior to the petition
filing date, the petitioner shall hold a CIM. This meeting will be
facilitated by the City planning staff and held at a public location
(library, City Hall, etc.) adequate to serve the expected turnout
of residents. The meeting shall be advertised by a posting on the
property(ies) at its boundary with a public road, or at the closest
public road intersection, and in a news publication of general weekly
circulation in the Aberdeen area. The staff shall coordinate the attendance
of a liaison from the Planning Commission and the City Council. At
a minimum, all documents included in the petitioner’s filing
shall be made available for review at the CIM. The petitioner shall
submit a summary of comments (meeting minutes) made by the citizens
to the City at the CIM at least 10 days prior to the scheduled Planning
Commission hearing regarding the petition. The petitioner also shall
include a certification that the CIM was advertised.
(3)
Petition preliminary review. Within 90 days following the date of
the filing of a petition and all required attachments, the Director
of Planning and Community Development shall conduct a preliminary
review of the petition with the petitioner(s), or the petitioner's
representative, and the Director of the Department of Public Works.
Prior to beginning the review, the Department of Planning and Community
Development shall inform the petitioner(s), in writing, of the date
when the petition and all required attachments have been provided
and accepted. Based upon this review, the Director of Planning and
Community Development may direct the petitioner to submit additional
information within a thirty-day period or to take other reasonable
steps with regard to the petition, including:
(a)
Supplementation of the information required to be submitted
in the petition.
(b)
Provision for a study by an independent consultant selected
by the City and the petitioner to evaluate the information submitted
in support of the petition and to determine the fiscal impact of the
annexation on the City.
(c)
Provision for any other studies necessary for the proper consideration
of the petition.
(d)
Additional mailing, posting or advertising notice requirements.
(4)
Petition review by Planning Commission.
(a)
Upon completion of the review, the Director of Planning and
Community Development shall forward the petition package to the Planning
Commission no less than 30 days prior to the next scheduled Planning
Commission meeting. At this time, the Director shall advertise the
agenda of the Planning Commission in a news publication of general
weekly circulation in the Aberdeen area. The petitioner shall supply
15 copies and one digital-format copy of the completed petition package
to the Director prior to this submittal.
(b)
The Planning Commission will review the petition for annexation
and take public comment during its scheduled meeting.
(c)
The Planning Commission shall submit its recommendation to the
City Council within 60 days of the Planning Commission meeting.
(5)
Payment for processing and review.
(a)
The petitioner shall be responsible for payment for all studies
required by the Director of Planning and Community Development and
reimbursement of all staff and Attorney time necessary for review
of the petition and all studies.
(b)
The staff shall keep an accounting of their time spent on the
annexation review reflecting the hourly rate of each employee established
by the City.
(6)
Adoption of annexation plan. Consistent with § 4-415 of
the Local Government Article of the Annotated Code of Maryland, the
City Council shall adopt an annexation plan which shall be open to
public review and discussion at a public hearing.
(7)
Public hearing.
(a)
When the petitioner has complied with the requirements as specified
by the Director of Planning and Community Development following the
review and the annexation has been prepared and distributed, the City
Council shall introduce an annexation resolution and conduct a public
hearing with regard to the proposed annexation at the time and place
as shall be established by it.
(b)
The hearing shall be conducted and a record of the proceedings
shall be preserved in a manner as the City Council prescribes.
(c)
A description of the annexation and a notice of the time and
place of the hearing shall be published as specified in § 4-406
of the Local Government Article of the Annotated Code of Maryland.
(d)
At the hearing, the recommendations of any board, commission,
or agency shall be considered evidence.
(8)
Conditions. In acting favorably with regard to the petition, the
City Council may include in its resolution such conditions and restrictions
as are deemed necessary for the protection of the public interest,
furtherance of the health, safety, and welfare of the residents of
the City and to secure compliance with any relevant legal standards
or requirements.
(9)
Annexation agreement.
(a)
The City Council may, prior to voting on the resolution, enter
into an annexation agreement with persons and entities that are petitioners
in the annexation petition. Only those petitioners that agree to be
responsible to the City for performance of contractual or financial
commitments, or that promise community benefits, are required to be
a party to the agreement.
(b)
The City Council shall hold a public hearing on the proposed
agreement prior to the City's final approval and execution of the
agreement and before taking a vote on the annexation resolution. The
copies of the proposed agreement shall be made available to the public
at City Hall no later than 10 calendar days prior to the public hearing.
(c)
The effective date of the agreement shall be the date that the
approval of the annexation resolution by the City Council becomes
final. Upon the annexation resolution becoming final, the agreement
shall be binding upon the parties thereto, their heirs, successors,
grantees and assigns.
(d)
The annexation agreement shall be recorded by the City in the
land records of Harford County, Maryland, within 30 days of the date
the annexation resolution becomes final.
(10)
Zoning. In acting favorably with regard to the petition, the
City Council shall designate the zoning classification of the annexed
land as provided for in this chapter and in other applicable laws,
ordinances, regulations, and procedures related to zoning of annexed
land.
(11)
Approval or rejection.
(12)
Other applicable law. This procedure is in addition to any other
provisions of the City Charter and Code of the City of Aberdeen and
of the Annotated Code of Maryland that govern annexation.
A.
A violation of this chapter or any condition attached to a special exception or variance shall constitute a municipal infraction and shall be subject to the provisions of § 95-1 et seq. of the City Code.
B.
In the event of a violation of any of the provisions of this chapter
or any amendment or supplement thereto, the Zoning Administrator,
any adjacent or neighboring property owner or any person who would
be specially damaged by such violation, in addition to other remedies
provided by law, may file for injunction, written court order, abatement
or other appropriate action or other proceeding to prevent, restrain,
correct or abate such unlawful activity or use.
C.
Notice of violation shall be sent by certified mail and first-class
mail to the owner of the property as listed on the real estate tax
records of the State Department of Assessments and Taxation and by
posting on the property and shall provide a five-day notice to correct
unless the violation causes imminent peril to life or property.
D.
Upon reasonable notice, the Zoning Administrator or authorized designee
shall have the right to enter upon any land and to abate any zoning
violation for which notice has been provided and to impose the cost
of such abatement as a lien upon the property, to bear interest, be
collected and enforced, and in all respects be treated in the same
manner as City real property taxes.
