Upon the filing of an application for a special
exception or variance before the Board of Zoning Appeals, the following
action shall be taken preparatory to holding a hearing thereon:
A. The Planning and Zoning Commission shall review all
special exception applications or variances and shall forward its
recommendations to the Board of Zoning Appeals within 30 days of submission
of such application or appeal.
[Amended 8-9-2004 by Ord. No. 119]
B. The Board shall hold a public hearing within 60 days
of submission of the application or appeal.
C. Notice of the hearing shall be advertised in two consecutive
issues of a newspaper having general circulation in the Town. The
first insertion shall appear in such newspaper at least 25 days prior
to such hearing.
D. Property upon which the application or appeal is concerned
shall be posted by the applicant conspicuously by a zoning notice
at least 14 days before the date of the hearing. All signs posted
by the applicant providing notice of the public hearing shall be removed
by the applicant and returned to the Town Office no later than two
weeks following the public hearing.
[Amended 5-9-2011 by Ord. No. 149]
E. Notification by certified mail shall be made to the
appellant or petitioner and to the owners of those properties and
the addresses certified on the notice of appeals by the appellant
or petitioner as being contiguous to the property with which the hearing
is concerned.
F. The Board, upon application, in writing, by any interested
party filed with the Board no less than 10 days prior to the date
of scheduled hearing, shall visit the specific property involved prior
to the hearing. The Board, in its discretion, may otherwise visit
the specific property prior to or after the hearing.
G. Requests for postponement of a scheduled hearing shall
be filed, in writing, with the Board not less than 10 days prior to
the date of hearing and shall be accompanied by a sum of money sufficient
to pay the cost of advertising the postponement and the rescheduled
hearing. The granting of such requests shall be at the discretion
of the Chairman of the Board.
H. Requests for postponement filed later than 10 days prior to the date of a scheduled hearing shall, in addition to the other requirements set forth in Subsection
F above, be supported by an affidavit of the party making the request or of some other creditable person. The granting of such request shall be at the discretion of the Board in cases of extreme hardship or upon good cause shown.
I. The Board may, upon its own initiative, postpone a
scheduled hearing at any time.
J. The Board may continue a hearing at another time and/or
date once such hearing has been started; however, the Board shall
announce the date and hour of continuance of such hearing while in
session.
K. The Board, following such action above, shall hold
such hearing. At the hearing, any party may appear to be heard in
person or by agent or attorney.
L. The Board shall render a decision within a reasonable
time, but in no instance more than 60 days following the hearing.
In accordance with the applicable provisions
of Maryland law, any persons, jointly or severally, aggrieved by any
decision of the Board of Zoning Appeals or any taxpayer or any officer,
department, board or bureau of the municipality may present to the
Circuit Court of the county a petition duly verified, setting forth
that such decision is illegal, capricious or arbitrary in whole or
in part, specifying the grounds. Such petition shall be presented
to the court within 30 days after the filing of the decision in the
office of the Board.