To provide for the competent interpretation and the full and
equitable achievement of the purposes of this chapter, there is hereby
established a Board of Appeals.
The Board shall consist of three members. The terms of office
of the members shall be three years. Members shall be appointed by
the Mayor and Commissioners and shall be removable for cause upon
written charges and after public hearing. The Mayor and Commissioners
shall designate one alternate member for the Board who shall be empowered
to sit on the Board in the absence of any regular member of the Board.
A.
Procedures. The Board shall elect a Chairman from its membership,
shall appoint a Secretary and shall prescribe rules for the conduct
of its affairs in accordance with the provisions of this chapter and
of the Land Use Article of the Annotated Code of Maryland.[1]
B.
Meetings. Meetings of the Board shall be held at the call of the
Chairman and at such other times as the Board may determine. Such
Chairman or, in his absence, the Acting Chairman may administer oaths
and compel the attendance of witnesses. All meetings of the Board
shall be open to the public. Two members present shall constitute
a quorum.
C.
Records and decisions. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed in the office of the Board and shall be a public
record, All actions or decisions of the Board shall be taken by resolution
in which two members, present during the proceedings, must concur.
Each resolution shall contain a statement of the grounds and any findings
forming the basis of such action or decision. The Board shall notify
the Mayor and Commissioners, Planning and Zoning Commission and Zoning
Administrator of all decisions and resolutions.
Appeals to the Board may be taken by any person aggrieved or
by any officer, department, board or bureau of the Town affected by
any decisions of the Zoning Administrator.
Upon appeal from a decision by the Zoning Administrator, the
Board shall decide any question:
A.
Where it is alleged there is error in any order, requirement, decision
or determination, including any order requiring an alleged violation
to stop, cease and desist, made by the Zoning Administrator in the
enforcement of this chapter; or
B.
Involving the interpretation of any provisions of this chapter, including
determination of the exact location of any district boundary if there
is uncertainty with respect thereto.
A.
Upon appeal from a decision by the Zoning Administrator, the Board
shall have the power to vary or adapt the strict application of any
of the requirements of this chapter in the case of exceptionally irregular,
narrow, shallow or steep lots, or other exceptional physical conditions,
whereby such strict application would result in practical difficulty
and unnecessary hardship depriving the owner of the reasonable use
of the land or building involved, but in no other case.
B.
In general, the power to authorize a variance from the terms of this
chapter shall be sparingly exercised and only under peculiar and exceptional
circumstances.
C.
No variance in the strict application of the provisions of this chapter
shall be granted by the Board unless the Board finds that the following
requirements and standards are satisfied. The appellant must show
that the variance will not be contrary to the public interest and
that practical difficulty and unnecessary hardship will result if
it is not granted. In particular, the appellant shall establish and
substantiate his appeal to show that the appeal for the variance is
in conformance with the requirements and standards listed below:
(1)
That the granting of the variance shall be in harmony with the general
purpose and intent of this chapter and shall not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
(2)
That the granting of the variance will not permit the establishment
within a district of any use which is not permitted in that district.
(3)
That special circumstances or conditions, fully described in the
findings, apply to the land or building for which the variance is
sought, which circumstances or conditions are such that strict application
of the provisions of this chapter would deprive the applicant of the
reasonable use of such land or building or create unnecessary hardship.
If the hardship is general, that is, shared generally by land or buildings
in the neighborhood, relief shall be properly obtained only by legislative
action or by court review of an attack on the validity of this chapter.
(4)
That the granting of the variance is necessary for the reasonable
use of the land or building and that the variance as granted by the
Board is the minimum variance that will accomplish this purpose. It
is not sufficient proof of hardship to show that greater profit would
result if the variance were awarded. Furthermore, hardship complained
of cannot be self-created; it cannot be claimed by one who purchases
with or without the knowledge of restrictions; it must result from
the application of this chapter; it must be suffered directly by the
property in question; and evidence of variance granted under similar
circumstances shall not be considered.
D.
The Board may prescribe any safeguard that it deems necessary to
secure substantially the objectives of the regulation or provisions
to which the variance applies.
A.
The Board shall have the power to approve special exceptions for
any of the uses for which this chapter requires obtaining of such
exceptions and for no other use or purpose. The Board shall not grant
a special exception except in conformance with the conditions and
standards of this chapter.
B.
In granting a special exception, the Board shall make findings of
fact consistent with the provisions of this chapter. The Board shall
grant a special exception only if it finds adequate evidence that
any proposed use submitted for a special exception will meet all of
the following general requirements as well as any specific requirements
and standards listed for the proposed use. The Board shall, among
other things, require that any proposed use and location be:
(2)
Suitable for the property in question and designed to be in harmony
with and appropriate in appearance with the existing or intended character
of the general vicinity.
(3)
Suitable in terms of effects on street traffic and safety with adequate
access arrangements to protect streets from undue congestion and hazard.
C.
The Board may impose whatever conditions regarding layout, circulation
and performance it deems necessary to ensure that any proposed development
will secure substantially the objectives of this chapter. The Board
shall consider recommendations of the Planning and Zoning Commission,
if any, prior to rendering a decision.
A.
General rules.
(1)
Any appeal shall be made by filing the same with the Zoning Administrator
within 30 days after the date of the Zoning Administrator's decision.
(2)
All appeals and applications made to the Board shall be in writing
on standard forms prescribed by the Board.
(3)
All appeals and applications shall list names and addresses of all
adjoining owners, including those across the street from the subject
property.
B.
Interpretation appeals. Appeals concerning the interpretation of
any provisions of this chapter shall exactly set forth the interpretation
that is claimed.
C.
Variance appeals. Appeals for variance from the strict application of this chapter shall include the zoning permit application denied by the Zoning Administrator together with a statement with any supporting data regarding the requirements listed in § 250-72.
D.
Special exception applications. Applications for special exceptions
shall include a zoning permit application with all information required
therein and a statement with any supporting data regarding the merits
of the proposed use at the proposed location and how the proposal
complies with the general and specific requirements of this chapter.
Upon transmittal to the Board of an application filed with the
Zoning Administrator for a special exception, variance or appeal from
alleged error of the Zoning Administrator, the Board shall fix a reasonable
time (not less than 30 days nor more than 45 days) from the transmittal
date for a public hearing thereon and give notice as follows:
A.
At least 15 days prior to the date fixed for public hearing, publish
a notice containing the name of the applicant or appellant; the date,
time, and place fixed for the hearing; and a brief statement of the
special exception sought by the applicant, or the error alleged by
the appellant, or of the variance or other question which is subject
to appeal, in at least one newspaper of general circulation within
the Town.
B.
Post, in a conspicuous place on the property involved, a notice of pending action containing the same information as in Subsection A above, such posting to take place at least 15 days prior to the date fixed for the public hearing.
C.
Give written notice of the time and place of such hearing sent by
registered mail to the applicant or appellant and to the owners of
record of property contiguous to or opposite the property affected.
A.
The Board shall request an advisory opinion from the Planning and
Zoning Commission on any application for a special exception and the
Board shall consider such advisory opinion, if any, prior to making
a decision on an application.
B.
The Board shall also request an advisory opinion from the Planning
and Zoning Commission on any application for a variance or interpretation.
A.
Decisions by the Board on special exception, variances and interpretation
appeals shall be rendered within 10 calendar days of the hearing on
said exception, variance or interpretation, unless a later date is
mutually agreed upon by the Board and applicant.
B.
In exercising its powers concerning interpretation appeals, the Board
may, in conformity with law and the provisions of this chapter, reverse
or affirm, wholly or in part, or may modify the order, requirement,
decision or determination appealed from and make such order, requirement,
decision, or determination as ought to be made, and to that end shall
have all the powers of the officer from whom the appeal is taken.
C.
In making its decisions pursuant to the authority conferred by this
chapter, the Board shall study the specific property involved, as
well as the neighborhood, and consider all testimony and data submitted,
and shall hear any person desiring to speak for or against the issuance
of the permit. However, the application for a permit shall not be
approved where the Board finds the proposed building, addition, extension
of building or use, sign, use or change of use would adversely affect
the public health, safety, security, morals, or general welfare, or
would result in dangerous traffic conditions, or would jeopardize
the lives or property of people living in the neighborhood. In deciding
such matters, the Board may give consideration, among other things,
to the following:
(2)
The number of people residing or working in the immediate area concerned.
(3)
Traffic conditions and facilities.
(4)
The effects of such use upon the peaceful enjoyment of people in
their homes.
(5)
The conservation of property values.
(7)
The most appropriate use of land and structure.
(8)
Decision of the courts.
(9)
The purpose of these regulations as set forth herein.
(10)
Type and kind of structures in the vicinity where public gatherings
may be held, such as schools, churches and the like.
A decision of the Board permitting the erection or alteration
of a building shall be valid for a period of one year, unless a zoning
permit for such erection or alteration is obtained within this period
and the erection or alteration proceeds to completion in accordance
with the terms of the decision. No decision of the Board permitting
the use of a building or land shall be valid for a period longer than
one year, unless such use is established within said period, except
that, where such use is dependent upon the erection or alteration
of a building, such order shall continue in force and effect if a
zoning permit for such erection or alteration is obtained within said
period and such erection or alteration proceeds to completion in accordance
with the terms of the decision.
Any person or persons jointly or severally aggrieved by any
decision of the Board or any taxpayer of the Town or any officer,
department, board or bureau of the Town may appeal the same to the
Circuit Court of Allegany County.
