Talbot County, MD Article VII Administration

§ 190-53 Advisory and decisionmaking bodies.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Table 7-1 summarizes the bodies that make recommendations or decisions on the applications authorized by Chapter 190.

Table VII-1. Development Review Authority R = Recommendation; D = Decision; A = Appeal
Procedure		Advisory and Decisionmaking Bodies
		County Council	Planning Director	Planning Commission	Board of Appeals	Historic Preservation Commission	Short-Term Rental Review Board
County Council Authority
Zoning text amendment		D[1]		R
Zoning Map amendment		D[1]		R		R[2]
Establishment of Critical Area boundaries, land use designations, and Modified Buffer Areas		D[1]		R
Growth allocation in the Critical Area		D[1]		R
Solid waste disposal facility		D[1]		R
Comprehensive water and sewerage plan amendments		D		R
Board of Appeals Authority (Planning Director for specified minor applications)
Special exception			D[3]	R	D
Reasonable accommodation					D
Administrative appeal					D
Minor modification of nonconforming use			D		A
Expansion of nonconforming use				R	D
Variance
Major					D
Minor			D	R[4]	A
Planning Commission Authority (Planning Director for specified minor applications)
Site plan
Major			D[3]	D	A	R[7]
Minor			D	R[5]	A
Administrative			D		A
Subdivision	Major			D	A	R[7]
	Small-scale			D	A	R[7]
	Minor		D	R[5]	A	R[7]
Revision plat	Major			D	A
	Minor		D	R[5]	A
Waiver			D(6)	D(6)	A
Historic Preservation Commission Authority
Certificate of appropriateness (HDO District)					A	D
Planning Director Authority
Use certificate			D	R[5]	A
Nonconforming status certificate			D		A
Interpretations of zoning regulations or maps			D	R[5]	A
Sign permit			D		A
Developer agreement			D		A
Short-Term Rental Review Board
Short-term rental license			R[8]		A		D

Notes on Table VII-1:
[1]	The Critical Area Commission must approve if application is within or related to the Critical Area.
[2]	The Historic Preservation Commission must make a recommendation on use of the Historic Overlay Zone.
[3]	Minor amendments to a special exception or a major site plan may be approved by the Planning Director.
[4]	The Planning Commission makes a recommendation if minor variance is from Critical Area requirements, impacts the Shoreline Development Buffer, or varies any requirement by more than 10%. The Planning Director may request a Planning Commission recommendation on any other minor variance.
[5]	The Planning Director may request that the Planning Commission provide a recommendation.
[6]	The decisionmaking authority for the related plan makes the decision on the waiver application.
[7]	The Historic Preservation Commission provides comments if the plan impacts an historic resource.
[8]	The Planning Director may provide a recommendation to the Short-Term Rental Review Board for new licenses and issues renewal licenses.

§ 190-54 General application and review procedures.

Applications submitted pursuant to this chapter shall be processed in accordance with the procedures of this section and any other procedures established in this chapter for a specific decisionmaking body or type of application.

54.1 Preapplication meetings.

A. The purpose of a preapplication meeting is to provide an opportunity for an applicant or landowner to present the nature of the proposed application, understand the development review process, discuss any zoning, infrastructure, environmental and cultural resource characteristics and issues of a particular property, and identify development alternatives.

B. A preapplication meeting with the Department of Planning and Zoning shall be required for site plans, major or small-scale subdivision plans and STAR Floating District applications and is optional for all other applications. The meeting shall be scheduled by the Department of Planning and Zoning at its request or upon request of the applicant.

C. In addition to the applicant or his representative(s) and the Department of Planning and Zoning, the meeting shall include appropriate County reviewing agencies and may include representatives of any other public agency that may have an interest in or be affected by the proposed development. All comments provided by reviewing agencies are considered non-binding.

D. To facilitate discussion at the preapplication meeting, a concept plan, a narrative of the land use proposal and any known existing site conditions shall be submitted to the County.

E. The meeting may include discussion of the applicant's potential future plans for the site, including possible subdivision or development not proposed in the current application.

54.2 Submission of applications.

A. Application forms and submittals.

1. The Planning Director shall publish application forms and a checklist of required information for all applications authorized by this chapter.

2. The required information for special exceptions, variances and administrative appeals shall include the materials required by Chapter 20 of the Code.

3. The Planning Director shall have the authority to request additional information not specifically listed on the application forms to ensure compliance with this Code.

4. All applications must be accompanied by required fees in accordance with the fee schedule established by the County Council.

B. Review for completeness. Unless otherwise specified in Chapter 190, all proposed development shall be subject to the following:

1. A complete application accompanied by all required fees shall be submitted prior to the regularly scheduled meeting of the applicable advisory or decisionmaking body where the request is considered. The Planning Director has the discretion to not schedule an application for the next regularly scheduled meeting if the Planning Director determines more time is needed to investigate and prepare a review in order to make an appropriate presentation before the applicable advisory or decisionmaking body.

2. All applications shall be submitted to the Department of Planning and Zoning. The applicant shall submit paper copies of the application to the Planning Director for staff review of completeness. The Director may require a greater or fewer number of copies of the plan as it determines to be appropriate. If produced electronically, an electronic copy of the required submission materials (plats, plans, exhibits, studies, reports, legal documents and letters) shall also be included with each submission in standard digital format as specified by the Planning Director.

3. The Planning Director shall determine, within 15 days, if the application is complete. No application shall be deemed complete unless all the information required is included, and all filing fees have been paid.

4. If an application is determined not to be complete, the Planning Director shall specify those parts of the application which are deficient and list additional information that must be supplied. No further action on the application shall be taken until the deficiencies are remedied and the application shall not be processed until deemed complete.

5. The Planning Director's determination that an application is deemed complete is solely for the purpose of determining whether preliminary information required for submission with the application is sufficient to allow further processing and shall not constitute a determination that the application meets requirements for approval and shall not preclude a request for additional information or materials in the future to complete the review of the application.

6. The provisions of this subsection shall not be construed as requiring an applicant to submit, with the initial application, the entirety of the information which the reviewing agency may require in order to take final action on the application.

7. When the application is determined complete, copies of the application shall be distributed to the appropriate reviewing agencies or decisionmaking bodies.

C. Coordinated processing. If more than one type of application is required by this chapter for a particular development proposal, the Planning Director will, to the extent possible, provide for concurrent review of applications related to the same proposed development or activity.

54.3 Notification of Critical Area Commission.

A. If an application for a Zoning Map amendment, special exception, variance, site plan or subdivision plan involves development located wholly or partially within the Critical Area:

1. The Planning Director shall send the application to the Critical Area Commission at least two weeks prior to a scheduled public meeting before the decisionmaking body for the application.

2. The Planning Director shall notify the Critical Area Commission of the decision to approve or deny the application within 10 days of the decision.

3. If the application is for a variance to a Critical Area requirement, the County shall provide the Critical Area Commission with a copy of the written decision approving or denying the variance within 10 working days after the decision is issued.

B. Comments received from the Critical Area Commission in response to an application shall be forwarded to the body considering the application for its consideration at the public hearing or public meeting. No final decision shall be made on the application until the County has received notification that the application was received by the Critical Area Commission.

C. Amendments to the Critical Area requirements of this chapter and applications for growth allocation, if approved by the County Council, require approval by the Critical Area Commission in accordance with § 190-55.1.D below.

54.4 Fees.

A. Fee schedule. The County Council shall establish by resolution a schedule of fees for applications, licenses and other items for which a fee is required. Required fees shall be paid at the time of filing. Processing of an application shall not commence until required fees are paid.

B. Third party review. Where the requirements of this chapter for a particular application or land use authorize an agency, board or commission of Talbot County to obtain third party review of material submitted with the application, the cost of such review shall be paid by the applicant.

54.5 Public notice. Public notice shall be provided of public meetings or hearings required by this chapter as specified below, unless different requirements are specified in this chapter for the particular type of application. Public notice requirements for Board of Appeals hearings are in Chapter 20 of the Code.

A. Publication of agendas.

1. An agenda shall be published for public meetings or hearings held under the provisions of this chapter. The agenda shall be published prior to the meeting, shall be available to the public in the Department of Planning and Zoning, and shall be made available through other means as required by specific provisions of this chapter, by the rules of procedure of the particular body, or as deemed appropriate by the Planning Director.

2. The agenda shall include the date, time and location of the public meeting or hearing and shall list, for each application, the file or case number, the location of the property, and the type of application.

B. Posting, advertising and mailed notice. Where this chapter requires posting of property, newspaper advertisement, or mailing to adjacent property owners, the following shall apply:

Table VII-2. Public Notice Requirements
1. Posting on Property				2. Newspaper Advertisement		3. Mailing to Adjacent Property Owners
a. Parties responsible; action
Planning Director provides sign; applicant installs sign on property				Department of Planning and Zoning provides text and submits advertisement to newspaper; applicant bears the cost as part of the application fee		Unless noted otherwise herein, the Department of Planning and Zoning mails meeting notice to the owners of all adjacent properties. The notice is mailed to the address to which the real estate tax bill on the property is sent. Applicant is responsible for providing mailing list and postage fees.
b. Contents of notice
Sign must state that there is a pending zoning application and provide the telephone number of Planning Office				Newspaper advertisement and mailed notice shall state:
				i.	The date, time and location of the meeting or hearing;
				ii.	A summary of the purpose of the proceeding in sufficient detail to inform the public of the nature of the proceeding;
				iii.	The location of the property, its area, name of owner, file or case number of the proceeding, and the name of the governmental body before whom the meeting is to be conducted; and
				iv.	Other information deemed necessary by the Planning Director to adequately inform the public of the proceeding.
c. Specifications
i.			Minimum sign dimensions: 2 feet by 2 feet			Adjacent properties include:
ii.			Location: within 10 feet of the right-of-way of the most traveled public road abutting the property, or as assigned by the Planning Director to maximize public visibility of the sign			i.	Properties contiguous to the property with which the meeting is concerned;
						ii.	Properties separated by a road, easement or right-of-way; and
iii.			Maintain in a visible location and free from obstruction by vegetation			iii.	Properties within 1,000 feet whose line of sight to the subject property is entirely over water.
d. Timing
Post sign at least 15 days prior to the meeting or hearing date; remove within five days after the conclusion of the last public meeting or hearing on the application				Advertise once in a newspaper of general circulation in the County; publication date shall be at least 15 days prior to the meeting date		Notices must be postmarked at least 15 days prior to the meeting or hearing
e. Special circumstances
If the applicant is a person other than the owner, the owner's attorney or agent, and the applicant files an affidavit stating that the owner is unwilling to permit posting of the sign, the posting shall be made by the Planning Director.						Failure of a person to receive the notice prescribed in this section shall not impair the validity of the public meeting or hearings.
f. Proof of advertising required
Applicant shall affirm by affidavit that the sign has been continuously posted in compliance with this section up to the time of the meeting.				Department of Planning and Zoning shall provide proof of publication as part of the official record of the application.		Applicants required to mail notice shall submit certificates of mailing, signature receipts, or comparable proof of mailing to the Planning Director at least 15 days prior to the hearing.
g. Notification for continued hearing
The sign shall be maintained until the close of the hearing on the case.				If a meeting is held and continued, a new newspaper advertisement shall not be required.		If a meeting is held and continued, a new mailing to the adjacent property owners shall not be required.

54.6 General procedures for Board of Appeals applications.

A. The Board of Appeals shall hear and decide on applications for special exceptions, variances, expansion of nonconforming uses, and reasonable accommodation for needs of disabled citizens, as authorized by this article.

B. In addition, any person aggrieved by a final order or decision of the Planning Director, Planning Commission or Historic Preservation Commission may file an administrative appeal with the Board of Appeals in accordance with Chapter 20 of the County Code.

C. Procedures for the Board of Appeals are given in Chapter 20, Board of Appeals, of the County Code.

§ 190-55 County Council applications.

55.1 General procedures.

A. Types of applications. The County Council is authorized to hear and decide on the following applications, as authorized by this article:

1. Amendments to the text of this chapter.

2. Amendments to the Official Zoning Maps.

3. Amendments to the Critical Area Maps, which include amendments to the boundaries of the Critical Area, the Critical Area land management designations (RCA, LDA and IDA), and Modified Buffer Areas.

4. Applications for use of growth allocation in the Critical Area.

5. Applications to establish or enlarge solid waste disposal sites.

B. Persons authorized to apply.

1. Amendments to the Official Zoning Maps or the zoning text, including Zoning Map amendments in the Critical Area that require growth allocation, may be initiated by the County Council, Planning Commission, or Planning Director.

2. In addition to the applications authorized by Subsection B.1 above:

a. A proposed amendment to the text of this chapter may be submitted to the Council by any interested person; and

b. A proposed amendment to a Zoning Map, an application for growth allocation, or an application for a solid waste disposal site may be submitted to the Council by a person with a committed financial, contractual or proprietary interest in the property affected by the amendment.

3. For amendments proposed pursuant to Subsection B.2.a or b above, the Council shall review the proposed amendment and any member of the Council may determine that:

a. The subject matter of the text or map amendment has comprehensive impacts to the general welfare of the County and shall direct staff to draft or share in the drafting of the proposed amendment; or

b. The subject matter of the text or map amendment is focused on a specific land use, zoning or other topic and the Council shall authorize staff to process the application to be filed by the interested person; or

c. The proposed amendment is inherently inconsistent with this chapter and the general policies of the Comprehensive Plan and shall not be processed.

C. Review and decision.

1. For applications submitted pursuant to Subsection B.1, B.2.a or B.2.b above, the application shall proceed as indicated below.

2. The Planning Director shall prepare a staff report and recommendation on the application and forward it to the Planning Commission.

3. The Planning Commission shall consider the application and the Planning Director's recommendation at a public meeting and make a recommendation based on the factors and standards required for the particular type of application. The Planning Director shall submit the recommendations and any pertinent information to the County Council within 60 days of acceptance of a complete application.

4. After receiving the recommendations of the Planning Director and Planning Commission, any member of the Council may introduce legislation; if no member of the Council introduces legislation, the application fails.

5. If any member of the County Council introduces legislation, the public hearing shall be advertised in accordance with the requirements for posting, newspaper publication, and notice to adjacent property owners specified in § 190-54.5 of this article. Notification of adjacent property owners and posting of the property shall not be required for sectional or comprehensive amendments to the Official Zoning Maps or for zoning text amendments.

6. The Council shall not approve or disapprove an amendment to the Official Zoning Maps until a site visit has been made by a majority of the Council members to inspect the physical features of the property and determine the character of the surrounding area. A site visit shall not be required for sectional or comprehensive amendments to the Official Zoning Maps.

7. Legislation shall be heard in accordance with County Council legislative procedures.

D. Approval by Chesapeake Bay Critical Area Commission. These provisions apply to all applications for amendments to the County's Critical Area Program, including revisions to the Critical Area requirements of this chapter, requests for use of growth allocation, and amendments to Critical Area Maps.

1. Such applications, if approved by the County Council, shall be submitted by the County to the Critical Area Commission for approval. By state law, the Commission has 130 days to act on a request. If no action is taken in 130 days, the request will be considered approved.

2. The County's request for approval of amendments to its Critical Area Program shall include all relevant information necessary for the Critical Area Commission Chairman and, as appropriate, the Commission, to evaluate the changes. The Chairman and, as appropriate, the Commission, shall determine if the program changes are consistent with the purposes, policies, goals and provisions of the Critical Area Law and the Commission's criteria.

3. In accordance with the determination of consistency as outlined above, the Chairman or, as appropriate, the Commission will:

a. Approve the proposed program refinement or amendment and notify the local jurisdiction; or

b. Deny the proposed program refinement or amendment; or

c. Approve the proposed program refinement or amendment subject to one or more conditions; or

d. Return the proposed program refinement or amendment to the local jurisdiction with a list of changes to be made.

4. A request denied by the Critical Area Commission, or returned with changes to be made, may be reconsidered by the County Council. Such a request may be revised by the applicant to address the reasons for Critical Area Commission decision. The revised request shall be submitted to the Planning Director for reconsideration by the County Council within 90 days of Critical Area Commission denial. An extension of the ninety-day deadline may be requested for a specific period of time, if the applicant can demonstrate, to the satisfaction of the Planning Director, circumstances beyond the applicant's control.

E. Effective date. An application approved by the County Council shall take effect 60 days after the Council bill is passed, and upon approval by the Critical Area Commission if required.

55.2 Amendments to Official Zoning Maps.

A. Procedures. See § 190-54, General application and review procedures, and § 190-55.1 above.

B. Factors to be considered. The Council shall consider findings of fact including, but not limited to, the following when making a decision on a proposed amendment to the Official Zoning Maps:

1. Consistency with the purposes and intent of the Talbot County Comprehensive Plan;

2. Compatibility with existing and proposed development and land use in the surrounding area;

3. Availability of public facilities;

4. The effects on present and future transportation patterns; and

5. The effect on population change within the immediate area.

C. Standards for decision.

1. After a review of the applicable findings, the Council may grant a Zoning Map amendment based upon one of the following findings:

a. That there was a substantial change in the character of the neighborhood or community where the property is located since the last comprehensive or sectional Zoning Map amendment, such that the zoning district applied through the comprehensive or sectional amendment is no longer appropriate to the setting and context of the property; or

b. That there was a mistake in the existing zoning classification.

2. The findings given in Subsection C.1 above shall not be required to establish a floating or overlay district or to approve a comprehensive or sectional Zoning Map amendment.

3. Entitlement to connect to public sewer shall not alone be sufficient to support a finding of substantial change in the character of the neighborhood or community where the property is located as set forth in Subsection C.1.a. above.

4. The fact that an application for a Zoning Map amendment complies with all the specific requirements and purposes set forth in this chapter shall not be deemed to create a presumption that the proposed amendment would be compatible with surrounding land uses and is not, in itself, sufficient to require approval.

D. New application after denial of map amendment.

1. If an application to amend the Official Zoning Maps is denied, either in whole or in part, no application shall be submitted to rezone all or part of the same property for at least one year from the date of the decision.

2. The Council may allow an applicant to withdraw an application at any time. However, if the request for withdrawal is made after publication of the newspaper notice of the public hearing, no application shall be submitted to rezone all or part of the same property for at least one year from the advertised public hearing date, unless the Council specifies that the time limit shall not apply.

E. Changing of Official Zoning Maps. The Planning Director shall change the Official Zoning Maps within 60 days after the adoption of any amendments and shall provide a copy to the Critical Area Commission within 120 days.

55.3 County Council permit for solid waste disposal facilities.

A. Procedures. The establishment or enlargement of a solid waste disposal facility shall require a permit from the County Council. See § 190-54, General application and review procedures, and § 190-55.1 above.

B. Review and decision.

1. After an application for a solid waste disposal facility is accepted, the Department of Planning and Zoning shall transmit it to state approval authorities. The application shall not be scheduled for a public meeting before the Planning Commission until any additional information required by state agencies is provided by the applicant.

2. The Council decision shall be based upon its determination as to whether the application complies with the requirements of this chapter and adequately protects and safeguards the public health, safety and welfare of the inhabitants of the surrounding residences and of the County.

55.4 Text amendments.

A. Procedures. See § 190-54, General application and review procedures, and § 190-55.1 above.

B. Text amendments generally. Text amendments shall be evaluated based upon their consistency with:

1. The purpose and intent of Chapter 190 and the individual sections of this chapter; and

2. Policies and goals of the Comprehensive Plan.

C. Text amendments to Critical Area provisions.

1. Amendments to the Critical Area text provisions shall be consistent with Maryland State Critical Area Law.

2. Any amendment shall not result in permitting uses that would adversely affect any wildlife or plant habitats as a result of a use's intrinsic nature and potential impact.

3. Proposed amendments shall not be granted if they would allow uses in the Critical Area that are prohibited by the Critical Area requirements, § 190-15.4.A.

55.5 Growth allocation and reclassification of Critical Area land management designations.

A. Purpose. Pursuant to Maryland's Critical Area Law and the County's Critical Area Program, Talbot County has a limited amount of growth allocation for development within the Critical Area. Growth allocation is used when the designation of land in the Critical Area is changed from a less intense to a more intense land management designation.

B. Use of growth allocation.

1. The procedures in this section govern applications to use the County's growth allocation or to amend the Critical Area land management designation in the County or specified municipalities.

2. Growth allocation is used when the County Council revises the designation of land from RCA to LDA or IDA, or from LDA to IDA. (See § 190-15.3B, Critical Area Overlay District, for definition of RCA, LDA and IDA).

3. Growth allocation must also be used to allow expanded lot coverage for certain land uses in the Critical Area, as indicated in the requirements for the applicable land uses in Article IV.

4. Change in the land designation from RCA to LDA or LDA to IDA will most often occur in conjunction with a Zoning Map amendment from the current district to a zoning district allowing more intensive development.

5. Growth allocation may also be used to reclassify land from LDA to IDA without amending the Zoning Map, in order to allow more intensive land use.

C. Changes in land management designation without growth allocation. Under limited circumstances, changes in land management designation can be made without use of the County's growth allocation on the basis of a mapping mistake. Such reclassifications would only be made pursuant to an application by the County to the Critical Area Commission, and would be based on the land uses in existence as of December 1, 1985.

D. Allowed acreage for growth allocations.

1. Growth allocation provisions in Maryland's Critical Area Law establish the following limits for Talbot County: a total of 2,554 acres, equaling 5% of the RCA acreage within the County at the time of the original Critical Area Program adoption (including incorporated towns) may be reclassified to a more intense land management designation. The County has subsequently reclassified 107.62 acres from LDA to RCA. Therefore, 5%, or an additional 5.38 acres, shall be added to the County's growth allocation acreage totaling 2,559.38 acres.

2. Talbot County's Critical Area Program in 1985 assigned a portion of the County's total growth allocation to the incorporated towns of Easton, Oxford and St. Michaels, as described below and as distributed among the towns by Table VII-3:

a. Five hundred ninety-five acres for reclassification from RCA to LDA or IDA; and

b. Ninety-two acres for reclassification from LDA to IDA.

3. The remainder of the 2,559.38 acres, or 1,872.38 acres, may be used for growth allocation in unincorporated areas of the County through approval by the County Council and Critical Area Commission.

Towns may also apply for use of growth allocation through the process for supplemental growth allocation (see § 190-55.5.1 below) after their original reserved allocation established in Table VII-3 has been entirely used. Supplemental growth allocation shall not exceed a cumulative total of 618 acres.

Table VII-3. Critical Area Growth Allocation Assigned to Towns: Original Allocation and Amount Remaining in 2018
	Acres Allowed to be Reclassified from RCA to LDA or IDA		Acres Allowed to be Reclassified from LDA to IDA
	Original 1985 Allocation	Remaining as of January 1, 2018	Original 1985 Allocation	Remaining as of January 1, 2018
Reserved for Easton	155	0	24	16.49
Reserved for Oxford	195	179.80	44	38.20
Reserved for St. Michaels	245	173.80	24	19.13
Total	595	353.581	92	73.821

NOTE:
1	Subject to pending applications.

E. Submission and review procedures.

1. When applicable.

a. These submission and review procedures apply to applications for reclassification of a Critical Area land management designation.

b. These procedures are not applicable to County comprehensive or sectional rezoning that result in the need for growth allocation or addition to RCA lands.

2. Application requirements. The application shall include:

a. A concept site development plan;

b. Appropriate environmental reports, maps and studies to provide sufficient information to permit the Planning Commission to review the application for consistency with the proposed Critical Area land management classification; and

c. Preliminary comments from the Maryland Department of the Environment, Department of Natural Resources and the Army Corps of Engineers, for the resources listed within the growth allocation application to include:

i. Rare, threatened, and endangered species;

ii. Forest interior dwelling birds and colonial water birds

iii. Anadromous fish and their propagation waters and any other aquatic species located on site;

iv. Plant and wildlife habitat and historic waterfowl staging and concentration areas;

v. Submerged aquatic vegetation;

vi. Riparian forests and tidal and nontidal wetlands; and

vii. Natural heritage areas and other historical and cultural resources;

d. Critical Area Map confirming the land area and land classification of the growth allocation area;

e. Verification that the amount of proposed growth allocation indicated on the Critical Area Map equals the requested number of acres proposed for deduction from the County's existing allotment of growth allocation.

3. The concept site plan shall consist of all application items and requirements listed in COMAR 27.01.02.06-1 to include:

a. Project name and street address;

b. Tax Map, grid, parcel and lot number;

c. Property and project boundaries;

d. Field run topography and natural features;

e. For a proposed subdivision, the general location of proposed lots, structures, and roads;

f. For a proposed commercial or industrial use, the general location of proposed structures, stormwater management, paved areas and open space.

4. The required environmental report shall consist of all application items and requirements as listed in COMAR 27.01.02.06-2.

5. The application shall be submitted and heard in accordance with the process established in this article for applications to amend the Official Zoning Map, except that the concept site plan shall be reviewed concurrently as indicated below.

6. The Planning Director may circulate the concept site plan to applicable reviewing agencies for comments.

7. The zoning application shall not be considered by the Planning Commission until the Planning Director finds that the development shown on the concept site plan has the potential to comply with applicable requirements in subsequent subdivision or site plan review.

8. The Planning Commission shall make recommendations on the proposed rezoning, request for growth allocation and concept site plan.

9. The applicant may revise the concept site plan to address the Planning Commission's comments and recommendations. The revised application shall repeat the initial review process and the Planning Commission's recommendation on the revised application shall be forwarded to the County Council.

10. If the County Council approves the application:

a. The County Council may impose conditions on the concept site plan, stating the reasons for such actions.

b. The Council may condition its approval of growth allocation on the provision of specific public benefits in furtherance of the implementation strategies of the Comprehensive Plan.

11. Upon approval by the County Council, the County shall request approval by the Critical Area Commission of the use of a portion of the County's growth allocation. The County's request shall:

a. Be accompanied by the approved application with pertinent plans and environmental reports and studies; and

b. State how the Council has applied the standards of this section. The Commission shall ensure that the standards have been applied in a manner that is consistent with the purposes, policies, goals and provisions of the Critical Area Law and the criteria of the Commission.

c. Be accompanied by all information and documentation required by the Critical Area Commission at the time of submittal for a growth allocation request, as stated in COMAR 27.01.02.06.

12. Following approval of the growth allocation request by the County Council and the Critical Area Commission, the applicant may submit subdivision or site plan applications for review as provided by this chapter.

13. The subdivision or site plan shall be substantially in accordance with the concept plan approved by the County Council.

a. The Planning Commission in its approval of the subdivision or site plan may approve minor deviations from the concept plan resulting from more detailed engineering and site design.

b. Significant changes must be approved by the County Council in accordance with the procedures for the original growth allocation application.

14. Reversion of approval.

a. As a condition of approval, the County Council may require that a project receiving growth allocation, and not located within a town, be substantially completed within three years of the date of approval by the Critical Area Commission, or the zoning may revert to the prior zoning district upon a recommendation of the Planning Commission and approval by the County Council.

b. The Planning Commission shall determine whether a project is substantially complete, but at a minimum the project must have received final subdivision recordation or final site plan approval, and completed all public improvements, such as roads, sewer and water facilities, in accordance with the approved plans.

c. Upon receipt of a written request by the property owner or the applicant, one extension may be granted to the three-year period, not to exceed three years, upon a recommendation by the Planning Commission and approval by the County Council.

F. Standards. In deciding whether to approve or disapprove an application for amendment to the land management designation and/or growth allocation, the County Council shall evaluate the applicable components of the application: the Zoning Map amendment, the revision to the Critical Area land management designation, requested growth allocation, and the concept plan. All of the standards given below shall be used in evaluating the application.

1. The standards and factors for amendments to the Official Zoning Map (§ 190-55.2.B and C) shall be used to evaluate any proposed rezoning.

2. In addition, the Council shall consider the following factors as applicable:

a. Whether applicable requirements of the County's Critical Area Program, Zoning Ordinance and Subdivision Regulations have been met, including the standards for establishment of RCA, LDA and IDA areas established in § 190-15.3.

b. In addition to meeting the minimum requirements of the Critical Area Regulations, the project design shall enhance the habitat value or improve water quality in the area. For example, afforestation may exceed the 15% requirement or best management practices for stormwater management may be installed on portions of the site to remain in agricultural use.

c. For residential development, a community pier shall be provided rather than individual piers.

d. The location, nature, and timing of the proposed growth allocation in relation to the public interest in ordered, efficient, and productive development and land use.

e. Whether the proposed growth allocation, subject to the proposed concept site plan, will fulfill public purposes through the provision of public facilities, implementation of Comprehensive Plan strategies, or advancement of the land use policies and objectives of the Comprehensive Plan.

3. The Council may approve the application only if it finds that the proposed concept site plan will:

a. Create lots or parcels that maximize opportunities for clustered development that protect habitat and agricultural resources;

b. Locate structures to minimize impact on habitat protection areas and agricultural areas;

c. Avoid or provide a minimally disturbed Shoreline Development Buffer;

d. Minimize soil erosion and runoff;

e. Maximize protection of eroding shorelines;

f. Have a minimal impact or cause an improvement to stormwater, floodplain and stream characteristics;

g. Avoid or minimize impacts on nontidal wetlands;

h. Maximize protection of plant and wildlife habitats, particularly for threatened and endangered species, plant and wildlife common to the Chesapeake Bay Region, and anadromous fish propagation waters; and

i. Maximize protection of forests.

4. The County Council shall also make findings based on the growth allocation standards of the Maryland Natural Resources Article § 8-1808.1(c) and may establish conditions of approval that are consistent with the intent of the County's Critical Area Program.

5. The fact that an application for growth allocation complies with the specific requirements and standards shall not be deemed to create a presumption that the proposed growth allocation would be compatible with surrounding land uses, and is not, in itself, sufficient grounds to require approval.

G. Calculating area of growth allocation. The following standards shall be used to determine the area of growth allocation used when the designation of a parcel or a portion of a parcel is changed through the growth allocation process:

1. The acreage of an entire parcel, not in tidal wetlands, must be deducted from the County's growth allocation, unless the development envelope concept outline in Subsection G.2 below is used.

2. A development envelope may be specified, and the acreage of the development envelope rather than the acreage of the entire parcel shall be deducted from the County's growth allocation, if the development envelope meets the following criteria:

a. The development envelope shall include proposed lots, required buffers, lot coverage, roads, utilities, stormwater management measures, on-site sewage disposal measures, any areas subject to human use such as active recreation areas, and any additional acreage needed to meet the development requirements of the criteria. The required buffers refer to the Shoreline Development Buffer and the twenty-five-foot nontidal wetlands buffer.

b. Only one development envelope shall be established per parcel of land.

c. If a development envelope is proposed in the RCA, a minimum of 20 acres must remain outside of the development envelope or the acreage of the entire parcel must be deducted. If the original parcel in the RCA is less than 20 acres, then the acreage of the entire parcel must be deducted. If there is a permanently protected Resource Conservation Area (an area protected by easement) adjacent and contiguous to a delineated area of remaining land that is less than 20 acres, that will result in a minimum twenty-acre area of remaining land, then the entire parcel does not have to be deducted.

d. The minimum twenty-acre remaining land outside of the development envelope may be developed at an RCA density unless some type of permanent protection exists that restricts development.

3. For growth allocation proposed in the RCA, the acreage within the 300-foot naturally vegetated setback referred to in § 190-15.3.I.6 shall not be deducted even if the buffer does not meet the twenty-acre requirement.

H. Guidelines for annual use of growth allocation acreage. Except in conjunction with a County comprehensive or sectional amendment, within any one calendar year, Zoning Map amendments requiring growth allocation should not exceed the following acreages:

1. Not more than 100 acres should be approved by the County for rezoning from the RC District to any other zoning district; and

2. Not more than 20 acres should be reclassified from the LDA classification to the IDA classification.

I. Supplemental growth allocation within towns.

1. If a town has used all of the growth allocation designated for its use by Table VII-3, the town may apply for supplemental growth allocation which, if granted, shall be subtracted from the County total growth allocation.

2. Upon request for supplemental growth allocation by a town, the County Council may transfer growth allocation to the town, and may impose conditions, restrictions, and limitations upon the use of the supplemental growth allocation as the Council considers appropriate. Such requests shall comply with the following requirements.

3. Application process.

a. Application filed with town. The applicant proposing to use the growth allocation shall file the application with the town. In addition to complying with all town requirements, the applicant shall provide the information required by this section (See § 190-55.5E, Submission and review procedures, in this section) and shall comply with the design standards of this chapter. The town shall forward the application to the County Council for consideration within five working days.

b. Review. The planning staff and Planning Commission shall review the application in accordance with the procedures required by this article for growth allocation and Zoning Map amendments, except that municipal and County staff reports shall be forwarded to the Planning Commissions of both jurisdictions, and the planning staff shall schedule a joint hearing on the application before the Planning Commissions of both jurisdictions. The Chairperson of each Planning Commission shall co-chair the hearing. Each Planning Commission shall vote separately and make its recommendations to its respective council or commission. Each Planning Commission shall provide a copy of its recommendations to the other jurisdiction.

c. Hearing and decisions. The County and town councils or commissions shall hold a joint hearing on the application, co-chaired by the designated Chairperson of each council or commission which may be coordinated jointly with the Critical Area Commission. The County and municipal councils or commissions shall make their respective decisions separately as independent entities. The County Council shall evaluate the application in accordance with § 190-55.5.F, Standards, in this section.

d. Amendments to approved projects. Any substantive amendment to the concept plan for an approved project shall be subject to County Council review and approval for a period of five years following the date of initial approval.

J. County review of town growth allocation requests.

1. Review of growth allocation for property already within towns.

a. Growth allocation requests for property within a town that has been annexed within five years of the request shall be reviewed by the County for consistency with the County Comprehensive Plan.

b. Growth allocation requests for property that has been in the town for more than five years prior to the request does not require review by the County; however, the town shall inform the County of the rezoning and growth allocation to ensure that the total reserve acres, listed above, are not exceeded.

2. Growth allocation requests for property to be annexed.

a. "Designated growth areas" are areas of the County that the Comprehensive Plan recommends for annexation by a town prior to rezoning and development. Annexation requests for property in designated growth areas shall be reviewed by the County for consistency with the County Comprehensive Plan and shall be subject to all current ordinances regulating annexations.

b. The County shall not act on a rezoning request within a designated growth area until an annexation request for the property has been denied by the town or until 12 months after an annexation request for the property has been submitted to the town, whichever occurs first. If the County approves a rezoning request for property that is within a designated growth area and requires growth allocation, the acreage of the property rezoned shall be subtracted from the acres reserved for the Town for growth allocation in Table VII-3 above.

K. Land uses in RC District requiring growth allocation for expansion. Certain uses in the RC District listed in Article IV, Land Uses, are permitted to increase lot coverage only with issuance of growth allocation. The process listed below for granting growth allocation for specific RC uses is in addition to the growth allocation requirements listed in § 190-55.5E through H:

[Amended 5-28-2019 by Bill No. 1411]

1. Application for growth allocation shall accompany an application for site plan approval.

2. The application shall be reviewed in accordance with the procedures and standards for major site plans within the Critical Area.

3. When the Planning Director determines that the site plan can proceed to Planning Commission review, the Planning Commission shall review the application and the Department of Planning and Zoning staff report for both the site plan and the application for growth allocation at a public meeting.

4. Upon approval of the site plan, the Planning Director shall forward the site plan and the recommendations of the Planning Director and Planning Commission on the growth allocation request to the County Council.

5. After receiving the recommendations of the Planning Director and the Planning Commission, the Council shall hold a public hearing.

6. In deciding whether to approve or disapprove an application for growth allocation for expansion of specific uses in the RC District, the Council shall consider the following:

a. Consistency with the purposes and intent of the Talbot County Comprehensive Plan;

b. Compatibility with existing and proposed development and land use in the surrounding area;

c. Availability of public facilities;

d. The effects on present and future transportation patterns;

e. The effect of population change within the immediate area;

f. The past, present, and anticipated need for future growth of the County as a whole;

g. The location, and nature of the proposed use and/or expansion of the use; and

h. The protection of the public health, safety and welfare.

7. The fact that an application for a growth allocation complies with all the specific requirements and purposes set forth in this chapter shall not be deemed to create a presumption that the proposed growth allocation would in fact be compatible with surrounding land uses and is not, in itself, sufficient to require approval.

§ 190-56 Special exceptions.

56.1 Purpose and authority.

A. Special exception uses or activities are considered appropriate with additional standards and conditions to ensure that the use is suitable on a particular site, to protect abutting landowners and to preserve the character of the area. These uses require detailed review of a particular location, design and configuration to determine, against specific standards, the desirability of permitting their establishment on a proposed site.

B. Special exception uses, as listed in the General Table of Land Uses in Article IV, require approval by the Board of Appeals.

1. Before deciding on a special exception application, the Board of Appeals shall consider the recommendation of the Planning Commission.

2. See § 190-54, General application and review procedures.

56.2 Standards.

A. General standards. A special exception may be granted only when the Board of Appeals finds from a preponderance of the evidence that the proposed use will satisfy all of the following standards:

1. The use will be consistent with the purposes and intent of the Talbot County Comprehensive Plan.

2. The use will comply with the standards of the zoning district in which it is located except as those standards may have been modified by the granting of a variance.

3. The scale, bulk and general appearance of the use will be such that the use will be compatible with adjacent land uses and with existing and potential uses in its general area and will not be detrimental to the economic value of neighboring property.

4. The use will not constitute a nuisance to other properties and will not have significant, adverse impacts on the surrounding area due to trash, odors, noise, glare, vibration, air and water pollution, and other health and safety factors or environmental disturbances.

5. The use will not have a significant adverse impact on public facilities or services, including roads, schools, water and sewer facilities, police and fire protection or other public facilities or services.

6. The use will not have a significant adverse effect upon marine, pedestrian or vehicular traffic.

7. The use will not produce traffic volumes which would exceed the capacity of public or private roads in the area or elsewhere in the County, based on the road classifications established in Chapter 134, the Talbot County Roads and Bridges Ordinance, and other applicable standards for road capacity.

8. Any vehicle access to proposed off-street parking areas and drive-in facilities will be designed to minimize conflicts between vehicular, bicycle and pedestrian traffic and to minimize impacts on adjacent properties and on public or private roads. In addition, any resulting commercial and truck traffic should not use a residential street nor create a hazard to a developed residential area.

9. The use will not significantly adversely affect wildlife with respect to the site's vegetation, water resources, or its resources for supplying food, water, cover, habitat, nesting areas, or other needs of wildlife.

10. The use will not significantly adversely affect adjacent existing agricultural uses.

B. Requirements for specific land uses. In addition to the general standards for special exceptions, the Board of Appeals shall determine whether the requirements listed below have been met. The Board shall consider the recommendation of the Planning Commission regarding these criteria.

1. The applicable requirements listed in Article IV for specific land uses; and

2. For water-dependent uses, the requirements listed in § 190-15.14.

C. Special exceptions for wireless communications towers and small wind turbine production facilities.

1. A special exception or special exception amendment may be granted for a wireless communications tower or small wind turbine production facility only when the Board of Appeals finds from a preponderance of the evidence that the proposed use will satisfy the standards of § 190-56.2.A.1, 2 and 5 through 10.

2. For wireless communication towers:

a. The Board of Appeals shall define as a condition of approval the type(s) of service to be provided and a time schedule for commencement of services upon construction. Amendments to this condition shall require review and approval by the Board.

b. The Board of Appeals must find and conclude that, consistent with the Telecommunications Act of 1996, any decision to deny an application to place, construct or modify a wireless telecommunications tower is supported by substantial evidence contained in the written record.

56.3 Modification. Approved special exceptions may be modified as follows:

A. Minor modifications.

1. The Planning Director may authorize the following minor modifications to an approved special exception:

a. Minor modifications in the size and location of drainageways, driveways, landscape elements or other similar features based on technical or engineering considerations.

b. Minor modifications to the shape or bulk of buildings, provided the modified dimensions comply with all requirements of the zoning district and do not allow buildings closer to property lines or otherwise adversely affect neighboring properties.

c. The addition of minor accessory uses or structures that do not result in an increased impact on neighboring properties.

B. Expansion and major modifications.

1. The Board of Appeals may approve expansions and major modifications, as specified below, in accordance with the procedures for the original special exception approval:

a. Modifications to conditions of approval required by the Board of Appeals.

b. Other changes to the use, or to the structures or facilities occupied by the use, deemed by the Planning Director to be major modifications.

C. Amendments to conditions of approval. No amendment to a condition of approval imposed by the Board of Appeals shall be considered except on grounds of new evidence or proof of change of conditions.

56.4 Expiration of a special exception. A special exception shall lapse and become null and void 18 months following the date on which it was approved, unless:

A. Prior to the expiration date, construction is commenced and diligently pursued toward completion; or

B. The use for which the permit was granted is commenced within 18 months; or

C. An application for renewal is granted by the Board of Appeals prior to the expiration date for not more than one eighteen-month period.

56.5 New application after denial or revocation of a special exception. Following the denial or revocation of a special exception, no application for a special exception for the same use on the same premises shall be filed within one year from the date of denial or revocation, except on grounds of new evidence or proof of change of conditions.

56.6 Transfer to subsequent owner. A special exception use that has been in continuous operation shall be transferable, without formal or written confirmation, to subsequent owners of a property. Any conditions attached to the approval are binding on subsequent owners of the site.

§ 190-57 Reasonable accommodation for needs of disabled citizens.

57.1 Purpose and authority.

A. This section provides standards for the Board of Appeals to apply to administrative appeals for alterations to residences and businesses, where such alterations are for the benefit of disabled persons and would not be possible under the requirements of this chapter.

B. Notwithstanding any other provision of this chapter, the Board of Appeals may make reasonable accommodations for the benefit of disabled persons upon application by a property owner.

57.2 Standards. An applicant shall have the burden of demonstrating by a preponderance of the evidence that:

A. The alterations will benefit persons with a disability within the meaning of the Americans with Disabilities Act;

B. Literal enforcement of the requirements of this chapter would result in discrimination by virtue of such disability or deprive a disabled resident or user of the reasonable use and enjoyment of the property;

C. A reasonable accommodation would reduce or eliminate the discriminatory effect of the requirements or restore the disabled resident's or user's reasonable use or enjoyment of the property;

D. The accommodation requested will not substantially impair the purpose, intent, or effect of the requirements of this chapter as applied to the property; and

E. If the property is located in the Critical Area, the accommodation would:

1. Be environmentally neutral with no greater negative impact on the environment than the literal enforcement of the statute, ordinance, regulation or other requirement; or

2. Allow only the minimum environmental changes necessary to address the needs resulting from the particular disability of the applicant/appellant.

57.3 Board of Appeals decision.

A. The Board of Appeals shall determine the nature and scope of accommodation under this section and may award different or other relief than requested after giving due regard to:

1. The standards given in this section;

2. The purpose, intent, or effect of the requirements from which relief is requested; and

3. The size, location, nature, and type of accommodation proposed and whether alternatives exist which could accommodate the need with less adverse effect.

B. Upon termination of the need for any accommodation, the Board of Appeals may require, as a condition of approval, that the property be restored to comply with all applicable requirements.

§ 190-58 Variances.

58.1 Authority.

A. The Board of Appeals or the Planning Director may authorize a variation or modification from the bulk requirements or numerical parking standards of this chapter subject to the standards given in this section.

B. The Planning Director shall make decisions on minor variances as described in this section. The Planning Director's decision may be appealed to the Board of Appeals.

C. All other variances shall be heard and decided by the Board of Appeals.

D. A variance may not be granted to the following:

1. Density, minimum lot width requirements and, except for cottage industries, minimum lot size.

2. Provisions other than bulk requirements or numerical parking standards, such as the number of employees and time of operation.

E. The Board of Appeals or Planning Director may impose conditions on the use or development of a property related to the granting of a variance.

58.2 Minor variances.

A. Authority and limitations. A minor variance may be granted by the Planning Director for:

1. Vertical expansion of nonconforming buildings within the front, side or rear lot line setbacks, if the expansion:

[Added 7-9-2019 by Bill No. 1415[1]]

a. Does not increase lot coverage within the setback;

b. Is no closer to the property line than the existing walls; and

c. Complies with all other requirements of this chapter.

[1] Editor's Note: This bill also redesignated Subsection A.1 and 2 as Subsection A.2 and 3.

2. A request to vary any bulk requirement in an amount not to exceed 15% of the stated requirement;

[Amended 4-25-2023 by Bill No. 1528]

3. A minor expansion of a nonconforming structure, provided the proposed expansion complies with the limits established in § 190-50.3.C; and

[Amended 4-25-2023 by Bill No. 1528]

4. A request to relocate lateral lines under § 190-31.2C.4 or to modify the method for measuring pier length under § 190-31.2D.4.

[Added 4-25-2023 by Bill No. 1528]

B. Planning Commission recommendation.

1. A recommendation from the Planning Commission shall be required for a minor variance for:

a. A request that varies any bulk requirement by 10% and no more than 15%; or

b. Minor expansion of a nonconforming structure if the requested variance is from a Critical Area requirement; or

c. Minor expansion or relocation of a nonconforming structure if the area of expansion or relocation is within the Shoreline Development Buffer; or

[Amended 4-25-2023 by Bill No. 1528]

d. A request to relocate lateral lines under § 190-31.2C.4 or to modify the method for measuring pier length under § 190-31.2D.4.

[Added 4-25-2023 by Bill No. 1528]

2. The Planning Director may request a recommendation from the Planning Commission for minor variance applications other than those listed in Subsection B.1 above.

C. Planning Director decision. The Planning Director shall approve or deny a minor variance pursuant to the standards for variances provided below. The Planning Director's decision may be appealed to the Board of Appeals.

58.3 Standards for variances to non-Critical Area provisions. In order to vary or modify the non-Critical Area provisions of this chapter, the Planning Director or Board of Appeals must determine that the application meets all of the following criteria:

A. Unique physical characteristics exist, such as unusual size or shape of the property or extraordinary topographical conditions, such that a literal enforcement of the provisions of this chapter would result in practical difficulty or unreasonable hardship in enabling the applicant to develop or use the property;

B. The need for the variance is not based upon circumstances which are self-created or self-imposed;

C. Greater profitability or lack of knowledge of the restrictions shall not be considered as sufficient cause for a variance;

D. The variance will not be contrary to the public interest and will not be a detriment to adjacent or neighboring properties; and

E. The variance shall not exceed the minimum adjustment necessary to relieve the practical difficulty or unreasonable hardship.

58.4 Standards for variances to Critical Area provisions.

A. Standards. In order to grant a variance to provisions of the Critical Area Overlay District, the Planning Director or Board of Appeals must determine that the application meets all of the following criteria:

1. Special conditions or circumstances exist that are peculiar to the land or structure such that a literal enforcement of the provisions of this chapter would result in unwarranted hardship.

2. A literal interpretation of the Critical Area requirements will deprive the property owner of rights commonly enjoyed by other property owners in the same zoning district.

3. The granting of a variance will not confer upon the property owner any special privilege that would be denied by this chapter to other owners of lands or structures within the same zoning district.

4. The variance request is not based on conditions or circumstances which are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property.

5. The granting of the variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat, and the granting of the variance will be in harmony with the general spirit and intent of the state Critical Area Law and the Critical Area Program.

6. The variance shall not exceed the minimum adjustment necessary to relieve the unwarranted hardship.

7. If the need for a variance to a Critical Area provision is due partially or entirely because the lot is a legal nonconforming lot that does not meet current area, width or location standards, the variance should not be granted if the nonconformity could be reduced or eliminated by combining the lot, in whole or in part, with an adjoining lot in common ownership.

B. In considering an application for a variance to Critical Area requirements, the Board of Appeals or Planning Director shall:

1. Presume that the specific development activity in the Critical Area for which a variance is required does not conform with the general purpose and intent of the Natural Resources Article, Title 8, Subtitle 18, COMAR Title 27, and the requirements of the County's Critical Area Program. The applicant has the burden of proof to overcome this presumption of nonconformance.

2. Make written findings, based on competent and substantial evidence, as to whether the applicant has overcome the presumption of nonconformance established in Subsection B.1 above; and

3. Base the written findings on evidence introduced and testimony presented by the applicant, the County or any other government agency, or any other person deemed appropriate by the County, with due regard for the person's experience, technical competence, and specialized knowledge.

C. If the Board of Appeals or Planning Director finds that the activity or structure for which a variance is requested commenced without permits or approvals and:

1. Does not meet each of the variance criteria under this subsection, the Board of Appeals or Planning Director shall deny the requested variance and order removal or relocation of any structure and restoration of the affected resources; or

2. Does meet each of the variance criteria under this subsection, the Board of Appeals or Planning Director may grant approval to the requested variance.

D. The County shall not issue a permit for the activity that was the subject of the variance to a Critical Area requirement until the thirty-day appeal period has elapsed.

58.5 Modification. Approved variances may be modified as follows.

A. Minor amendments. The Planning Director may authorize the following minor amendments to an approved variance:

1. Minor amendments in the size and location of drainageways, driveways, landscape elements or other similar features based on technical or engineering considerations.

2. Minor amendments to the shape or bulk of buildings, provided the modified dimensions comply with all requirements of the zoning district except the varied dimension, do not increase the variance amount, do not increase the area or bulk of the building portion requiring the variance, or otherwise adversely affect neighboring properties.

3. The addition of minor accessory uses or structures that are on the same site but do not require a variance.

B. Expansion and major amendments. The Board of Appeals may approve expansions and major amendments, as specified below, in accordance with the procedures for the original variance approval:

1. Expansion or enlargement that increases the amount of the variance.

2. Expansion or enlargement that increases the lot coverage or extent of the improvement requiring the variance.

3. Modifications to conditions of approval required by the Board of Appeals.

4. Other changes to the use, or to the structures or facilities occupied by the use, deemed by the Planning Director to be major modifications.

C. Amendment to condition of approval. No amendment to a condition of approval imposed by the Board of Appeals shall be considered except on grounds of new evidence or proof of change of conditions.

58.6 Expiration. A variance shall be implemented within 18 months following the date of approval. Upon written request on a form provided by the Department of Planning and Zoning, before expiration of the initial time limit and for good cause shown, the approving authority may extend the variance approval for not more than one like period. Failure to implement the approval within the prescribed time voids the approval.

§ 190-59 Use certificates.

59.1 Purpose and authority.

A. Use certificates approved by the Planning Director provide a means for administrative review and approval of temporary uses and certain land uses that require periodic approval or are permitted subject to compliance with conditions.

B. A use certificate shall be required for temporary uses authorized by § 190-34, such as construction or sales trailers, portable storage units, carnivals and other temporary events, and for any land use for which Article IV requires a use certificate.

59.2 Procedures.

A. An application for a use certificate may require a plot plan or, if applicable, copies of the approved site plan. The Planning Director shall send the application to other agencies having jurisdiction over the proposed use.

B. The Planning Director may refer the application to the Planning Commission for its recommendation on conditions or standards necessary to ensure that the proposed use meets the standards for temporary uses or the requirements for a particular use.

C. The Planning Director shall issue the certificate if:

1. The proposed use complies with all requirements of this chapter.

2. The proposed use complies with Health Department requirements.

3. The proposal does not require changes to site improvements such as structures, parking, access and buffering, and does not require site plan review in accordance with § 190-60.2. If a site plan is required, the site plan process shall be followed instead of the use certificate process for the initial approval.

4. The proposed use received site plan approval and is required to obtain a use certificate for initiation and continuation of use.

59.3 Revocation. The Planning Director may revoke a use certificate if requirements of this chapter or conditions of approval are violated.

§ 190-60 Site plans.

60.1 Purpose and authority.

A. The site plan process ensures that proposed development conforms to the purposes, standards and requirements of this chapter as well as other County, state and federal requirements applicable to the use and development of land.

B. Development activities requiring a site plan shall be carried out only in substantial conformance with an approved site plan and any conditions or restrictions to the site plan approval. Any substantial deviation from the approved site plan, unless revised pursuant to Subsection 60.12[1] of this section, is a violation of this chapter.

[1] Editor’s Note: With the permission of the County, the typographical error “58.12” was corrected to read “60.12.”

C. There are three types of site plans: major, minor and administrative.

1. Decisions on major site plans shall be made by the Planning Commission.

2. Decisions on administrative and minor site plans shall be made by the Planning Director.

3. The Planning Director may refer a minor site plan to the Planning Commission for its recommendation.

60.2 Type of approval required.

A. Development requiring site plan approval. A site plan shall be required for the following:

1. The development, establishment or enlargement of any nonagricultural use except the uses listed in Subsection B below.

2. Any uses or structures which require a site plan as listed in Article IV.

3. Agriculturally related commercial or industrial uses or structures.

4. Agricultural structures over 6,000 square feet in gross floor area if located within 500 feet of a town boundary.

5. Livestock or poultry houses, or waste storage lagoons or structures, if located within 1,500 feet of a town boundary, except that a site plan shall not be required for expansion of an existing livestock or poultry house, or waste storage lagoon or structure, provided that:

a. The use or structure was in existence as of July 1, 2003;

b. The use or structure has been continuous and has not been abandoned or discontinued for more than one year; and

c. The municipal boundary in existence as of July 1, 2003, has been changed through annexation to now include a parcel within 1,500 feet of the existing agricultural facility subject to this requirement.

B. Development not requiring site plan approval. Unless specified in Article IV, Land Uses, a site plan shall not be required for the following:

1. Single-family dwellings, accessory dwellings and accessory residential structures.

2. Agricultural uses and structures, except those listed in § 190-60.2.A above.

C. Development requiring an administrative site plan. Unless specified otherwise in Article IV, Land Uses, an administrative site plan shall be required for:

1. A change in use from one approved use to a similar approved use; and

[Amended 7-9-2019 by Bill No. 1414]

2. New or expanded accessory structures and outdoor use areas with a cumulative area of 500 square feet or less, provided that the improvements:

[Amended 7-9-2019 by Bill No. 1414]

a. Are not in the Shoreline Development Buffer;

b. Do not require a variance;

c. Have required landscape screening (§ 190-40.2);

d. Result in no additional stormwater management facilities; and

e. Do not require road frontage or driveway entrance improvements.

3. The maximum area of 500 square feet shall be measured cumulatively for all site improvements after the effective date of this chapter.

D. Development requiring a minor site plan. Unless specified otherwise in Article IV, Land Uses, a minor site plan shall be submitted for a use expansion, building addition or accessory structure for a use requiring a site plan, provided that:

1. The additional area devoted to the use, including building additions, accessory structures, and outdoor use areas, is less than 3,000 square feet;

[Amended 7-9-2019 by Bill No. 1414]

2. No variances are needed; and

[Amended 7-9-2019 by Bill No. 1414]

3. The maximum area of 3,000 square feet shall be measured cumulatively for all site improvements submitted after June 13, 2009.

60.3 Plan submission.

A. Applications for site plan approval shall be submitted subsequent to a preapplication meeting in accordance with § 190-54.1.

B. As a result of a preapplication meeting, the Department of Planning and Zoning shall determine whether the project requires an administrative, minor or major site plan and shall notify the applicant in writing.

60.4 Review process for administrative site plans.

A. The Planning Director shall transmit administrative site plan applications to reviewing agencies for their written comments.

B. An administrative site plan shall be approved by the Planning Director upon written concurrence of all appropriate agencies.

C. Within 30 days of acceptance of a complete application for an administrative site plan, the Planning Director shall issue a final administrative decision - notice to proceed that approves, approves with conditions or denies the plan.

60.5 Review process for major and minor site plans.

A. Staff/TAC review.

1. Major and minor site plans may be reviewed through two types of staff-level plan review meetings:

a. Technical Advisory Committee (TAC) meetings, for review of initial or substantially amended site plan submittals; and

b. Compliance review meetings (CRM), for review of site plans that have been resubmitted with minor corrections and amendments. The CRM provides coordinated agency review to ensure that all conditions and requirements have been addressed before site plan approval.

2. The Technical Advisory Committee (TAC) shall review all major and minor site plans. The TAC provides a vehicle for agencies to coordinate comments on plan applications, to jointly review plans, and to resolve issues of conflict or common concern. The TAC reviews plans for compliance with applicable local, state and federal requirements.

3. All TAC meetings shall be open to the public without public participation. Interested persons may submit written comments to the Planning Director within seven days after the TAC meeting.

4. For major site plans, public notice of the TAC meeting shall be provided by posting the property and mailing notices to adjacent property owners in accordance with § 190-54.5.B.

5. Upon determining that a site plan application is complete, the Planning Director shall schedule the application for the next available TAC meeting, and shall send the plan to the TAC agencies and other appropriate government agencies for review.

6. The Planning Director shall have the authority to limit the number of items on the agenda of each TAC meeting.

7. Within 10 days following the TAC meeting, the Planning Director shall transmit to the applicant the comments of the reviewing agencies on the proposed site plan.

a. If the Planning Director determines that the plan is in substantial compliance with applicable requirements, the comments from reviewing agencies shall be transmitted by the Department of Planning and Zoning to the applicant, and the plan shall be scheduled for a CRM or Planning Commission meeting as appropriate; or

b. If the Planning Director determines that the plan is not in substantial compliance with the applicable requirements, the Department of Planning and Zoning shall transmit the comments of reviewing agencies and notify the applicant that he/she must repeat TAC review prior to proceeding to CRM or Planning Commission.

B. The applicant must submit a revised site plan addressing the previous submission agency comments within nine months. If a revised plan is not submitted within this period, a new site plan application is required.

C. The steps in Subsection A.5 through A.7 above shall be repeated as required by the reviewing authority.

60.6 Major site plan procedures.

A. Community information meeting.

1. For major site plans the applicant shall hold a community information meeting, if required by the Planning Director or Planning Commission, after the preapplication meeting.

2. The community meeting shall be:

a. Organized and held by the applicant in a location convenient to community residents;

b. Open to all interested persons;

c. Held no less than 15 days after a notice approved by the Planning Director is mailed by the applicant to community organizations for neighboring communities and to the owners of abutting property and property separated from the site by a road right-of-way;

d. Used by the applicant to explain the nature of the proposed development and the anticipated process for County review; and

e. Summarized in a report included with the site plan submission.

B. Once the Planning Director determines that the plan is in substantial compliance with applicable requirements, the Department of Planning and Zoning shall schedule the plan for the next available public meeting before the Planning Commission.

C. Historic Preservation Commission (HPC) review.

1. The Planning Director, the Planning Commission, or the HPC may request HPC review of a major site plan if the property shown on the site plan contains or is contiguous to an historic resource identified in the Comprehensive Plan or the Maryland Inventory of Historic Properties, or is contiguous to an Historic Overlay District.

a. Historic Preservation Commission review of the proposed site plan shall be at a public meeting.

b. The Commission may provide written comments to the Planning Director which addresses the impact of the proposed development on the historic resource and, if applicable, means of mitigating any adverse impact.

c. The Planning Commission shall give consideration to, but shall not be bound by, comments of the Historic Preservation Commission.

2. In the Historic Overlay District:

a. The HPC shall provide advisory comments to the Planning Commission on the impact of the proposed site layout on the historic resource.

b. The Planning Commission's approval shall be conditioned upon approval of a certificate of appropriateness.

D. The application shall address the following elements which the Planning Director shall evaluate in a report to the Planning Commission:

1. Compliance with the Comprehensive Plan;

2. Consistency with elements of the Village Master Plan, as applicable;

3. Compliance with design standards;

4. Access and traffic circulation;

5. Effect on surrounding development;

6. Effect on community facilities;

7. Impact on historic resources;

8. Open space; and

9. Available utilities.

E. The Planning Commission shall review the application and the Planning Director's report at a public meeting and approve, disapprove, or approve the plan subject to conditions. The Planning Commission may defer action to a subsequent Planning Commission meeting to allow further review. The Planning Director shall notify the applicant in writing of the Planning Commission's action.

F. Revised plan submission based on Planning Commission action.

1. If the major site plan is disapproved or approved subject to conditions, the applicant shall submit a revised plan addressing deficiencies or conditions of approval.

2. The revised plan shall be reviewed at a TAC meeting or CRM, as deemed appropriate by the Planning Director. Subsequent to the TAC meeting or CRM, the Planning Director shall notify the applicant in writing whether the revised plan addresses deficiencies, is in compliance with the Planning Commission conditions of approval, or needs further revision.

3. If the plan was disapproved by the Planning Commission, the revised plan may be scheduled for another Planning Commission meeting, subject to TAC review.

60.7 Bonds and sureties for improvements and plantings. Prior to approval of a site plan, the owner or developer shall enter into a development agreement with the County, as provided in § 190-61, wherein the applicant shall provide financial assurance for construction of required improvements, including installation of required plantings, as approved by the County.

60.8 Notice to proceed.

A. The Planning Director may approve an administrative or minor site plan upon concurrence of reviewing agencies.

B. For a major site plan, after the Department of Planning and Zoning notifies the applicant that the plan is in compliance with Planning Commission conditions of approval, as set forth in § 190-60.6.F.2[2] above, the applicant shall submit to the Department of Planning and Zoning the required number of copies of the final site plan.

[2] Editor’s Note: With the permission of the County, the typographical error “§ 190-60.6.G.2” was corrected to read “§ 190-60.6.F.2.”

C. After receiving all required materials, the Department of Planning and Zoning shall issue to the applicant a final administrative decision - notice to proceed.

60.9 Building permit.

A. The notice to proceed for the site plan shall accompany all building permit applications for the site.

B. No building permit shall be issued for any improvement except as shown on the approved site plan.

60.10 Review of site plans for uses requiring a special exception. If a special exception is required for a use shown on a site plan, the applicant may choose either of the following procedures:

A. The applicant may submit a special exception application. If the special exception is approved by the Board of Appeals, the applicant may then submit the site plan application.

B. The applicant may submit the special exception application and site plan application at the same time. The site plan shall be reviewed in accordance with this section. The special exception application shall be heard by the Board of Appeals after the Planning Commission has made a recommendation on the special exception and after the site plan has received initial review by the approving authority and has been approved or approved subject to conditions.

60.11 Expiration of approved site plan; extension.

A. Site plan approval shall expire 12 months after the date of the final administrative decision - notice to proceed unless building permits have been obtained for construction.

B. A single, one-year extension of the approval may be granted by the Planning Director, with the recommendation of appropriate agencies or the Planning Commission, as determined by the Planning Director. The applicant must submit a written request for an extension at least 30 days prior to the expiration of the site plan. The Planning Director shall issue a decision on the request for an extension within 60 days of receiving the request.

60.12 Revision of approved site plan. A site plan may be revised by the same procedures as the original approval. In addition, the Planning Director may approve minor changes to site plans approved by the Planning Commission when it is determined that such changes are reasonably necessary to address issues related to topography, drainage, utilities, structural safety, final engineering, vehicular circulation, or requirements of reviewing agencies, and, if such changes:

A. Comply with the Planning Commission's conditions of approval;

B. Do not detrimentally alter the impact of the development on natural or historic resources;

C. Are internal to the site and do not affect setbacks, landscaping or buffering along the perimeter of the site;

D. Do not increase the area of the building by more than 300 square feet or 10% of the gross floor area, whichever is less;

E. Do not exceed the maximum lot coverage; and

F. Do not change the location or design of access points to public roads.

§ 190-61 Developer agreements.

61.1 Purpose. Developer agreements shall be used when a developer is required to install public or private improvements or plantings as a condition of approval of a site plan, subdivision plan or other development approval. A developer agreement is not required if a public works agreement administered by the Department of Public Works is required for the improvement.

61.2 Provisions of developer agreements.

A. The agreement shall be in a manner and form approved by the County Attorney.

B. The agreement shall require that the applicant install at his expense the required improvements or plantings and provide for completion of work within a given period of time.

C. To assure the County that the required improvements or plantings will be installed in accordance with the developer agreement:

1. The developer shall furnish to the County a surety acceptable to the County in an amount sufficient to cover the cost of installation.

2. The surety shall guarantee sufficient funds to cover the full cost of installing improvements covered by the developer agreement, including any necessary demolition and disposal. The value of sureties shall not be reduced based on potential sale or recycling of materials from demolition.

3. The developer agreement shall include provisions for insurance, funding, performance bonds and maintenance bonds to assure that the work is completed and protected in accordance with the specifications.

4. In the event of default, the agreement shall assign to the County the right of immediate access to any security to complete necessary improvements.

D. The developer agreement shall also include provisions for settlement of disagreements during the course of construction such that suitable and timely remedies are available without undue hardship to the owner, contractor, developer, or County.

E. The developer agreement shall provide for the expiration of the agreement at the time that a site plan approval expires if the plan is not implemented.

F. Construction, planting and development authorized by a developer agreement shall be performed in accordance with all applicable federal, state and local requirements.

G. The Planning Director shall have the authority to require and administer developer agreements on behalf of the County. The Planning Commission shall make recommendations on developer agreements for major site plans and major and small-scale subdivision plans.

§ 190-62 Waivers.

62.1 Purpose. The waiver process allows applicants to request relief from strict compliance with certain provisions of these regulations. This process provides flexibility to address constraints unique to a particular site by authorizing the Planning Director or Planning Commission to waive certain requirements while approving alternative solutions that accomplish the purposes of this chapter.

62.2 Applicability. A waiver may be granted only to provisions of this chapter for which the requirements specifically state that the provision is subject to a waiver application.

62.3 Procedures.

A. Waiver applications shall be submitted in accordance with § 190-54 of this article and be accompanied by the required fee.

B. A waiver application shall be submitted at the same time as or during review of the application requiring the waiver. A waiver application may be submitted in conjunction with an application for approval of a site plan, subdivision plan or certificate of use.

C. For site plans or subdivision plans that require TAC review, any necessary waiver application must accompany the plan on the TAC agenda.

D. A decision on a waiver application shall be made by the person or body with decisionmaking authority on the application for which the waiver is requested.

E. The Planning Director may request a recommendation from the Planning Commission on any waiver application.

62.4 Criteria for evaluation of waiver applications. The Planning Commission or Planning Director shall evaluate waiver applications based upon the following criteria:

A. The waiver shall not have the effect of nullifying the intent and purposes of this chapter.

B. Granting the waiver will not be detrimental to the public health, safety or welfare, or injurious to other property.

C. The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property.

D. Because of the particular physical surroundings, shape or natural features of the specific property involved, one of the following findings is made:

1. A particular hardship to the applicant would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out; or

2. The purposes of this chapter are better accomplished by the alternative proposal made in the waiver application.

E. The waiver complies with any criteria required by the specific section of this chapter from which a waiver is requested.

§ 190-63 Short-term rental licenses and Review Board.

63.1 Short-Term Rental Review Board.

A. Members. The Short-Term Rental Review Board shall consist of five permanent members with members appointed by the County Council. The Board should be composed of an attorney, a representative from the vacation rental management industry, a member of a community or civic association from a community containing (a) short-term rental(s), and other persons having knowledge or interest relevant to the Board's functions. Three members shall constitute a quorum for the transaction of business. Each member shall be an adult resident of Talbot County. Members shall serve without compensation but shall be entitled to reimbursement for reasonable expenses duly approved by the Finance Officer.

[Amended 12-14-2021 by Bill No. 1495]

B. Term. Each member shall serve for a staggered term of up to four years or until a successor is appointed. Members shall be eligible for reappointment twice.

C. Officers. The Board shall annually select a Chairman and any other officers deemed necessary during the first meeting of each calendar year.

D. Hearings. The Short-Term Rental Review Board shall meet upon the call of the Chairman or the Planning Director. The Board shall hold a public hearing on all new license applications and for complaints in accordance with § 190-63.4. The Board shall issue a written decision of its findings for each new license application or complaint hearing.

E. Rules of procedure. The Board shall adopt rules of procedure governing its proceedings, subject to approval by the County Council. The rules of procedure shall have the force and effect of law when approved by resolution of the County Council.

63.2 New license application process.

A. Who may apply. Only the record title holder(s) of the property where the short-term rental activity will occur may apply for a short-term rental license.

B. [1]Contents of application. All applications for short-term rental licenses shall be submitted to the Talbot County Department of Planning and Zoning on a form prepared and approved by the Planning Director. A complete application shall include, and the applicant shall provide, without limitation, the following:

[Amended 8-11-2020 by Bill No. 1446]

1. A statement as to whether the proposed short-term rental dwelling is the applicant's primary residence.

2. A statement whether the property is or is not located within a homeowners' association, property owners' association and/or is governed by any type of covenants, conditions and restrictions specifically related to the rental of properties or short-term rentals.

3. Proof that the applicant(s) can satisfactorily monitor or has retained the services of a resident agent capable of monitoring the short-term rental property. The applicant or resident agent shall have a home or office within 30 miles of the short-term rental unit and be available to respond from this location during periods of short-term rental.

4. An address and telephone number where the applicant or, if applicable, their resident agent, may be contacted 24 hours a day during any short-term rental period.

5. Statement of where and how the applicant will be advertising the short-term rental, including printed, on-line and audio or video material. All advertising must include the short-term rental license number.

6. A copy of the standard lease agreement and house rules.

7. A plan, to scale, with the use of each room labeled, including locations of structures, areas to be rented, expected use of specific rooms, decks, patios, porches, swimming pools, outdoor entertainment areas, garages, fencing, screening, roads, paved areas, walkways and parking spaces.

8. The Talbot County Health Department shall review the results of the water sample that was collected from a certified water testing laboratory to ensure the well is free of bacteria. The Health Department shall conduct a site visit to ensure the terminal of the water supply well and well tag are in compliance with requirements of applicable Code of Maryland Regulations (COMAR). In addition, the site inspection will determine if the on-site sewage disposal system is operational with no visible signs of septic failure. In the event that the property is served by sewer, the applicant shall submit a letter of authorization from the County Engineer indicating the adequacy of the sewer to serve this proposed use. All reviews and findings shall be reported to the Planning Officer.

9. Notarized signature of the applicant representing that all of the contents of the application are true and accurate to the best of the applicant's knowledge and belief and acknowledging that any material misrepresentations or omissions are grounds for denial, revocation, or suspension of the license.

10. Any other information as determined by the Planning Director to demonstrate the ability to comply with this section and other provisions in this Chapter 190 related to short-term rentals.

[1] Editor's Note: Former Subsection B, When applications accepted, was repealed 8-11-2020 by Bill No. 1446, which also redesignated the remaining subsections in this Subsection 63.2.

C. Inspection of property. The applicant shall schedule an on-site inspection of the property with the Planning Director, a Code Enforcement Officer or a third party International Code Council (ICC) certified building inspector in order to: 1) verify that the property complies with Minimum Safety Standards as noted in § 190-33.20.C.9; 2) determine that the plan submitted is accurate; and 3) make note of any special conditions. In the event that the applicant selects a third party building inspection, the applicant shall provide a copy of such inspection report to the Department of Planning and Zoning on a form prepared and approved by the Planning Director. Such inspection may be no more than 45 days before the filing of the application. Requests for County inspections must be accompanied by a $40 inspection fee. This fee may be reset and changed from time to time by the County Council through the County' s fee schedule adopted during the annual budget process.

[Amended 8-11-2020 by Bill No. 1446]

D. Fees. The fee for a short-term rental license shall be the amount determined in the fee schedule adopted annually by the County Council. No short-term rental license will be issued until all fees are paid.[2]

[2] Editor's Note: Former Subsection D, Notice of application, which immediately followed this subsection, was repealed 8-11-2020 by Bill No. 1446.

E. Duration of new license. A new license shall be issued for a period of up to one year, expiring 12 months from the date of issuance unless otherwise specified by the Short-Term Rental Review Board.

F. Review by governmental entities and officials. License applications are reviewed by Talbot County Planning and Zoning, Talbot County Health Department, Talbot County Office of Permits and Inspections, and any other reviewing agencies the Planning Director deems appropriate.

G. Hearing and decision.

[Amended 8-11-2020 by Bill No. 1446]

1. The Short-Term Rental Review Board shall hold a public hearing on all new license applications.

2. Notice of Public Hearing. The applicant must provide notice of the hearing as provided herein.

a. The applicant shall provide proof of notice that the public hearing has been provided to the following:

i. Owners of properties contiguous to the short-term rental property;

ii. Owners of properties across a roadway, easement or right-of-way from the short-term rental property;

iii. Owners of all other properties with a property line within 1,000 feet, including in line of sight within 1,000 feet across waterways of the short-term rental dwelling;

iv. If applicable, a homeowner's association, property owner's association or covenant administrator for the development where the short-term rental property is located; and

v. If the short-term rental property has a right of access over a private road, all other owners of properties who also have a right of access to such road.

b. Notification shall be by priority mail with delivery confirmation or other shipping carrier with adult signature required, to the address provided on the annual Talbot County tax bill or any other written means, such as e-mail or regular mail, provided receipt is confirmed in writing.

c. The notice shall include, at a minimum, information as listed in the sample short-term rental notification letter in the application package. This information shall include: the applicant's name, contact information, including mailing address, e-mail address, and telephone number; 24 hour contact information in the event of any problem at the short-term rental property; contact information for the Code Compliance Officer or other designated County official; statement that a short-term rental application has been filed with the Talbot County Department of Planning and Zoning and that such application is available for public inspection; and state the date for the public hearing on the application before the Short-Term Rental Review Board.

d. The notice required by this section shall be sent out at least 21 days before the public hearing on the application.

e. The applicant shall file a certificate of service with the Talbot County Department of Planning and Zoning promptly after sending out the required notice on a form prepared and approved by the Planning Director. The certificate shall be signed by the applicant; certify that the required notices were sent out in accordance with this section; and include a list of all recipients and a copy of the notice that was sent out.

3. The meeting shall also be advertised through posting the property in accordance with § 190.54.5.B. The Code Compliance Officer shall be responsible for posting the property.

4. The Planning Director and the Code Compliance Officer shall be authorized, but not required, to provide the Board with a recommendation on new license applications, including conditions, limitations, and restrictions to ensure that the short-term rental complies with applicable law. The Board shall consider these recommendations before making a decision on the application.

5. The Board may impose conditions, restrictions, and limitations on the issuance of a new license that are reasonably related to addressing impacts of the proposed short-term rental. Such conditions may address without limitation the following:

a. Location and design of site features such as landscaping, screening, fencing or parking;

b. Design of outdoor lighting such as height, intensity or shielding of lighting fixtures;

c. Procedures and facilities for waste disposal;

d. Restrictions on hours of use for outdoor area on the property;

e. Distance of outdoor recreation areas to neighboring property lines; and

f. Duration of time prior to license renewal.

6. The Board shall approve an application for a new short-term rental license unless the Board finds that:

a. The license application is incomplete;

b. The applicant has made false, inaccurate, incomplete or incorrect statements in connection with the application;

c. The applicant has not complied with the application notice requirements;

d. Issuance of the license would unduly disturb the peace of the residents of the neighborhood in which the short-term rental will be located; and/or

e. There are other substantial reasons in the discretion of the Board why the license should not be issued, in which event the Board shall deny the license.

7. All of the Board's decisions shall be in writing and the hearings shall be recorded so as to allow transcription.

H. Appeals. Any party that participated in the hearing and is aggrieved by the Board's decision may file an appeal to the Talbot County Board of Appeals within 30 days of the issuance of the written decision. Such appeal shall be on the record.

63.3 Renewal.

A. Applications. A license renewal application must be submitted by the record title holder(s) of the property to the Talbot County Department of Planning and Zoning on a form prepared and approved by the Planning Director at least 60 days prior to expiration. The application shall include without limitation the following:

1. Proof of compliance with the Talbot County accommodation tax;

2. The number of days that the dwelling was rented during the effective short-term rental license period documented by appropriate receipts or reservation forms, if requested by the Planning Director;

3. The renewal application shall include, and the applicant shall provide, without limitation, any document required under § 190-63.2.B above that has been revised or amended, to include; house rules, plan to scale, etc. In the event of any modification of the interior of the property that requires the issuance of a building permit or any modifications to the initially issued permit, a new inspection to ensure compliance with § 190-33.20.C.9 shall be required as detailed in § 190-63.2C;

[Amended 8-11-2020 by Bill No. 1446]

4. The applicant must provide notice of the short-term rental renewal application as provided herein.

[Amended 8-11-2020 by Bill No. 1446]

a. The applicant shall provide proof that the notice of application has been provided to the following:

i. Owners of properties contiguous to the short-term rental property;

ii. Owners of properties across a roadway, easement or right-of-way from the short-term rental property;

iii. Owners of all other properties with a property line within 1,000 feet, including in line of sight within 1,000 feet across waterways of the short-term rental dwelling;

iv. If applicable, a homeowner's association, property owner's association or covenant administrator for the development where the short-term rental property is located; and

v. If the short-term rental property has a right of access over a private road, all other owners of properties who also have a right of access to such road.

b. Notification shall be by priority mail with delivery confirmation or by other shipping carrier with adult signature required, to the address provided on the annual Talbot County tax bill or by any other written means, such as e-mail or regular mail, provided receipt is confirmed in writing.

c. The notice shall include, at a minimum, information as listed in the sample short-term rental notification letter in the application package. This information shall include: the applicant's name, contact information, including mailing address, e-mail address, and telephone number; 24-hour contact information in the event of any problem at the short-term rental property; contact information for the Code Compliance Officer or other designated County official; statement that a short-term rental application has been filed with the Talbot County Department of Planning and Zoning and that such application is available for public inspection.

d. The notice required by this section shall be sent out within 21 days of the submittal of the renewal application.

e. The applicant shall file a certificate of service with the Talbot County Department of Planning and Zoning promptly after sending out the required notice on a form prepared and approved by the Planning Director. The certificate shall be signed by the applicant; certify that the required notices were sent out in accordance with this section; and, include a list of all recipients and a copy of the notice that was sent out.

5. If applicable, the Code Compliance Officer shall provide information on the application, including any written or verified complaints and zoning enforcement investigations applicable to the subject short-term rental property.

B. Timing. If the renewal application is not received 60 days prior to expiration, the application shall be treated as and comply with initial application requirements.

C. Administrative approval. Renewal applications shall be processed administratively by the Planning Director without a hearing by the Short-Term Rental Review Board unless the Planning Director or Code Compliance Officer determines that substantial reasons exist to refer the application to the Short-Term Rental Review Board, in which case the application shall be processed in the same manner as a new license application pursuant to § 190.63.2 above. Substantial reasons for referring a renewal application to the Board include without limitation:

1. Material changes in the character of the neighborhood where the short-term rental is located that may affect the short-term rental's impact on surrounding properties;

2. Discovery of any potential false, inaccurate, incomplete or incorrect statements by the licensee in the original or renewal license application; or

3. Violations of the Talbot County Code related to the operation of the short-term rental on the property or violations of any conditions imposed on the license.

D. Conditions. The Planning Director may impose conditions on the license renewal if necessary to address impacts of the use related to the requirements for short-term rentals.

E. Grounds for denial. The Planning Director may decline to issue, decline to renew or revoke a short-term rental license based on the following:

1. False, inaccurate, incomplete or incorrect statement in any application or renewal;

2. Any infraction, disturbance, nuisance, failure to monitor, or other problem or violation occurring during a short-term rental;

3. Violation of any law or ordinance with respect to the short-term rental, or any term, condition, or restriction of the short-term rental license; and/or

4. Failure to pay the Talbot County accommodations tax.

F. Waiver. If unable to meet license application requirements listed herein a property owner in possession of a short-term rental license at the time of adoption of these regulations may apply for a waiver or variance as required by this chapter.

G. Duration. A renewal license may be issued for a period of up to two years if the Planning Director determines that the rental activity was in compliance with the Code and any conditions of approval imposed on the short-term rental permit during the prior term. All renewal licenses shall expire two years from the date of issuance unless otherwise specified by the Planning Director.

H. Fees. The fee for a short-term rental renewal license shall be established in the fee schedule adopted annually by the County Council.

I. Written decision and appeals. The Planning Director shall issue a written decision approving or denying the renewal application. Any party aggrieved by the Planning Director's decision may file an appeal to the Board of Appeals.

63.4 Complaints.

A. Filing and hearing process.

1. In addition to any other remedies that may be available, a person alleging that a licensee has violated any provision of this Chapter 190 as it relates to the operation of a short-term rental that remains unresolved by the property owner or resident agent, may file a complaint on a form prepared and approved by the Planning Director with the Department of Planning and Zoning. The Planning Director or the County Attorney shall serve a copy of the complaint on the licensee at the address of the short-term rental by certified mail, return receipt requested, or other shipping carrier with adult signature required. The complaint shall be signed by the complainant, set forth the allegations in a clear and concise manner, and contain a certificate of service. The complainant shall include any relevant evidence establishing the violation with the complaint.

2. Once filed with the Department of Planning and Zoning, copies of the complaint shall promptly be forwarded to the Short-Term Rental Board and the Talbot County Office of Law.

3. The licensee shall file a response to the complaint with the Board's Secretary within 21 days of service on a form prepared and approved by the Planning Director. The response shall set forth any rebuttal to the allegations in the complaint and may include any relevant evidence. The licensee shall also serve a copy of the response on the complainant by certified mail, return receipt requested, or other shipping carrier with adult signature required, at the address identified in the complaint. Failure to file a response shall be deemed an admission to any allegations contained in the complaint.

4. The Board shall schedule a hearing date at least 10 days after the time for filing a response has elapsed. The Board shall provide notice of the hearing to the complainant and the licensee by certified mail, return receipt requested, or other shipping carrier with adult signature required. At the hearing, the complainant shall be given the opportunity to present evidence of the violation and the licensee shall be given the opportunity to respond with evidence of its own. The Planning Director, the Code Compliance Office, and any other party may participate in the hearing as well.

5. Board authority.

a. If the Board determines that a violation has occurred, the Board shall be authorized to suspend the licensee for any period of time the Board deems appropriate or to revoke the license. In addition, the Board may impose a fine on the licensee of up to $1,000 per violation. Each day that a violation exists or continues constitutes a separate violation.

b. The Board's authority in this section shall be in addition to and does not limit the County's enforcement authority under Chapter 58 of the Talbot County Code.

6. Following the hearing, the Board shall vote on whether a violation has occurred. If a violation is confirmed, they shall also determine whether the license should be suspended, revoked, and/or a fine imposed. The Board may impose conditions, restrictions and limitations on licenses for short-term rentals that are found to be in violation. Such conditions may include without limitation, the requirement that the owner retain the services of an agent who is a licensed realtor or similarly qualified professional with experience in managing short-term rentals.

7. The Board shall issue a written decision setting forth its decision and applicable findings.

B. Any party that participated in the hearing and is aggrieved by the Board's decision may file an appeal to the Talbot County Board of Appeals within 30 days of the issuance of the written decision. Such appeal shall be on the record.

63.5 Additional restrictions on licenses.

A. A short-term rental license shall be nontransferable. If a property is transferred a new application is required.

B. If a short-term rental license expires without being renewed as provided in this chapter, the property shall not be used for short-term rental unless and until a new license application is submitted and approved in accordance with § 190-63.2 above.

§ 190-64 Enforcement.

This chapter shall be administered and enforced by the Planning Director and the Chief Code Compliance Officer, who may delegate such duties and responsibilities as they determine appropriate and who may be assisted by subordinate enforcement officials. Such enforcement officials shall have authority to issue administrative orders, determine reasonable abatement periods and procedures, enter into abatement agreements on behalf of Talbot County, issue civil citations, and exercise such other incidental powers as are necessary or proper to enforce the terms of this chapter in accordance with Chapter 58 of the Talbot County Code. The Chief Code Compliance Officer shall have authority pursuant to Chapter 58 to assess civil monetary penalties for violations of this Chapter 190.

§ 190-65 (Reserved)