The Board of Zoning Appeals shall have the following powers and duties, in addition to those set forth in Chapter
98, Boards, Commissions, Committees and Panels, of the Town Code:
A. To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision, or determination made by the
Zoning Inspector or the Planning Commission in the enforcement of
this chapter or of any ordinance adopted under this chapter;
B. To interpret the intent of this chapter where expressly authorized;
C. Hear and decide special exceptions to the terms of an ordinance on
which the Board is required to pass under this chapter; and
D. Authorize on appeal in specific cases a variance from the terms of
an ordinance.
E. Adopt rules necessary to the conduct of its affairs and in keeping
with the provisions of § 4-304 of the Land Use Article of
the Annotated Code of Maryland.
The Board of Zoning Appeals shall have the power to authorize
upon appeal in specific cases the requested variance from the terms
of this chapter as will not be contrary to the public interest. A
variance from the terms of this chapter shall not be granted by the
Board of Zoning Appeals unless and until a written application for
a variance is submitted demonstrating:
A. Special conditions and/or circumstances exist which are peculiar
to the land, structures or building involved that are not generally
shared by other properties in the same zoning district or vicinity.
Such conditions and/or circumstances may include but are not limited
to the following: exceptional narrowness or shallowness or both, or
irregular shape or topography of the property; unusual and limiting
features of the building.
B. That such special conditions and/or circumstances noted above cause
the strict enforcement of the zoning provision to impact disproportionately
upon the property resulting in unnecessary and undue hardship. Hardship
arises where property, due to unique circumstances applicable to it,
cannot reasonably be adopted to use in conformity with the restrictions.
C. Such special conditions or circumstances must not be the result of
any action or actions of the applicant.
D. Granting of the variance must be in harmony with the general purpose
and intent of the chapter. It must not be injurious to adjacent property,
the character of the neighborhood, or the public welfare.
E. The variance granted must be the minimum necessary to afford relief.
F. That no nonconforming use of neighboring lands, structures, or buildings
in the same zoning district, and no permitted use of lands, structures,
or buildings in other zoning districts shall be considered grounds
for the issuance of a variance.
Public notice shall be provided for hearings required by this
chapter as specified below unless different requirements are specified
elsewhere in this chapter.
A. Posting of property. The applicant shall post the property, which
is the subject of the hearing, with a sign furnished by staff. The
sign shall be posted for at least 15 days before the meeting date
and shall be removed within five days after the conclusion of the
last public hearing on the application. At the hearing, the applicant
shall affirm that he has fully complied with this provision and has
continuously maintained the posting in compliance with this provision
up to the time of the meeting.
B. Newspaper publication. The hearing shall be advertised once a week
for two consecutive weeks in a newspaper of general circulation in
the county at the applicant's expense. The first publication date
shall be not more than 15 days prior to the hearing date. The notice
shall provide a summary of the purpose of the proceeding in sufficient
detail to inform the public of the nature of the proceeding. It shall
contain the location of the property, the name of the governmental
body before whom the hearing is to be conducted, and other information
deemed necessary by the Zoning Inspector to inform the public of the
proceeding adequately.
C. Notice to adjacent property owners. The Zoning Inspector shall mail
a notice of the hearing by regular mail, postage prepaid, to the owners
of all adjacent property. The applicant shall bear the cost of the
mailing. The notices shall be postmarked at least 15 days prior to
the hearing and mailed to the address to which the real estate tax
bill on the property is sent. Failure of a person to receive the notice
prescribed in this section shall not impair the validity of the public
meeting or hearings. The Board may continue a hearing that has been
properly convened without re-advertisement if the Board announces
at or before adjournment of the original hearing the date, time, and
place at which the hearing is scheduled to resume.
Any person or persons who have standing to do so may seek review
of a decision of the Board of Zoning Appeals by the Circuit Court
for Talbot County in the manner provided for by Title 7, Chapter 200,
Maryland Rules of Procedure.