The Board of Appeals of Sykesville is hereby
created and designated the "Board of Zoning Appeals." The number of
members of said Board, their term of office, succession, removal,
filling of vacancies, alternate membership, and their powers and duties
shall be as provided in Article 66B, Annotated Code of Maryland.
A.
The Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there
is an error in any order, requirement, decision or determination made
by an administrative official in regard to the enforcement of this
chapter or of any ordinance adopted pursuant thereto.
(2)
To hear and decide conditional uses to the ordinance
upon which such Board is required to pass.
(3)
To authorize, upon appeal in special cases, such variance
from the terms of this chapter as will not be contrary to the public
interest, where, owing to special conditions, the enforcement of the
provisions of this chapter will result in unwarranted hardship and
injustice and which will most nearly accomplish the purpose and intent
of the regulations of this chapter.
B.
In exercising the above-mentioned powers, the Board
may, in conformity with the provisions of law and this chapter, and
amendments thereto, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, or determination appealed from,
and may make such order, requirement, decision or determination as
ought to be made.
C.
The Board is also empowered to adopt and promulgate
such rules and regulations as it shall deem necessary in the conduct
of its hearings and the issuance of its decisions or testimony pertaining
to its hearings.
The Board shall be organized and its rules shall
be amended, if necessary, in accordance with the provisions of this
chapter. Meetings of the Board shall be held at the call of the Chairman,
and at such other times as the Board may determine. The Chairman,
or in his absence, the Acting Chairman, may administer oaths and compel
the attendance of witnesses. For assistance in reaching decisions
relative to appeals, conditional uses, or variances, the Board may
request testimony at its hearings for purposes of securing technical
aid or factual evidence from the Commission or any county agency.
All meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings, and shall keep records of all its
official actions, all of which shall be filed in the office of the
Board and shall be a public record.
An appeal to the Board may be taken by any person
aggrieved or by any officer, department, board, commission or bureau
of the county affected by any decision of the Zoning Administrator.
Such appeal shall be taken within 30 days after the decision by filing
with the Zoning Administrator and with the Board a notice of appeal,
specifying the grounds thereof. The Zoning Administrator shall forthwith
transmit to the Board all the papers constituting the record upon
which the action appealed was taken.
A.
Action required after filing of application. Upon
the filing of an application before the Board, the following action
shall be taken preparatory to holding a hearing thereon:
(1)
The Board shall fix a reasonable time for a hearing
of the application or appeal.
(2)
Notice of the hearing shall be advertised in two consecutive
issues of a newspaper having general circulation within Sykesville.
The first insertion shall appear in such newspaper at least 15 days
prior to such hearing.
(3)
Property upon which the application or appeal is concerned
shall be posted conspicuously by a zoning notice no less in size than
22 inches by 28 inches at least 14 days before the date of the hearing.
(4)
Notification by certified mail shall be made to the
appellant or petitioner, and to the owners of those properties and
the addresses certified on the notice of appeals by the appellant
or petitioner as being contiguous to the property with which the hearing
is concerned.
(5)
The Board, upon application in writing by any interested
party filed with the Zoning Administrator no less than 10 days prior
to the date of scheduled hearing, shall visit the specific property
involved prior to the hearing. The Board, in its discretion, may otherwise
visit the specific property prior to or after the hearing.
B.
Holding of hearing; appearance at hearing. The Board,
following such action above, shall hold such hearing. At the hearing,
any party may appear and be heard in person or by agent or attorney.
C.
Postponement.
(1)
Requests for postponement of a scheduled hearing shall
be filed in writing with the Zoning Administrator not less than 10
days prior to the date of hearing, and shall be accompanied by a sum
of money sufficient to pay the cost of advertising the postponement
and the rescheduled hearing. The granting of such requests shall be
at the discretion of the Chairman of the Board.
(2)
Requests for postponement filed later than 10 days prior to the date of a scheduled hearing, shall, in addition to the other requirements set forth in Subsection C(1) above, be supported by an affidavit of the party making the request or some other creditable person. The granting of such request shall be at the discretion of the Board in cases of extreme hardship or upon good cause shown.
(3)
The Board may, upon its own initiative, postpone a
scheduled hearing at any time.
D.
Continuance. The Board may continue a hearing at another
time and/or date once such hearing has been started; however, the
Board shall announce the date and hour of continuance of such hearing
while in session.
E.
Decision by Board; appeal from decision by Board.
The Board shall render a decision within a reasonable time. Any party
aggrieved by a decision of the Board of Appeals may appeal to the
Circuit Court of Carroll County in a manner set forth in the applicable
sections of Article 66B of the Annotated Code of Maryland, as amended.
The Court may affirm, reverse, vacate, or modify the decision complained
of in the appeal.
Where in these regulations certain powers are
conferred upon the Board or the approval of the Board is required
before a permit may be issued, or the Board is called upon to decide
certain issues, such Board shall study the specific property involved,
as well as the neighborhood, and consider all testimony and data submitted,
and shall hear any person desiring to speak for or against the issuance
of the permit. However, the application for a permit shall not be
approved where the Board finds the proposed building, addition, extension
of building or use, sign, use or change of use would adversely affect
the public health, safety, security, morals, or general welfare, or
would result in dangerous traffic conditions, or would jeopardize
the lives or property of people living in the neighborhood. In deciding
such matters, the Board shall give consideration, among other things,
to the following:
A.
The number of people residing or working in the immediate
area concerned.
B.
The orderly growth of Sykesville.
C.
Traffic conditions and facilities.
D.
The effect of such use upon the peaceful enjoyment
of people in their homes.
E.
The conservation of property values.
F.
The effect of odors, dust, gas, smoke, fumes, vibrations,
glare and noise upon the use of surrounding property values.
G.
The most appropriate use of land and structure.
H.
Decisions of the courts.
I.
The purpose of these regulations as set forth herein.
J.
Type and kind of structures in the vicinity where
public gatherings may be held, such as schools, churches, and the
like.
If the application is disapproved by the Board,
thereafter the Board shall take no further action on another application
for substantially the same proposal, on the same premises, until after
two years from the date of such disapproval. If an appeal to the Board
is perfected and the public hearing date is set and duly advertised
and properly posted and thereafter the applicant withdraws the appeal,
he shall be precluded from filing another application for substantially
the same proposal on the same premises for one year.
A filing fee shall accompany each application
for appeal to the Board, as may be determined by the Mayor and Council
of Sykesville.
