A.
When held. Meetings of the Board of Appeals shall
be held at the call of the Chairman and at such other times as may
be provided by the rules adopted by the Board. Hearings shall not
be scheduled, however, until a copy of the variance application has
been submitted to the Critical Area Commission, the Commission acknowledges
receipt of the application and has been given two weeks to submit
written comments on the application.
B.
Conduct of meetings. All meetings of the Board of
Appeals shall be open to the public. The Chairman or, in his absence,
the Vice Chairman or Acting Chairman, shall preside at all meetings
of the Board.
C.
Transcript. The Board shall provide a transcript of
all proceedings. The transcript shall reflect the vote of each member
or alternate upon each question or, as the case may be, the fact that
the member was absent or failed to vote. The transcript shall be immediately
filed in the office of the Board and shall be a public record.
D.
Witnesses and oaths. The Chairman or, in his absence,
the Vice Chairman or Acting Chairman, shall administer oaths and may
compel the attendance of witnesses.
A.
When held. All hearings with respect to appeals or
applications for variances shall be held at a meeting of the Board
of Appeals. The rules of the Board shall provide that hearings be
held promptly after the filing of an appeal or an application for
a variance.
B.
Notice. The rules of the Board shall provide for reasonable
notice to the public and to the person who filed the appeal or application
for a variance. Such notice shall include, at least:
(1)
The posting of notice of the time, place and purpose
of the hearing on the property involved at least 14 days prior to
the date of the hearing; and
(2)
Publication of such notice in at least one newspaper
of general circulation in Queen Anne's County once a week for at least
two successive weeks prior to the date of the hearing. The last insertion
of such newspaper notice shall not be more than six nor less than
two days prior to the date of the hearing.
C.
Appearance. Any party may appear in person or by agent
or attorney at any hearing.
D.
Time for decision. The Board of Appeals shall decide
any matter submitted within a reasonable time.
A.
Generally. No final decision of the Board of Appeals
shall:
(1)
Authorize or qualify any land, use, or structure not involved in the decision (including lands, uses, and structures adjacent to that involved in the decision) for the same or any other special treatment under the provisions of this Chapter 14:1; or
B.
Denial. If the Board of Appeals does not grant the
relief or decision sought by an appeal or application, no appeal or
application involving the same property and substantially the same
issues shall be filed prior to one year after such disapproval.
C.
Withdrawal. If any notice of hearing has been published
with respect to any appeal or application and the appellant or applicant
thereafter withdraws the appeal or application prior to hearing (or
after hearings and prior to decision) by the Board of Appeals, no
appeal or application involving the same property and substantially
the same issues shall be filed prior to six months after the date
of such withdrawal.
D.
Effect of section. Nothing in this section shall be
construed to authorize any subsequent appeal of application which
would not be permitted by any general rule of law or construction
relating to the nature and effect of prior determinations by an administrative
agency.
A.
Right of appeal. An appeal may be taken by any person aggrieved by any decision of the Planning Commission, Planning Director or any other employee of the Department. Prior to filing an appeal involving a variance, the person must obtain a determination by the Planning Director or other employee authorized to make such determination that the use involved is not otherwise permissible under the terms of this Chapter 14:1. As used in this subsection, "person" includes any officer, department, board or bureau of Queen Anne's County.
B.
Time for appeal. Notice of appeal shall be filed within
a reasonable time after the decision from which the appeal is taken,
as prescribed by the rules of the Board of Appeals. Unless otherwise
prescribed by those rules, such appeal shall be taken within 30 days
of date of the decision from which the appeal is taken.
C.
Filing. An appeal shall be taken by filing a notice
of appeal with the Planning Director and the Board of Appeals. The
notice shall be accompanied by such fee as may be prescribed by the
County Commissioners.
D.
Contents. Notices of appeal shall contain the name,
address and telephone number of the appellant and a description sufficient
to identify the property involved by reference to the Zoning Maps
and specify the grounds for the appeal and the relief sought.
E.
Record. After receiving a notice of appeal, the Planning
Director or other employee of the Department of Planning and Zoning
with whom it is filed shall transmit to the Board of Appeals all papers
constituting the record upon which the action appealed from was taken.
F.
Effect of appeal. An appeal stays all proceedings
with respect to the action from which the appeal is taken, except
when a restraining order is obtained.
A variance shall not be granted unless the Board
of Appeals specifically finds that:
A.
A literal enforcement of this Chapter 14:1 would result in unnecessary hardship as the result of specified conditions, which hardship is not shared by owners of other property in the same development area;
B.
Those conditions are peculiar to the property involved;
C.
Those conditions are not the result of any action
taken by the applicant;
D.
The variance will not be contrary to the public interest or the policies, goals and objectives of this Chapter 14:1 and the Queen Anne's County Critical Area Program;
E.
The variance will not confer upon an applicant any
special privilege denied to other owners of like property and/or structures
within the critical area;
F.
The variance will not adversely affect water quality
or adversely impact fish, wildlife, or plant habitats within the critical
area;
G.
The variance is the minimum deviation from the provisions of this Chapter 14:1 that will make possible the reasonable use of land or structures; and
H.
The granting of the variance will be in harmony with the general purpose and intent of this Chapter 14:1 and the Queen Anne's County Critical Area Program and the variance shall not result in a use not permitted in the applicable development area or an increase in the applicable density limitations.
The Board of Appeals may impose such conditions
upon the use or development of property for which a variance is granted
as it may find reasonable or necessary, including but not limited
to:
A.
A condition that, insofar as possible, new or expanded
structures or other impervious surfaces be located at the greatest
feasible distance from mean high water, tidal wetlands, nontidal wetlands,
or tributary streams; and
B.
A condition that the applicant takes steps to mitigate
adverse impacts, insofar as possible, including:
(1)
Reforestation on the site to offset disturbed forested
or developed woodlands on at least an equal area basis;
(2)
Afforestation of areas of the site so that at least
15% of the gross site is forested; and
(3)
Implementation of any mitigation measures for habitat
protection areas that are recommended by interested state or County
agencies.
[Amended 10-17-1997 by Ord. No. 97-07]
B.
Applicability. This section applies only to new development
or redevelopment within 100 feet of tidal waters, tidal wetlands and
tributary streams on single-family lots of record as of June 29, 1988.
C.
Criteria.
(1)
New development or redevelopment shall minimize the
disturbance in the Buffer to the least intrusion necessary.
(2)
Development may not impact any habitat protection
area (HPA) as defined in Section VI of the Queen Anne's County Critical
Area Program, except the Buffer.
(3)
Any development in the Buffer approved under the provisions
of this section shall be mitigated as follows:
(a)
The extent or the lot or parcel shoreward of
the new development or redevelopment shall be required to remain,
or shall be established and maintained, in natural vegetation; and
(b)
Natural vegetation of an area twice the extent
of the impervious surface must be created on the property or other
similar location approved by the Planning Director.
(4)
If a person demonstrates to the satisfaction of the
Planning Director that mitigation requirements, on-site or off-site,
cannot be reasonably accomplished, the person shall pay a fee-in-lieu
equal to the total value of the required plantings. Such fee will
be dedicated to County tree replanting programs within the critical
area.
(5)
Any required reforestation or mitigation or offset
areas shall be designated under a development agreement or other instrument
and recorded among the land records of Queen Anne's County.
(6)
Applications for an administrative variance shall
be forwarded to the Critical Area Commission for review.
(7)
The Critical Area Commission shall be notified of
an administrative action by the Planning Director within 10 days of
the action.
D.
Fee requirement. The application shall be accompanied
by a nonrefundable fee in an amount prescribed by the County Commission.
