A.
The Director of Planning or a duly authorized designee
shall be vested and charged with the power and duty to:
(1)
Perform such duties as are necessary for the proper
enforcement and administration of the Harford County Zoning Code.
(2)
Receive and review complete applications under the
provisions of this Part 1 for transmittal and recommendation to the
Board.
(3)
Issue zoning certificates pursuant to the provisions
of this Part 1 and suspend or revoke any zoning certificate upon violation
of any of the provisions of this Part 1 or any approvals granted hereunder
subject to the requirements of this Part 1.
(4)
Conduct inspections and surveys to determine whether
a violation of this Part 1 exists.
(5)
Seek criminal or civil enforcement for any provision
of this Part 1 and take any action on behalf of the County, either
at law or in equity, to prevent or abate any violation or potential
violation of this Part 1.
(6)
Render a final written determination, within 45 calendar
days of the written request, of whether a proposed use is permitted
in a particular zoning district, or whether a proposed use is a legal
nonconforming use upon written request of any person. The Director
of Planning may determine a materially similar use exists, based on
the North American Industrial Classification System (NAICS). The final
written determination of the Director of Planning shall be subject
to appeal to the Board by the applicant within 20 calendar days of
the date of the decision.
(7)
Design and distribute applications and forms required
by this Part 1, requesting information that is pertinent to the requested
approval.
B.
The Director of Planning and any duly authorized agents
shall have the right to enter and inspect, with the permission of
the owner or occupant, any structure or land in order to verify that
the structure or land complies with the provisions of this Part 1.
Should the owner or occupant deny such entry, the Director of Planning
may seek relief from a court of competent jurisdiction to permit such
right.
C.
Any person may file a complaint with the Director
of Planning or a duly authorized designee alleging a violation of
this Part 1. The Director of Planning shall investigate and determine
as a matter of fact whether a violation has occurred.
A.
It shall be unlawful for any owner, tenant, licensee or occupant to initiate development of, change the use of or commence a new use of any lot or portion thereof or any building, structure or improvement or portion thereof, except agricultural uses, structures or improvements, in whole or in part, without first obtaining a zoning certificate issued by the Director of Planning or a duly authorized designee in accordance with the provisions of this Part 1. A zoning certificate shall be required for such accessory and temporary uses as are enumerated in this Part 1. An application for A zoning certificate shall be made in writing by the owner or the contract purchaser of the property for which the certificate is sought. A zoning certificate shall not be required for a preexisting use lawfully being made of a lot or any portion thereof prior to the effective date of the provisions in this Part 1 (I.E., grandfathered uses). For any development or use of any lot or portion thereof or any building, structure or improvement or portion thereof, including accessory structures and temporary uses, which also require a building permit pursuant to Chapter 82 of the Harford County Code, a separate zoning certificate and payment of a separate zoning certificate fee shall not be required and a duly issued building permit approved by the Director of Planning or the Director's designee coupled with payment of the building permit fees will act in the place and stead of the zoning certificate and will provide or add to the parameters of the permitted use or uses.
[Amended by Bill No. 23-024]
B.
An approved and duly issued zoning certificate shall
indicate that the building, structure, improvement or part thereof
or the lot or part thereof and the proposed use or modification thereof
described in the zoning certificate are in conformity with the provisions
of this Part 1.
[Amended by Bill No. 23-024]
C.
Upon written request from an owner, tenant or contract
purchaser, the Director of Planning shall issue a zoning certificate
for any building or lot lawfully existing at the time of the enactment
of this Part 1, certifying the extent and nature of the use made of
the lot or building and whether such use conforms to the provisions
of this Part 1.
[Amended by Bill No. 23-024]
D.
Every application for a zoning certificate shall:
[Amended by Bill No. 23-024]
(1)
Be accompanied by plans, drawn to scale, showing the actual shape
and dimensions of the lot to be built upon or to be changed in its
use, in whole or in part.
(2)
Indicate the exact location, size and height of any building, structure,
improvement or part thereof to be erected or altered.
(3)
Indicate the existing and intended use of each building, structure,
improvement or part thereof.
(4)
Indicate the number of residential or commercial or business units
the building or structure is designed to accommodate and, when no
buildings are involved, the location of the present use and any new
or altered use.
(5)
Indicate the proposed uses of the lot.
(6)
Provide such other information as may be reasonably required by the
Director of Planning.
E.
The Director of Planning also has the authority to
require that detailed site plans for nonresidential or multi-family
residential developments be submitted for review and approval prior
to zoning certificate application. Such approval may require review
through the Development Advisory Committee (DAC).
F.
Any zoning certificate shall be revocable upon written
order of the Director of Planning in the event of a failure to comply
with the requirements and conditions of this Part 1 or the specific
grant, order or approval applicable thereto. Such revocation shall
not be effective until after:
(1)
Notice, by certified mail, of such proposed revocation
and hearing have been provided to the holder of the certificate.
(2)
The Director of Planning has held a hearing not less
than 10 or more than 30 calendar days from the date of the forwarding
of such notice.
(3)
A final decision has been rendered within 10 calendar
days of the completion of the hearing.
G.
Any certificate, building permit or other development
permit issued on the basis of fraud, mistake or misrepresentation
shall be subject to revocation.
[Amended by Bill No. 23-024]
H.
A zoning certificate issued on the basis of approved site plans and
applications, authorizes only the uses, arrangements and developments
set forth in such applications and plans and no other uses, arrangements
or developments. Uses, arrangements or developments substantially
differing from that authorized is a violation of this Part 1 and shall
be a basis for revocation of the zoning certificate or building permit.
[Amended by Bill No. 23-024]
I.
The Director of Planning shall not issue a zoning certificate until
an application has been completed, submitted, reviewed and approved
and all fees established by the County for processing the same have
been paid in full.
[Amended by Bill No. 23-024]
A.
Establishment. In compliance with the provisions of
the Charter, the Board of Appeals is continued. The County Council
is hereby designated as the Board of Appeals. The President of the
County Council or, in his absence, the Vice President shall act as
Chairman of the Board. Hearings before the Board shall be open to
the public and quasi-judicial in nature.
B.
Powers and duties. The Board shall be vested and charged
with all the powers and duties created by this Part 1, including the
power and duty to:
(1)
Hear and decide any zoning case brought before the
Board and to impose such conditions or limitations as may be necessary
to protect the public health, safety and welfare.
(2)
Adopt rules and regulations governing procedure before
the Board consistent with the Charter and this Part 1.
(3)
Perform any act, issue any order or adopt any procedure
consistent with law applicable to administrative agencies in general
and the provisions of this Part 1.
C.
Hearing Examiners. The Board may employ Hearing Examiners to hear zoning cases within the jurisdiction of the Board pursuant to procedural rules adopted by the Board. The Hearing Examiner shall have the authority, duty and responsibility to render recommendations in all cases, subject to final approval of the Board. Such recommendations shall be consistent with the requirements of Subsection H, Decision of the Board.
D.
Filings. Applications for variances, special exceptions,
special developments and reclassification shall be filed with the
Director of Planning by the property owner, property owner's authorized
agent or contract purchaser. Applications for final determinations
may be filed with the Director of Planning by any person. Filed applications
are forwarded to the Board of Appeals for hearings.
E.
Hearings. Proceedings before the Hearing Examiner
and the Board shall be quasi-judicial in nature and conducted in accordance
with the rules of procedure of the Board in such a manner as to afford
the parties due process of law.
F.
Recommendation of the Hearing Examiner. The recommendation
of the Hearing Examiner shall be deemed to be adopted by the Board,
unless final argument is requested within 20 days from the date of
the written recommendation.
[Amended by Bill No. 09-31]
G.
Request for final argument. A request for final argument
before the Board may be filed by any Board member, the applicant,
the people's counsel or a person aggrieved who registered as a party
to the proceedings before the Hearing Examiner. Upon filing a request
for final argument, the Board shall notify all parties to the proceeding.
H.
Decision of the Board. The decision of the Board shall
be in writing and shall specify findings of fact and conclusions of
law. The Board may affirm, reverse, modify or remand the Hearing Examiner's
recommendation. In reviewing the recommendation of the Hearing Examiner,
the Board shall give consideration to the opportunity of the Hearing
Examiner to see and hear the witnesses and to judge their credibility.
The Board may specify the circumstances under which additional evidence
can be accepted by the Hearing Examiner and may remand the case for
determination of limited issues. Decisions of the Board shall be subject
to appeal in accordance with the Charter.
I.
Limitations, guidelines and standards. In addition
to the specific standards, guidelines and criteria described in this
Part 1 and other relevant considerations, the Board shall be guided
by the following general considerations. Notwithstanding any of the
provisions of this Part 1, the Board shall not approve an application
if it finds that the proposed building, addition, extension of building
or use, use or change of use would adversely affect the public health,
safety and general welfare or would result in dangerous traffic conditions
or jeopardize the lives or property of people living in the neighborhood,
Natural Resource District, Chesapeake Bay Critical Area or is protected
by a permanent easement. The Board may impose conditions or limitations
on any approval, including the posting of performance guaranties,
with regard to any of the following:
(1)
The number of persons living or working in the immediate
area.
(2)
Traffic conditions, including facilities for pedestrians
and cyclists, such as sidewalks and parking facilities; the access
of vehicles to roads; peak periods of traffic; and proposed roads,
but only if construction of such roads will commence within the reasonably
foreseeable future.
(3)
The orderly growth of the neighborhood and community
and the fiscal impact on the County.
(4)
The effect of odors, dust, gas, smoke, fumes, vibration,
glare and noise upon the use of surrounding properties.
(5)
Facilities for police, fire protection, sewerage,
water, trash and garbage collection and disposal and the ability of
the County or persons to supply such services.
(6)
The degree to which the development is consistent
with generally accepted engineering and planning principles and practices.
(7)
The structures, in the vicinity, such as schools,
houses of worship, theaters, hospitals and similar places of public
use.
(8)
The purposes set forth in this Part 1, the Master
Plan and related studies for land use, roads, parks, schools, sewers,
water, population, recreation and the like.
(9)
The environmental impact, the effect on sensitive
features and opportunities for recreation and open space.
(10)
The preservation of cultural and historic landmarks.
J.
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from, unless the Director of
Planning certifies to the Board that, by reason of facts stated in
the certificate, a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
other than by restraining order of the Board or a court of competent
jurisdiction, on application after notice to the Director of Planning
and on good cause shown.
K.
Application disapproved.
(1)
Failure to pay costs.
(a)
Except as provided in Subsection K(2) of this section, and except as provided in § 267-11C (Variances), if the application is disapproved by the Board or is dismissed for failure of the applicant to pay costs, the Board shall take no further action on another application for substantially the same relief until after 2 years from the date of such disapproval or dismissal or any final decision by a court of competent jurisdiction, whichever shall last occur.
(b)
Dismissal for failure to pay costs shall be
without prejudice.
(c)
If an appeal to the Board is perfected and the
public hearing date set by the posting of the property and thereafter
the applicant withdraws the appeal, the applicant shall be precluded
from filing another application for substantially the same relief
for 6 months from date of withdrawal.
L.
Any person, firm or corporation who fails to comply
with the requirements or conditions imposed by the Board of Appeals
shall be guilty of a misdemeanor, and upon conviction thereof, shall
be fined not more than $500.00 for each offense. Each day of a continuing
violation shall be considered a separate misdemeanor.
The Board, upon application thereof, after notice
to the owners of the properties affected and public hearing, may render
interpretation of the boundaries of a zoning district by:
A.
Determination of location: determining the location
of a road or lot layout actually on the ground or as recorded in comparison
to the road and lot lines as shown on the Zoning Maps.
B.
Map errors: permitting adjustment of any boundary
line to conform to the intent of the comprehensive rezoning and that
said adjustment is necessary to rectify a map-drafting error which
occurred during the comprehensive rezoning process.
A.
Except as provided in § 267-63.12 (Chesapeake Bay Critical Area Program, Variances), variances from the provisions or requirements of this Part 1 may be granted if the Board finds that:
[Amended by Bill No. 22-011]
(1)
By reason of the uniqueness of the property or topographical
conditions, the literal enforcement of this Part 1 would result in
practical difficulty or unreasonable hardship.
(2)
The variance will not be substantially detrimental
to adjacent properties or will not materially impair the purpose of
this Part 1 or the public interest.
B.
In authorizing a variance, the Board may impose such
conditions regarding the location, character and other features of
the proposed structure or use as it may deem necessary, consistent
with the purposes of the Part 1 and the laws of the state applicable
thereto. No variance shall exceed the minimum adjustment necessary
to relieve the hardship imposed by literal enforcement of this Part
1. The Board may require such guaranty or bond as it may deem necessary
to insure compliance with conditions imposed.
C.
If an application for a variance is denied, the Board
shall take no further action on another application for substantially
the same relief until after 2 years from the date of such disapproval.
D.
In the event that the development or use is not commenced
within 3 years from the date of the final decision after all appeals
have been exhausted, the approval for the variance shall be void.
In the event of delays, unforeseen at the time of the application
and approval, the Director of Planning shall have the authority to
extend the approval for an additional 12 months or any portion thereof.
A.
Application initiated by property owner.
(1)
Any application for a zoning reclassification by a
property owner shall be submitted to the Director of Planning and
shall include:
(a)
The location and size of the property.
(b)
A title reference or a description by metes
and bounds, courses and distance.
(c)
The present zoning classification and the classification
proposed by the applicant.
(d)
The names and addresses of all persons, organizations,
corporations or groups owning land, any part of which lies within
500 feet of the property proposed to be reclassified as shown on the
current assessment records of the State Department of Assessments
and Taxation.
(e)
A statement of the grounds for the application,
including:
[1]
A statement as to whether there is an allegation
of mistake as to the existing zoning and, if so, the nature of the
mistake and facts relied upon to support this allegation.
[2]
A statement as to whether there is an allegation
of substantial change in the character of the neighborhood and, if
so, a precise description of such alleged substantial change.
(f)
A statement as to whether, in the applicant's
opinion, the proposed classification is in conformance with the Master
Plan and the reasons for the opinion.
(2)
Concept plan. A concept plan shall be submitted by
the applicant at the time the application is filed. The concept plan
shall illustrate the proposed general nature and distribution of land
uses but need not include engineered drawings.
A.
Periodic review required.
(1)
Commencing with the first legislative session in September
1987 and every 8 years thereafter, the Director of Planning shall
submit to the County Council a written report and recommendations
to initiate a comprehensive zoning review for all or part of the County.
(2)
A comprehensive zoning review may be initiated at
any other time by order of the County Executive or by legislative
act of the County Council.
B.
Preparation.
(1)
At least 21 calendar days prior to beginning a comprehensive
zoning review under this section, the Director of Planning shall give
public notice that the Department is initiating a comprehensive zoning
review of all property within the County. The notice shall be published
once a week for 2 consecutive weeks in at least 2 newspapers of general
circulation in the County.
(2)
The Director of Planning shall prepare revisions to
the Zoning Maps and regulations in a comprehensive manner for consideration
and adoption by the Council. The proposed revisions shall be compatible
with all elements of the Master Plan as adopted by the Council.
(3)
After preparing the revisions, the Director of Planning
shall submit them to the Planning Advisory Board for review and comment
prior to submission to the County Council.
C.
Application. An owner of property may request a zoning change for the property during comprehensive zoning review by applying to the Department of Planning and Zoning at a time and in a form to be designated by the Director of Planning. The Department shall assess the applicant a comprehensive rezoning review fee as designated in § 157-25 (Zoning fees) of the Harford County Code, as amended, and a posting fee of $100 to be paid at time of application. The Department shall not accept any additional requests after the deadline established by the Director of Planning. Each application shall be considered by the Director of Planning in the comprehensive zoning review process. If the Department recommends a change in the zoning for a property when the property owner has not requested a change, the Department shall give written notice of the recommendation to the owner and to each owner of property that abuts the property for which the change has been requested. The notice shall be mailed at least 30 calendar days before the public hearing conducted on the Planning Director's final report by the Council.
D.
Council action.
(1)
Within 365 calendar days of the date the Department began accepting
applications, the County Executive shall submit to the Council the
comprehensive revisions and amendments to the Zoning Maps and regulations
contained in the final report of the Director of Planning. The Council
shall conduct a public hearing, giving public notice, which shall
be published once a week for 2 consecutive weeks in at least ONE newspaper
of general circulation in the County. Public notice shall also include
posting on an official site that is accessible to the public. During
the period of Council review, the final report of the Director of
Planning, containing the provisions and amendments to the Zoning Maps
and regulations, together with the comments of the Planning Advisory
Board, shall be on public display in the Department of Planning and
Zoning and in a public facility located in each Council District,
and posted on the County's official website.
[Amended by Bill No. 17-008]
(2)
At least 21 calendar days before the public hearing conducted by
the Council, the Director of Planning shall ensure that each property
for which the property owner has requested a zoning change is posted
with a notice stating the date, time and location of the hearing and
the telephone number of the Department. The notice shall be on a sign
measuring at least 2 feet by 3 feet, and shall be placed conspicuously
on the property near the right-of-way line of each public road on
which the property fronts. The Department of Planning and Zoning may
assess a fee, not to exceed the cost of materials and labor for printing
and posting, to the applicant. Following the posting, the property
owner shall use reasonable efforts to maintain the notice in a condition
visible to the public until the hearing date.
[Amended by Bill No. 14-26]
(3)
Any changes to the report of the Director of Planning shall be voted upon by the Council as individual issues. A property owner shall submit justification for any request made to the Council for a change in zoning for a property that has not been submitted to the Department on or before the deadline established under Subsection C of this section.
E.
Suspension of zoning reclassification.
(1)
Notwithstanding any provisions of this Code, during the period of preparation and review of proposed comprehensive revisions or amendments to the Zoning Maps, no applications for zoning reclassification shall be accepted by the County, except as provided in Subsection C of this section, and such a request shall be considered in the preparation or modification of the proposed comprehensive revisions or amendments to the Zoning Maps.
(2)
The Hearing Examiner shall complete public hearings and issue a decision for each existing zoning reclassification application as soon as practicable. The Director of Planning shall review each such application as a part of the comprehensive zoning review process as if the application had been filed pursuant to Subsection C of this section.
F.
Suspension of procedural requirements. In the event
that the comprehensive zoning review and subsequent bill submitted
to the Council, pursuant to this section, fails for any reason, the
County Executive may recommend for introduction or the County Council
may introduce, within 120 calendar days of said failure, a subsequent
comprehensive zoning bill without complying with any of the provisions
set forth in this section. This subsequent bill shall include only
those issues previously considered in the prior bill that failed and
shall, if enacted, be considered the comprehensive zoning bill by
this section until a new comprehensive zoning review bill is subsequently
enacted. At least 14 calendar days prior to the public hearing on
the comprehensive zoning bill, the Department of Planning and Zoning
shall ensure that each property for which a zoning change had been
requested is posted with a notice to be placed conspicuously on the
property near the right-of-way line of each public road on which the
property fronts. The sign shall contain the date, time and location
of the hearing and telephone number of the Department. The Council
shall ensure that the issues and maps related to the new comprehensive
review shall be available in the Department of Planning and Zoning
and posted on the Department's web site.
G.
No zoning reclassification of property shall, for
a period of 1 year after the adoption, by bill, of the comprehensive
Zoning Maps applicable thereto, be granted by the County Council,
sitting as the Board of Appeals, on the grounds that the character
of the neighborhood has changed.
H.
Any property, or portion of a property reclassified from AG to RR or AG to VR, approved by the County Council, after the effective date of this document, must be located in the Rural Residential or Rural Village area designation, on the most recently adopted land use map. In no case shall property be rezoned to a residential classification in priority preservation areas as designated on the most recently adopted Priority Preservation Area Plan. In order to utilize density and design standards, development rights must be transferred in accordance with § 267-53D(4) (AG Agricultural District, Specific regulations).
A.
Whenever the provisions of this Part 1 have been violated,
the Director of Planning or his authorized designee(s) shall give
notice, by first class mail, to the owner, tenant or occupant of the
property alleged to be in violation, stating the nature of the violation
and ordering that any unlawful activity be abated.
[Amended by Bill No. 23-023]
B.
Any owner, tenant or occupant who uses or permits
the use of land, buildings or structures contrary to the provisions
of this Part 1 shall be guilty of a misdemeanor and shall be fined
not more than $500.00 for each offense. Each day of a continuing violation
shall be considered a separate misdemeanor.
D.
In the event of a violation of any of the provisions
of this Part 1 or any amendment or supplement thereto, the Director
of Planning, any adjacent or neighboring property owner or any person
who would be specially damaged by such violation, in addition to other
remedies provided by law, may institute a suit for injunction, mandamus,
abatement or other appropriate action or other proceeding to prevent,
restrain, correct or abate such unlawful activity or use.
