The Board of Appeals shall have the following
powers and duties:
A.
Administrative review. To hear and decide appeals
where it is alleged there is error in any order, requirement, decision,
or determination made by the Zoning Administrator in the enforcement
of this chapter.
B.
Conditional uses/special exceptions; conditions governing
applications; procedures. To hear and decide only such applications
for special exceptions for conditional uses as the Board of Appeals
is specifically authorized to pass on by the terms of this chapter;
to decide such questions as are involved in determining whether special
exceptions for the approval of conditional uses should be granted,
and to grant special exceptions with such conditions and safeguards
as are appropriate under this chapter, or to deny issuance of a special
exception when not in harmony with the purpose and intent of this
chapter. A special exception for a conditional use shall not be granted
by the Board of Appeals unless and until:
(1)
A written application for a special exception is submitted
indicating the section of this chapter under which the conditional
use is sought and stating the grounds on which it is requested.
(2)
The Planning and Zoning Commission has reviewed the
application and has made a recommendation to the Board.
(3)
Notice shall be given at least 15 days in advance
of a public hearing. The owner of the property for which a conditional
use is sought, or his agent, shall be notified by mail. Notice of
such hearings for the special exception shall be posted on the property
for which a conditional use is sought and at the Town Hall, and notice
shall be published in a newspaper of general circulation in the Town
at least 15 days prior to the public hearing.
(4)
The public hearing shall be held. Any party may appear
in person, or by agent or attorney.
(5)
The Board of Appeals shall first make a finding that
it is empowered under the section of this chapter described in the
application to grant the special exception for the conditional use,
and that the granting of the special exception will not 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 the people living in the neighborhood.
(6)
In granting any special exception, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards when made a part of the terms under which the special exception is granted shall be deemed a violation of this chapter and punishable under § 245-143 of this chapter.
C.
Variances; conditions governing applications; procedures.
To authorize upon appeal in specific cases such variance from the
terms of this chapter as will not be contrary to the public interest
where, owing to special conditions, a literal enforcement of the provisions
of this chapter would result in unnecessary hardship. A variance from
the terms of this chapter shall not be granted by the Board of Appeals
unless and until:
(1)
A written application for a variance is submitted
demonstrating:
(a)
That special conditions and circumstances exist
which are peculiar to the land, structure, or building involved and
which are not applicable to other lands, structures, or buildings,
in the same zone.
(b)
That literal interpretation of the provisions
of this chapter would deprive the applicant of rights commonly enjoyed
by other properties in the same zone under the terms of this chapter.
(c)
That the special conditions and circumstances
do not result from the actions of the applicant.
(d)
That granting the variance requested will not
confer on the applicant any special privilege that is denied by this
chapter to other lands, structures, or buildings in the same zone.
(2)
No nonconforming use of neighboring lands, structures,
or buildings in the same zone, and no permitted use of lands, structures,
or buildings in other zones shall be considered grounds for the issuance
of a variance.
(3)
Notice of public hearing shall be given as in § 245-137B(2).
(4)
The public hearing shall be held. Any party may appear
in person, or by agent or by attorney.
(5)
The Board of Appeals shall make findings that the requirements of § 245-137A(3) have been met by the applicant for a variance.
(6)
The Board of Appeals shall further make a finding
that the reasons set forth in the application justify the granting
of the variance, and that the variance is the minimum variance that
will make possible the reasonable use of land, building, or structure.
(7)
The Board of Appeals shall further make a finding
that the granting of the variance will be in harmony with the general
purpose and intent of this chapter, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
(8)
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and be punishable under § 245-143 of this chapter.
(9)
Under no circumstances shall the Board of Appeals
grant a variance to allow a use not permitted under the terms of this
chapter in the zone that applies to the site in question.
A.
In exercising the above-mentioned powers, the Board
of Appeals may, so long as such action is in conformity with the terms
of this chapter, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination as ought to be made,
and to that end shall have powers of the Zoning Administrator from
whom the appeal is taken.
B.
The concurring vote of the majority of the members
of the Board shall be necessary to reverse any order, requirement,
decision, or determination of the Zoning Administrator, or to decide
in favor of the applicant on any matter upon which it is required
to pass under this chapter, or to effect any variation in the application
of this chapter.
C.
If any application or request is disapproved by the
Board, thereafter the Board shall not accept application for substantially
the same proposal, on the same premises, until after one year from
the date of such disapproval.
The Board of Zoning Appeals is hereby created.
The Board shall consist of five members appointed by the Mayor and
confirmed by the Town Council, and removable for cause, upon written
charges, and after public hearing. Members shall be appointed on the
initial appointment of the members of the Board, two members for a
term of three years, two members for a term of two years and one member
for a period of one year, with all subsequent appointments to be for
terms of three years each. Vacancies shall be filled by appointment
for the unexpired term. The Mayor and Council shall designate one
alternate member for the Board of Appeals who may be empowered to
sit with the Board in the absence of any member of the Board, and
when the alternate is absent, the Council may designate a temporary
alternate. A minimum of three members shall be required for a quorum.
A.
Proceedings of the Board of Appeals.
(1)
The Board of Appeals shall adopt rules necessary to
the conduct of its affairs and in keeping with the provisions of this
chapter. Meetings 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. All meetings shall be open to the public.
(2)
The Board of Appeals shall keep minutes of its proceedings,
showing the vote of each member upon each question or, if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be a public
record and be immediately filed in the Town office.
(3)
The Board of Appeals shall make specific written findings
of fact:
(a)
That support its decision;
(b)
Document the application's consistency with
the Comprehensive Plan; and
(c)
Meet the requirements in state law and this
chapter for granting special exceptions, variances, or resolving appeals
to decisions of the Planning and Zoning Commission or the Zoning Administrator.
B.
Hearings; appeals; notice.
(1)
Appeals to the Board of Appeals concerning interpretation
or administration of this chapter may be taken by any person aggrieved
or by any officer or bureau of the governing body of the Town affected
by any decision of the Zoning Administrator. Such appeals shall be
within 20 days, by filing with the Zoning Administrator and with the
Board of Appeals a notice of appeal specifying the grounds thereof.
The Zoning Administrator shall forthwith transmit to the Board all
papers constituting the record upon which the action appealed from
was taken.
(2)
The Board of Appeals shall fix a reasonable time for
the hearing of appeals, give public notice thereof as well as due
notice to the parties in interest, and hold the public hearing within
30 days from the date of filing of the notice of appeal, but failure
of the Board of Appeals to hold a hearing within 30 days shall not
prejudice either the person aggrieved or any party or persons opposed
to such appeal being granted. At least 15 days' notice of the time
and place of such hearing shall be published in a paper of general
circulation in the Town and by posting the property. At the hearing,
any party may appear in person or by agent or attorney. The Board
shall then decide the appeal within 15 days from the time of hearing,
but failure of the Board to so decide within 15 days shall not prejudice
either party.
C.
Stay of proceedings. An appeal stays all proceedings
in furtherance of the action appealed from, unless the Zoning Administrator
from whom the appeal is taken certifies to the Board of Appeals, after
the notice of appeal is filed with him, that, by reason of facts stated
in the certificate, a stay would, in his opinion, cause imminent peril
to life and property. In such case, proceedings shall not be stayed
other than by a restraining order which may be granted by the Board
of Appeals or by the Circuit Court on application, on notice to the
Zoning Administrator from whom the appeal is taken and on due cause
shown.
Any person or persons or any board, taxpayer,
or department of the Town aggrieved by any decision of the Board of
Appeals may seek review by the Circuit Court of such decision, in
the manner provided by the laws of Maryland and particularly by § 4.08
of Article 66B of the Annotated Code of Maryland, as amended).
A.
It is the intent of this chapter that all questions
of interpretations and enforcement shall be first presented to the
Zoning Administrator (and Planning and Zoning Commission) and that
such questions shall be presented to the Board of Appeals only on
appeal from the decision of the Zoning Administrator and Planning
and Zoning Commission and that recourse from the decisions of the
Board of Appeals shall be to the courts as provided by law and particularly
by § 4.08 of Article 66B of the Annotated Code of Maryland,
as amended).
B.
It is further the intent of this chapter that the duties of the Mayor and Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the Mayor and Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law, and of establishing a schedule of fees and charges as stated in § 245-140.
