Aberdeen City Zoning Code

Act as advisor to the Planning Commission and the Board of Appeals.

Administer and enforce the Development Code.

Prepare and provide applications and forms required by this chapter.

Enter and inspect any structure or land to determine if the parcel or use complies with the provisions of this chapter. Should the owner or occupant deny such entry, the Zoning Administrator may seek relief from the court to permit such right.

Perform such other duties as are necessary for the proper enforcement and administration of this chapter.

Recommend Development Code and Zoning Map amendments to the Planning Commission and Council.

Regulate all land development activities and enforce the provisions of this chapter, Chapter 275, Floodplain Management, Chapter 280, Forest Conservation, Chapter 302, Growth Management, and Chapter 475, Subdivision of Land.

Render interpretations, upon written request of any interested person whose property may be affected, as to the applicability of the code to particular uses. Interpretations can be appealed within 30 days to the Board of Appeals.

Review all annexation applications for compliance with this chapter.

Review applications for rezoning, special exceptions, variances and interpretations under the provisions of this chapter for recommendation to the Board of Appeals or Planning Commission.

Review for approval or denial all applications for applicable permits.

Prepare the agenda for the Planning Commission and Board of Appeals.

Have such powers and duties as set forth in the Land Use Article of the Annotated Code of Maryland.

Adopt rules of procedure for the conduct of its business.

Make and approve a Comprehensive Plan prepared in accordance with the Land Use Article of the Annotated Code of Maryland and recommend the plan to the Council. The Commission shall:

Review, comment, and approve a recommendation to the City Council for all preliminary site plans and preliminary and final subdivision plats. The approval of a preliminary site plan or preliminary subdivision plat will be valid for two years from the date of the City Council approval, after which the preliminary site plan or preliminary subdivision plat must be resubmitted for review and approval.

Recommend the boundaries of the various districts and appropriate regulations to be enforced therein.

Recommend text amendments to the Aberdeen Development Code.

Recommend rezonings and annexations.

Recommend changes or amendments to the Subdivision Regulations.

Recommend acquisition and development of lands for City open space or recreation purposes.

Recommend changes in land use or development arising from local, state or federal programs or policies.

Make other recommendations to the Council on items of interest or concern.

Submit an annual report to the Council and the Maryland Department of Planning.

Review as needed, or a minimum of every six years, the Development Code and Zoning Map to determine whether it is advisable to amend the regulations or the Map, or both, to conform to the objectives of the adopted Comprehensive Plan, to take advantage of new techniques, to correct deficiencies, or for other appropriate reasons.

Make recommendations based on sound planning principles.

Maintain a summary of all meetings and recommendations.

Impose conditions on its approval of developments, including but not limited to configuration of streets, sidewalks, location of public improvements, reservation of open space and recreational areas.

Recommend programs for public structures, improvements and land acquisitions and for their financing.

Enter upon any land to perform official examinations and surveys.

Have such powers to enable it to fulfill its functions, promote planning or execute the purposes of the Land Use Article of the Annotated Code of Maryland.

Administer oaths and conduct hearings, including receipt of evidence and stipulations.

Adopt rules and regulations for the conduct of its hearings.

Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator.

Hear and decide applications for special exceptions and variances as authorized under this chapter.

Issue subpoenas for and compel the attendance of witnesses.

The Board shall adopt rules for the conduct of its business, which shall be made available to the public. All hearings and deliberations shall be open to the public, unless permitted to be closed under the Open Meetings Act.[1]

The Board shall hold meetings at the call of the Chairperson and at such other times as the Board may determine.

The Board shall maintain a record of all matters on which it has jurisdiction, including setting forth the vote of each member upon each question. The Board shall maintain a record of its examination and other official actions, all of which shall be filed in the Department of Planning and Community Development and shall be a public record. The Chairperson or, in his/her absence, the Deputy Chairperson may administer oaths and compel the attendance of witnesses, pursuant to the Board's rules of procedure as required under this section.

Upon receipt of a completed application, the Board shall schedule a public hearing and provide notice in one newspaper of general circulation in the City at least 14 days prior to the hearing and on the City's website.

All contiguous property owners shall be notified of the public hearing date by regular and certified mail.

All Board of Appeals hearings shall have a court reporter in attendance, who shall administer oaths and provide copies of transcripts upon request. The costs of appeal, including the copy of the transcript, shall be paid by the applicant.

When the Board determines that multiple applications of a similar nature are being submitted for consideration, such that the frequency indicates a potential misalignment between this chapter and prevailing development practices, the Board shall prepare and transmit a report to the Planning Commission and City Council for review. The report shall identify the recurring applications of a similar nature and make recommendations for text amendments to the Planning Commission and City Council. The Planning Commission will consider the Board's recommendations for text amendments and propose changes accordingly or the City Council may initiate text amendments and request the Planning Commission review and make a recommendation. Any recommended text amendments shall align with the goals of the adopted Comprehensive Plan and current community needs.

Applicant's case.

Report of the Department of Planning and Community Development and other public agency representatives.

Any opponent's case in chief.

Applicant's case in rebuttal.

Lapse of special exception or variance. After the Board of Appeals has approved a special exception or granted a variance, the special exception or variance so approved or granted shall lapse after the expiration of two years if no substantial construction or change of use has taken place in accordance with the plans for which such special exception or variance was granted or if the Board does not specify some longer period than two years for good cause shown, and the provision of these regulations shall thereafter govern.

The Board shall issue a written decision or determination on any application or appeal within 30 days following the close of the record. This time may be extended by the Chairperson for an additional 60 days.

Is a permissible special exception compatible with similar uses in the zoning district and that the Board of Appeals application complies with all procedural requirements set forth in this section.

Complies with all standards and requirements specifically set forth for such use as may be contained in this section and in the zoning district within which the intended use will be located.

Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood, and will cause no objectionable noise, vibrations, fumes, odors, dust, toxicity, glare, or physical activity.

Will be in harmony with the general character of the neighborhood considering population density, design, scale and bulk of any proposed new structure or conversion of existing structures, as well as the intensity and character of activity, traffic and parking conditions and number of similar uses.

Will be consistent with the Comprehensive Plan or other planning guides or capital programs for the physical development of the district.

Will not adversely affect health, safety, security, morals, or general welfare of residents, visitors, or workers in the area.

Will be served by adequate public services and facilities, including police and fire protection, water and sanitary sewer, storm drainage, public roads, and other public improvements.

Will consider the environmental impact, the effect on sensitive features and opportunities for recreation and open space.

Will consider the preservation of cultural and historic landmarks.

That the applicant has demonstrated a need for the requested use.

The Board of Appeals shall prescribe a time limit in which the special exception is required to be completed.

The Board of Appeals shall conduct a public hearing upon the failure to complete the special exception within the prescribed time, and following the public hearing may terminate the special exception. The Board may, upon written request and for good cause shown, extend the time for completion of the special exception.

The Board of Appeals is authorized to amend or modify the terms or conditions of a special exception upon the request of the special exception holder or upon recommendation of any City Department or the Planning Commission.

A special exception shall be deemed abandoned, irrespective of the intent of the applicant, where the cessation of the use approved or the activities incident to the operation of the special exception have been discontinued for a period of at least one year after implementation thereof.

Variances from the provisions or requirements of this chapter will be considered by the Board of Appeals.

To better understand the requirements for requesting a variance, these facts should be considered by the applicant:

The Board may grant a variance if it finds that these standards have been met by the applicant:

Adequate facilities for schools, police, fire protection, water, and sewer infrastructure, and refuse collection and disposal and the ability of the City to supply such services.

The degree to which the development is consistent with engineering and planning principles and practices.

The effect of odors, gas, smoke, fumes, vibration, glare, and noise upon the use of surrounding properties.

The environmental impact, the effect on sensitive natural areas such as floodplains and non-tidal wetlands.

The number of people living or working in the immediate area.

The orderly growth of the neighborhood and community and the fiscal impact on the City; the need for the proposed use within the community.

The preservation of historic landmarks as identified in the National Register of Historic Places, an official listing of the nation's historic places.

The adopted Comprehensive Plan and the Code of the City of Aberdeen regarding Chapter 235, Development Code, Chapter 302, Growth Management, Chapter 475, Subdivision of Land, and other chapters as applicable.

The size of the parcel and the effect of the proposed use on adjoining properties.

Sidewalk connectivity and crosswalks for safe pedestrian travel; addition of bicycle lanes; adequate parking facilities and passive recreation facilities.

The location and size of the property, tax identification number, tax map and parcel number.

A title reference or a description by metes and bounds, courses and distance.

The present zoning classification and the classification proposed by the applicant.

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.

A statement of the grounds for the request, including:

The City Council may consider and act upon a petition for the annexation of land contiguous and adjacent to the corporate limits of the City to promote the health, safety, welfare, and economic development of the City.

The annexation may be appropriate when it promotes coordinated planning for the area surrounding the land proposed for annexation, and where it is consistent with the plans for the present and future development of the City, and where it will not result in isolated development inconsistent with surrounding land uses.

The annexation must be consistent with the Land Use and Municipal Growth chapters of the Comprehensive Plan.

The location of existing public facilities and a review of the City's ability to provide public facilities or the potential of alternative nonpublic facilities to serve the annexation area.

The development of relevant conditions for the protection and benefit of the residents of the City.

The annexation will not result in an adverse fiscal impact upon the City.

Annexation only to increase municipal revenue is inappropriate without an ability to provide municipal services.

Upon approval of an annexation petition by the City Council, the petitioner shall not be permitted to amend or to otherwise change the terms of the annexation petition.

Petition filing contents. A petition for annexation, prepared in compliance with § 4-404 of the Local Government Article of the Annotated Code of Maryland, shall be signed by the owner of the property and any contract purchaser(s) and shall be filed with the City Clerk, together with 15 copies of the petition, an electronic copy, and a nonrefundable fee as established by resolution of the City Council. The City may require additional copies to be provided to the City at its discretion. The petition shall include the following:

Community informational meeting (CIM). Within 45 days prior to the petition filing date, the petitioner shall hold a CIM. This meeting will be facilitated by the City planning staff and held at a public location (library, City Hall, etc.) adequate to serve the expected turnout of residents. The meeting shall be advertised by a posting on the property(ies) at its boundary with a public road, or at the closest public road intersection, and in a news publication of general weekly circulation in the Aberdeen area. The staff shall coordinate the attendance of a liaison from the Planning Commission and the City Council. At a minimum, all documents included in the petitioner's filing shall be made available for review at the CIM. The petitioner shall submit a summary of comments (meeting minutes) made by the citizens to the City at the CIM at least 10 days prior to the scheduled Planning Commission meeting regarding the petition. The petitioner also shall include a certification that the CIM was advertised.

Petition preliminary review. Within 90 days following the date of the filing of a petition and all required attachments, the Director of Planning and Community Development shall conduct a preliminary review of the petition with the petitioner(s), or the petitioner's representative, and the Director of the Department of Public Works. Prior to beginning the review, the Department of Planning and Community Development shall inform the petitioner(s), in writing, of the date when the petition and all required attachments have been provided and accepted. Based upon this review, the Director of Planning and Community Development may direct the petitioner to submit additional information within 30 days or to take other reasonable steps with regard to the petition, including:

Petition review by Planning Commission.

Payment for processing and review.

Adoption of annexation plan. Consistent with § 4-415 of the Local Government Article of the Annotated Code of Maryland, the City Council shall adopt an annexation plan which shall be open to public review and discussion at a public hearing.

Public hearing.

Conditions. In acting favorably with regard to the petition, the City Council may include in its resolution such conditions and restrictions as are deemed necessary for the protection of the public interest, furtherance of the health, safety, and welfare of the residents of the City and to secure compliance with any relevant legal standards or requirements.

Annexation agreement.

Zoning. In acting favorably with regard to the petition, the City Council shall designate the zoning classification of the annexed land as provided for in this chapter and in other applicable laws, ordinances, regulations, and procedures related to zoning of annexed land.

Approval or rejection.

Other applicable law. This procedure is in addition to any other provisions of the City Charter and Code of the City of Aberdeen and of the Annotated Code of Maryland that govern annexation.

Whenever the provisions of this chapter have been violated, the Zoning Administrator or designee shall send a written notice to the owner and occupant of the property alleged to be in violation, indicating the nature of the violation and ordering corrective action within 15 days. An additional written notice may be sent at the Zoning Administrator's discretion.

The notice shall state what action the Zoning Administrator intends to take if the violation is not corrected and advise that the Zoning Administrator's decision may be appealed to the Board of Appeals in accordance with § 235-11 of this chapter.

Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety or welfare, the Zoning Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Subsection D of this section.

Any owner, tenant or occupant who uses or permits the use of land, buildings or structures contrary to the provisions of this chapter is guilty of a municipal infraction and shall be subject to a fine of not more than $400 for each offense, in accordance with Chapter 95, Municipal Infractions. Each day of a continuing violation shall be considered a separate municipal infraction.

The City may recover damages in a civil action for violation of this chapter and may adopt procedures for the imposition of civil penalties as authorized by State law.

In the event of a violation of any of the provisions of this chapter or any amendment or supplement thereto, the Zoning Administrator may institute a suit for injunctive relief or other appropriate action or other proceeding to prevent, restrain, correct or abate such unlawful activity or use.

Before a zoning, building or sign permit, final site plan, variance, or special exception may be revoked, all notice and hearing requirements provided in this subsection shall be complied with.

No persons may continue to make use of any property, building or structure in the manner authorized by any zoning, building or sign permit, final site plan, variance, or special exception approval/permit after such approval/permit has been revoked in accordance with this subsection.