Aberdeen City Zoning Code
ARTICLE II
Administration and Enforcement
§ 235-9 Zoning Administrator.
A.
The Director of Planning and Community Development shall be the Zoning Administrator. The Zoning Administrator or duly approved designee shall be vested and charged with the power and duty to:
(1)
Act as advisor to the Planning Commission and the Board of Appeals.
(2)
Administer and enforce the Development Code.
(3)
Prepare and provide applications and forms required by this chapter.
(4)
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.
(5)
Perform such other duties as are necessary for the proper enforcement and administration of this chapter.
(6)
Recommend Development Code and Zoning Map amendments to the Planning Commission and Council.
(7)
Regulate all land development activities and enforce the provisions of this chapter.
(8)
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.
(9)
Review all annexation applications for compliance with this chapter.
(10)
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.
(11)
Review for approval or denial all applications for applicable permits.
(12)
Prepare the agenda for the Planning Commission and Board of Appeals.
B.
The Zoning Administrator, as an agent for the City, shall be deemed an aggrieved party and has the right to appeal any decision of the Board of Appeals.
§ 235-10 Planning Commission.
A.
The Planning Commission is established pursuant to the Land Use Article of the Annotated Code of Maryland.
B.
The Planning Commission shall consist of seven members appointed by the Council who shall serve without compensation. The term of each member shall be five years or until a successor takes office. If a seat on the Planning Commission becomes vacant, the Mayor shall appoint a member, with concurrence of the Council, to fill the remaining term of the vacancy.
C.
The Planning Commission shall elect a Chairperson and Deputy Chairperson from its members for terms of one year with eligibility for reelection.
D.
All business before the Planning Commission shall be submitted for review 30 days before the Planning Commission’s scheduled meeting.
E.
The Commission shall hold one regular public meeting each month and such other special meetings as may be determined. Commission agendas and meeting minutes shall be posted on the City’s website. It shall adopt procedures for the transaction of business and shall keep a public record of its resolutions, transactions, findings, and determinations. Fire, police, emergency operations, and departmental personnel shall attend the meetings of the Planning Commission and act as consultants.
F.
A majority of the members (four) of the Commission shall constitute a quorum for the transaction of business, and a majority vote of those present at any meeting, but not less than the number necessary for a quorum, shall be sufficient for any official action taken by the Commission.
G.
Powers and duties of the Commission. The Commission shall:
(1)
Have such powers and duties as set forth in the Land Use Article of the Annotated Code of Maryland.
(2)
Adopt rules of procedure for the conduct of its business.
(3)
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:
(a)
Make a preliminary report about the Comprehensive Plan and hold at least one public hearing.
(b)
Consult public officials and agencies; civic, educational, professional and other organizations; and citizens with relation to protecting or executing the plan.
(c)
Prepare, adopt and file a final report on the plan with the Mayor and Council in accordance with the Land Use Article of the Annotated Code of Maryland.
(d)
Recommend changes or amendments to the Aberdeen Comprehensive Plan.
(e)
Promote public interest in and understanding of the plan.
(4)
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.
(5)
Recommend the boundaries of the various districts and appropriate regulations to be enforced therein.
(6)
Recommend text amendments to the Aberdeen Development Code.
(7)
Recommend rezonings and annexations.
(8)
Recommend changes or amendments to the Subdivision Regulations.
(9)
Recommend acquisition and development of lands for City open space or recreation purposes.
(10)
Recommend changes in land use or development arising from local, state or federal programs or policies.
(11)
Make other recommendations to the Council on items of interest or concern.
(12)
Submit an annual report to the Council and the Maryland Department of Planning.
(13)
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 more closely conform to the objectives of the adopted Comprehensive Plan, to take advantage of new techniques, to correct deficiencies, or for other appropriate reasons.
(14)
Make recommendations based on sound planning principles.
(15)
Maintain a summary of all meetings and recommendations.
(16)
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.
(17)
Recommend programs for public structures, improvements and land acquisitions and for their financing.
(18)
Enter upon any land and make examinations and surveys.
(19)
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.
§ 235-11 Board of Appeals.
A.
The Board of Appeals is established pursuant to the Land Use Article of the Annotated Code of Maryland.
B.
The Board of Appeals shall consist of five members and one alternate member, who may be empowered to sit on the Board in the absence of any member of the Board, who shall serve without compensation. The terms of all members shall be three years. If a seat on the Board of Appeals becomes vacant, the Mayor will appoint a member, with concurrence of the Council, to fill the remaining term of the vacancy. All members may be eligible for reappointment.
C.
The Board of Appeals shall elect a Chairperson and a Deputy Chairperson from its members for terms of one year with eligibility for reelection.
D.
The Board shall:
(1)
Administer oaths and conduct hearings, including receipt of evidence and stipulations.
(2)
Adopt rules and regulations for the conduct of its hearings.
(3)
Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator.
(4)
Hear and decide applications for special exceptions and variances as authorized under this chapter.
(5)
Issues subpoenas for and compel the attendance of witnesses.
E.
Meetings, notice and hearings.
(1)
The Board shall adopt rules for the conduct of its business, which shall be made available to the public. A quorum shall not be fewer than three members, and an affirmative vote of three members of the Board shall be required to reverse any decision, ruling or determination of the Zoning Administrator or to approve any special exception or variance. All hearings and deliberations shall be open to the public, unless permitted to be closed under the Open Meetings Act.[1]
(2)
The Board shall hold meetings at the call of the Chairperson and at such other times as the Board may determine.
(3)
The Board shall keep minutes of its proceedings and other actions, showing the vote of each member upon each question. The Board shall keep records of its examination and other official actions, all of which shall be filed in the City office 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.
(4)
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.
(5)
All contiguous property owners shall be notified of the public hearing date by regular and certified mail.
F.
In addition to such other rules and regulations as may be adopted by the Board, the hearing shall be conducted as follows:
G.
The Board may impose such conditions regarding the locations and other features of the proposed structures or uses as it may deem necessary, consistent with the purposes of the code, the limitations, guides, and standards and the laws of the City and State of Maryland.
H.
Decision of the Board.
(1)
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.
(2)
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.
I.
An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator 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 otherwise than by order of a court of competent jurisdiction after notice to the Zoning Administrator and on good cause shown.
J.
If the application is disapproved by the Board or is dismissed for failure of the applicant to pay costs, then the Board shall take no further action on another application for substantially the same relief until six months from the date of such disapproval or dismissal, whichever shall last occur.
L.
Criteria for approval of variances. Variances from the provisions or requirements of this chapter may be granted if the Board finds that:
(1)
The literal enforcement of the code would result in undue hardship.
(2)
The variance will not be substantially detrimental to adjacent properties and will not materially impair the purpose of this chapter or the public interest and the character of a district will not be changed by the granting of the variance.
(3)
No variance shall exceed the minimum adjustment necessary to relieve the hardship imposed by the literal enforcement of this chapter.
M.
Appeals from a decision of the Board may be filed by any interested person to the Circuit Court in the manner prescribed by law within 30 days from the date of the Board's decision.
N.
A fee shall be charged for filing and handling each application or appeal provided for in this article, in an amount to be determined by the Council. All costs associated with the application must be paid to the City when the application is filed. The costs of appeal, including the copy of the transcript, shall be borne by the applicant.
O.
The Board, upon application for an interpretation of the Development Code or Zoning Map, after notice to the owners of the properties affected and public hearing, may render an interpretation.
§ 235-13 Rezoning for individual parcels.
A.
The Zoning Administrator, as an agent of the City, may initiate a rezoning request if the Zoning Administrator determines that a mistake in the zoning has occurred during the last comprehensive rezoning or that there has been a substantial change in the character of the neighborhood. The Zoning Administrator shall be deemed an interested party and subject to the same submittal and notification requirements as a property owner.
B.
Request initiated by property owner. Any request for a rezoning to the property by a property owner or contract purchaser, with the consent of the property owner, shall be submitted to the Zoning Administrator and shall include:
(1)
The location and size of the property.
(2)
A title reference or a description by metes and bounds, courses and distance.
(3)
The present zoning classification and the classification proposed by the applicant.
(4)
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.
(5)
A statement of the grounds for the request, including:
(a)
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;
(b)
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; and
(c)
A statement as to whether the proposed classification is in conformance with the Comprehensive Plan and the reasons for the opinion.
C.
A concept plan shall be submitted with the application. The concept plan shall illustrate the proposed general nature and distribution of land uses but need not include drawings prepared by an engineer.
D.
The Planning Commission shall review applications for rezoning and submit its recommendation to the Council prior to public hearing.
E.
Notice of public hearing shall be provided 30 days prior to the scheduled hearing. A complete record of the hearing and the votes of all the Council shall be kept.
F.
The Council shall make findings of fact in each specific case, including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation of the Planning Commission and the relationship of such proposed rezoning to the Comprehensive Plan.
G.
The Council may grant the amendment based upon a finding that there was a substantial change in the character of the neighborhood where the property is located since the last comprehensive zoning or that there was a mistake in the last comprehensive zoning.
H.
Any person aggrieved by the decision of the Council may appeal to the Circuit Court for Harford County within 30 days from the date of the decision.
§ 235-14 Comprehensive zoning review.
A.
The Zoning Administrator may recommend revisions to the Zoning Map as needed for consideration and review by the Planning Commission and approval by the Council. Proposed revisions to the Zoning Map shall be prepared by the Zoning Administrator based on a review and study of existing land use and future land use needs, population, economics, transportation patterns, public facilities and services, and other relevant planning factors.
B.
Notice of a public hearing before the Council shall be provided 30 days in advance and published at least one time in a local newspaper. A copy of the public hearing notice shall be sent by regular mail to all property owners contiguous to those lots or parcels of land affected by a proposed change to the current zoning.
§ 235-15 Annexation policy and procedure.
A.
Policy. The following principles shall govern annexation:
(1)
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 in order to promote the health, safety, welfare and economic development of the City.
(2)
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.
(3)
The annexation must contribute to the realization and/or furtherance of the goals and objectives of the Comprehensive Plan.
(4)
The location relative to 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.
(5)
The development of relevant conditions for the protection and benefit of the residents of the City.
(6)
The annexation will not result in an adverse fiscal impact upon the City.
(7)
Annexation only to increase municipal revenue is inappropriate without an ability to provide municipal services.
(8)
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.
B.
Procedures. The following procedures shall govern annexation and the zoning of land so annexed:
(1)
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 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:
(a)
Descriptive data.
[1]
A legal description of the property with metes and bounds.
[2]
Name and address of all members, stockholders, partners, or other individuals having a legal or equitable interest in the entity that owns an interest in the property.
[3]
The names and addresses of all persons residing in the area to be annexed.
(b)
Exhibit showing:
[1]
The legal boundaries of the property, to include complete parcels and all property lines in order to eliminate noncontiguous land that may be annexed in the future.
[2]
The existing land use conditions surrounding the subject property.
[3]
Existing county zoning and the petitioner's proposed City zoning.
[4]
A property tax map.
[5]
An aerial photographic map at an appropriate scale.
[6]
Topographic map of the property at an appropriate scale.
[7]
Existing public facilities and improvements.
[8]
Existing reserved or public areas.
(c)
Certification that each owner of real property, both within the area of the proposed annexation and contiguous to the annexation area, has either executed the petition or has been sent by certified mail and first-class mail to the address listed in the assessments records, within 10 days prior to filing of the petition, a summary in a format provided by the City.
(d)
Concept plan:
[1]
Showing the boundary of the area to be annexed.
[2]
Showing the general location of each proposed land use (residential with type, commercial, open space, etc.) on the property and the percentage of the whole for each use. General location of land uses may be shown as irregular graphic shapes depicting the approximate size and relationship to adjacent land uses.
[3]
Providing a table listing densities and land use by type, including the area of each.
[4]
Showing the density of residential development, the maximum and minimum lot sizes, and the anticipated square footage of commercial and industrial buildings.
[5]
Showing existing and proposed arterial and collector streets adjoining (where applicable) and their relationship to the principal land uses on the site, consistent with the adopted Transportation Element in the Comprehensive Plan for the City.
[6]
Showing existing and proposed major utility lines or facilities and their relationship to the principal land uses on the site.
[7]
Showing contour lines at a maximum of five-foot intervals.
[8]
Showing significant natural or man-made features on the site and contiguous to the property, as available from current Harford County or other pertinent geographic information system (GIS) databases.
(e)
Description of municipal services that may need to be upgraded, initiated, or extended, together with a recommendation regarding the priority for accomplishing the improvements and a recommendation as to possible sources of funding and recoupment for any capital improvements.
(f)
Estimation of the potential revenue that will be generated from the development of the area to be annexed and which will be realized by the City.
(g)
Description of the social and economic characteristics of the proposed area to be annexed and the surrounding area.
(h)
Identification of existing environmental characteristics (floodplains, wetland delineations, endangered flora and fauna, etc.) of the proposed area to be annexed and the surrounding area with information relating to any environmental impact which annexation and development might have upon these characteristics.
(i)
Description of any unique characteristics (i.e., historical, archaeological, institutional, etc.) situated in the area to be annexed and a surrounding area within a one-mile radius of the area to be annexed, with an analysis of how these characteristics would be impacted by annexation.
(j)
A detailed statement as to whether the land uses and densities permitted under the proposed City zoning classification and the land uses for the annexed area and densities permitted under the current Harford County zoning classification are, or are not, substantially different as that term is defined in § 4-416 of the Local Government Article of the Annotated Code of Maryland.
(2)
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 hearing regarding the petition. The petitioner also shall include a certification that the CIM was advertised.
(3)
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 a thirty-day period or to take other reasonable steps with regard to the petition, including:
(a)
Supplementation of the information required to be submitted in the petition.
(b)
Provision for a study by an independent consultant selected by the City and the petitioner to evaluate the information submitted in support of the petition and to determine the fiscal impact of the annexation on the City.
(c)
Provision for any other studies necessary for the proper consideration of the petition.
(d)
Additional mailing, posting or advertising notice requirements.
(4)
Petition review by Planning Commission.
(a)
Upon completion of the review, the Director of Planning and Community Development shall forward the petition package to the Planning Commission no less than 30 days prior to the next scheduled Planning Commission meeting. At this time, the Director shall advertise the agenda of the Planning Commission in a news publication of general weekly circulation in the Aberdeen area. The petitioner shall supply 15 copies and one digital-format copy of the completed petition package to the Director prior to this submittal.
(b)
The Planning Commission will review the petition for annexation and take public comment during its scheduled meeting.
(c)
The Planning Commission shall submit its recommendation to the City Council within 60 days of the Planning Commission meeting.
(5)
Payment for processing and review.
(a)
The petitioner shall be responsible for payment for all studies required by the Director of Planning and Community Development and reimbursement of all staff and Attorney time necessary for review of the petition and all studies.
(b)
The staff shall keep an accounting of their time spent on the annexation review reflecting the hourly rate of each employee established by the City.
(6)
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.
(7)
Public hearing.
(a)
When the petitioner has complied with the requirements as specified by the Director of Planning and Community Development following the review and the annexation has been prepared and distributed, the City Council shall introduce an annexation resolution and conduct a public hearing with regard to the proposed annexation at the time and place as shall be established by it.
(b)
The hearing shall be conducted and a record of the proceedings shall be preserved in a manner as the City Council prescribes.
(c)
A description of the annexation and a notice of the time and place of the hearing shall be published as specified in § 4-406 of the Local Government Article of the Annotated Code of Maryland.
(d)
At the hearing, the recommendations of any board, commission, or agency shall be considered evidence.
(8)
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.
(9)
Annexation agreement.
(a)
The City Council may, prior to voting on the resolution, enter into an annexation agreement with persons and entities that are petitioners in the annexation petition. Only those petitioners that agree to be responsible to the City for performance of contractual or financial commitments, or that promise community benefits, are required to be a party to the agreement.
(b)
The City Council shall hold a public hearing on the proposed agreement prior to the City's final approval and execution of the agreement and before taking a vote on the annexation resolution. The copies of the proposed agreement shall be made available to the public at City Hall no later than 10 calendar days prior to the public hearing.
(c)
The effective date of the agreement shall be the date that the approval of the annexation resolution by the City Council becomes final. Upon the annexation resolution becoming final, the agreement shall be binding upon the parties thereto, their heirs, successors, grantees and assigns.
(d)
The annexation agreement shall be recorded by the City in the land records of Harford County, Maryland, within 30 days of the date the annexation resolution becomes final.
(10)
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.
(11)
Approval or rejection.
(12)
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.
§ 235-16 Violations and penalties; abatement.
A.
A violation of this chapter or any condition attached to a special exception or variance shall constitute a municipal infraction and shall be subject to the provisions of § 95-1 et seq. of the City Code.
B.
In the event of a violation of any of the provisions of this chapter or any amendment or supplement thereto, the Zoning Administrator, 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 file for injunction, written court order, abatement or other appropriate action or other proceeding to prevent, restrain, correct or abate such unlawful activity or use.
C.
Notice of violation shall be sent by certified mail and first-class mail to the owner of the property as listed on the real estate tax records of the State Department of Assessments and Taxation and by posting on the property and shall provide a five-day notice to correct unless the violation causes imminent peril to life or property.
D.
Upon reasonable notice, the Zoning Administrator or authorized designee shall have the right to enter upon any land and to abate any zoning violation for which notice has been provided and to impose the cost of such abatement as a lien upon the property, to bear interest, be collected and enforced, and in all respects be treated in the same manner as City real property taxes.