A.

Purpose. This chapter lists the decision making bodies and officials that have responsibility for implementing, administering and enforcing this Zoning Code. Other City officials and departments also having specific responsibilities related to this code are identified in the appropriate sections of the Zoning Code.

B.

Responsibilities. The table at the end of this chapter summarizes the decision making responsibilities delegated to the various decision making bodies and officials under the Zoning Code.

(Ord. O-1-04 Revised (part), 2005)

The City Council shall have the responsibility for final decisions regarding the text of this Zoning Code and the Zoning Map. In addition to and in furtherance of that authority, the City Council shall have the following powers and duties:

A.

To consider and adopt, reject or modify amendments to the text of this Zoning Code and the Zoning Map, pursuant to the provisions of Chapter 21.32 and Chapter 21.34, following recommendation by the Planning Commission.

B.

To confirm appointments by the Mayor to the Planning Commission, Board of Appeals and Historic Preservation Commission.

(Ord. O-1-04 Revised (part), 2005)

A.

Establishment. The Planning Commission is established under the Land Use Article of the Annotated Code of Maryland as may be amended from time to time.

B.

Membership. The Planning Commission shall consist of seven residents of the City who have a demonstrated interest with regard to planning policy and with regard to land use matters and procedures of the City. The members shall be appointed by the Mayor and confirmed by the City Council.

C.

Term. The term of office of each member of the Planning Commission shall be as provided in the Land Use Article of the Annotated Code of Maryland as may be amended from time to time. The term of each member shall commence on July 1st of the year in the appointment is made.

D.

Rules. The Planning Commission may adopt rules to assist the Commission in carrying out its duties under this Zoning Code.

E.

Duties. The Planning Commission shall have the following powers and duties:

1.

Review all proposed amendments to this Zoning Code and Zoning Map and to report to the City Council its findings and recommendations in the manner prescribed in this Zoning Code, Chapter 21.32 and Chapter 21.34.

2.

Receive the Planning and Zoning Director's recommendations related to the effectiveness of this Zoning Code and report its conclusions and recommendations to the City Council not less frequently than once a year.

3.

Hear and decide applications on planned developments pursuant to the provisions of Zoning Code Chapter 21.24.

4.

Execute all powers conferred to Planning Commissions under the Land Use Article of the Annotated Code of Maryland as may be amended from time to time.

5.

On referral by the Director of Planning and Zoning of a major site design the Planning Commission shall hold a public hearing and make recommendations.

6.

On referral by the Director of Planning and Zoning on structures greater than three thousand two hundred fifty square feet in R2-NC zoning districts the Planning Commission shall hold a public hearing and make recommendations.

7.

The Planning Commission shall provide written findings for every decision under this title. The application shall be approved only if the majority of the members of the Planning Commission find that all of the necessary review criteria have been met.

8.

For applications under Section 21.08.030(E)3. of this title, the Planning Commission shall grant or deny applications based on whether they satisfy all the standards imposed by Section 21.24.090. The Commission may consider each standard individually but shall only vote on the application as a whole.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-28-13, § I, 10-28-2013)

A.

Establishment. The Board of Appeals is established pursuant to and has the authority to execute all of the powers granted to Boards of Appeals by the Land Use Article of the Annotated Code of Maryland as may be amended from time to time.

B.

Membership. The Board of Appeals shall consist of five members who shall be residents and registered voters of the City of Annapolis and who shall serve without compensation. The regular members and one alternate member shall be appointed by the Mayor and confirmed by the City Council and be removable for cause, upon written charges, and after public hearing. When an alternate member is absent, the Mayor with the confirmation of the City Council may designate a temporary alternate.

C.

Term. The term of office of each member of the Board of Appeals shall be for three years, as provided in the Land Use Article of the Annotated Code of Maryland as may be amended from time to time. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

D.

Rules. The Board of Appeals shall adopt rules in accordance with the provisions of this section and in accordance with the provisions of the Land Use Article of the Annotated Code of Maryland as may be amended from time to time. The Board shall adopt and amend rules as follows:

1.

After a public session to consider the proposed rules or amendments, the Board shall adopt and periodically amend rules of practice and procedure.

2.

The Board shall give reasonable notice of the date, time, and place of the public session and the category of rule or amendment to be considered at the session.

3.

After approval by the Board, the rules of the Board of Appeals shall be published and shall be available to the public through the Department of Planning and Zoning.

E.

Duties. The Board of Appeals shall have the following powers and duties:

1.

To hear and decide appeals, pursuant to the provisions of Zoning Code Chapter 21.30 where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or body in the enforcement of: (a) this Zoning Code; or (b) any ordinance adopted pursuant to this Zoning Code.

2.

To hear and decide applications for special exceptions pursuant to Chapter 21.26 of this Zoning Code.

3.

To hear and decide applications for variances from the terms of this Zoning Code, pursuant to the provisions of Chapter 21.28 and from the terms of Title 20 - Subdivisions, pursuant to the provisions of Chapter 20.32.

4.

To hear and decide applications for zoning district boundary adjustments pursuant to the provisions of Zoning Code Chapter 21.20.

5.

To hear and decide applications for physical alteration of a nonconforming use pursuant to the provisions of Chapter 21.68.

6.

To hear and decide all matters referred to it or upon which it is required to decide by this Zoning Code, and as prescribed by the Land Use Article of the Annotated Code of Maryland as may be amended from time to time.

7.

The Board of Appeals shall provide written findings for every application decision under this title. The application shall be approved only if the majority of the members of the Board of Appeals each find that all of the necessary review criteria have been met.

8.

For applications under Section 21.08.040(E)2.—4. of this title, the Board of Appeals shall grant or deny applications based on whether they satisfy all the standards imposed by this Code. The Board may consider each standard individually but shall only vote on the application as a whole.

F.

Meetings. The meetings of the Board of Appeals shall be held at the call of the chair and at other time determined by the Board. The Board shall provide public notice of any meeting by publication in at least one newspaper of general circulation in the City not less than fifteen days prior to the meeting. The chair or the acting chair may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall make a transcript of all proceedings, showing the vote of each member on each question, or the member's absence or failure to vote. The board shall immediately file the transcript of its proceedings in the Office of Planning and Zoning. Each transcript shall be a public record. If a recording or a transcript of a recording is not prepared in the normal course of the Board's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

(Ord. O-35-06 § 1, 2006: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-33-10 Amended, §§ II, V, 12-20-2010; Ord. No. O-33-10 Amended, § IV, 12-20-2010, eff. 10-1-2011; Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-21-12 Amended, § II, 6-18-2012; Ord. No. O-7-12 Amended, § I, 7-9-2012; Ord. No. O-28-13, § I, 10-28-2013)

A.

Establishment. The position of Planning and Zoning Director is established as the manager of the Department of Planning and Zoning, with the authority to administer and enforce this Zoning Code.

B.

Duties. The Planning and Zoning Director may delegate zoning administration and enforcement responsibilities to any deputy director, assistant director, or staff member of the Department of Planning and Zoning, or other individual designated by the Director. The Planning and Zoning Director has the following powers and duties:

1.

Decide applications for demolition permits pursuant to the provisions of Chapter 21.14.

2.

Decide applications for administrative interpretations pursuant to the provisions of Chapter 21.16.

3.

Decide applications for administrative adjustments pursuant to the provisions of Chapter 21.18.

4.

Decide applications for major and minor site plan review pursuant to the provisions of Chapter 21.22.

5.

Decide applications for extensions of planned developments pursuant to the provisions of Chapter 21.24.

6.

Decide applications for determinations of nonconforming use status pursuant to the provisions of Chapter 21.68.

7.

Hear and decide applications for change of nonconforming use pursuant to the provisions of Chapter 21.68.

8.

Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this Zoning Code.

9.

Take appropriate enforcement action with regard to alleged violations of this Zoning Code.

10.

Maintain permanent and current records made under this Zoning Code, including, but not limited to, all maps, amendments, planned developments, special exceptions, variances, appeals, use permits and applications.

11.

Provide and maintain public information related to this Zoning Code.

12.

Certify adjustments to a zoning district line if more accurate parcel information such as a sealed survey plat or a recorded plat becomes available and evidence clearly indicates that the property boundary was intended to match the zoning district line. The director shall provide written notice to all owners of property who are impacted by the proposed line adjustment.

13.

Initiate or direct from time to time a study of the provisions of this Zoning Code, and make reports or recommendations to the Planning Commission not less frequently than once a year.

14.

Coordinate the exchange of information between the City's Department of Planning and Zoning and the Anne Arundel County School Board to facilitate accurate and timely data about school capacity of those Annapolis feeder system schools that serve the residents of the City of Annapolis.

15.

Provide input into Anne Arundel County planning documents on school capacity and make necessary recommendations to Anne Arundel County regarding additional school facilities or capital improvements to existing facilities.

16.

Provide an annual report to the Planning Commission stating the number and location of accessory dwelling units that have been established in the City.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-33-10 Amended, §§ II, V, 12-20-2010; Ord. No. O-33-10 Amended, § IV, 12-20-2010, eff. 10-1-2011; Ord. No. O-21-12 Amended, § II, 6-18-2012; Ord. No. O-19-13 Amended, § I, 10-28-2013; Ord. No. O-41-15, § I, 1-11-2016; Ord. No. O-9-21, § I, 10-11-2021)

Editor's note— Section III of Ord. No. O-9-21, adopted Oct. 11, 2021 provides that this ordinance shall take effect from the date of its passage; provided, that there shall be an amnesty period from the date of passage of this ordinance through close of business on January 10, 2022 to encourage compliance with the rental license requirements enacted by this ordinance by allowing owners of unlicensed accessory dwelling units to participate in this amnesty period by voluntarily entering the rental license process while continuing to rent such unlicensed accessory dwelling unit. Any owner of an unlicensed accessory dwelling unit who participates in this amnesty program shall be exempt from the penalties set forth in Chapter 17.44 for the duration of the amnesty period. For the purpose of this ordinance, the owner of an unlicensed accessory dwelling unit is participating in the amnesty period if:
(1) A rental operating license application is filed in accordance with Chapter 17.44;
(2) The applicant makes a good faith effort, as determined by the Department, to complete the rental license process during the amnesty period; and
(3) Information is not made known to the Department that the health, safety, or welfare of any occupant of the unlicensed accessory dwelling unit is endangered.

A.

Establishment. The Historic Preservation Commission is established to execute all of the powers conferred to it by this Zoning Code and pursuant to the Land Use Article of the Annotated Code of Maryland as may be amended from time to time.

B.

Membership. The Historic Preservation Commission shall consist of seven members appointed by the Mayor and confirmed by the City Council. The members of the Commission shall be residents of the City. Each member shall possess a demonstrated special interest, specific knowledge, or professional or academic training in such fields as history, architecture, architectural history, planning, archaeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design, or related disciplines. In addition, the Commission membership shall comply with the following:

1.

At least two members of the Commission shall possess professional or academic training in one or more of the above-listed fields in accordance with the minimum professional requirements of the United States Department of the Interior for certifying local governments under 36. C.F.R. Part 61.

2.

The criteria for Commission membership under the category of demonstrated special interest may be satisfied either by formal training in one or more of the fields listed in Subsection (B) of this section or active membership in a preservation-related organization. The requirement for membership under the category of specific knowledge may be satisfied by formal post secondary education, employment or practical experience in one or more of the above-listed fields. The requirement for Commission membership under the category of professional or academic training may be satisfied by, at a minimum, two years' experience as a professional or a bachelor's degree in one or more of the above-listed fields.

3.

The Commission shall elect, from its membership, a chairperson and vice chairperson. The terms of the chairperson and vice chairperson shall be for one year, with eligibility for re-election.

4.

Commission members shall serve without compensation, but may be reimbursed for actual expenses incurred in the performance of their duties, provided said expenses are permitted by the budget and approved in advance by the Director of Finance.

C.

Term. The Commission members shall be appointed for terms of three years, except that the terms shall be staggered so that not more than three appointments shall expire in a given year. Commission members are eligible for reappointment. Any vacancy in the membership of the Commission caused by the expiration of a term, resignation, death, incapacity to discharge duties, removal for cause, or any other reason, shall be filled for a new term, or for the remainder of the term for which there is a vacancy, as the case may be, in the same manner as provided herein for the appointment and confirmation of the initial members of the Commission. Any vacancy of the Commission shall be filled within sixty days. In the case of expiration of terms, members may continue to serve until their successors are appointed and confirmed. Any absence of three consecutive meetings or four meetings within one calendar year shall constitute a vacancy.

D.

Rules. The Historic Preservation Commission may adopt rules to assist the Commission in carrying out its duties under this Zoning Code. Any rules of procedure adopted by the Commission shall be consistent with the following procedures:

1.

Any interested person, or person's representative, is entitled to appear and be heard at any public hearing conducted by the Commission.

2.

The Commission shall keep a record of its proceedings and actions which shall be on file for public view.

3.

Notice of Commission meetings shall appear in a newspaper with general circulation in the City seven days prior to the meetings.

4.

Four members shall constitute a quorum and the vote of the majority present is necessary for a decision.

5.

The chair, or the acting chair in the absence of the chair, may administer oaths and compel the attendance and testimony of witnesses and the production of documents on matters relating to the business of the Commission.

E.

Duties. The Historic Preservation Commission shall have the following powers and duties:

1.

The Historic Preservation Commission shall hold no fewer than one regular meeting monthly to discharge its duties.

2.

Consistent with the City's policies and procedures, employees may be assigned to the Commission, and such services and facilities made available as are deemed necessary or appropriate for the proper performance of its duties.

3.

The Historic Preservation Commission shall annually file a report with the City Council summarizing the Commission's discharge of its responsibilities.

4.

The Historic Preservation Commission shall decide applications for Certificates of Approval pursuant to the provisions of Chapter 21.56.

5.

The Historic Preservation Commission may accept and use gifts in the exercise of its functions, subject to any applicable City policies or procedures regarding acceptance or use of gifts by public officials.

6.

The Historic Preservation Commission may direct studies, reports, and surveys to identify historically, culturally, archaeologically, or architecturally significant landmarks, sites, structures, and districts that exemplify the cultural, social, economic, political, or architectural history of the City, State or Nation.

7.

The Historic Preservation Commission may adopt and utilize in its review of applications rehabilitation and new construction design guidelines and criteria for designated landmarks, sites, structures, and districts which are consistent with the U.S. Secretary of the Interior's standards for rehabilitation. Guidelines may include design characteristics intended to meet the needs of particular types of landmarks, sites, structures, and districts, and may identify categories of changes that, because they are minimal in nature, do not affect historic, cultural, archaeological, or architectural significance, and do not require review by the Commission.

8.

To adopt sidewalk café furniture guidelines for use by operating establishments located in the historic district, which hold permits issued pursuant to Chapter 7.42 of the Annapolis City Code. In adopting any such guidelines, the Historic Preservation Commission shall consider the requirements of Section 7.42.020(F) of the Annapolis City Code.

9.

Consistent with the City's Charter, ordinances, resolutions, local public law, policies, and procedures covering the acquisition of easements, to accept historic preservation easements, when deemed appropriate by the Commission, on designated landmarks, structures, or sites and on sites or structures located in, or adjacent to, a designated district, landmark, site, or structure.

10.

To undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or the implementation of the purpose of this Zoning Code.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-28-13, § I, 10-28-2013)

Annapolis Zoning Code Summary of Review and Decision-Making Authority

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-12-16 Amended, § I, 5-23-2016)

Applications submitted for review and approval pursuant to the Zoning Code will be processed in accordance with the procedures of this section and any other procedures that are established in a Division II chapter in connection with a specific zoning application. The specific procedures established in other Division II chapters may reference sections of the common procedures for review of applications.

A.

Pre-application Conference. The purpose of a pre-application conference shall be to acquaint the Planning and Zoning Director with a potential application and to acquaint the potential applicant with the requirements of the zoning code, building codes, and other relevant criteria and procedures. A pre-application conference shall not be an exhaustive review of all potential issues. The pre-application conference is informational only, and is not an approval in any manner of a proposal. Prior to the submission of an application required by the zoning code, a pre-application conference with the Planning and Zoning Director shall be in accordance with the following:

1.

Required Conference. A pre-application conference with the Planning and Zoning Director shall be held for the following types of applications:

a.

Major site design plan applications.

b.

Planned development applications.

c.

Zoning map or text amendments.

2.

Optional Conference. For all other applications, the Planning and Zoning Director may hold a pre-application conference.

B.

Community Meeting. The purpose of a community meeting is to inform persons and community associations, including but not limited to, homeowners associations, condominium associations, resident associations, and business associations. The prospective applicant shall address the items identified by the Planning and Zoning Director's checklist and receive comments and concerns about the development proposal so that the prospective applicant may become aware of those comments and concerns before submission and formal consideration of the application. The list of associations and their contact information shall be maintained by the Office of the Mayor.

1.

Required Community Meeting. A community meeting shall be held before submission of an application that requires a certificate of adequate public facilities under Title 22 of the City Code and for a proposed subdivision that will contain a new street.

2.

Optional Community Meeting. For all other types of applications, a community meeting shall be optional. Whenever a required community meeting is held, the prospective applicant may hold additional optional community meetings.

3.

Before a community meeting may be held, the prospective applicant shall provide notice in accordance with Section 21.10.020(A) and (B) of this Code. A community meeting shall be held not earlier than one year prior to submission of an application and no later than fourteen days prior to submission of an application.

4.

A prospective applicant who has conducted a community meeting shall provide a written summary of the community meeting to the Planning and Zoning Director within thirty days after the conclusion of the community meeting, unless already submitted with the application. The written summary shall include a list of meeting attendees, a summary of attendee comments, an overview of discussions related to the development proposal, and any other information the prospective applicant deems appropriate. The written summary shall be submitted with the application and be made available by the Planning and Zoning Director for public inspection. Anyone attending the community meeting may submit a written response to the prospective applicant's summary to the Planning and Zoning Director, which response the Planning and Zoning Director shall include with the application file. If an application is not filed within one year after a community meeting occurs, then before an application is filed, the prospective applicant shall hold another community meeting to be conducted in accordance with the provisions of this section.

C.

Application Forms and Submittals. All applications required under this Zoning Code shall be submitted with all required information on such forms, and in such number, as required by the Planning and Zoning Director. The Planning and Zoning Director shall have the authority to request additional information not specifically listed on the application forms to ensure compliance with this code. All applications shall be accompanied by required application fees in accordance with Section 21.10.050.

D.

Review for Completeness. All applications shall be submitted to the Planning and Zoning Director. Within no more than fifteen days of receipt of an application, the Planning and Zoning Director shall determine whether the application is complete. If the Planning and Zoning Director determines that the application is not complete, the Director shall promptly notify the applicant in writing, specifying the deficiencies of the application, including any additional information that must be supplied and that no further action shall be taken by the City on the application until the deficiencies are corrected.

E.

Correction of Deficiencies. If the applicant fails to correct the specified deficiencies within fifteen days of the date of notification of deficiency, the application shall be deemed withdrawn and shall be returned to the applicant. The Planning and Zoning Director, upon written request, may, for good cause shown and without any notice or hearing, grant extensions of the maximum fifteen day time limit for remedying deficiencies.

F.

Staff Review and Report. If staff reports are provided for as part of the procedures for a specific type of application required by the Zoning Code, the Planning and Zoning Director shall circulate an application for review by the Planning and Zoning Department and by any other City department that the Planning and Zoning Director or the decision making body deems appropriate.

G.

Application Forwarded to Decision-Making Body. Any application submitted to the Planning and Zoning Director for decision by the Planning Commission, Board of Appeals, or other decision making bodies shall be forwarded to that decision making body after the Director determines the application is complete.

H.

Coordinated Processing of Applications. If more than one type of application is required pursuant to the Zoning Code, the Planning and Zoning Director shall, to the extent possible, simultaneously process applications related to the same proposed development or activity, as long as all Zoning Code requirements for a particular application are satisfied. However, if the application requires Historic Preservation Commission approval, that approval shall be last.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-35-17, § I, 10-23-2017; Ord. No. O-14-18, § I, 11-19-2018)

Editor's note— Section II or Ord. No. O-14-18, adopted Nov. 19, 2018 states, "Any development application submitted prior to the effective date of this ordinance but not yet approved shall be evaluated and approved based on the Title 20 and Title 21 chapters as it existed at the time the application was submitted to the Planning and Zoning Department; and any development application submitted after the effective date of this ordinance shall be governed by Title 20 and Title 21 as amended by this ordinance.

A.

Posting of property. If the Zoning Code Division II provisions applicable to a specific type of application provide for posting of property, unless specific notice procedures are otherwise provided for in another Zoning Code chapter or section, posting must be done follows:

1.

Notice must be posted on the property that is the subject of an application at least fifteen days prior to a decision on the application and in a manner prescribed by the Planning and Zoning Director.

2.

In the case of an application for demolition of buildings and structures pursuant to Section 21.40.060(C)(3), in the R2-NC district, notice must be posted on the property that is the subject of an application at least thirty days prior to a decision on the application and in a manner prescribed by the Planning and Zoning Director.

3.

It is the responsibility of an applicant to post any notice required under Subsections (A)(1) or (A)(2) on the property that is the subject of an application, unless the applicant is not the property owner, in which case it is the responsibility of the property owner.

4.

In the case of appeals to any Board of Appeals, failure of the property owner responsible pursuant to Subsection (A)(3), to post any notice required under Subsections (A)(1) or (A)(2) shall result in a stay of all proceedings, including those in furtherance of the action or decision appealed. The failure of a property owner, who is not the applicant, to post any notice required under Subsections (A)(1) or (A)(2) shall not be a basis for the dismissal of any appeal to any Board of Appeals. In such circumstances, any issued permits, including but not limited to building, use and occupancy, and other permits, shall be suspended and/or revoked until such time as the property owner posts the notice. Should injunctive proceedings become necessary to require the posting, all costs shall be borne by the property owner and assessed as a lien against the property.

5.

Any sign posted on a property by an applicant must be removed by the applicant within seven days following the decision.

B.

Notice to Nearby Property Owners. If the Zoning Code Division II provisions applicable to a specific type of application provide for notice to nearby property owners, unless specific notice procedures are otherwise provided for in another Zoning Code chapter, notice must be given as follows:

1.

The applicant shall send written notification to:

a.

All parties with a financial or vested interest in the property that is the subject of the application;

b.

Property owners and tenants of property located within two hundred feet of any property boundary of the proposed development, except that this written notification requirement shall be four hundred feet for planned developments, subdivisions that do not meet the criteria for an exemption under Section 20.08.030, and major site design plan applications;

c.

The Alderperson representing the ward for which the project is planned;

d.

The President or other person in a position of authority of any Community Association, including but not limited to, homeowners associations, condominium associations, resident associations, and business associations whose geographic boundaries lie within two hundred feet of the proposed development, except that this written notification requirement shall be four hundred feet for planned developments, subdivisions that do not meet the criteria for an exemption under Section 20.08.030, and major site design plan applications. The list of associations and their contact information, including the name of the association's president or other person in a position of authority, the association's mailing address, and the association's email address shall be maintained by the Office of the Mayor, and,

e.

In the case of a required community meeting, cause to be published, in a newspaper of general circulation in the city at least fifteen days before the community meeting, notification of such meeting.

2.

Notice of public hearings must be mailed not less than fifteen days prior to the date of hearing.

3.

Prior to any public meeting or public hearing on an application, the applicant must provide the Planning and Zoning Director with verification of mailing of written notification. An applicant must provide evidence that notices of the public hearing were mailed not less than fifteen days prior to the date of hearing.

C.

Notice of Formal Public Hearing. If notice of a formal public hearing is required, unless specific notice procedures are otherwise provided for in another Division II chapter of the Zoning Code, notice must be given as follows:

1.

Notice of the application and any required public hearings at which the application will be considered shall be published in a newspaper of general circulation in the City at least fifteen days before the hearing.

2.

Notice must be posted on the property that is the subject of an application by the applicant or the property owner, if not the same, at least fifteen days prior to any public hearing on the application and in a manner prescribed by the Planning and Zoning Director. Any sign posted on a property by an applicant must be removed by the applicant within seven days following the close of the public hearing. Failure to post shall be governed by Subsection (A)(4) above.

D.

Notice of Public Meeting. If notice of a public meeting at which an application may be considered is required, unless specific notice procedures are otherwise provided for in another Division II chapter of the Zoning Code, notice must be given as follows:

1.

Notice of the application and any public meeting at which the application will be considered shall be published in a newspaper of general circulation in the City no fewer than fifteen days before the meeting.

i.

Notice must be posted on the property that is the subject of an application at least fifteen days prior to any public meeting on the application and in a manner prescribed by the Planning and Zoning Director. Any sign posted on a property by an applicant must be removed by the applicant within seven days following the public meeting.

E.

Notice of Decision. Notice of any decision on the application by the Planning and Zoning Director or the decision making body, must be given to the applicant, the Mayor and City Council, and any other persons who made written comments or testified at a hearing concerning the application, provided they included their legal name and valid mailing address or valid email address. Such notice of decision shall be by mail or email and provided by the Planning and Zoning Director not more than five days following the date of final decision.

F.

Summary of Public Meeting and Hearing Requirements. The table below summarizes the types of applications requiring a public meeting or public hearing and the City official or decision making body responsible for conducting the meeting or hearing. If more than one application or approval is required for a proposed development or activity, public hearings on each application may be simultaneously held by a decision making body on related applications.

Summary of Public Meetings (PM) Public Hearings (PH)

¹ For the purposes of this chart, subdivisions governed by Title 20 are included.

(Ord. O-28-08 § 1, 2009; Ord. O-28-07 Amended § 1, 2007: Ord. O-05-06 Amended § 1 (part), 2007: Ord. O-4-07 § 1 (part), 2007: Ord. O-15-05 Revised Amended § 1 (part), 2005: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-35-17, § I, 10-23-2017; Ord. No. O-14-18, § I, 11-19-2018; Ord. No. O-10-20, § I, 10-12-2020)

Editor's note— Section II or Ord. No. O-14-18, adopted Nov. 19, 2018 states, "Any development application submitted prior to the effective date of this ordinance but not yet approved shall be evaluated and approved based on the Title 20 and Title 21 chapters as it existed at the time the application was submitted to the Planning and Zoning Department; and any development application submitted after the effective date of this ordinance shall be governed by Title 20 and Title 21 as amended by this ordinance.

A.

Applications Decided by the Planning and Zoning Director. Any application submitted to the Planning and Zoning Director for a decision by the Director shall be on forms specified by the Director. All applications must be accompanied by the information specified on the application form and in the Zoning Code and the required filing fee set forth in the fee schedule adopted by resolution of the City Council. The Planning and Zoning Director will process applications in accordance with the common procedures set forth in Section 21.10.010, unless the Planning and Zoning Director grants a waiver from any requirements of that section or unless otherwise specifically provided in another chapter of Zoning Code Division II. The Director may request additional studies, acquire additional data, or provide the applicant an opportunity to submit plan revisions.

B.

Decision by Planning and Zoning Director. The Planning and Zoning Director must render a decision to approve, conditionally approve, or deny an application in accordance with the time for decision established by this Code. Unless otherwise specifically provided in Zoning Code Division II, the Planning and Zoning Director will decide an application no later than thirty days after a determination of completeness of the application, unless the applicant consents in writing to additional time. The Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015)

A.

Applications Decided by the Board of Appeals. In addition to such other rules that the Board of Appeals may adopt, the following procedures will apply to all matters before the Board:

1.

Meetings. Meetings of the Board shall be held at the call of the chair and at other times as the board determines. The chair or, in the chair's absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public and relevant testimony and evidence accepted from all interested parties. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examination and other official actions, all of which shall be filed immediately with the Department of Planning and Zoning and shall be a public record.

2.

Appearance and Practice. An individual may appear in that person's behalf; a member of a partnership may represent the partnership; a bona fide officer or representative of a corporation, trust or association may represent the corporation, trust or association; and an officer or employee of a political subdivision or body or department may represent the political subdivision, body or department. A person, firm or corporation may be represented in any proceedings by an attorney at law admitted to practice before the court of appeals of this State or other authorized representative.

3.

Testimony and Evidence. In addition to the applicant, relevant testimony and evidence either in favor of or in opposition to the applicant may be presented by:

a.

Owners of property within the City.

b.

Taxpayers of the City.

c.

Residents of the City.

d.

Any other persons not identified above whose personal or property interest may be affected specially by the granting or denial of the application.

e.

Representatives of civic or community associations, or of governmental-established groups whose functional or property interest may be affected specially by the granting or denial of the application.

f.

Attorneys and other agents or experts appearing on behalf of those persons listed above.

B.

Communicating With Board Members. A person may not communicate outside of a public hearing or public meeting with any member of the Board of Appeals regarding any matter while the matter is pending. A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding one thousand dollars or imprisonment not exceeding six months or both. Each act of communication in violation of this section is a separate offense.

C.

Construction of Section. As used in this section, the term "applicant" includes a "petitioner" or "appellant" as the case may be, and the other provisions of this section shall be interpreted accordingly in consideration of the type of matter being heard.

(Ord. O-1-04 Revised (part), 2005)

A schedule of fees in connection with applications pursuant to this Zoning Code, including the provision of public notice of any hearings required in connection with such applications (the "Fee Schedule"), shall be established by resolution of the City Council. The current Fee Schedule will be available upon request from the Planning and Zoning Director.

(Ord. O-1-04 Revised (part), 2005)

For the purposes of this Zoning Code and in the furtherance of Annapolis City Code Chapters 17.04 through 17.30, 17.52, 19.08 and 19.12, no use or occupancy shall be made of any structure and no change in use shall be permitted unless and until a use and occupancy permit has been approved by the Planning and Zoning Director in accordance with the provisions of this chapter.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-12-16 Amended, § I, 5-23-2016)

A.

Applicability. A use and occupancy permit shall be obtained from the Planning and Zoning Director before any person shall:

1.

Use or occupy, or permit or cause to be used or occupied, any building erected after the effective date of this Zoning Code.

2.

Change the use or occupancy, or permit or cause a change in the use or occupancy, of any existing building or to make any change in a nonconforming use.

3.

Occupy or use any vacant land.

4.

Enlarge any use with respect to the unit of measurement specified in this Zoning Code as the basis for determining the amount of off-street parking, whether the same is specified in terms of floor area, dwelling units, seats or any other element of size or use.

5.

With the exception of non-multifamily residential units, make any change in ownership of a structure or business.

6.

In accordance with the building code, undertake any new construction or alteration for any structure, and structures undergoing alterations are further governed by the applicable provisions of Section 101.4 of the International Building Code.

B.

Eligible Applicants. No person may submit an application for a use and occupancy permit if that person or if the owner, occupier or tenant of the subject property shall have been issued any pending, unsatisfied, or unpaid citation for any municipal infraction or misdemeanor provided by the City building laws or Zoning Code or Charter or if any such person shall have not completed any remedial or corrective action ordered by any department of the City charged with the enforcement of said laws. For the purposes of this section, a building and/or Zoning Code citation or order pending before any City board, commission, agency or department or before any court shall be considered pending, unsatisfied, unpaid and not completed.

C.

Affidavit of Eligibility. The applicant shall submit with its application for a use and occupancy permit, an affidavit affirming under penalty of perjury that neither the applicant nor any owner, occupier or tenant of the subject property has been issued any pending, unsatisfied or unpaid citation, and that no such person has failed to complete any remedial or corrective action ordered by a department of the City as described in Subsection B of this section.

D.

Waiver. The Director of Planning and Zoning, in consultation with the City Attorney, the Department of Public Works, and the Fire Department, may waive the requirements of the Subsections B and C of this section after the Director makes a written determination that for reasons set forth therein, such a waiver is in the best interest of the City and does not imperil, or prolong an existing peril, to life or property.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-12-16 Amended, § I, 5-23-2016; Ord. No. O-32-21, § I, 10-25-2021)

A.

Application Procedures. All applications for a use and occupancy permit shall be submitted to the Director of Planning and Zoning in accordance with the requirements established by the Director of Planning and Zoning and the following requirements:

1.

An application for a use and occupancy permit may be made in writing and be signed by the property owner or applicant, if not the property owner, attesting to the truth and exactness of all information supplied on the application form provided by the Director of Planning and Zoning.

2.

Application for a use and occupancy permit shall be made at the same time as the application for a building permit and a written request for issuance shall be made to the Director of Planning and Zoning after the completion of the work covered by the building permit.

3.

The Director of Planning and Zoning shall review an application for a use and occupancy permit for the use of vacant land or for a change in the use of land or a building, for a change in a nonconforming use, for the enlargement of a use, or for the continuation of a use.

4.

The Director of Planning and Zoning shall consult with the Department of Public Works and the Fire Department to incorporate, where appropriate, their review and approval into the use requirements set forth in this Chapter 21.12.

B.

Review Procedures. The Director of Planning and Zoning shall inform the applicant in writing of the Director's decision within thirty days of the determination of completeness of the application.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-12-16 Amended, § I, 5-23-2016; Ord. No. O-32-21, § I, 10-25-2021)

A.

The Director of Planning and Zoning shall issue a use and occupancy permit upon finding that the proposed use is in conformity with the provisions of this Zoning Code and all other applicable regulations, and the structure has passed all applicable final inspections by other City departments, including but not limited to building, electrical, mechanical and fire inspections.

B.

A use and occupancy permit may not be issued until after the Department of Public Works, the Department of Planning and Zoning, the Fire Department, and the Health Department, when applicable, have inspected the site and verified that the structures and the site meet City standards and specifications and are in accordance with the approved grading permit and the use requirements set forth in this Chapter 21.12.

C.

In consultation with the departments listed in Subsection B above, the Director of Planning and Zoning may issue a conditional use and occupancy permit that lists specific items that must be completed and a deadline for final inspection. When all conditions receive approval through a final inspection the conditional use and occupancy permit will automatically be issued as a standard use and occupancy permit.

D.

A final location survey shall be submitted by the applicant for a new single dwelling unit prior to a use and occupancy inspection. The final location survey shall be an official surveyor's document that demonstrates the new single dwelling unit was built at the correct location in accordance with the approved grading permit.

E.

Unless a conditional use and occupancy permit is issued in accordance with [Section] 21.12.040.C, grading and building permits, as applicable, shall pass their respective final inspection prior to approving a use and occupancy permit.

F.

Within the time as may be specified in the conditional use and occupancy permit as outlined in [Section] 21.12.040.C and in addition to those requirements, all items specified for grading permits for the conditional use and occupancy approval must be completed, inspected, approved and as-built drawings, prepared by a registered professional engineer, submitted and accepted. Following that approval and acceptance, a maintenance bond will be held for one year at which time a final inspection of the work under the grading permit will be held and if approved, the maintenance bond will be released.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-12-16 Amended, § I, 5-23-2016; Ord. No. O-32-21, § I, 10-25-2021)

Editor's note— Ord. No. O-32-21, § I, adopted Oct. 25, 2021, changed the title of § 21.12.040 from "Review criteria" to read as herein set out.

A use and occupancy permit authorizes and is required for both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect so long as the building or land and the use of the building or land is in full conformity with all applicable provisions of this code and any requirement made pursuant to this code.

(Ord. O-1-04 Revised (part), 2005)

No use and occupancy permit validates any violation of any provision of any law or ordinance. On the final determination and serving of a notice of a violation of any provisions or requirements with respect to any building or land or the use of any building or land, the use and occupancy permit for the use may be declared null and void by the Director of Planning and Zoning, and a new use and occupancy permit shall be required for the building or land.

(Ord. O-1-04 Revised (part), 2005; Ord. No. O-32-21, § I, 10-25-2021)

An appeal of a decision on a use and occupancy permit application must be made to the Board of Appeals in conformance with the provisions of Chapter 21.30.

(Ord. O-1-04 Revised (part), 2005)

A.

Buildings and Structures Located Outside the Historic Overlay District. Pursuant to the requirements of this chapter, the Planning and Zoning Director shall review and decide applications for demolition of all buildings and structures within the following zoning districts:

1.

R2-NC Single-Family Residence Neighborhood Conservation District;

2.

R3-NC Single-Family Residence Neighborhood Conservation District;

3.

R3-NC2 Single-Family Residence Neighborhood Conservation District 2;

4.

R3-R General Residence Neighborhood Revitalization District;

5.

R4-R General Residence Neighborhood Revitalization District;

6.

MX Mixed Use District;

7.

Office and Commercial Design Overlay District.

B.

Buildings and Structures Located in the Historic Overlay District. Any application for demolition of a building or structure located in the historic overlay district is subject to review by the Historic Preservation Commission pursuant to the provisions of Chapter 21.56.

(Ord. O-1-04 Revised (part), 2005)

A.

Application Procedures. Applications for a demolition permit shall be submitted in accordance with the procedures set forth in Chapter 17.12 of the Annapolis City Code.

B.

Posting of Property. Notice must be posted on the property that is the subject of the application in accordance with the requirements in Section 21.10.020(A).

C.

Review of Application. In the review of demolition applications, submitted for review pursuant to the requirements of this chapter, the following procedures shall apply:

1.

Staff Review. The Planning and Zoning Director, after having determined that the submission is complete, may distribute copies of the application to appropriate City departments for review.

2.

Staff Report. Any City department reviewing the application will prepare a staff report on the application and transmit the staff report to the Planning and Zoning Director.

3.

Optional Public Hearing. The Planning and Zoning Director may hold a public hearing within thirty days of submission of a demolition application, if the Director finds the structure proposed for demolition to be significant with respect to the purposes of the zoning district in which the structure is located. Notice of the public hearing must be given by the applicant in accordance with the notice requirements set forth in Section 21.10.020(B) and 21.10.020(C) related uses.

4.

Notice of Decision. The Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-05-06 Amended § 1 (part), 2007: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-19-10, § I, 10-11-2010)

Plans. Applications for demolition pursuant to this chapter shall be accompanied by plans, as required by the Planning and Zoning Director. Applications shall at a minimum show the existing ground area, height and bulk of the building or structure, the building lines in relation to lot lines, plans for any proposed replacement structure and its proposed use, and any other information required by the Director.

(Ord. O-1-04 Revised (part), 2005)

In deciding demolition applications, the Planning and Zoning Director shall make written findings based on the following:

A.

Significance of Structure. The extent of the historic, cultural, archaeological, or architectural significance of the structure proposed for demolition and the value of the structure for its historic, cultural, archaeological, or architectural significance.

B.

Effect on Significant Historic Resources. The extent to which the demolition of the structure will have an adverse effect on resources within a National Register District, if applicable, or other surrounding historic, cultural, archaeological, or architectural resources of significance.

C.

Significance to the Purposes of the Zoning District. The extent to which the loss of the structure would be adverse to the purposes of the zoning district in which the structure is located and would adversely affect the character of the neighborhood and the zoning district.

D.

Relationship to Other Structures. The relationship of the exterior architectural features of the structure proposed for demolition to other structures located in the National Register District, if applicable, or other structures listed on the Maryland Inventory of Historic Places and the extent to which demolition of the structure would impair the relationship with other significant historic, cultural, archaeological, or architectural resources.

E.

Compatibility of Proposed Structure. The general compatibility of any proposed structure, in terms of exterior design, scale, proportion, arrangement, texture, and materials, to the National Register District, if applicable, or to other historic resources in the surrounding area.

F.

Public Benefits. The extent to with the structure is a deterrent to a major improvement program which will be of substantial benefit to the City.

G.

Financial Hardship. The extent to which the retention of the structure would cause financial hardship to the owner.

(Ord. O-1-04 Revised (part), 2005)

Any appeals of a decision of the Planning and Zoning Director pursuant to this chapter must be made to the Board of Appeals in conformance with the provisions of Zoning Code Chapter 21.30.

(Ord. O-1-04 Revised (part), 2005)

A.

Purpose. This chapter establishes a formal process by which applicants may seek interpretations of the Zoning Code to clarify how provisions would be applied to a particular property. This chapter is intended to recognize that, as a practical matter, an administrative interpretation may be required to resolve or clarify how the specific provisions of this code should be interpreted in light of the general and specific purposes for which those provisions were enacted.

B.

Authority. The Planning and Zoning Director, subject to the limitations of this chapter, is authorized to render a decision on the interpretation of the provisions of this Zoning Code as applied to specific cases. This chapter is not intended to add to or change the essential content of this code.

(Ord. O-1-04 Revised (part), 2005)

A.

Applicability. Applications for interpretations may be filed by a property owner or authorized agent of the property owner having need for an interpretation. However, interpretations shall not be given to any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

B.

Application Requirements. Applications for administrative interpretations shall contain at least the following information:

1.

The specific provision or provisions of this code for which an interpretation is sought.

2.

The facts of the specific situation giving rise to the request for an interpretation.

3.

The precise interpretation claimed by the applicant to be correct.

4.

When a use interpretation is sought, a statement of what use permitted under the current zoning classification of the property that the applicant claims either includes the proposed use, or is most similar to, the proposed use.

5.

When a use interpretation is sought, documents, statements, and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.

(Ord. O-1-04 Revised (part), 2005)

A.

An application for an interpretation of the Zoning Code shall be filed and reviewed in accordance with Section 21.10.030 Administrative Procedures for Review of Applications.

B.

If the interpretation that is requested applies to a particular property, notice must be posted on the property that is the subject of the application in accordance with the requirements in Section 21.10.020(A).

C.

Notice of Decision. The Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015)

The following criteria shall govern the Planning and Zoning Director, and the Board of Appeals on appeals from the decision of the Planning and Zoning Director, in issuing decisions on applications seeking interpretations:

A.

Definitions. Any term defined in Chapter 21.72, shall be interpreted as therein defined.

B.

Special Exception. If a proposed use is most similar to a use permitted as a special exception in the district in which it is proposed to be located, then any use interpretation permitting such use shall, depending upon the use, also require approval of a special exception pursuant to the provisions of Chapter 21.26.

C.

Prohibited Uses. Any use listed without a P, P-Std, S, or S-Std designation in the use regulation table for a district shall be interpreted as prohibited in that district.

D.

Uses or Other Zoning District Requirements. All administrative interpretations shall result in interpretations of uses or other zoning district requirements that are substantially the same as other similar provisions applicable in that zoning district and not more similar to the use or other provisions applicable in a different zoning district.

E.

Standards Applicable in Zoning District. No interpretation shall permit a proposed use or other interpretation of a provision applicable in a particular zoning district, unless evidence is presented that demonstrates that the proposed interpretation would result in compliance with the standards established for that particular zoning district.

F.

Purpose. No decision on an application for administrative interpretation shall result in an interpretation that would be inconsistent with the stated purposes of the district and of the Zoning Code.

(Ord. O-1-04 Revised (part), 2005)

A.

Other Required Approvals. A decision approving the interpretation proposed in the application for administrative interpretation shall not authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure. It shall merely authorize the preparation, filing, and processing of applications for any approvals and permits that may be required by this Zoning Code.

B.

Limitation on Administrative Interpretation. A decision finding a particular use to be permitted as of right or as a special exception shall be deemed to authorize only the particular use for which the interpretation is issued, and such interpretation shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued.

(Ord. O-1-04 Revised (part), 2005)

Appeals from decisions rendered by the Planning and Zoning Director may be made by any aggrieved person to the Board of Appeals in accordance with the provisions of Chapter 21.30.

(Ord. O-1-04 Revised (part), 2005)

The Planning and Zoning Director is authorized to determine and make administrative adjustments of this Zoning Code in harmony with their general purpose and intent, only in the specific instances set forth in this Zoning Code, where the Director makes findings of fact in accordance with the standards prescribed in this chapter; and finds that there are practical difficulties in carrying out the regulations of this Zoning Code.

(Ord. O-1-04 Revised (part), 2005)

A.

Application Procedures. All applications for administrative adjustments shall be filed with the Planning and Zoning Director in accordance with the requirements of Section 21.10.010 Common Procedures for Review of Applications.

B.

Posting of Property. Notice must be posted on the property that is the subject of the application in accordance with the requirements in Section 21.10.020(A).

C.

Review Procedures. In the review and decision of administrative adjustment applications, the following procedures shall apply:

1.

Staff Review. The Planning and Zoning Director, after having determined that the submission is complete, may distribute copies of the application to appropriate City departments for review.

2.

Staff Report. Any City department reviewing the application will prepare a staff report on the application and transmit the staff report to the Planning and Zoning Director prior to the public hearing on the application.

3.

Optional Public Hearing. The Planning and Zoning Director shall hold a public hearing on each application if an objection to the application is raised. Notice of any public hearing must be given by the applicant in accordance with the notice requirements set forth in Section 21.10.020(B) and 21.10.020(C).

4.

Action on Application. Within thirty days of the conclusion of the public hearing, the Planning and Zoning Director shall decide to: (1) approve the application; (2) approve the application subject to specific conditions; or (3) deny the application. The Planning and Zoning Director's decision shall be based on written findings of fact and may impose such conditions or restrictions upon the premises benefited by an administrative adjustment as may be necessary to comply with the standards established in this chapter and the purposes of this Zoning Code.

5.

Notice of Decision. The Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015)

A.

Administrative adjustments from the regulations of this Zoning Code may be granted by the Planning and Zoning Director only in accordance with the criteria established in this Chapter, and may be granted only for the following:

1.

Setbacks. To permit any yard or setback of up to twenty percent less than a yard or a setback required by the applicable regulations.

2.

Parking. To increase by not more than twenty percent the maximum distance that required parking spaces are permitted to be located from the use served.

3.

Lot Coverage. To increase by not more than twenty percent the lot coverage restrictions, except that administrative adjustments of lot coverage restrictions shall not be permitted in the Critical Area Overlay District.

4.

Fences and Walls. To permit certain fences and walls an additional height allowance of up to four feet above the standard maximum height limit specified in Section 21.60.070.

5.

Specific Zoning District Provisions. The zoning district provisions applicable to specific zoning districts, as provided in Division III, may authorize other permitted administrative adjustments. In Chapter 21.54, Critical Area Overlay, these adjustments are referred to as administrative variances.

B.

The Director of Planning and Zoning may not approve administrative adjustments in the R1, Single-Family Residence District when the minimum lot width and area requirements for the affected property are not met.

(Ord. O-23-05 Revised § 1 (part), 2006: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-19-10, § I, 10-11-2010; Ord. No. O-47-11 Amended, § I, 10-28-2013; Ord. No. O-19-18, § I, 11-19-2018)

The Planning and Zoning Director shall not grant an administrative adjustment of the regulations of this Zoning Code unless the Director makes findings based upon the evidence presented in each specific case that:

A.

Practical Difficulties. The particular physical surroundings, shape or topographical conditions of the specific property involved result in practical difficulties for the owner, which have not been created by any persons having an interest in the property.

B.

Unique Conditions. The conditions upon which an application for an adjustment is based are unique to the property for which the administrative adjustment is sought, and are not applicable, generally, to other property within the same zoning classification.

C.

Public Safety and Welfare. The granting of the adjustment will not be detrimental to the public safety or welfare or injurious to other property or improvements in the neighborhood in which the property is located.

D.

Transportation Plan. In the case of an adjustment to the maximum distance that required parking spaces are permitted to be located from the use served, that the adjustment will be in support of a transportation plan adopted by the City Council.

(Ord. O-1-04 Revised (part), 2005)

No decision of the Planning and Zoning Director granting an administrative adjustment shall be valid for a period longer than one year from the date of the order, unless the building permit is obtained within that period and the erection or alteration of a building is started or the use is commenced within that period. However, the Planning and Zoning Director may, upon a showing of good cause, grant one six-month extension of an administrative adjustment, provided that a written application for each extension is filed while the decision is still valid.

(Ord. O-1-04 Revised (part), 2005)

Any appeals of a decision of the Planning and Zoning Director must be made to the Board of Appeals in conformance with the provisions of Chapter 21.30.

(Ord. O-1-04 Revised (part), 2005)

Where a zoning district boundary divides a tract in single ownership, the Board of Appeals, in accordance with the procedures below, may approve an application to extend the zoning district regulations for the majority of the tract to any contiguous portion of the tract.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-35-17, § I, 10-23-2017)

Editor's note— Section II of Ord. No. O-35-17, adopted Oct. 23, 2017 states "Any development applications submitted prior to the effective date of this ordinance but not yet approved shall be evaluated and approved based on the Title 20 and Title 21 chapters as they existed at the time the application was submitted to Planning and Zoning; and development applications submitted after the effective date of this ordinance shall be governed by Title 20 and Title 21 as amended by this ordinance.

A.

Application Procedures. All applications for zoning district boundary adjustments shall be filed with the Planning and Zoning Director in accordance with the requirements of Section 21.10.010 Common Procedures for Review of Applications.

B.

Review Procedures. In the review and decision of applications for zoning district boundary adjustments, the following procedures shall apply:

1.

Staff Review. The Planning and Zoning Director, after having determined that the submission is complete, may distribute copies of the application to appropriate City departments for review.

2.

Staff Report. The Planning and Zoning Director, prior to the required public hearing on the application, will prepare a staff report on the application and transmit the staff report to the Board of Appeals.

3.

Public Hearing. The Board of Appeals shall hold a public hearing on the application. Notice of the application must be given by the applicant in accordance with the notice requirements set forth in Section 21.10.020(B) and 21.10.020(C).

4.

Action on Application. Within thirty days of the conclusion of any public hearing or of receipt of the application by the Board of Appeals if no public hearing is held, the Board of Appeals shall decide to: (1) approve the application; (2) approve the application subject to specific conditions; or (3) deny the application. The Board of Appeals may impose such conditions or restrictions upon the premises benefited by a zoning district boundary adjustment as may be necessary to comply with the standards established in this chapter and the purposes of this Zoning Code.

5.

Notice of Decision. Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015)

The Board of Appeals may grant a zoning district boundary adjustment based upon the following findings:

A.

Unique Conditions. Owing to conditions peculiar to the property and not because of any action taken by the applicant, a literal enforcement of the zoning law would result in practical difficulty as specified in the zoning law.

B.

Public Welfare and Safety. The granting of the district boundary adjustment will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

C.

Surrounding Properties. If a specific use is proposed, the applicant shall demonstrate that the proposed use will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values with the neighborhood. If a specific use is not proposed, the applicant shall demonstrate the suitability of the property in question to the uses permitted under the proposed zoning classification.

D.

Property Size. The granting of a zoning district boundary adjustment shall be limited to parcels of one acre or less in size.

E.

Location. The zoning district boundary adjustment is for a property located in Ward 8.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-26-17, § I, 10-23-2017; Ord. No. O-19-18, § I, 11-19-2018)

An appeal from a decision of the Board of Appeals under this chapter shall be made to the Circuit Court of Maryland for Anne Arundel County pursuant to Maryland Rules, Title 7, Chapter 200 or its successors. Alternatively, applicants may apply for a zoning map amendment pursuant to the provisions of Chapter 21.34.

(Ord. O-1-04 Revised (part), 2005)

The purpose of this chapter is to ensure that property is developed with sound planning and design principles while allowing flexibility of design. The intent is to ensure reasonable consideration of, among other things, the character of the area in which a property is located, the desire to enhance the value of buildings and encourage orderly development, and the relationship between the built and natural environments. It is the further intent of this chapter that the required site design plan will be reviewed in conjunction with plans required by other chapters of this Zoning Code to ensure a thorough, coordinated and timely review of development proposals by and among the appropriate City departments.

(Ord. O-1-04 Revised (part), 2005)

A.

Applicability. A site design plan application shall be required for:

1.

All new developments, construction, enlargement or alteration of any building, other than a single-family or two-family dwelling, and other than development approved as part of a planned development pursuant to the provisions of Chapter 21.24.

2.

All new developments, enlargements and alteration on sites located in the Critical Area Overlay District pursuant to Chapter 21.54, except for activities associated with single-family or two-family dwellings.

3.

Any modification of a previously approved site design plan deemed to be a major modification by the Planning and Zoning Director.

4.

All subdivisions not specified under Annapolis City Code Section 20.08.030; provided, however, review shall be limited to the criteria and standards in Section 21.22.080 and any other standards applicable in the zoning district.

B.

Classification of Minor and Major Site Design Plans. For the purposes of this chapter, the following classifications shall apply:

1.

"Major site design plan" means a site design plan which involves new construction, alterations or renovations resulting in an increase of greater than twenty percent of the gross floor area of the buildings, or where the number of parking spaces is increased by more than twenty percent.

2.

"Minor site design plan" means any site design plan that is not a major site design plan.

(Ord. O-1-04 Revised (part), 2005)

All site design plans must be prepared by a registered architect, licensed landscape architect, licensed land surveyor, and/or professional engineer. Plans may be submitted in two stages as follows:

A.

Preliminary Plan. A preliminary plan shall meet all requirements listed on application forms prescribed by the Planning and Zoning Director.

B.

Final Plan. A final plan shall meet the requirements all requirements listed on application forms prescribed by the Planning and Zoning Director.

(Ord. O-1-04 Revised (part), 2005)

A.

Request for Waiver. Upon request by an applicant, and depending upon the size, scope and potential impacts of a proposed development or activity, the Planning and Zoning Director may waive the requirement for submission of a preliminary plan or other major site design plan application submission requirements. If the Planning and Zoning Director waives the requirement for a preliminary plan, the Director may require that any information required to be shown on that plan be shown on subsequent plans submitted by the applicant.

B.

Decision on Waiver. In deciding whether to grant requested waivers, the Planning and Zoning Director will consider any special conditions peculiar to a site and whether information required is inappropriate or unnecessary. The Planning and Zoning Director may waive submission requirements if the Director finds that the waiver will not be detrimental to the public health, safety, or general welfare or have the effect of nullifying the intent and purpose of the site design plan submission, the Comprehensive Plan, or this chapter; and that the application materials to be provided are adequate to make the required findings based on the criteria set forth below in Section 21.22.080.

(Ord. O-1-04 Revised (part), 2005)

A.

Application Procedures. Applications for major site design plan review shall be referred to the Planning Commission for a public hearing. Such applications shall comply with the requirements of Section 21.10.010 Common Procedures for Review of Applications, including a pre-application conference with the Planning and Zoning Director in accordance with the requirements of Section 21.10.010(A) and a community meeting in accordance with Section 21.10.010(B).

B.

Review Procedures for Major Site Design Plan Applications. In the review and decision of major site design review applications, the following procedures shall apply:

1.

Review of Preliminary or Final Site Design Plan. The Planning and Zoning Director will review any required preliminary plan submitted in connection with major site design plan applications. The Planning and Zoning Director will respond to the applicant with written comments on the preliminary plan within thirty days of the determination of completeness of the submission.

2.

Staff Review. The Planning and Zoning Director, after having determined that the submission is complete, may distribute copies of the preliminary plan or final plan to appropriate City departments for review. Within fifteen days of receipt of any preliminary or final major site design plan, any City department reviewing the application will prepare a staff report on the application and transmit the staff report to the Director of Planning and Zoning.

3.

Posting of Property. Notice must be posted on the property that is the subject of the application in accordance with the requirements in Section 21.10.020(A).

4.

Optional Public Meeting on Preliminary or Final Plan. The Planning and Zoning Director may hold a public meeting for the review of the preliminary or final site design plan if he finds that it is in the public interest to do so. The Planning and Zoning Director may hold a work session if he finds that it is in the public interest to do so or if he finds that it will assist the Planning and Zoning Department in its review of the application. The Planning Commission may hold a work session prior to a public hearing on an application if the chairperson of the Planning Commission deems it necessary to assist it in its understanding of the application, notice of a public meeting or work session shall be in accordance with Section 21.10.020(D).

5.

Public Hearing. The Planning Commission shall schedule and hold a public hearing on the complete preliminary or final site design plan. The applicant shall give notice of the hearing in accordance with the notice requirements of Section 21.10.020(B) and 21.10.020(C) and any other requirements established by the Planning Commission.

6.

Decision on Preliminary or Final Plan. Any staff reports received by the Planning Commission shall be considered at the public hearing. Within forty-five days after the conclusion of the public hearing, the Planning Commission shall decide to: (1) approve the application; (2) approve the application subject to specific conditions; or (3) deny the application, and issue a written opinion containing findings and conclusions.

7.

Notice of Decision. The Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-35-17, § I, 10-23-2017)

Editor's note— Section II of Ord. No. O-35-17, adopted Oct. 23, 2017 states "Any development applications submitted prior to the effective date of this ordinance but not yet approved shall be evaluated and approved based on the Title 20 and Title 21 chapters as they existed at the time the application was submitted to Planning and Zoning; and development applications submitted after the effective date of this ordinance shall be governed by Title 20 and Title 21 as amended by this ordinance.

A.

Application Procedures. Applications for minor site design plans shall be decided by the Planning and Zoning Director. All applications for minor site design review must be submitted in accordance with the requirements of Section 21.10.010 Common Procedures for Review of Applications.

B.

Review Procedures for Minor Site Design Plans. In the review of minor site design plan applications, the following procedures shall apply:

1.

Review of Preliminary Plan. In the case of a preliminary plan submission, the Planning and Zoning Director will respond to the applicant within ten days of the determination of completeness of the submission.

2.

Staff and Report. The Planning and Zoning Director, after having determined that the preliminary plan or final plan submission is complete, may distribute copies of the preliminary plan or final plan to the appropriate City departments for review. Within ten days of receipt of any preliminary or final minor site design plan, any City department reviewing the application will prepare a staff report on the application and transmit the staff report to the Planning and Zoning Director.

3.

Posting of Property. Notice must be posted on the property that is the subject of the application in accordance with the requirements in Section 21.10.020(A).

4.

Optional Planning Director Public Meeting. If the Planning and Zoning Director deems necessary, the Director may hold a public meeting for the review of the preliminary or final minor site design plan. Notice of the public meeting scheduled by the Planning and Zoning Director must be given by the applicant in accordance with the notice requirements set forth in Section 21.10.020(B) and 21.10.020(D).

5.

Review and Decision on Preliminary and Final Plan. The Planning and Zoning Director shall review, approve, approve subject to modifications or disapprove the preliminary or final site design plan within thirty days from the date of the close of any public meeting on the application; or if no public meeting is held, within thirty days of the determination of completeness of the preliminary or final minor site design plan application.

6.

Notice of Decision. The Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015)

The decision of the Planning and Zoning Director shall be based on findings with respect to the following:

A.

District Standards. The proposed design plan meets all of the requirements of the zoning district in which it is located, including but not limited to the site design standards set forth in Chapter 21.62

B.

Design. The proposed design is in harmony with the character of the surrounding neighborhood and consistent with the Comprehensive Plan and achieves a maximum of compatibility, safety, efficiency, and attractiveness.

C.

Compatibility. Each improvement, building and/or use is compatible with other uses and with existing and proposed developments on adjacent land.

D.

Minimize Adverse Impacts. The proposed structures are sited in order to minimize any adverse impact upon the surrounding area by reason of: building location, height, bulk, shadows; location, intensity, direction and times of use of outdoor lighting or other similar characteristics.

E.

Building Locations. The proposed locations of the buildings and structures, open spaces, landscape elements, and pedestrian and vehicular circulation systems are adequate, safe, and efficient.

F.

Natural Features. The proposed design results in minimal modification of existing geological and topographic features where practicable.

G.

Slopes and Soils. The proposed design minimizes degradation of unique or sensitive lands, such as steep slopes or highly erodible soils.

H.

Critical Area. The proposed design minimizes adverse impacts to resources in the Critical Area Overlay District, such as streams, wetlands, areas of aquifer recharge and discharge, areas with a high water table, mature stands of trees and wildlife habitat.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-19-13 Amended, § I, 10-28-2013)

A.

Expiration. A site design plan approval shall expire within one year of the date of final site design approval if a building permit is not obtained prior to expiration. If substantial site development has not commenced within a period of three years of the date of final site design plan approval, or in the case of larger developments, each phase of the project as indicated on the site design plan, the site design plan approval shall expire. This represents a total timeframe of three years.

B.

Extension. If an extension is requested prior to the expiration of a site design plan approval, at the discretion of the Planning and Zoning Director, a site design plan approval may be extended by the Director for a period not to exceed one year.

(Ord. O-1-04 Revised (part), 2005)

Following approval of a major or minor site design plan, the Planning and Zoning Director is responsible for enforcement to ensure compliance with approved site design plans as follows:

A.

Signature of Final Plan. The final site design plan shall be signed as follows:

1.

The final site design plan shall be signed by the applicant agreeing to execute all the features and requirements that are part of the site design plan.

2.

The site design plan shall be signed by the Planning and Zoning Director or his or her assignee certifying the date of the Director's or the Planning Commission's approval of the final site design plan. The final site design plan shall be forwarded to the appropriate agencies and departments for reference in issuing building permits and use and occupancy permits.

C.

Permits Issued in Compliance with Approved Site Design Plan. No use and occupancy permit shall be issued for any building or activity requiring site design plan approval, except in conformance with an approved site design plan.

D.

Posting of Surety. The Planning and Zoning Director may require that an applicant post adequate surety consisting of a letter of credit, bond, cash or certified check in an amount no less than the estimated cost of the improvements and of a duration to assure that all planting and other improvements as required by the approved site design plan shall be installed in accordance with the standards and specifications of the approved site design plan.

E.

Noncompliance. If the Planning and Zoning Director determines that a site has not been developed in accordance with an approved site design plan, the Director may:

1.

Issue an order stopping all site development work pending the submittal and approval of a new site design plan, provided that determination is made prior to the time of final site inspection; or

2.

Withhold the use and occupancy permit(s) for building(s) on the site, provided that the determination is made at the time of final site inspection.

(Ord. O-1-04 Revised (part), 2005)

Approved site design plans may be modified as follows:

A.

Minor Modifications. The Planning and Zoning Director may authorize minor adjustments in an approved plan as follows:

1.

Minor modification of the size and location of drainage ways, sewers, roadways, planting or other similar features, in light of technical or engineering considerations.

2.

Minor modifications of the bulk of any proposed structure provided that the modified dimensions comply with all requirements of the applicable zoning district and do not allow buildings closer to property lines or otherwise adversely affect neighboring properties or the development authorized by the plan as originally approved.

3.

Any request for a modification of any condition imposed in a site design plan approval, which is deemed by the Planning and Zoning Director to be a minor modification.

B.

Modifications to Allow Accessory Uses and Structures. The Planning and Zoning Director may authorize the development of accessory uses or structures as a minor modification to an approved site design plan as follows:

1.

A proposed accessory use or structure may be found to be a minor modification if the accessory use or structure will not adversely affect neighboring properties or the development authorized by the plan as approved and is compliance with all other applicable Zoning Code provisions.

2.

Prior to making a determination regarding whether the proposed accessory use or structure constitutes a minor modification, the Planning and Zoning Director shall require notice to abutting property owners, pursuant to the requirements of Section 21.10.020(B).

3.

If the Planning and Zoning Director deems necessary, the Director shall provide written notification, at the applicant's expense, to the applicant and abutting property owners of the Director's decision to allow an accessory use or structure as a minor modification.

4.

An appeal of the Planning and Zoning Director's decision with respect to any minor modification may be made to the Board of Appeals in accordance with the procedures of Chapter 21.30.

C.

Major Modifications. Modifications to any approved site design plan that the Planning and Zoning Director deems to be a major modification may be approved only in accordance with the procedures required for original plan approval, subject to waivers of plan submission requirements by the Planning and Zoning Director.

(Ord. O-1-04 Revised (part), 2005)

A.

Any appeals of a decision of the Planning and Zoning Director must be made to the Board of Appeals in conformance with the provisions of Chapter 21.30.

B.

An appeal from a decision of the Planning Commission under this chapter shall be made to the Circuit Court of Maryland for Anne Arundel County.

1.

Notice of the appeal shall be provided to the Director of Planning and Zoning at least five calendar days before the appeal is filed with the court.

2.

An appeal filed pursuant to this section does not stay the action from which the appeal is taken unless provided by State law or an order entered by a court of competent jurisdiction.

(Ord. O-1-04 Revised, 2005; Ord. No. O-35-17, § I, 10-23-2017; Ord. No. O-33-24, § I, 6-9-2025)

Editor's note— Section II of Ord. No. O-35-17, adopted Oct. 23, 2017 states "Any development applications submitted prior to the effective date of this ordinance but not yet approved shall be evaluated and approved based on the Title 20 and Title 21 chapters as they existed at the time the application was submitted to Planning and Zoning; and development applications submitted after the effective date of this ordinance shall be governed by Title 20 and Title 21 as amended by this ordinance.

A.

Purposes. The purposes of planned developments are as follows:

1.

To allow greater flexibility in order to encourage more creative design for the development of land than is generally possible under conventional zoning district regulations.

2.

To promote orderly and thorough planning and review procedures that will result in quality design and counteract the negative effects of monotonous design.

3.

To allow the grouping of buildings and a mix of land uses with an integrated design and a coordinated physical plan.

4.

To promote development in a manner that protects significant natural resources and integrates natural open spaces into the design of a development project.

5.

To encourage a design that takes into account the natural characteristics of the site in the placement of structures.

6.

To promote development that is consistent with the goals of the Comprehensive Plan.

B.

Types of Planned Developments, Where Permitted.

1.

There are three types of planned developments: residential planned developments, business planned developments, and special mixed planned developments.

2.

Planned developments may be permitted only where listed in the use tables for specific zoning districts in Chapter 21.48 of this Zoning Code.

C.

Authority to Approve. The Planning Commission is authorized to decide applications for planned developments.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012)

A.

Residential Planned Development.

1.

Except for uses specifically prohibited by the Zoning Code in the district that is the subject of the application, a residential planned development may consist of the following uses:

a.

Uses that are allowed as permitted uses, uses subject to standards or special exception uses in any residential district, which uses are allowed as permitted uses if included within and approved as part of a residential planned development.

b.

Up to ten percent of the ground area or gross floor area of a residential planned development may consist of uses that are allowed as permitted uses or as uses subject to standards in the B1 District.

2.

No more than thirty percent of the ground area or of the gross floor area of the development may be devoted to planned development uses.

B.

Business Planned Development.

1.

Except for uses specifically prohibited by the Zoning Code in the district that is the subject of the application, a business planned development may consist of the following uses:

a.

All uses allowed as a permitted use, use subject to standards, or special exception use in the zoning district in which the business planned development is located, which uses are allowed as permitted uses if included within and approved as part of a business planned development.

b.

For business planned developments located in the B1, B2, B3, BCE, P, and MX districts, a business planned development may include all uses allowed in any residential district as a permitted use, use subject to standards, or as a special exception.

2.

No more than fifteen percent of the ground area or of the gross floor area of the development may be devoted to planned development uses.

C.

Special Mixed Planned Development.

1.

Except for uses specifically prohibited by the Zoning Code in the district that is the subject of the application, a special mixed planned development may consist of all uses allowed as a permitted use, use subject to standards, or as a special exception in any zoning district, which uses are allowed as permitted uses if included within and approved as part of a special mixed planned development.

2.

No more than thirty percent of the ground area or of the gross floor area of the development may be devoted to planned development uses.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-11 Amended, § I, 2-13-2012)

Proposed phases of the planned development must be designed so that no separate building or structure designed or intended to be used, in whole or in part, for business purposes as a planned development use within a residential planned development may be constructed prior to the issuance of building permits for at least ten percent of the dwelling units proposed in the planned development plan.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-11 Amended, § I, 2-13-2012)

A.

Area of Residential Planned Development. Parcels developed as residential planned developments must be of sufficient area to establish ten dwelling units in the R1 and R1A zoning districts or five dwelling units in other zoning districts. For purposes of this subsection, area of parcel shall be determined in accordance with the provisions of Section 21.24.050(B).

B.

Area of Business or Special Mixed Planned Development. There is no minimum area requirement for parcels developed as business or special mixed planned development.

(Ord. O-1-04 Revised (part), 2005)

A.

Bulk Standards. The Planning Commission may adjust bulk standards, other than height, that are otherwise applicable in the zoning district, with the following exception: a twenty-percent increase in the height limit or other bulk standards shall be allowed for low income housing developed pursuant to Section 42 of the Federal Internal Revenue Code, and that meets the criteria of the Federal Low Income Housing Tax Credit Program.

B.

Density Standards. The following density standards shall apply to planned developments:

1.

In a residential planned development, the maximum number of dwelling units may not exceed the number of units determined by dividing the gross development area by the minimum lot area per dwelling unit (or per dwelling unit type if a mix of units is proposed) required by the district or districts in which the development is located. Gross development area shall be the area of the zoning lot as a whole. The area of land set aside for common open space or recreational use may be included in determining the number of dwelling units permitted. If the gross development area of the property includes property within the Resource Conservation Area of the Critical Area Overlay, density shall be determined, as per Section 20.24.130(G) and (H).

2.

In a business or special mixed planned development, the maximum number of dwelling units may not exceed the number of units determined by dividing the gross residential development area by the minimum lot area per dwelling unit required by the R4 district.

(Ord. O-10-05 § 1 (part), 2005: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-6-20, § I, 4-27-2020)

Planned developments shall provide for common open space as follows:

A.

Common open space may include parks, playgrounds, parkways, medians, landscaped green space, schools, community centers or other similar areas in public ownership or covered by an open space easement or controlled by a homeowners association.

B.

The area of common open space provided shall be equivalent to twenty percent of the total ground area in residential planned developments and five percent of the total ground area in business and special mixed planned developments.

C.

Planned development applications shall include provisions for the ownership, conservation, and maintenance of the common open space.

(Ord. O-1-04 Revised (part), 2005)

A.

Application Procedures. All planned development applications shall be submitted to the Planning and Zoning Director in accordance with the requirements of Section 21.10.010 Common Procedures for Review of Applications, which shall include the written summary of community meetings held in connection with a pre-application conference in accordance with the requirements of Section 21.10.010(A) and an application community meeting in accordance with Section 21.10.010(B). Applications shall be submitted on forms provided by the Planning and Zoning Director and accompanied by any required fees, preliminary or final plans or other required submittals.

B.

Application Options. An applicant may elect one of the following procedural options:

1.

An applicant may submit a preliminary plan for informal review by the Planning and Zoning Director and other City departments the Director deems appropriate, prior to the submission of a final planned development application.

2.

An applicant may submit a preliminary plan for formal review and decision by the Planning Commission.

3.

An applicant may elect to submit only a complete final planned development application.

C.

Review of Preliminary Planned Development Plans. The following procedures shall apply to the review of preliminary planned development plans.

1.

Staff Review. The Planning and Zoning Director may distribute copies of a preliminary plan for review by the appropriate City departments.

2.

Staff Comments on Preliminary Plan. Following review of any preliminary plan, the Planning and Zoning Director and any other City department reviewing the preliminary plan will provide the applicant with any written comments prepared in connection with the review of the preliminary plan and will transmit a copy of any written comments to the Planning Commission.

3.

Optional Work Session or Public Meeting. If the Planning and Zoning Director deems necessary, the Director or the Planning Commission may hold a work session or public meeting for the review of the preliminary plan. Notice of the work session or public meeting must be given by the applicant in accordance with the notice requirements set forth in Section 21.10.020(D).

4.

Public Hearing. If the applicant requests action on a preliminary plan by the Planning Commission, the Planning Commission shall schedule and hold a public hearing on a preliminary planned development application. The applicant shall give notice of the hearing in accordance with the notice requirements set forth in Section 21.10.020(B) and 21.10.020(C) and any other requirements established by the Planning Commission.

5.

Decision on Preliminary Plan. Within thirty days of the conclusion of the public hearing, the Planning Commission shall decide to: (1) approve the preliminary plan; (2) approve the preliminary plan subject to specific conditions; or (3) deny the preliminary plan.

D.

Review of Final Plans and Application.

1.

Staff Review. The Planning and Zoning Director shall distribute copies of a final planned development application to appropriate City departments for review after having determined that the submission is complete.

2.

Staff Report. Following review of any complete final planned development application, the Planning and Zoning Director and any other City department reviewing the application will prepare a staff report on the final planned development application and transmit the staff report to the Planning Commission prior to the required Planning Commission public hearing on the application.

3.

Public Hearing. The Planning Commission shall schedule and hold a public hearing on the complete final planned development application. The applicant shall give notice of the hearing in accordance with the notice requirements set forth in Section 21.10.020(B) and 21.10.020(C) and any other requirements established by the Planning Commission.

4.

Decision on Final Plan and Application. Any staff reports received by the Planning Commission will be considered at the public hearing. Within thirty days of the conclusion of the public hearing, the Planning Commission shall decide to: (1) approve the application; (2) approve the application subject to specific conditions; or (3) deny the application.

5.

Notice of Decision. The Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-35-17, § I, 10-23-2017)

Editor's note— Section II of Ord. No. O-35-17, adopted Oct. 23, 2017 states "Any development applications submitted prior to the effective date of this ordinance but not yet approved shall be evaluated and approved based on the Title 20 and Title 21 chapters as they existed at the time the application was submitted to Planning and Zoning; and development applications submitted after the effective date of this ordinance shall be governed by Title 20 and Title 21 as amended by this ordinance.

The Planning Commission may authorize reductions in the right-of-way width and paving width based on the following findings:

A.

The proposed width will promote the public welfare and will not endanger public safety.

B.

The proposed width will not impede normal and orderly development and improvement of surrounding property.

C.

The proposed width will not impair the provision of adequate ingress, egress and access within the planned development.

D.

The proposed width of right-of-way has been approved by the Department of Public Works, the Fire Department or other appropriate City agencies.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-11 Amended, § I, 2-13-2012)

In deciding planned development applications the Planning Commission shall make written findings based on the following:

A.

The planned development is compatible with the character of the surrounding neighborhood and consistent with the Comprehensive Plan and the purposes of planned developments.

B.

The proposed locations of buildings, structures, open spaces, landscape elements, and pedestrian and vehicular circulation systems are adequate, safe, and efficient and designed to minimize any adverse impact upon the surrounding area.

C.

The planned development will promote high quality design and will not result in greater adverse impacts to the surrounding area compared to the development that may otherwise be permitted pursuant to the Zoning Code if a planned development were not approved.

D.

The planned development complies with the planned development use standards and bulk and density standards.

E.

The planned development complies with the Site Design Plan Review criteria provided in Section 21.22.080.

F.

The planned development plan includes adequate provision of public facilities and the proposed infrastructure, utilities and all other proposed facilities are adequate to serve the planned development and adequately interconnect with existing public facilities.

G.

The planned development complies with Chapter 21.71 of the Annapolis City Code.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-19-13 Amended, § I, 10-28-2013; Ord. No. O-22-16 Amended, § I, 9-26-2016)

The applicant shall annually submit to the Planning and Zoning Director a revised schedule of the estimated timing of the various stages of development and construction of the planned development.

(Ord. O-1-04 Revised (part), 2005)

A.

Expiration.

1.

A preliminary planned development approval shall expire one year from the date of final approval if the applicant has not submitted a final planned development application prior to that date.

2.

A final planned development approval shall expire two years from the date final approval if a building permit is not obtained prior to that date. If substantial site development has not commenced within a period of three years from the date of final approval, or in the case of larger developments, for each phase of the project indicated on the planned development plan, the planned development approval shall expire.

B.

Extension. If an extension is requested prior to the expiration of a preliminary or final planned development approval, the Planning and Zoning Director may extend a preliminary or final planned development approval, and the corresponding expiration dates in Subsection A. above, for up to three years from the date or dates on which the approval would otherwise have expired, subject to the notification requirements of Section 21.10.020A.

C.

Abandonment. If, within any continuous three year period after approval of a planned development, no building permits are issued for that planned development, then that planned development shall be deemed to be abandoned.

D.

Abandoned or Expired Planned Developments. Abandoned or Expired Planned Developments. In the event that a planned development is abandoned or expires, no building permits shall be issued for the planned development unless it is determined by the Planning and Zoning Director that the planned development is consistent with the Comprehensive Plan and all other requirements of this title. Should the Planning and Zoning Director decline to make a determination that an abandoned or expired planned development is consistent with the Comprehensive Plan and all other requirements of this title, the abandoned or expired planned development may be reinstated in the same manner as a new planned development.

E.

Conditions. Any conditions of approval related to those phases of the planned development which were complete prior to the abandonment of the planned development shall remain in full effect and shall be enforceable.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012)

Approved planned development plans may be modified as follows:

A.

Minor Modifications. The Planning and Zoning Director may authorize minor adjustments in an approved planned development plans as follows:

1.

Minor modifications of the size and location of drainage ways, sewers, roadways, landscape elements or other similar features, in light of technical or engineering considerations.

2.

Minor modifications of the bulk of structures provided that the modified dimensions comply with all requirements of the applicable zoning district and do not allow buildings closer to property lines or otherwise adversely affect neighboring properties or the development authorized by the plan as originally approved.

3.

Any request for modification of any condition imposed on a planned development, which is deemed by the Planning Director to be a minor modification.

B.

Modifications to Allow Accessory Uses and Structures. The Planning and Zoning Director may authorize the development of accessory uses or structures as a minor modification to an approved residential planned development plan as follows:

1.

A proposed accessory use or structure may be found to be a minor modification if the accessory use or structure will not adversely affect neighboring properties or the development authorized by the plan as approved and is compliance with all other applicable Zoning Code provisions.

2.

Prior to making a determination regarding whether the proposed accessory use or structure constitutes a minor modification, the Planning and Zoning Director shall require notice to abutting property owners, pursuant to the requirements of Section 21.10.020.

3.

The Planning and Zoning Director shall provide written notification, at the applicant's expense, to the applicant and abutting property owners of the Director's decision to allow an accessory use or structure as a minor modification.

4.

An appeal of the Planning and Zoning Director's decision with respect to any minor modification may be made to the Board of Appeals in accordance with the procedures of Chapter 21.30.

C.

Major Modifications. Modifications to any approved planned development plan that the Planning and Zoning Director deems to be a major modification may be approved only in accordance with the procedures required for original plan approval, subject to waivers of plan submission requirements by the Planning and Zoning Director.

(Ord. O-1-04 Revised (part), 2005)

Appeal of Planning Commission Decision.

1.

An appeal from a decision of the Planning Commission under this chapter shall be made to the Circuit Court for Anne Arundel County.

2.

Notice of the appeal shall be provided to the Director of Planning and Zoning at least five calendar days before the appeal is filed with the court.

3.

An appeal filed pursuant to this section does not stay the action from which the appeal is taken unless provided by State law or an order entered by a court of competent jurisdiction

(Ord. O-1-04 Revised, 2005; Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-33-24, § I, 6-9-2025)

A special exception may be granted for a use that the Zoning Code specifically authorizes in a zoning district as being allowed by special exception. In general, special exception uses may be compatible with the purposes of the zoning district in which they are to be located, but may have the potential to result in adverse impacts upon the immediate neighborhood. The process for review of special exception applications is designed to address such adverse impacts and minimize them where possible. A special exception requires a careful review of its location, design, configuration and special impact to determine, against specific standards, the desirability of permitting its establishment on a particular site.

(Ord. O-1-04 Revised (part), 2005)

A person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use the land for one or more of the special exceptions provided for in this Zoning Code in the zoning district in which the land is located.

(Ord. O-1-04 Revised (part), 2005)

A.

Application Procedures. All applications for special exceptions shall be filed with the Planning and Zoning Director in accordance with the requirements of Section 21.10.010 Common Procedures for Review of Applications.

B.

Review Procedures for Special Exception Applications. In the review and decision of special exception applications, the following procedures shall apply:

1.

Staff Review. The Planning and Zoning Director, after having determined that the submission is complete pursuant to Section 21.10.010, may distribute copies of the application to appropriate City departments for review.

2.

Staff Report. Following review of any special exception application, the Planning and Zoning Director and any other City department reviewing the application will prepare a staff report on the application and transmit the staff report to the Board of Appeals prior to the required Board of Appeals public hearing on the application.

3.

Public Hearing. The Board of Appeals shall hold a public hearing on each application. The hearing shall be conducted, and a record of the proceedings shall be preserved, in the manner the Board of Appeals, by rule, prescribes from time to time. Notice of the public hearing must be given by the applicant in accordance with the notice requirements set forth in Sections 21.10.020(B) and 21.10.020(C). At the hearing, a report from the Planning and Zoning Director shall be placed in evidence.

4.

Action on Application. Within thirty days of the conclusion of the public hearing, the Board of Appeals shall decide to: (1) approve the application; (2) approve the application subject to specific conditions; or (3) deny the application.

5.

Conditions of Approval. The Board of Appeals may stipulate, conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special exception as are deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in Section 21.26.050. However, the Board of Appeals may not impose any condition, or enforce any condition previously imposed, which restricts the applicability or approval of a special exception to a particular applicant, owner or operator.

6.

Notice of Decision. The Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012)

All special exception applications shall be accompanied by plans and any forms prescribed by the Planning and Zoning Director, and shall at a minimum include the following:

A.

A statement in writing by the applicant and adequate evidence showing that the proposed special exception will conform to the standards set forth in this chapter.

B.

Applicants shall provide the names and addresses of all persons having a financial or vested interest in the project and in the case of firms, partnerships and corporations, the names and addresses of all principals of the firm, partnership or corporation, who have a financial or vested interest in the project for which the application is made.

(Ord. O-1-04 Revised (part), 2005)

The decision by the Board of Appeals must be based upon written findings with respect to the following:

A.

The establishment, maintenance or operation of the special exception will not be detrimental to or endanger the public health, safety, morals, convenience or general welfare.

B.

The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, or substantially diminish and impair property values within the neighborhood.

C.

The establishment of the special exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

D.

Adequate utilities, access roads, drainage and necessary facilities have been or are being provided.

E.

Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion in the public streets.

F.

The special exception shall, in all other respects, conform to the applicable regulations of the district in which it is located, including any use provisions or standards set forth in Chapter 21.64 and be consistent with the Comprehensive Plan.

G.

In the case of food service establishments, the following additional standards for review apply. The review of the proposed food service operation shall be based upon an analysis of the proposed use's impact in the following areas:

1.

Environmental:

a.

Noise, including the noise of the mechanical equipment and of the patrons while on the premises,

b.

Odors: control of odors from the cooking process and from the storage of garbage,

c.

Trash and litter: the type of trash and garbage the food service operation will generate; the precautions to be taken to prevent littering of the streets.

2.

Traffic:

a.

Streets: adequacy of the street system to handle additional traffic,

b.

Loading/unloading: off-street loading facilities available and adequate to handle the intensity and the type of trucks needed to service the proposed use; if on-street loading facilities are used, whether the use will impede traffic flow,

c.

Parking: adequate parking available either on-site or within the area for employees and patrons.

3.

Neighborhood:

a.

Hours: the hours of operation are compatible with the surrounding commercial and/or residential neighborhood,

b.

Loitering: the measures the restaurant will employ to discourage loitering; whether the type of use is compatible with the surrounding commercial and residential neighborhood.

4.

Adequacy of public facilities:

a.

Water and sewer: excess capacity exists and is available,

b.

Police: police coverage is available,

c.

Fire: the Fire Department has access to the site; sufficient water pressure for firefighting purposes is available and the building meets life safety standards.

5.

Community need: a community need for the use has been established.

H.

An appeal from a decision of the Board of Appeals shall be made to the Circuit Court of Maryland for Anne Arundel County.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012)

No application for a special exception, which has been denied wholly or in part by the Board of Appeals, shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Board of Appeals.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-11 Amended, § I, 2-13-2012)

A.

Special Exception Established. A special exception shall be deemed to be established upon the issuance of a use permit for the special exception use.

B.

Expiration of Special Exception Not Established.

1.

In any case where a grading permit or building permit to implement the special exception use has not been established within two years after the date of the granting of the special exception, a major modification to the special exception, a minor modification the Director deems significant, or an extension of the special exception prior to the adoption Ordinance-33-23 the special exception shall expire.

2.

The Board of Appeals, in its discretion and upon a showing of good cause, may grant up to two successive extensions of the special exception for periods of not longer than one year each; provided that, a written request for each extension prior to the expiration of the special exception.

3.

In any case where a special exception use has not been established within four years after the date of granting the special exception, modification of the special exception, or extension of the special exception prior to the adoption of O-33-23, the special exception shall expire.

4.

The Board of Appeals, in its discretion and upon a showing that neighborhood or area conditions surrounding the special exception have not materially changed in a manner which would show that the special exception use at the particular approved location would now have adverse effects above and beyond those effects inherently associated with such a special exception use irrespective of its location within the zoning district, may grant additional extensions of the special exception for periods of not longer than one year each; provided that, a written request for each extension prior to the expiration of the special exception.

C.

This § 21.26.070(B) shall apply retroactively to all special exceptions approved by the Board of Appeals since January 1, 2020.

D.

Cessation of Established Special Exception Use.

1.

An established special exception expires if the special exception ceases for more than one year after issuance of a use permit for the special exception use; or

2.

The Board of Appeals, in its discretion and upon a showing of good cause, may grant up to two successive extensions of a special exception use which has ceased for more than one year provided that, a written request for each extension is filed while the special exception is still valid.

E.

Destruction or damage of special exception use. In the case of a building or structure that is destroyed or damaged by fire, or another casualty, or an act of God, the Planning and Zoning Director may approve the re-establishment of the use provided that restoration is actively and diligently pursued to completion in a timely fashion.

(Ord. O-1-04 Revised, 2005; Ord. No. O-33-23, § I, 11-12-2024)

Approved special exceptions may be modified as follows:

A.

Minor Modifications. The Planning and Zoning Director may authorize minor adjustments in an approved special exception as follows:

1.

Minor modifications of the size and location of drainage ways, sewers, roadways, landscape elements or other similar features, in light of technical or engineering considerations.

2.

Minor modifications of the bulk of structures provided that the modified dimensions comply with all requirements of the applicable zoning district and do not allow buildings closer to property lines or otherwise adversely affect neighboring properties or the development authorized by the special exception as originally approved.

3.

Any request for modification of any condition imposed on a special exception, which is deemed by the Planning Director to be a minor modification.

B.

Modifications to Allow Accessory Uses and Structures. The Planning and Zoning Director may authorize the development of accessory uses or structures as a minor modification to an approved special exception as follows:

1.

A proposed accessory use or structure may be found to be a minor modification if the accessory use or structure will not adversely affect neighboring properties or the development authorized by the plan as approved and is compliance with all other applicable Zoning Code provisions.

2.

Prior to making a determination regarding whether the proposed accessory use or structure constitutes a minor modification, the Planning and Zoning Director shall require notice to abutting property owners, pursuant to the requirements of Section 21.10.020.

3.

The Planning and Zoning Director shall provide written notification, at the applicant's expense, to the applicant and abutting property owners of the Director's decision to allow an accessory use or structure as a minor modification.

4.

An appeal of the Planning and Zoning Director's decision with respect to any minor modification may be made to the Board of Appeals in accordance with the procedures of Chapter 21.30.

C.

Major Modifications. Modifications to any approved special exception that the Planning and Zoning Director deems to be a major modification may be approved only in accordance with the procedures required for original special exception approval.

(Ord. O-1-04 Revised (part), 2005)

Appeals from decisions of the Board of Appeals under this chapter shall be made to the Circuit Court of Maryland for Anne Arundel County.

(Ord. O-1-04 Revised (part), 2005)

The Board of Appeals is authorized to determine and vary the regulations of this Zoning Code in harmony with their general purpose and intent, only in the specific instances set forth in this chapter, where the Board of Appeals makes findings of fact in accordance with the standards prescribed in this chapter; and finds that there are practical difficulties or particular hardships in carrying out the regulations of this Zoning Code.

(Ord. O-1-04 Revised (part), 2005)

A.

Application Procedures. All applications for variances shall be filed with the Planning and Zoning Director in accordance with the requirements of Section 21.10.010 Common Procedures for Review of Applications.

B.

Review Procedures for Variance Applications. In the review and decision of variance applications, the following procedures shall apply:

1.

Staff Review. The Planning and Zoning Director, after having determined that the submission is complete, may distribute copies of the application to appropriate City departments for review.

2.

Staff Report. Following review of any variance application, the Planning and Zoning Director and any other City department reviewing the application will prepare a staff report on the application and transmit the staff report to the Board of Appeals prior to the required Board of Appeals public hearing on the application.

3.

Public Hearing. The Board of Appeals shall hold a public hearing on each application at the time and place established by it. The hearing shall be advertised, conducted, and a record of the proceedings shall be preserved, in the manner the Board of Appeals, by rule, prescribes from time to time. Notice of the public meeting must be given by the applicant in accordance with the notice requirements set forth in Sections 21.10.020(B) and 21.10.020(C).

4.

Action on Application. Within forty days of the conclusion of the public hearing, the Board of Appeals shall decide to: (1) approve the application; (2) approve the application subject to specific conditions; or (3) deny the application. The Board of Appeals may impose such conditions or restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this chapter and the purposes of this Zoning Code.

5.

Notice of Decision. The Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015)

All variance applications shall be accompanied by plans and on any forms prescribed by the Planning and Zoning Director, and shall at a minimum include the following:

A.

A statement in writing by the applicant and adequate evidence showing that the proposed variance will conform to the standards set forth in this chapter.

B.

Applicants shall provide the names and addresses of all persons having a financial or vested interest in the project and in the case of firms, partnerships and corporations, the names and addresses of all principals of the firm, partnership or corporation, who have a financial or vested interest in the project for which the application is made.

(Ord. O-1-04 Revised (part), 2005)

Variances from the regulations of this Zoning Code may be granted by the Board of Appeals only in accordance with the standards established in this chapter, and may be granted only for the following:

A.

To permit any yard or setback less than a yard or a setback required by the applicable regulations.

B.

To permit the use of a lot or lots for a use not otherwise allowed solely because of the insufficient area or width of the lot or lots for a building or structure erected prior to August 10, 1970. However, for buildings or structures erected after August 10, 1970, the respective area and width of the lot or lots shall not be less than eighty percent of the required area and width.

C.

To permit an increase of not more than twenty percent in the maximum gross floor area of any use.

D.

To vary the lot coverage restrictions in the R1-A and the R1-B single-family residence districts.

E.

To allow in the case of single-family detached dwellings in any residential zoning district, a building height of three stories, provided that the height does not exceed that of the underlying zoning or height districts.

F.

To increase by not more than twenty percent the maximum distance that required parking spaces are permitted to be located from the use served.

G.

To vary the provisions of the critical area program subject to the requirements and standards of Section 21.54.160.

H.

To vary the limitations for signs in the specific instances set forth in Section 21.70.110.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-19-18, § I, 11-19-2018)

The Board of Appeals shall not vary the regulations of this Zoning Code unless it makes findings based upon the evidence presented to it in each specific case that:

A.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.

B.

The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification.

C.

The purpose of the variance is not based exclusively upon a desire to increase financial gain.

D.

The alleged difficulty or hardship has not been created by any present or any previous owners of the property, whether individual or entity, to whom or to which the property has been transferred for fair market value, for other adequate or sufficient consideration, or as a result of inheritance or court order.

E.

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

F.

The variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety, or alter the essential character of the neighborhood or district in which the property is located.

G.

Within the intent and purpose of this Zoning Code, the variance, if granted, is the minimum variance necessary to afford relief.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015)

No order of the Board of Appeals granting a variance shall be valid for a period longer than one year from the date of the order, unless the building permit is obtained within that period and the erection or alteration of a building is started or the use is commenced within that period. However, the Board of Appeals, in its discretion and upon a showing of good cause, may grant up to two successive extensions of an order granting a variance for periods not longer than six months each, provided that a written application for each extension is filed while the prior order was still valid.

(Ord. O-1-04 Revised (part), 2005)

A.

Any person aggrieved by any decision of the Board of Appeals may appeal that decision to the Circuit Court of Anne Arundel County.

B.

An appeal filed pursuant to this section does not stay the action from which the appeal is taken unless provided by State law or an order entered by a court of competent jurisdiction.

(Ord. O-1-04 Revised (part), 2005)

A.

An appeal may be taken to the Board of Appeals by a person aggrieved, or by an officer, department, board or bureau of the City aggrieved by a decision of the Planning and Zoning Director other than the issuance of a misdemeanor citation.

B.

A person who is served a municipal infraction citation by the Director of Planning and Zoning or a misdemeanor citation initiated by the Director may not appeal to the Board of Appeals.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-12-16 Amended, § I, 5-23-2016; Ord. No. O-34-19, § I, 9-14-2020)

A.

Appeal Procedures.

1.

An appeal may be filed within 30 days of the decision being challenged.

a.

The notice of appeal shall be submitted to the Director of Planning and Zoning.

b.

The notice shall clearly state the grounds for the appeal, which may include, but are not limited to, any arbitrary or capricious actions by the Director, abuse of discretion by the Director, erroneous findings of fact, or errors of law made by the Director.

2.

The Director shall, at the appellant's sole expense, promptly send to the Board of Appeals all documents that make up the record upon which the appealed action was based.

B.

Review Procedures.

1.

Notice and Hearing.

a.

A hearing shall be conducted expeditiously to determine the facts, apply the criteria of this code to the facts presented at the hearing, and decide the appeal.

b.

The Board of Appeals shall select a reasonable time and place for the appeal hearing, not later than 45 days from the date of the appeal filing or at the Board's immediate next regular hearing date following.

c.

Parties to the appeal shall be heard at the hearing and shall not be required to file or respond to legal briefs within the proceedings of an appeal.

d.

Notice of the hearing shall be given in accordance with the notice requirements set forth in § 21.10.020(B) and § 21.10.020(C).

2.

Standing. If the appellant is not the applicant, the applicant shall have party status and be permitted to participate fully in the appeal.

3.

Burden of Proof.

a.

The hearing before the Board of Appeals shall be on the record, meaning the record shall comprise the information available to the Director at the time the decision being appealed was made.

b.

The appellant shall have the burden of proof.

4.

Decision.

a.

The Board of Appeals shall reach its decision within 40 days from the date of the hearing.

b.

The Board may affirm or reverse, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, or it may issue a new order, requirement, decision or determination.

c.

To carry out these functions, the Board is vested with all the powers of the Director of Planning and Zoning.

5.

Notice of Decision. The Director of Planning and Zoning shall give notice of the decision of the Board of Appeals in accordance with the requirements of § 21.10.020(E).

6.

Record of Decisions. The Director of Planning and Zoning shall maintain records of all actions of the Board of Appeals relative to appeals taken pursuant to this section.

(Ord. O-1-04 Revised, 2005; Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-29-11 Amended, § I, 4-23-2012; Ord. No. O-12-16 Amended, § I, 5-23-2016; Ord. No. O-34-19, § I, 9-14-2020; Ord. No. O-33-24, § I, 6-9-2025)

An appeal to the Board of Appeals pursuant to the preceding section shall stay all actions on the application which is the subject of the appeal.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-28-13, § I, 10-28-2013; Ord. No. O-34-19, § I, 9-14-2020)

A.

Any person aggrieved by any decision of the Board of Appeals may appeal that decision to the Circuit Court for Anne Arundel County.

B.

Notice of the appeal shall be provided to the Director of Planning and zoning at least five days before the appeal is filed with the court.

C.

An appeal filed pursuant to this section does not stay the action from which the appeal is taken unless provided by State law or an order entered by a court of competent jurisdiction.

(Ord. O-1-04 Revised, 2005; Ord. No. O-34-19, § I, 9-14-2020; Ord. No. O-33-24, § I, 6-9-2025)

Editor's note— Ord. No. O-34-19, § I, adopted Sept. 14, 2020, changed the title of § 21.30.040 from "Appeal" to read as herein set out.

For the purpose of promoting the public health, safety, morals and general welfare, and conserving the value of property throughout the City, the City Council, from time to time, in the manner set forth in this chapter, may amend the regulations imposed in the districts created by this Zoning Code; provided, that in all amendatory ordinances adopted under the authority of this chapter, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantages of the entire City and the uses to which property is devoted at the time of the adoption of the amendatory ordinance.

(Ord. O-1-04 Revised (part), 2005)

A.

Planning Commission Review. Other than Zoning District Map amendments processed under Chapter 21.34, legislation referred to the Planning Commission or an application proposing an amendment to any element of Titles 20 and 21 shall be placed upon the agenda of the Planning Commission for consideration at a public hearing. Notice of the public hearing shall be provided in accordance with the notice requirements of Section 21.10.020(C)(1). At the public hearing, the Commission may accept evidence and testimony as it judges to be relevant to the proper consideration of the proposed amendment.

B.

Commission Recommendation. Within thirty days after the Commission has completed its review of the proposed amendment, but in no case longer than ninety days after the first session of the public hearing by the Planning Commission, the Commission shall submit its written recommendations to the City Council.

C.

Action by City Council. After the Planning Commission has completed its review of the proposed amendment, an ordinance, if not already drafted, shall be drafted and introduced at the City Council. It shall be introduced on First Reader and referred to the appropriate Standing Committees of the City Council.

D.

City Council Public Hearing. The City Council shall hold a public hearing on each proposed amendment at the time and place it establishes. The hearing shall be advertised, conducted, and a record of the proceedings shall be preserved, in the manner the City Council, by rule, prescribes from time to time. Notice of the time and place of the hearing, together with a summary of the text amendment, shall be published in one newspaper of general circulation in the City once a week for two successive weeks, with the first publication of notice appearing at least fourteen days prior to the hearing. At the hearing, the recommendation of the Planning Commission and report of the Planning and Zoning Director shall be received. The Director shall be available at the hearing for examination by all interested persons.

E.

Decision and Vote. Following the City Council public hearing and the Standing Committee reports, the City Council shall vote on the ordinance in accordance with Section 2.16.090.

F.

Effective Date. In accordance with the provisions of Section 21.04.020, any Zoning Code text amendments shall become effective on the date of approval by the City Council, except that if the date of City Council approval is less than ten days after the close of the City Council's public hearing on the Zoning Code amendments, the effective date of the amendment shall be ten days after the close of the public hearing on the Zoning Code amendments.

(Ord. O-6-07 Amended Revised § 1 (part), 2007: Ord. O-4-07 § 1 (part), 2007: Ord. O-1-04 Revised (part), 2005)

A.

Purpose. For the purpose of promoting the public health, safety, morals and general welfare, and conserving the value of property throughout the City, the City Council, from time to time, in the manner set forth in this chapter may amend the district boundary lines; provided, that in all amendatory ordinances adopted under the authority of this chapter, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantages of the entire City and the uses to which property is devoted at the time of the adoption of the amendatory ordinance.

B.

Authority. The City Council shall decide amendments under this chapter, which may be proposed by the City Council, the Planning Commission, a property owner in the City or any person who has a contractual interest which may become a freehold interest or an exclusive possessory interest of property proposed to be rezoned.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-26-12 Amended, § I, 2-11-2013)

A.

Application Procedures. An application may be filed for any of the following types of amendments to the zoning map:

1.

Local zoning map amendment. A local zoning map amendment covering a single tract of land, all or portions of which may be proposed to be classified in different zones. A local zoning map amendment application may be filed by any governmental agency or by a person with a financial, contractual, or proprietary interest in the property to be affected by the proposed amendment.

Any member of the City Council may introduce a local zoning map application before the City Council that would then be referred to the Planning and Zoning Director to assist in the development of a local zoning map amendment. All other applications for a local zoning map amendment shall also be filed with the Planning and Zoning Director in accordance with the requirements of Section 21.10.010 Common procedures for review of applications, including the preapplication conference with the Director pursuant to Section 21.10.010(A).

2.

Sectional Zoning Map Amendment. A sectional zoning map amendment covering a section of the City, all or portions of which may be proposed to be classified in different zones. A request for a sectional zoning map amendment may be filed by a member of the City Council or the Director of Planning and Zoning upon completion of a sector or area plan.

3.

Comprehensive Zoning Map Amendment. A comprehensive zoning map amendment covering the entire City, all or portions of which may be proposed to be classified in different zones. A comprehensive zoning map amendment includes, but is not limited to, technical corrections. A request for a comprehensive zoning map amendment may be filed by a member of the City Council or the Director of Planning and Zoning.

B.

Review Procedures.

1.

Complete Application Forwarded to Planning Commission. Upon determination of completeness, the Planning and Zoning Director shall forward the application to the Planning Commission, for its recommendation to the City Council.

2.

Staff Review and Report. The Planning and Zoning Director may circulate the application to other City departments deemed appropriate by the Director. The Planning and Zoning Director will forward a report on the application for amendment to the Planning Commission and the City Council.

3.

Planning Commission Public Hearing. An application, when complete, shall be placed upon the agenda of the Planning Commission for consideration at a public hearing. Notice of the hearing shall be published in accordance with Sections 21.10.020(B) and 21.10.020(C) for a local zoning map amendment, and in accordance with Section 21.10.020(C)(1) for a sectional or comprehensive zoning map amendment. At the public hearing the Planning Commission may accept evidence and testimony as it may judge to be relevant to the proper consideration of the case.

4.

Findings and Recommendations. Within thirty days after the Planning Commission has completed its review of the application, but in no case longer than ninety days after the date of the first session of the public hearing held by the Commission, the Commission shall make written findings of fact and shall submit the findings together with its recommendations to the City Council. The City Council shall not act upon the application until it has received a written report and recommendation from the Planning Commission on the proposed amendment.

5.

City Council Action. After the Planning Commission has completed its review of the proposed amendment, an ordinance shall be drafted by the Mayor and introduced at the City Council. It shall be introduced on First Reader and referred to the appropriate Standing Committees of the City Council.

6.

City Council Public Hearing. The City Council shall hold a public hearing on the ordinance. The hearing shall be advertised, conducted, and a record of the proceedings shall be preserved, in the manner as the City Council, by rule, prescribes from time to time. Notice of the hearing shall be in accordance with Section 21.10.020(C) for a local zoning map amendment and in accordance with Section 21.10.020(C)(1) for a sectional or comprehensive zoning map amendment. Other appropriate notices may be posted in a place or places as the City Council designates. At the hearing, the recommendation of the Planning Commission and report from the Planning and Zoning Director shall be placed in evidence. The Director of Planning and Zoning shall be available at the hearing for examination by all interested persons.

7.

Decision and Vote. Following the City Council public hearing and the Standing Committee reports, the City Council shall vote on the ordinance.

8.

Date of Decision. Whenever an application for an amendment has been properly filed, it shall be acted upon by the City Council within six months from the date of application, and whenever it has been denied by the City Council, the application shall not be renewed for one year after the denial.

(Ord. O-6-07 Amended Revised § 1 (part), 2007: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-26-12 Amended, § I, 2-11-2013)

All zoning map applications shall be accompanied by plans and on any forms prescribed by the Planning and Zoning Director, and shall at a minimum include the following:

A.

A statement in writing by the applicant and adequate evidence describing how the proposed map amendment conforms to the review criteria set forth in this chapter.

B.

For a local zoning map amendment, applicants shall provide the names and addresses of all persons having a financial or vested interest in the project and in the case of firms, partnerships and corporations, the names and addresses of all principals of the firm, partnership or corporation, who have a financial or vested interest in the project for which the application is made.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-26-12 Amended, § I, 2-11-2013)

The Planning Commission shall not recommend the adoption of a proposed zoning map amendment unless it finds that the adoption of the amendment is in the public interest and is not solely for the interest of the applicant. The Planning Commission may recommend the adoption of an amendment changing the zoning classification of the property to a more restrictive district than that requested by the applicant. For sectional and comprehensive zoning map amendments the Planning Commission shall make written findings based upon the evidence presented to it in each specific case that the amendment is consistent with the City's Comprehensive Plan. For local map amendments, the Planning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

A.

Existing uses and zoning classification of properties within the general area of the property that is the subject of the application.

B.

The suitability of the property in question to the uses permitted under the existing zoning classification compared to the uses permitted under the proposed zoning classification.

C.

The trend of development in the general area, including any changes in zoning classification of the subject property or other properties in the area and the compatibility with existing and proposed development for the area.

D.

Whether there has been a substantial change in the character of the neighborhood where the property is located or that there was a mistake in the existing zoning classification.

E.

The availability of public facilities, present and future transportation patterns.

F.

The relationship of the proposed amendment to the City's Comprehensive Plan and its consistency with the Comprehensive Plan.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-26-12 Amended, § I, 2-11-2013)

The City Council shall make findings of fact in each specific case including, but not limited to, the criteria set forth above in Section 21.34.040 and any additional criteria it determines are relevant and appropriate.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-26-12 Amended, § I, 2-11-2013)

Any person aggrieved by a decision of the City Council pursuant to this chapter may appeal to the Circuit Court of Anne Arundel County.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-26-12 Amended, § I, 2-11-2013)

A.

In addition to other penalties and enforcement powers set forth in this Zoning Code or granted to the City in law or in equity, whenever a person violates any provision of this Zoning Code, the Director of Planning and Zoning may issue an order requiring the developer or owner of the property to stop work or to take specified corrective measures to comply with the requirements of this Zoning Code.

B.

If a developer or owner violates a stop work order or corrective measures order issued pursuant to this section, the Director of Planning and Zoning may initiate action to revoke a permit as follows:

1.

Notice. Before a permit may be revoked, notice of a hearing by the Director of Planning and Zoning to consider revocation shall be given pursuant to the requirements of Section 21.10.020(C). The notice shall inform the holder of the permit of the grounds for the revocation and the hearing date.

2.

Decision. Following the hearing, the Director of Planning and Zoning shall decide whether or not to revoke the permit and shall provide the holder of the permit a written statement of the decision.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-12-16 Amended, § I, 5-23-2016)

The Director of Planning and Zoning, upon finding a building, premises, or a part of a building or premises used or occupied in violation of any provision of the Zoning Code, shall order such illegal use or occupancy terminated. When in the opinion of the Director of Planning and Zoning the termination of said illegal use or occupancy can only be insured through vacation of said building, premises, or part thereof, the Director may order the owner or the occupant or both to vacate said building, premises, or part of said building or premises which is being illegally used or occupied.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-12-16 Amended, § I, 5-23-2016)

A.

A person who violates this Zoning Code is guilty of a misdemeanor and shall be fined by the Director of Planning and Zoning as established by the City Council.

B.

A person who violates any term, condition or provision of any certificate of approval, plan, use permit, variance or other permit issued or approved pursuant to this Zoning Code is guilty of a misdemeanor and shall be fined by the Director of Planning and Zoning as established by the City Council.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-12-16 Amended, § I, 5-23-2016)