(a)   Definition. In this title, "application" means a request to change or remove a critical area classification, to change a zoning district, for a special exception or variance, or for a modification of a special exception.

   (b)   Time. The computation of time under this title is governed by § 1-1-103 of this Code.

   (c)   Discovery. Depositions and other discovery in connection with proceedings under this title are prohibited.

   (d)   Effect of approval. The granting of an application under this title does not operate as a waiver of any law or regulation relating to the development of the property or constitute a commitment on the part of the County to provide fire suppression facilities, roads, schools, sewers, storm drainage systems, or water service.

(Bill No. 4-05)

   If the Administrative Hearing Officer has a conflict of interest, the Administrative Hearing Officer shall withdraw and the County Executive shall appoint a temporary Administrative Hearing Officer to hear the case. The temporary Administrative Hearing Officer is entitled to the per diem compensation provided for in the budget of the Office of Administrative Hearings. A temporary Administrative Hearing Officer shall also hear cases if the Administrative Hearing Officer is absent, sick, or unable to act for any other reason.

(Bill No. 4-05)

   A person may not communicate ex parte or confer privately with the Administrative Hearing Officer concerning a pending or proposed application. Information sought by a member of the public or a party to a hearing before the Administrative Hearing Officer shall be directed to the Office of Planning and Zoning.

(Bill No. 4-05)

      (1)   located within 300 feet of the affected property;

      (2)   that confronts or adjoins the affected property; and

      (3)   except for property owned by government entities or public service companies, that confronts or adjoins land identified in subsection (a)(2).

      (1)   the outline of the property and topography with steep slopes and buffers delineated with scale and north arrow which requirement may be satisfied by a County GIS with tax map boundary overlay;

      (2)   zoning boundaries;

      (3)   critical area and bog protection areas;

      (4)   existing and proposed structures and uses;

      (5)   setbacks and parking;

      (6)   access and interior road circulation;

      (7)   conceptual utilities and drainage structures;

      (8)   forested areas and mean high water lines;

      (9)   all natural features and required buffers; and

      (10)   a vicinity map.

      (1)   the outline of the property with scale and north arrow;

      (2)   zoning boundaries and, where the boundary abuts a public right-of-way, the boundary shall be shown to the center line of the right-of-way;

      (3)   critical area and bog protection areas;

      (4)   existing and proposed structures and uses;

      (5)   setbacks, parking, and landscaping in accordance with requirements of the Landscape Manual;

      (6)   access and interior road circulation;

      (7)   utilities and drainage structures;

      (8)   easements of record;

      (9)   forested areas and mean high water lines;

      (10)   natural features;

      (11)   for sites in the critical area, field run topography at two-foot intervals if the site has slopes of 15% or more;

      (12)   for sites not in the critical area, field run topography at two-foot intervals if the site has slopes of 25% or more;

      (13)   a vicinity map;

      (14)   for any development impacting environmentally sensitive areas, and all new single- family dwellings, all information contained in the current County preliminary plan checklist or other relevant information specified by the Planning and Zoning Officer; and

      (15)   for any development impacting environmentally sensitive areas or disturbing 5,000 square feet or more, and all new single-family dwellings, a stormwater management plan that satisfies requirements of the County Procedures Manual.

(Bill No. 4-05; Bill No. 78-05; Bill No. 60-10; Bill No. 75-10; Bill No. 93-12; Bill No. 19-18)

(Bill No. 4-05; Bill No. 93-12; Bill No. 53-17)

   (b)   To Critical Area Commission. For an application for a reclassification of property in the critical area, the applicant shall send copies of the application and of the Administrative Hearing Officer's notice to the Critical Area Commission at least 30 days before the hearing.

      (1)   For a period of not less than 30 days before the date of a hearing on an application for a rezoning or critical area reclassification or for a period of not less than 14 days before the date of a hearing on an application for a special exception or variance, one or more signs shall be posted on the subject property to give notice of the application. The Office of Planning and Zoning shall furnish the signs to the applicant, and the applicant is responsible for posting and maintaining the signs.

      (2)   Signs shall be located not more than 10 feet from each boundary of the property that abuts a public road or navigable water, except that, if required by flora covering the property or topographic conditions of the land, a sign may be posted farther than 10 feet from the boundary to enhance its visibility. If the property does not abut a public road, one or more signs shall be posted in locations that can be readily seen by the public. The bottom of each sign shall be erected three feet above the ground.

(Bill No. 4-05; Bill No. 67-08; Bill No. 65-13; Bill No. 19-18; Bill No. 75-24)

   (a)   Conducted in public. The Administrative Hearing Officer shall conduct a public hearing on an application, which shall be recorded. The hearing may be continued from time to time, with the time and place of the next hearing date announced publicly.

   (b)   Rulings and witnesses. The hearing shall be conducted in an impartial and orderly manner. The applicant, the County, and any other person deemed qualified by the Administrative Hearing Officer may introduce evidence and testify. The Administrative Hearing Officer shall rule on procedural matters and objections made during the course of a hearing. Each witness shall testify under oath.

   (c)   Burden of proof. The applicant has the burden of proof, including the burden of going forward with the production of evidence and the burden of persuasion, on all questions of fact. The burden of persuasion is by a preponderance of the evidence.

(Bill No. 4-05)

   (a)   Nature of application. An application for a critical area reclassification may be for a more or less restrictive classification and may cover more than one lot if portions of each lot are proposed to be designated in the same classification or one or more classifications.

   (b)   Requirements for approval. Critical area reclassifications shall be granted or denied in accordance with compatibility with the underlying zoning district, but may not be granted unless the Administrative Hearing Officer makes the following affirmative findings:

      (1)   There was a mistake in the approved critical area map based on land uses or natural features in existence on December 1, 1985, provided that a property located within 2,000 feet of public water or sewer may not be considered to have public water or sewer for purposes of reclassification and may not be considered to be a mapping mistake;

      (2)   The proposed critical area classification conforms to the State and County critical area mapping criteria;

      (3)   The proposed critical area classification conforms to the environmental goals and standards of the General Development Plan;

      (4)   There is compatibility between the uses of the property as reclassified and surrounding land uses, so as to promote the health, safety, and welfare of present and future residents of the County and effective environmental land use management; and

      (5)   The applicant provided to the Critical Area Commission a copy of the Administrative Hearing Officer's notice and a copy of the application at least 30 days before the date of the hearing.

(Bill No. 4-05; Bill No. 67-08)

   (a)   Generally. An application for a rezoning may be for a more or less restrictive classification and may cover more than one lot if portions of the lots are proposed to be classified in the same district or in one or more districts.

   (b)   Requirements for approval. A rezoning may not be granted unless the Administrative Hearing Officer makes the following affirmative findings:

      (1)   There was a mistake in the zoning map or the character of the neighborhood has changed to such an extent that the zoning map should be changed;

      (2)   The new zoning classification conforms to the General Development Plan in relation to land use, number of dwelling units or type and intensity of nonresidential buildings, and location;

      (3)   There is compatibility between the uses of the property as reclassified and the surrounding land uses, so as to promote the health, safety, and welfare of present and future residents of the County; and

      (4)   For a property located in the critical area:

         (i)   the uses allowed in the proposed zoning classification are compatible with the critical area land use designation and development standards for the property; and

         (ii)   the Critical Area Commission staff has recommended approval of the rezoning if the basis for the rezoning is that the character of the neighborhood has changed to such an extent that the zoning map should be changed.

      (1)   A lot located in an Odenton Town Center Zoning District may be rezoned only to another Odenton Town Center Zoning District, and a lot that is not located in the Odenton Town Center may not be rezoned to an Odenton Town Center Zoning District.

      (2)   A lot not designated as a mixed use planned land use in the General Development Plan or a region plan may not be administratively rezoned to a mixed use district. If the General Development Plan or a region plan adopted between January 1, 2025, and December 31, 2026, recommends a sector plan or study for a lot designated as a mixed use planned land use, the lot may not be administratively rezoned to a mixed use district unless the sector plan or study is completed and recommends a rezoning to a mixed use district. If a region plan adopted between May 6, 2024, and December 31, 2024, does not recommend a sector plan or study for a lot designated as a mixed use planned land use, a sector plan or study shall be required before an administrative rezoning may be considered, and the lot may not be administratively rezoned to a mixed use district unless the sector plan or study is completed and recommends a rezoning to a mixed use district.

(Bill No. 4-05; Bill No. 60-10; Bill No. 84-23; Bill No. 75-24; Bill No. 18-25)

      (1)   The use will not be detrimental to the public health, safety, or welfare;

      (2)   The location, nature, and height of each building, wall, and fence, the nature and extent of landscaping on the site, and the location, size, nature, and intensity of each phase of the use and its access roads will be compatible with the appropriate and orderly development of the district in which it is located;

      (3)   Operations related to the use will be no more objectionable with regard to noise, fumes, vibration, or light to nearby properties than operations in other uses allowed under this article;

      (4)   The use at the location proposed will not have any adverse effects above and beyond those inherently associated with the use irrespective of its location within the zoning district;

      (5)   The proposed use will not conflict with an existing or programmed public facility, public service, school, or road;

      (6)   The proposed use has the written recommendations and comments of the Health Department and the Office of Planning and Zoning;

      (7)   The proposed use is consistent with the County General Development Plan;

      (8)   The applicant has presented sufficient evidence of public need for the use;

      (9)   The applicant has presented sufficient evidence that the use will meet and be able to maintain adherence to the criteria for the specific use;

      (10)   The application will conform to the critical area criteria for sites located in the critical area; and

      (11)   The administrative site plan demonstrates the applicant's ability to comply with the requirements of the Landscape Manual.

(Bill No. 4-05; Bill No. 60-10; Bill No. 18-18)

   (a)   Requirements for zoning variances. The Administrative Hearing Officer may vary or modify the provisions of this article when it is alleged that practical difficulties or unnecessary hardships prevent conformance with the strict letter of this article, provided the spirit of law is observed, public safety secured, and substantial justice done. A variance may be granted only if the Administrative Hearing Officer makes the following affirmative findings:

      (1)   Because of certain unique physical conditions, such as irregularity, narrowness or shallowness of lot size and shape or exceptional topographical conditions peculiar to and inherent in the particular lot, there is no reasonable possibility of developing the lot in strict conformance with this article; or

      (2)   Because of exceptional circumstances other than financial considerations, the grant of a variance is necessary to avoid practical difficulties or unnecessary hardship and to enable the applicant to develop the lot.

   (b)   Requirements for critical or bog protection area variances. For a property located in the critical area or a bog protection area, a variance to the requirements of the County's critical area program or the bog protection program may be granted if the Administrative Hearing Officer makes the following affirmative findings:

      (1)   Because of certain unique physical conditions, such as exceptional topographical conditions peculiar to and inherent in the particular lot or irregularity, narrowness, or shallowness of lot size and shape, strict implementation of the County's critical area program or bog protection program would result in an unwarranted hardship, as that term is defined in the Natural Resources Article, § 8-1808, of the State Code, to the applicant;

      (2)   (i)   A literal interpretation of COMAR, Title 27, Criteria for Local Critical Area Program Development or the County's critical area program and related ordinances will deprive the applicant of rights commonly enjoyed by other properties in similar areas as permitted in accordance with the provisions of the critical area program within the critical area of the County; or

         (ii)   The County's bog protection program will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the bog protection area of the County;

      (3)   The granting of a variance will not confer on an applicant any special privilege that would be denied by COMAR, Title 27, the County's critical area program to other lands or structures within the County critical area, or the County's bog protection program to other lands or structures within a bog protection area;

      (4)   The variance request is not based on conditions or circumstances that are the result of actions by the applicant, including the commencement of development before an application for a variance was filed, and does not arise from any condition relating to land or building use on any neighboring property;

      (5)   The granting of a variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the County's critical area or a bog protection area and will be in harmony with the general spirit and intent of the County's critical area program or bog protection program;

      (6)   The applicant for a variance to allow development in the 100-foot upland buffer has maximized the distance between the bog and each structure, taking into account natural features and the replacement of utilities, and has met the requirements of § 17-9-208 of this Code;

      (7)   The applicant, by competent and substantial evidence, has overcome the presumption contained in the Natural Resources Article, § 8-1808, of the State Code; and

      (8)   The applicant has evaluated and implemented site planning alternatives in accordance with § 18-16-201(c).

   (c)   Requirements for all variances. A variance may not be granted unless it is found that:

      (1)   the variance is the minimum variance necessary to afford relief; and

      (2)   the granting of the variance will not:

         (i)   alter the essential character of the neighborhood or district in which the lot is located;

         (ii)   substantially impair the appropriate use or development of adjacent property;

         (iii)   reduce forest cover in the limited development and resource conservation areas of the critical area;

         (iv)   be contrary to acceptable clearing and replanting practices required for development in the critical area or a bog protection area; nor

         (v)   be detrimental to the public welfare.

      (1)   For a property with an outstanding violation, the granting of a variance under this subsection shall be conditioned on the applicant completing the following within 90 days of the date of decision, as applicable:

         (i)   obtaining an approved mitigation or restoration plan;

         (ii)   completing the abatement measures in accordance with the County critical area program; and

         (iii)   paying any civil fines assessed and finally adjudicated.

      (2)   Notwithstanding the provisions of subsection (d)(1), the Office of Planning and Zoning may extend the time for abatement to the next planting season because of adverse planting conditions. An applicant may also be granted a 180 day extension to satisfy the conditions of a variance upon timely application to the Planning and Zoning Officer and good cause shown.

   (a)   Generally. The Administrative Hearing Officer shall grant or deny an application in accordance with law. The Administrative Hearing Officer's decision shall be based solely on the evidence presented at the hearing and observations made during any site visit.

   (b)   Restrictions, conditions, and limitations. The Administrative Hearing Officer may impose additional restrictions, conditions, or limitations on an application other than an application to change a zoning district as may be considered appropriate to preserve, improve, or protect the general character and design of the land or improvements or of the surrounding or adjacent land and improvements. The Administrative Hearing Officer may approve or disapprove the design of buildings, construction, landscaping, or other improvements, alterations, or changes to ensure conformity with the intent and purpose of this article.

   (c)   Timing, contents, and copies of decision. Within 30 days after the termination of the proceedings, the Administrative Hearing Officer shall prepare and file a written memorandum setting forth findings of fact and the basis for the decision on the application. The Administrative Hearing Officer shall provide a copy to the applicant, counsel of record, and, on request, each interested person.

(Bill No. 4-05)

   Within 30 days after the filing of the written memorandum, the Administrative Hearing Officer may revise the memorandum to correct clerical or other errors of form that do not change the substance of the memorandum. The revised memorandum shall be provided to those persons who were provided with copies of the original memorandum. The revision does not extend the time for appeal.

(Bill No. 4-05)

   A person aggrieved by a decision of the Administrative Hearing Officer who was a party to the proceedings may appeal to the Board of Appeals within 30 days after the date upon which the memorandum was filed, except that a person who meets the threshold standing requirements under federal law has standing to appeal a decision of the Administrative Hearing Officer granting or denying a critical area variance for development in the buffer to the Board of Appeals. On the filing of an appeal, the Administrative Hearing Officer shall promptly transmit the application, sign-in sheet, exhibits, and the memorandum to the office of the Board of Appeals and notify those persons who were provided with copies of the memorandum of the date of transmittal.

(Bill No. 4-05; Bill No. 93-12; Bill No. 76-13)

   The same property may not be considered for substantially the same application or for a less restrictive use until 18 months after the date of denial by the Administrative Hearing Officer, the Board of Appeals, or a court, whichever is latest. An application for a variance to perfect a violation of critical area criteria that has been denied may not be the subject of a subsequent application.

(Bill No. 4-05; Bill No. 93-12)

      (1)   the approval or grant was based on a fraudulent misrepresentation of material information in the application, testimony, administrative site plan, or other supporting documents; or

      (2)   the use of the property deviates from the approved administrative site plan, an allowed use under the rezoning, or any conditions imposed.

(Bill No. 4-05; Bill No. 16-08; Bill No. 60-10)

   (a)   Expiration by operation of law. A variance or special exception that is not extended or tolled expires by operation of law unless the applicant within 18 months of the granting of the variance or special exception (1) obtains a building permit or (2) files an application for subdivision. Thereafter, the variance or special exception shall not expire so long as (1) construction proceeds in accordance with the permit or (2) a record plat is recorded among the land records pursuant to the application for subdivision, the applicant obtains a building permit within one year after recordation of the plat, and construction proceeds in accordance with the permit.

   (b)   Extension for phasing or other good cause. In deciding an application for a special exception use, the Administrative Hearing Officer may extend the time periods set forth in subsection (a) for the use and any variance granted in connection with it when the application includes a phasing plan or sets forth facts that demonstrate other good cause why the time periods set forth in subsection (a) reasonably cannot be met.

   (c)   Extension by variance. An applicant may file an application for a variance to extend the time periods set forth in subsection (a).

   (d)   Tolling. The pendency of litigation may toll the time periods set forth in subsection (a) to the extent provided by law.

(Bill No. 4-05; Bill No. 78-05)

   Except for uses that are seasonal and continue each year, the cessation of a special exception use for 12 months constitutes an abandonment and, upon abandonment, the special exception terminates.

(Bill No. 4-05)