The office of the planning director is hereby established.

(Code 1977, § 107-62; Ord. No. 2000-10, 9-25-2000)

The planning director shall be appointed by and shall serve at the pleasure of the Mayor and Council. The Mayor and Council shall determine the compensation and terms of service of the planning director.

(Code 1977, § 107-62; Ord. No. 2000-10, 9-25-2000)

(a)

The Mayor and Council, at its discretion, may arrange for the sharing of a planning director with the county or with another municipality in the county, provided that such director shall be responsible to this town's Mayor and Council for any zoning certificate issued or action taken with respect to the administration and enforcement of this chapter.

(b)

It shall be the duty of the planning director to administer and cause the enforcement of the provisions of this chapter in accordance with its administrative provisions.

(Code 1977, § 107-62; Ord. No. 2000-10, 9-25-2000)

(a)

Except as otherwise provided herein, it shall be unlawful to locate, erect or begin the construction, reconstruction, extension, conversion or structural alteration of any building or structure, or to begin the excavation for such building or structure, without first applying for a zoning certificate.

(b)

Likewise, it shall be unlawful to use or permit the use of any building or land or part therefor, hereafter created or erected, wholly or partly, or to change the use or permit the change of use of any building, structure or land, until a zoning certificate, together with a special use permit where required, shall have been issued by the planning director. Such zoning certificate shall show that the building or other structure or part thereof and the proposed use thereof, or the proposed use of the land or premises, conform to the provisions of this chapter.

(c)

It shall be the duty of the planning director to issue such zoning certificate if he finds to his satisfaction that the building, structure, premises, and proposed use conform to all the requirements set forth in this chapter.

(Code 1977, § 107-63(A); Ord. No. 2000-10, 9-25-2000)

Application for a zoning certificate shall be made to the planning director coincident with the application for a building permit where such is required. Every application for a zoning certificate, whether in connection with a building permit or not, shall be accompanied by:

(1)

A drawing approximately to scale, showing the shape and dimensions of the lot to be used or built upon;

(2)

The size and location on the lot of every existing building and structure and its driveways;

(3)

The existing and intended use of the premises and of each building or part thereof; and

(4)

Such other information with regard to the lot and its neighboring lots, buildings and uses as may be necessary to determine and provide for the administration and enforcement of this chapter.

(Code 1977, § 107-63(B); Ord. No. 2000-10, 9-25-2000)

Issuance of a zoning certificate shall be withheld until the building or the necessary work thereon has been completed in accordance with the provisions of this chapter. No work shall be commenced, however, before the issuance of a building permit showing that application has been made for a zoning certificate and that the building or part thereof and the proposed use thereof conform to the provisions of this chapter. No construction work shall be started before the lot and the location thereon of the projected building or other improvements have been staked out on the ground and have been inspected by the planning director.

(Code 1977, § 107-63(C); Ord. No. 2000-10, 9-25-2000)

A filing fee shall accompany each application for a zoning certificate in such amount as may be determined by the Mayor and Council.

(Code 1977, § 107-63(F); Ord. No. 2000-10, 9-25-2000)

All town officials and employees who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose if the same would be in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

(Code 1977, § 107-63(G); Ord. No. 2000-10, 9-25-2000)

(a)

It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any regulation in or any provisions of this chapter or any amendment or supplement thereto, or to fail to comply with any reasonable requirement or condition imposed by the board of appeals. Any person, firm or corporation violating any regulation in any provisions of this chapter or any amendment supplement thereto shall be deemed guilty of a municipal infraction, and shall be fined not less than $25.00 nor more than $400.00. Each and every day during which such violation continues may be deemed a separate offense.

(b)

All zoning certificates and building permits shall be revocable for failure to comply with all applicable requirements and conditions.

(Code 1977, § 107-64(A), (B); Ord. No. 2000-10, 9-25-2000)

In case any building is or is proposed to be located, erected, constructed, reconstructed, altered, repaired, converted, maintained or used, or any land is or is proposed to be used, in violation of this chapter or any amendment or supplement thereto, the Mayor and Council, the planning director or any adjacent or neighboring property owner who would be specifically damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, restrain, correct or abate such unlawful location, maintenance or use, to prevent the occupancy of said building or land or to prevent any illegal act, conduct, business or use in or about such premises.

(Code 1977, § 107-65; Ord. No. 2000-10, 9-25-2000)

An application, in cases in which the board of appeals has original jurisdiction under the provisions of this chapter, may be made by any property owner or contract purchaser, or by a governmental officer, department, board or bureau. Such application shall be filed with the planning director, who shall transmit same to the board.

(Code 1977, § 107-68(A); Ord. No. 2000-10, 9-25-2000)

An appeal to the board may be taken by any person aggrieved by any decision of the administrative officer; or by any officer, department, board or bureau affected by any decision of the planning director. Such appeal shall be taken within 20 days after the decision by filing with the planning director and with the board of appeals a notice of appeal specifying the grounds thereof. The planning director shall transmit to the board all the papers constituting the record upon which the action appealed from was based.

(Code 1977, § 107-68(B); Ord. No. 2000-10, 9-25-2000)

State Law reference— Similar provisions, Md. Ann. Code art. 66B, § 4.07(e).

A filing fee shall accompany each application or appeal to the board of appeals, as may be determined by the Mayor and Council.

(Code 1977, § 107-68(C); Ord. No. 2000-10, 9-25-2000)

The board shall fix a reasonable time for the hearing of the application or appeal, shall give at least ten days' notice of the time and place of such hearing in a newspaper of general circulation in the community and to the parties in interest, shall cause the property to be posted conspicuously with a notice of the hearing and shall decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(Code 1977, § 107-68(D); Ord. No. 2000-10, 9-25-2000)

State Law reference— Similar provisions, Md. Ann. Code art. 66B, § 4.07(g).

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the planning director certifies to the board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order, which may be granted by the board or by a court record, on application, after notice to the planning director and on due cause shown.

(Code 1977, § 107-68(E); Ord. No. 2000-10, 9-25-2000)

State Law reference— Similar provisions, Md. Ann. Code art. 66B, § 4.07(f).

(a)

In exercising its powers, the board of appeals may, in conformity with the provisions of Md. Ann. Code art. 66B, § 4.07:

(1)

Wholly or partly reverse the order, requirement, decision, or determination from which the appeal is taken;

(2)

Wholly or partly affirm the order, requirement, decision, or determination from which the appeal is taken;

(3)

Modify the order, requirement, decision, or determination from which the appeal is taken; or

(4)

Issue a new order, requirement, decision, or determination.

(b)

The board shall have all the powers of the administrative officer from whom the appeal is taken.

(Code 1977, § 107-68(F); Ord. No. 2000-10, 9-25-2000)

State Law reference— Similar provisions, Md. Ann. Code art. 66B, § 4.07(h).

If an application or appeal is disapproved by the board of appeals, thereafter the board shall not be required to consider another application for substantially the same proposal, on the same premises, until after one year from the date of such disapproval. If advertised and thereafter the applicant withdraws the application or appeal, he shall be precluded from filing another application or appeal for substantially the same proposal on the same premises for one year.

(Code 1977, § 107-68(G); Ord. No. 2000-10, 9-25-2000)

Any person or persons, jointly or severally, aggrieved by any decision of the board of appeals, or any taxpayer, officer, department, board or bureau of the town, may appeal the same to the circuit court for the county. If, upon the hearing, it shall appear to the court that the testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Appeals from such determinations may be taken to the court of special appeals as provided by law.

State Law reference— Appeals, Md. Ann. Code art. 66B, § 4.08.

(Code 1977, § 107-68(H); Ord. No. 2000-10, 9-25-2000)

In compliance with the provisions of Md. Ann. Code art. 66B, § 4.07, as amended, a board of appeals is hereby established. The number of members of said board, their appointment, terms of office, succession, removal, filling of vacancies and their powers and duties shall all be as provided in Md. Ann. Code art. 66B, § 4.07. There shall be five members and one alternate member on the board of appeals. The persons appointed to the board of appeals shall be selected for their understanding of and appreciation for zoning principals, knowledge of conditions in the community and of its planning objectives and policies, general civic interest, as opposed to special or private interest, and a fair judicial approach.

(Code 1977, § 107-66; Ord. No. 2000-10, 9-25-2000)

State Law reference— Appointment, term of office, removal, meetings, etc., Md. Ann. Code art. 66B, § 4.07.

(a)

The board of appeals shall be organized in accordance with the provisions of this chapter. Meetings shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall make a transcript and keep minutes of its proceedings showing the vote of each member upon each question or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record. The board of appeals shall immediately file the transcript of its proceedings in the office of the board. A 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. All actions of the board shall be by resolution.

(b)

The board of appeals may call upon any town official or department head for assistance in the performance of its duties, and it shall be the duty of such officers to render such assistance to the board as may reasonably be required.

(c)

It shall be the duty of the planning director to serve as secretary and administrative officer for the board of appeals. One of his duties shall be to investigate each case and prepare a report thereon for information and assistance of the board.

(Code 1977, § 107-67; Ord. No. 2000-10, 9-25-2000)

State Law reference— Similar provisions, Md. Ann. Code art. 66B, § 4.07(a), (b).

The board of appeals shall have the power to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or any ordinance adopted under this chapter.

(Code 1977, § 107-69(A); Ord. No. 2000-10, 9-25-2000)

The board of appeals may determine, after notice to the owners of the properties affected and after public hearing, boundaries of districts as follows:

(1)

Where the street or lot layout actually on the ground, or as recorded, differs from the street or lot lines shown on the zoning map, the board shall interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question.

(2)

Where the boundary line of a district divides a lot held in a single ownership on the effective date of the ordinance from which this chapter is derived, the board may permit the extension of a district, but not more than 200 feet beyond said boundary line.

(Code 1977, § 107-69(B); Ord. No. 2000-10, 9-25-2000)

The board of appeals may authorize the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this chapter for the district in which it is located, provided that such use is a temporary nature and does not involve the erection of substantial buildings. Such certificate shall be granted in the form of a temporary and revocable permit for a period of not more than 12 months, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

(Code 1977, § 107-69(C); Ord. No. 2000-10, 9-25-2000)

(a)

The board of appeals shall have the power to hear and decide application for conditional uses or for decisions upon other special questions or exceptions on which the board is authorized by this chapter to pass. The board shall have the power to authorize on appeal in specific cases a variance from the terms of an ordinance. All such applications shall be deemed to be for special exceptions authorized by Md. Ann. Code art. 66B, § 4.07.

(b)

In addition to permitting the conditional use and exceptions herein specified, the board shall have the power to permit the following conditional uses and special exceptions:

(1)

A business use in any R District, next to a nonconforming business or industrial use or between two such uses.

(2)

On a lot adjoining or in a building adjoining any nonconforming use, a use of the next higher classification.

(3)

Within any district, the disposal of wastes by the sanitary landfill method.

(4)

A sewage disposal plant in any district when such location is necessary and unavoidable and provided that all reasonable protection is afforded to adjacent properties by means of location, design, screening or otherwise.

(5)

A business use in any R District on a lot that adjoins an M District on one side, but not extending more than 100 feet from the district line.

(6)

A commercial parking lot for passenger vehicles only in any R District on a lot that sides upon a B District, but not extending more than 100 feet from the district line, provided that such lot shall be used only for free parking by patrons or employees of one or more establishments located in the adjacent B District, or as a municipal parking lot, in which case parking fees may be collected and subject to the regulations and provisions in sections 108-767(d) and 108-788.

(7)

Special building-moving exceptions.

a.

An exception to the prohibition against the moving of houses is permitted, provided that the board finds that the following conditions and standards are met:

1.

That the moving of said buildings will not adversely affect the uses of adjacent and neighboring property.

2.

That the character of the neighborhood to which the building is being moved will not be adversely affected.

3.

That the building being moved will not unduly adversely affect the value of neighboring properties in the area to which the building is being moved.

4.

That adequate off-street facilities are provided.

5.

That the sidewalks are constructed or will be constructed to the town specifications prior to the occupation of the building for any purpose, if determined necessary by the board.

6.

That all other zoning requirements that apply to new construction are being met.

7.

That a professional registered engineer or architect certifies that said building, as moved, will comply fully within the requirements of any building code in effect within the town at the time of the hearing before the board of appeals.

8.

That a professional registered engineer or architect certifies that the moving of such building will not cause any damage to municipally maintained streets.

9.

That the building to be moved meets all standards set by the county fire marshal or inspector as to all fire safety factors. No building that does not meet all current fire safety standards shall be moved to a new or different location.

b.

There shall be submitted, along with an application for special building-moving exception, a site plan showing the property to which the building is being moved. Said site plan shall show:

1.

The proposed location of the building to be moved.

2.

The location of all sidewalks.

3.

A parking plan that is in accordance with the parking requirements of this chapter.

4.

The location of buildings on all adjacent lots and their relation to the proposed building's location.

c.

The applicant shall submit to the board of appeals a color photograph, not more than 60 days old, of the building that he proposes to move. He shall also provide the board with color photographs, not more than 60 days old, of all buildings located on the lots that abut the property and of all buildings on the opposite side of any street within 50 feet of the site to which the building is to be moved.

d.

In granting a special building-moving exception, the board may specify appropriate conditions and safeguards as it sees fit, in its discretion.

e.

All buildings moved pursuant to this article shall comply completely with all standards herein established and any conditions or safeguards specified by the board of appeals within 90 days of the issuance of any moving permit.

f.

Any such house-moving exception so granted shall be contingent on the applicant's therefor depositing with the town a cash bond in an amount to be determined by the board of appeals, but in no event less than $500.00, which said cash bond shall be forfeited to the town if the house or houses being moved pursuant to said exception remain on, or continue to traverse, any public way within the town for more than a total of two days.

g.

Whenever an applicant for a special building-moving exception cancels or withdraws his application after an advertisement for a public hearing in connection with said application has been published, any rescheduling for a public hearing on said application or reapplication for the same exception shall be more than four months after the original public hearing was scheduled.

(8)

In the B-2 Shopping District or B-3 General Business District a special exception to allow a grain silo to be utilized as part of a brewery operation, but not exceeding 35 feet in height.

(c)

In considering an application for a conditional use or other exception, the board of appeals shall give due regard to the nature and condition of all adjacent uses and structures. In authorizing any such use or exception the board may impose such requirements and conditions as to location, construction, equipment, operation and maintenance, in addition to those expressly stipulated in this chapter for the particular use or exception, as the board may deem necessary to prevent or reduce hazardous or congested traffic conditions, odor, dust, smoke, gas, noise or other similar nuisances, and it may impose such other conditions and requirements as may be necessary in its opinion to protect adjacent properties and neighborhoods and prevent conditions which may become obnoxious or offensive. In authorizing a conditional use or exception, subject to compliance with certain conditions, the board may require, from the owners, lessees or tenants of the property for which the conditional use or exception is granted, such evidence, written agreement guaranty or bond as it may deem necessary to ensure that the conditions stipulated by the board are being and will be complied with. Any such written agreement may be required by the board to be recorded among the land records of the county at the expense of the applicant.

(Code 1977, § 107-69(D); Ord. No. 2000-10, 9-25-2000; Ord. No. 2022-08, 12-12-2022)

The board of appeals may authorize the issuance of a zoning certificate, after a public hearing, for any of the following:

(1)

The substitution for a nonconforming use for another nonconforming use if no structural alterations are made except those required by law or regulation; provided, however, that in any R or B District, no change shall be permitted to any use prohibited in an M-1 District.

(2)

The extension of a building devoted to a nonconforming use or the construction of additional buildings, or the extension of a nonconforming use of land, where any such extension is necessary and incidental to the continuation of the existing use but is not authorized by section 108-670(3)a. No such extension or addition shall be deemed to extend or otherwise affect the date when such nonconforming use or building must be changed or removed, if subject to any of the provisions of section 108-670(2).

(Code 1977, § 107-69(E); Ord. No. 2000-10, 9-25-2000)

(a)

Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of the ordinance from which this chapter is derived, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property or of the use of development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this article would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this chapter, the board shall have the power upon appeal in specific cases, filed as herein before provided, to authorize such variance from the terms of this chapter as will relieve such hardship, so that the spirit and purpose of this chapter shall be observed and substantial justice done. In authorizing a variance, the board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of this chapter and in the public interest. In authorizing a variance, with attached conditions, the board may require such evidence and guaranty, or bond, as it may deem necessary that the conditions attached are being and will be complied with.

(b)

No such variance in the provisions or requirement of this chapter shall be authorized by the board unless the board finds, by a preponderance of the evidence, that all the following facts and conditions exist:

(1)

That there are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district.

(2)

That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.

(3)

That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purpose of this chapter or the public interest.

(c)

No grant of a variance shall be authorized unless the board specifically finds that the condition or situation of the specific piece of property or the intended use of said property for which variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formation of a general regulation for such condition or situation to be adopted by the Mayor and Council as an amendment to this chapter.

(Code 1977, § 107-69(F); Ord. No. 2000-10, 9-25-2000; Ord. No. 2019-04, 6-24-2019)

Where, in this chapter, certain powers are conferred upon the board of appeals or the approval of the board of appeals is required before a permit may be issued, or the board is called upon to decide certain issues, such board shall study the specific property involved and the neighborhood, cause the property to be posted in a conspicuous place, hold a public hearing and consider all testimony and data submitted, and it shall hear any person for or against the issuance of the permit. However, the application for the permit shall not be approved where the board finds the proposed building, addition, extension of the building or use, sign, use or change of use would adversely affect the public health, safety, security, morals or general welfare or would result in dangerous traffic conditions or would jeopardize the lives or property of other people in the neighborhood. In deciding such matters, the board shall give consideration, among other things, to the following:

(1)

The purpose, application, interpretation and standards of these regulations as set forth in article I of this chapter.

(2)

Decisions of the circuit court for the county and the court of appeals of the state.

(3)

The orderly growth and improvement of the neighborhood and community.

(4)

The most appropriate use of land and structures in accordance with a comprehensive plan.

(5)

Facilities for sewers, water, schools, traffic, transportation and other services, and the ability of the town or other public agency to supply such services.

(6)

The limitations of firefighting and rescue equipment and the means of access for fire and police protection.

(7)

The probable effect of such use upon the peaceful enjoyment of people in their homes.

(8)

The number of people residing, working or studying in the immediate vicinity.

(9)

The type, character and use of structures in the vicinity, especially where people are apt to gather in large numbers such as in schools, churches, theaters and the like.

(10)

Traffic conditions, including facilities for pedestrians such as sidewalks and safety zones and parking facilities available and the access of cars to highways.

(11)

The preservation of cultural and historic landmarks.

(12)

The conservation of property values.

(13)

The probable effect of odors, dust, gas, smoke, fumes, vibration, glare or noise upon the uses of surrounding properties.

(14)

The contribution, if any, such proposed use, building or addition would make toward the deterioration of areas and neighborhoods.

(Code 1977, § 107-70; Ord. No. 2000-10, 9-25-2000)

Where the board of appeals approves an exception, variance or other application or appeal under these regulations, such approval shall not change the use classification of the building or premises, or give it any status as a nonconforming use other than it may already have had, or qualify any adjacent property for any special treatment, such as an exception or variance, nor shall there be another change of use without approval of the board.

(Code 1977, § 107-71; Ord. No. 2000-10, 9-25-2000)