The administration of Article IX regulating the subdividing of property and governing the comprehensive zoning or rezoning of property including the regulating of the use of both land and structures on the land shall be by the rules contained in this section.

1. Environmental Management Administrator–Established.
   1. The position of Environmental Management Administrator is hereby established.
   2. The Environmental Management Administrator, known here afterwards as the "Administrator," shall be appointed by the Mayor and confirmed by the Town Council. The Administrator may be a person, commission, or agency of the Town or Council.
   3. The Administrator shall serve at the pleasure of the Mayor and Council shall receive such compensation as determined by them.
2. Duties. The administrator shall:
   1. Act as Secretary to the Planning and Zoning Commission and Board of Appeals.
   2. On behalf of the Town Council and all boards and commissions, the Administrator shall accept and process petitions for zoning text and map changes; accept and process applications for zoning certificates and site plan reviews; enforce the subdivision and zoning ordinances of the Town and make inspections related thereto; carry out other duties as assigned by the various boards and commissions in order to implement the Town plan and attain the purposes set forth in the subdivision and zoning ordinances.
3. Board Of Appeals–Established. Pursuant to Article 66B, Section 4.07 of the Annotated Code of Maryland, the Burkittsville Board of Appeals is hereby created. It shall consist of three (3) members and one (l) alternate member, who shall serve in the absence of any regular member. All members shall be appointed by the Mayor and confirmed by the Town Council. The terms of the office of the initial members of the Board shall be for terms of one (l), two (2) and three (3) years respectively. Thereafter, each member shall be appointed for a three (3) year term.
4. The powers, duties and responsibilities of the Board shall be as described in Article 66B, Section 4.07 of the Annotated Code of Maryland, as amended.
5. The denial of a zoning certificate, by the Administrator, shall entitle the applicant for said certificate to file an appeal before the Board of Appeals. In addition, any other person aggrieved by a decision of the Administrator or other person affected by the decision of the Administrator, as provided in Article 66B, Section 4.07(e), may file an appeal to the Board of Appeals. The Administrator shall see that proper advertisement, notification to adjacent property owners, and the posting of the property occur at least fifteen (15) days prior to the public hearing. The zoning certificate shall be used as the application before the Board.
6. Variances.
   1. Application for a variance shall be filed only by a person or persons with a financial, contractual, or proprietary interest in the property in question or by his or her authorized agent.
   2. The Board may authorize a variance from the height, lot area, parking, and yard requirements only when specific findings are made to the Board's satisfaction that each of the following conditions are met:
      1. Whereby reason of exceptional narrowness, shallowness, shape, topographical conditions, or other extraordinary situations or conditions peculiar to the specific parcel of property, or of the use of the property or property immediately adjacent, the strict application of these regulations would result in peculiar or unusual practical difficulties to, or exceptional or undue hardship upon, the owner of such property;
      2. The variance requested is the minimum reasonably necessary to overcome the extraordinary or exceptional conditions applicable to the property;
      3. That the literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance and
      4. That granting the variance will not confer on the applicant any special privilege that is denied by this Ordinance to other lands or structures in the same district;
      5. That the granting of the variance will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and
      6. No variance shall be granted in any case where the applicant or their agent has created or caused to be created a situation which would or has necessitated the issuance of a variance in order for such property to comply with this Ordinance.
   3. In granting the variance, the Board of Appeals may prescribe appropriate and specific conditions and safeguards, including location, construction, maintenance, and operation in conformity with the Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be a violation of this Ordinance.
   4. Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this Ordinance in the zone involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said zone.
7. Special Exceptions.
   1. Application for a special exception may be filed only by a person or persons with a financial, contractual, or proprietary interest in the property for which the exception is requested. The Board may authorize special exceptions included in Section 9.08 of this Ordinance only when the Board finds that the following conditions exist:
      1. The proposed use is in harmony with the purpose and intent of the Comprehensive Plan and this Zoning Ordinance.
      2. The characteristics of the use and its operation on the property in question and in relation to adjacent properties will not create any greater adverse impact than the operation of any permitted use not requiring special exception approval.
      3. That the proposed activity will comply with all conditions and requirements set forth in Section 9.08 of this Ordinance.
   2. The Board may attach to the approval any special conditions in addition to those specified in the Ordinance which it finds are necessary to protect adjacent properties and the general neighborhood and to carry out the intent of this Ordinance. Violation of such additional conditions is a violation of this Ordinance and may be grounds for termination of the special exception. The Board may require the installation, operation, and maintenance of devices and methods of operation as may, in its opinion, be reasonably required to prevent or reduce hazardous or congested traffic conditions, odor, dust, smoke, gas, noise, or similar nuisances. The Board 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 special exception, subject to compliance with certain conditions, the Board shall require from the owners, lessees, or tenants of the property for which the special exception is granted such evidence, written agreement, guarantee, or bond as it may deem necessary, to ensure compliance with the conditions stipulated by the Board. Any such written agreement may be required by the Board to be recorded among the land records of Frederick County, at the expense of the applicant.
   3. No use or activity permitted by special exception shall be enlarged or extended beyond the limits authorized in the grant of special exception. Changes from one special exception use to another use permitted by special exception shall require approval by the Board.
8. Temporary Uses. The Board may authorize the temporary use of a building or property in any zoning district for a purpose or use that does not conform to the regulations prescribed by this Ordinance for the zoning district in which it is located; provided, that such use be of 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 not more than a six (6) month period subject to such conditions as will safeguard the public health, safety, convenience, and general welfare. Such certificate shall not be renewed for more than two (2) successive six (6) month periods.
9. Planning And Zoning Commission–Established. Pursuant to Section 3.01, et. seq. of Article 66B of the Annotated Code of Maryland, the Burkittsville Planning and Zoning Commission is hereby reestablished. The Commission shall consist of five (5) members, who shall be appointed by the Mayor and confirmed by the Town Council. In addition, the Mayor with confirmation of the Town Council may appoint an alternate member. The terms of office of the members of the Commission shall be for five (5) years, except that the initial appointments to the Commission shall be for terms of one (l), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, appointments shall be for a term of five (5) years.
10. The powers, duties and responsibilities of the Commission shall be as stated in Article 66B, Sections 3.04 and 3.05 of the Annotated Code of Maryland, including, but not limited to, the following:
    1. Preparation, Approval and Recommendation of Comprehensive Plan; Elements of Plan. It shall be the function and duty of the Commission to make and approve a plan which shall be recommended to the local legislative body for adoption and which shall serve as a guide to public and private actions and decisions to ensure the development of public and private property in appropriate relationships and which shall include any areas outside of the boundaries of the plan which, in the Commission's judgment, bear relation to the planning responsibilities of the Commission. The elements of the plan may be expressed in words, graphics, or other appropriate form. They shall be interrelated, and each element shall describe how it relates to each of the other elements and to the statement of objectives, principles, policies, and standards.
    2. Plans for Major Geographic Sections. The Commission may from time to time approve and publish a plan as defined in Subsection (j)(1) of this Section for one (1) or more major geographic sections or divisions of the jurisdiction.
    3. Miscellaneous Powers and Duties. The Commission shall have power to promote public interest in and understanding of the plan. The Commission shall from time to time recommend to the appropriate public officials programs for public structures, improvements and land acquisitions, and for their financing. It shall be part of its duties to consult public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens with relation to the protecting or execution of the plan. The Commission shall have the right of protection or execution of the plan. The Commission shall have the right to accept and use gifts and public or private grants for the exercise of its functions. All public officials shall, upon request, furnish to the Commission within a reasonable time that available information as it may require for its program. The Commission, its members, officers, and employees, in the performance of their functions may enter upon any land and make examinations and surveys. In general, the Commission shall have those powers as may be necessary to enable it to fulfill its functions, promote planning, or execute the purposes and powers granted to it under Article 66B, Sections 3.04 and 3.05.
    4. In preparing the plan, the Commission shall carefully and comprehensively survey and study:
       1. 1. Present conditions;
          2. Projections of future growth of the local jurisdiction; and
          3. The relation of the local jurisdiction to neighboring jurisdictions.
       2. The Commission shall make the plan with the general purpose of guiding and accomplishing the coordinated, adjusted, and harmonious development of the local jurisdiction and its environs.
       3. A plan shall promote, in accordance with present and future needs:
          1. The health, safety, morals, order, convenience, prosperity, and the general welfare of the local jurisdiction; and
       4. A plan shall provide for:
          1. Transportation needs;
          2. The promotion of public safety;
          3. Light and air;
          4. The conservation of natural resources;
          5. The prevention of environmental pollution;
          6. The promotion of a healthful and convenient distribution of population;
          7. The promotion of good civic design and arrangement;
          8. The wise and efficient expenditure of public funds;
          9. Adequate public utilities; and
          10. An adequate supply of other public requirements.
    5. Recommendations as to District Boundaries and Regulations; Reports. In order that a County or municipal corporation may avail itself of the zoning powers conferred by this Article, it shall be the duty of the Commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such Commission shall make a preliminary report and hold at least one (1) public hearing thereon before submitting its final report and recommendation to the Mayor and Town Council, which shall not hold its public hearings or take action until it has received the final report of such Commission.
11. Appointments. All appointments to a Board or Commission shall be made by the Mayor and confirmed by the Town Council.
12. Filling Of Vacancies. When a vacancy occurs on a Board or Commission, the Mayor, with the confirmation of the Town Council, shall appoint a person to fill the remainder of the unexpired term.
13. Decisions. Any decision of the Planning and Zoning Commission, Board of Appeals or Zoning Administrator shall be confirmed in writing to the applicant, which written decision shall include and confirm any vote taken and the basis for the decision.