Chesapeake City City Zoning Code
PART 2
Administration and Enforcement
§ 120-2.1.1 Zoning Administrator.
A.
Establishment. It shall be the duty of the Zoning Administrator to administer and enforce this chapter and to take all actions that are required by this chapter.
B.
Enforcement. If the Zoning Administrator finds that this chapter is being violated, he/she shall notify in writing the person responsible for such violations, indicate the nature of the violation and order action necessary to correct it. The Zoning Administrator shall:
(1)
Order discontinuance of the illegal use of land, buildings, or structures;
(2)
Order removal of illegal buildings or structures or of additions, alterations, or structural changes thereto;
(3)
Order discontinuance of any illegal work being done; or
(4)
Take any other action authorized to ensure compliance or to prevent violation.
C.
Issuance of permits. The Zoning Administrator shall issue permits for the erection, construction, addition, demolition, moving or structural alteration of buildings and structures and for the use of land.
[Amended 12-8-2014 by Ord. No. 11052014; 7-13-2020 by Ord. No. 2020-004; 8-14-2023 by Ord. No. 2023-002; 5-22-2023 by Ord. No. 2023-003]
(1)
"Level 1 permits" shall be defined as projects having a minor zoning impact and shall include, but not be limited to: fences, walls, siding, windows, roofs, steps, stairs, solar panels, signs, water and/or sewer service change, and demolition.
(2)
"Level 2 permits" shall be defined as projects having a major zoning impact and shall include, but not be limited to: additions, new structure or building, accessory structure, renovation, pool, deck, porch, paver patio, driveway, parking lot, or change of use.
(3)
Level 2 applications for permits for projects in which the value of the work to be performed exceeds $7,500 shall be referred to the Planning Commission. The Planning Commission shall promptly review such applications and make a recommendation regarding approval or disapproval. The Planning Commission may not issue a permit unless such permit is approved by a majority vote as set forth in § 120-2.1.2D(5) herein. All Level 1 applications for permits regardless of value, as well as Level 2 applications for permits for projects in which the value of work does not exceed $7,500, need not be referred to the Planning Commission and permits may be issued by the Zoning Administrator without Planning Commission approval unless the Zoning Administrator requests Planning Commission review, or unless Planning Commission approval is specifically required by a provision of this chapter.
(4)
No building or other structure shall be erected, moved, added to, or structurally altered, or use of land shall be changed, without a permit authorizing such work.
(5)
No permit shall be issued except in conformity with this chapter.
D.
Notice to Critical Area Commission. When the Town receives an application for any development, subdivision, site plan, rezoning, special exception, variance, or timber harvesting pertaining to land in the critical area, the Zoning Administrator shall send official notification thereof and a copy of the application to the Critical Area Commission, except that referral to the Critical Area Commission shall not be required when:
[Amended 5-22-2023 by Ord. No. 2023-003]
§ 120-2.1.2 Planning Commission.
A.
Establishment. The Planning Commission shall have the authority to:
(1)
Prepare and recommend a Comprehensive Plan for the Town of Chesapeake City and review and update, as needed, the plan at least once every 10 years;
[Amended 5-22-2023 by Ord. No. 2023-003]
(2)
Advise the Mayor and Council on all matters relating to the orderly planning and growth of the Town.
[Amended 5-22-2023 by Ord. No. 2023-003]
(3)
Prepare and recommend amendments to this chapter, including the Official Zoning Map;
(4)
Review and make recommendations to the Board of Appeals on special exceptions based on findings of fact;
(5)
Review proposed public facilities for consistency with the Comprehensive Plan and, prior to the Town's adoption or amendment, review and make a recommendation on the Capital Improvements Plan;
[Amended 5-22-2023 by Ord. No. 2023-003]
(7)
Review and decide on requests for certain modifications to site plan requirements including parking, landscaping, and building design modification;
(8)
Review and decide on subdivision plats;
(9)
Prepare, adopt, and distribute an annual report; and
(10)
Conduct other activities and duties as set forth in this chapter, or as requested by the Mayor and Council, or and as provided for by the Land Use Article of the Annotated Code of Maryland.
[Amended 5-22-2023 by Ord. No. 2023-003]
B.
Membership.
[Amended 11-13-2012 by Ord. No. 10.9.2012]
(1)
The Planning Commission shall consist of seven members, who are residents of the Town. All members shall be appointed by the Town Council.
(2)
One member shall be a member of the Town Council, who shall serve in an ex officio capacity, and shall be a voting member. The term of this member shall correspond to the member's official term as a member of the Town Council. The term on the Planning Commission of the member of the Town Council shall cease at such time the member's current term on the Town Council ends. The Town Council may reappoint the Councilmember to the Planning Commission in the event the Councilmember is reelected to a subsequent term on the Town Council.
(3)
Members, other than the member of the Town Council serving in an ex officio capacity, shall be appointed for five-year terms and terms of appointment shall be staggered. Notwithstanding the above, the term of a Planning Commission member who is elected to the Town Council during that member's term shall end upon the member's swearing in as a member of the Town Council.
(4)
Vacancy in membership for an unexpired term shall be filled for the unexpired term by appointment by the Town Council. The Town Council shall consider a recommendation from the Planning Commission if one is provided.
D.
Meetings.
(1)
The Planning Commission shall establish a regular meeting schedule and shall meet frequently enough so that it can take action on all complete applications in an expeditious manner. The Planning Commission shall hold meetings quarterly or more often as the Planning Commission's duties require. If there is no business before the Planning Commission, the Chairperson may cancel the meeting. The Planning Commission shall hold regular meetings at a regular schedule to conduct the business to be brought before it and shall at least meet every three months or four times per year.
(2)
Special meeting of the Commission may be called by the Chairperson.
(3)
All Commission meetings shall be open to the public.
(4)
Four members of the Commission shall constitute a quorum.
(5)
No action of the Commission shall be valid unless authorized by a majority vote of those present and voting.
(6)
The Chairperson and Vice Chairperson may take part in all deliberations and vote on all items.
E.
Proceedings of the Planning Commission.
(1)
The Commission shall adopt written rules necessary to the conduct of its affairs.
(2)
All meetings shall be open to the public.
(3)
The Commission shall 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.
(4)
Decisions based on findings of fact. All decisions of the Planning Commission, whether favorable or unfavorable to the applicant, shall be based on and supported by written findings of fact pertaining to the case under review. No decision of the Planning Commission shall be final until the written decision of the Commission is signed and filed.
F.
Modifying the provisions of this chapter. The Planning Commission may, upon the review of a site plan, but only where and as so provided in this chapter, modify certain provisions upon its finding that such modification is the minimum necessary to faithfully implement the purposes of this chapter and implement the adopted Comprehensive Plan. This authority is distinctly different from the authority to grant a variance as provided in § 120-2.2.5, which authority rests solely with the Board of Appeals.
G.
Appeals. Any person aggrieved by a decision of the Planning Commission and desiring to appeal such decision may file a petition for judicial review through the Circuit Court of Cecil County.
§ 120-2.1.3 Board of Appeals.
A.
Establishment. The Board of Appeals shall have the authority to:
(1)
Hear and decide appeals from any order, requirement, decision, action, or determination made by the Zoning Administrator. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Administrator from whom the appeal is taken. The Board of Appeals is only authorized to hear and decide on appeals of the Zoning Administer and no other agency or body.
[Amended 5-22-2023 by Ord. No. 2023-003]
B.
Membership.
(1)
The Board shall consist of five members who are residents or property owners in the Town. The Town Council shall appoint the members.
(2)
Members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term.
(3)
The Town Council shall designate one alternate member for the Board of Appeals who may be empowered to sit with the Board in the absence of any member of the Board, and when the alternate is absent the Town Council may designate a temporary alternate.
C.
Proceedings of the Board of Appeals.
(1)
The Board shall adopt rules necessary to the conduct of its affairs. Meetings shall be held at the call of the Chairperson. The Chairperson or, in his/her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses.
(2)
All meetings shall be open to the public.
(3)
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 such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record.
(4)
Decisions based on findings of fact. All decisions of the Board, whether favorable or unfavorable to the applicant, shall be based on and supported by written findings of fact pertaining to the case under review. No decision of the Board shall be final until the written decision of the Board is signed and filed.
D.
Special procedural provisions.
(1)
The concurring vote of the majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
(2)
If any application or request is disapproved by the Board, thereafter the Board shall not accept application for substantially the same proposal on the same property for a period of one year from the date of such disapproval.
(3)
If an appeal to the Board is filed and the public hearing date set and public notice given, and thereafter the applicant withdraws the appeal, the applicant shall not file another application for substantially the same proposal on the same property for a period of one year from the date of withdrawal.
§ 120-2.1.4 Historic District Commission.
B.
Membership.
(1)
The Mayor and Town Council shall appoint the members of the Commission.
(2)
The Commission shall consist of seven members, all of whom, insofar as is possible, are qualified by special interest, knowledge or training in such fields as history, architecture, preservation or urban design.
(3)
All of the Commission members shall be residents of the Town. At least three of the members shall be residents of the Historic District Area. Effective with the first vacancy on the Commission upon adoption of this chapter, one member shall be a sitting member of the Town Council.
(4)
Members of the Commission shall be appointed for a three-year term. Any vacancy on the Historic District Commission shall be filled by the Mayor and Town Council for the unexpired term.
[Amended 5-22-2023 by Ord. No. 2023-003]
C.
Proceedings of the Historic District Commission.
(1)
The Commission shall adopt rules of procedure as needed to conduct its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson.
(2)
The Commission shall organize annually and, by election, shall select from its membership a Chairperson, Vice Chairperson and a Secretary.
(3)
Meetings shall be open to the public.
(4)
Any interested person is entitled to appear and to be heard by the Commission before it reaches a decision on any matter.
(5)
The Historic District Commission shall keep an open record of its resolutions, proceedings, and actions which shall be kept available for public inspection during reasonable business hours.
(6)
Four members of the Commission shall constitute a quorum for the transaction of business, and a majority vote of the members present shall control the action of the Commission.
D.
Decisions based on findings of fact. All decisions of the Commission, whether favorable or unfavorable to the applicant, shall be based on and supported by written findings of fact pertaining to the case under review. No decision of the Commission shall be final until the written decision of the Commission is signed and filed.
§ 120-2.1.5 Mayor and Town Council.
A.
General duties of Mayor and Town Council. The duties of the Mayor and Town Council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise.
B.
Specific duties of Mayor and Town Council. Under this chapter, the Mayor and Town Council shall have the following duties:
(1)
To consider and decide on proposed amendments or the repeal of this chapter, as provided by law.
(2)
To consider and decide on annexation petitions upon receiving a recommendation from the Planning Commission per § 120-3.4.1 of this chapter.
(3)
To enter into public works agreements and other development agreements as necessary and allowed by law to implement this chapter.
(4)
To establish a Schedule of Fees, fees-in-lieu, and charges.
(5)
To appoint qualifying members of commissions and boards.
(6)
To remove any member of a commission or board established by this chapter for inefficiency, neglect of duty, or malfeasance in office after providing written notice of charges and conducting a public hearing.
§ 120-2.2.1 Zoning permits and occupancy permits.
A.
Zoning permit required.
(1)
Any structure lawfully constructed before approval of these regulations may be maintained in the same size, material, manner, location, and construction. Routine repairs to replace damaged or worn-out portions may be performed without requiring a Town zoning permit. Any changes to material, size, dimension, manner, construction, or location require a Town zoning permit as new construction. Repair/replacement of existing structures does not indemnify the owner from encroachments on adjacent properties, or requirements for any state or county permits.
[Added 8-14-2023 by Ord. No. 2023-002[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection A(1) through A(3) as Subsection A(2) through A(4), respectively.
(2)
A zoning permit certifies that an application complies with this chapter. Before an individual does any of the following, he or she must obtain a zoning permit: erect a building or structure, or enlarge, move, add to, or structurally alter a building, or excavate for a building or structure, or initiate any development activities pursuant to an approved site plan or subdivision plat.
(3)
The Planning Commission shall issue zoning permits for approved Category 1 site plans (plans for commercial, multifamily residential and institutional developments, for example) and major subdivision plats.
(4)
The Planning Commission shall issue zoning permits for approved Category 2 site plans (plans for single-family homes and additions, for example) and minor subdivision plats unless it has delegated such authority to the Zoning Administrator through its adoption of its written rules of procedure.
B.
Expiration of zoning permit.
[Amended 8-14-2023 by Ord. No. 2023-002]
(1)
A zoning permit shall automatically expire one year from the date of its issuance if no work described in the permit has begun, or if such work has been suspended or abandoned. The Zoning Administrator shall cancel the permit and provide written notice thereof to the persons affected.
(2)
If work described in any zoning permit has not been substantially completed within two years of the date of issuance, unless work is satisfactorily proceeding thereon, the Zoning Administrator shall cancel the permit and provide written notice thereof to the persons affected.
(3)
If work described in any zoning permit has not been substantially completed within one year, due to just cause, the Town's Zoning Administrator is authorized to grant, in writing, one extension for a time period of not more than one year, subject to payment of the zoning application fee. An extension shall be requested, in writing, with justifiable cause demonstrated.
(4)
No work on a cancelled permit may proceed unless and until a new zoning permit and a zoning permit fee has been issued.
C.
Occupancy permits for new, altered, or nonconforming uses.
(1)
It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until an occupancy permit shall have been signed by the Zoning Administrator and issued by the County Permits and Inspections Division, stating that the proposed use of the building or land conforms to the requirements of this chapter.
[Amended 5-22-2023 by Ord. No. 2023-003]
(2)
No nonconforming structure or use shall be renewed, changed, or extended until the Zoning Administrator shall have issued an occupancy permit. The occupancy permit shall state specifically wherein the nonconforming use differs from the provisions of this chapter.
[Amended 5-22-2023 by Ord. No. 2023-003]
(3)
An applicant for an occupancy permit involving a change of use of a building shall first submit the application to the Cecil County government for review and comment and then to the Zoning Administrator for permit review.
(4)
A temporary occupancy permit may be issued for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary permit may require such conditions and safeguards as will protect the safety of the occupants and the public.
(5)
As-built site plans. Two copies of the as-built site plan certified by an engineer shall be submitted to the Zoning Administrator prior to issuance of an occupancy permit for any building shown on a Category 1 site plan.
[Amended 5-22-2023 by Ord. No. 2023-003]
(6)
The Zoning Administrator shall maintain a record of all occupancy permits and copies shall be furnished upon request to any person.
[Amended 5-22-2023 by Ord. No. 2023-003]
D.
Construction and use to be as provided in applications, plans, certificates, and permits.
(1)
Zoning permits and occupancy permits authorize only that which is set forth on approved plans and applications, and no other use, arrangement, or construction.
[Amended 5-22-2023 by Ord. No. 2023-003]
(2)
Use, arrangement, or construction differing with that authorized shall be deemed a violation of this chapter.
§ 120-2.2.2 Building and demolition permits.
A.
Purpose of building permit. A building permit certifies that an application complies with the Cecil County Building Code as may be supplemented, amended, and revised from time to time.
B.
Building permit required.
[Amended 9-9-2013 by Ord. No. 08.12.2013; 12-8-2014 by Ord. No. 11052014; 8-14-2023 by Ord. No. 2023-002]
(1)
Before any of the following can take place, an applicant must obtain a building permit: erect a building or structure, or enlarge, move, add to or structurally alter a building without the requisite reviews and approvals, or excavate for a building or structure, or initiate any construction activities pursuant to an approved development site plan or subdivision plat. Nothing in this section shall be construed to allow any changes in use, including a change in use to a formula business, as defined in § 120-9.2.1 of this chapter, regardless of the need for or lack of any deviations or physical changes proposed for an existing building or proposed development, without obtaining the necessary approvals from the Town.
C.
Cecil County permit and inspection approval required. If required, before the Zoning Administrator can issue a zoning permit, the Cecil County Permits and Inspection Division shall have reviewed and approved the required plans and issued a county building permit.
[Amended 8-14-2023 by Ord. No. 2023-002; 5-22-2023 by Ord. No. 2023-003]
D.
Conditions and restrictions on a building permit.
(1)
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards on the building permit.
(2)
The Zoning Administrator may place conditions on the issuance of a building permit.
(3)
Violation of such conditions and safeguards, when made a part of the terms under which a variance is granted or a permit is issued, shall be deemed a violation of this chapter.
E.
Demolition permits required.
(1)
Before any activities to demolish or remove, in whole or part, any building or structure an applicant must first obtain a demolition permit from the Zoning Administrator and Cecil County government, which permit may be subject to an applicable fee set forth in the Town's Schedule of Fees.
(2)
The Zoning Administrator may place conditions on the issuance of a demolition permit.
(3)
Prior to issuing a demolition permit in the Historic District, the Zoning Administrator shall first forward the application to the Historic District Commission for review.
F.
Expiration of demolition permit. Every permit issued shall become null and void if the work authorized by such permit has not commenced within one year after its issuance or if the work authorized by such permit is suspended or abandoned for a period of one year after the work is commenced. The Town's Zoning Administrator is authorized to grant in writing one or more extensions of time for periods of not more than one year each subject to payment of an applicable fee for each such extension, which fee amount shall be set forth in the Town's Schedule of Fees. The extension shall be requested in writing with justifiable cause demonstrated.
[Amended 8-14-2023 by Ord. No. 2023-002]
§ 120-2.2.3 Amendments.
A.
Who may initiate. Proposals for amendment, supplement, change, modification, or repeal may be initiated by the Town Council on its own motion, by the Planning Commission, or by petition of one or more owners of property to be affected by the proposed amendment, subject to the following provisions:
(1)
Proposals originated by the Town Council. The Town Council shall refer every proposal originated by the Town Council to the Planning Commission. Within 60 days of the submission, the Planning Commission shall submit to the Town Council a report containing the Planning Commission's recommendations, including any additions or modifications to the original proposal.
(2)
Proposals originated by the Planning Commission. The Planning Commission may at any time transmit to the Town Council a proposal.
(3)
Proposals originated by a citizens petition. Each petition by one or more owners of property to be affected by a proposal for amendment, supplement, change, or modification shall be submitted on forms provided therefor to the Zoning Administrator. On receipt of said petition, the Zoning Administrator shall transmit a copy of the petition to the Planning Commission.
(4)
All amendments shall be the subject of a public hearing conducted by the Planning Commission. The Planning Commission shall conduct the hearing within 60 days of submission of a proposed amendment and then, within 45 days following a public hearing, the Commission shall submit a report to the Town Council containing the Commission's recommendations, including any additions or modifications of the original proposal. Failure to submit a report within 45 days shall be deemed approval of the petition by the Planning Commission. The Town Council shall defer action on a petition until the recommendations of the Planning Commission are received and reviewed or until 45 days have elapsed, whichever may occur first.
B.
Criteria for a valid Zoning Map change. Except as part of a comprehensive rezoning of the Town of Chesapeake City, the Town Council shall approve no amendment to the Official Zoning Map unless it first finds upon a preponderance of evidence that either of the following criteria have been met:
C.
Town Council public hearing and notice.
(1)
No such amendment, supplement, change, modification, or repeal shall become effective until after a public hearing by the Town Council in relation thereto.
(2)
When such hearing concerns a Zoning Map change, the Town shall post in a conspicuous place on the property involved a notice of pending action, such posting to take place at least 15 days prior to the date fixed for public hearing.
(3)
When such hearing concerns a Zoning Map change, the Town shall give written notice of the time and place of such hearing, sent by registered mail to the applicant and to the owners of property contiguous to or opposite the property affected.
§ 120-2.2.4 Administrative adjustments.
A.
By authority of the Zoning Administrator. The Zoning Administrator is authorized to make certain administrative adjustments that are in harmony with the general purpose and intent of this chapter, in the specific instances set forth herein, where the Zoning Administrator makes findings of fact in accordance with the standards prescribed and finds that there are practical difficulties in carrying out this chapter.
B.
Procedures.
(1)
All applications for administrative adjustments shall be filed with the Zoning Administrator on a form provided by the Town.
(2)
The Zoning Administrator is authorized to approve administrative adjustments, after having determined that the submission is complete and finding that the request meets the requirements for granting an administrative adjustment.
(3)
Within 15 days, the Zoning Administrator shall decide to approve the application, approve the application subject to specific conditions, or deny the application. The Zoning Administrator's decision shall be based on written findings of fact and may impose such conditions or restrictions upon the premises as may be necessary to comply with the standards and purposes established in this chapter.
(4)
The Zoning Administrator shall transmit a copy of the decision to the applicant and all other persons previously receiving notice of the application.
C.
Permitted administrative adjustments. Administrative adjustments may be granted only for the following:
(1)
Setbacks. To permit setbacks of up to 10% less than required by applicable regulations.
(2)
Lot coverage. To permit lot coverage of up to 10% more than required by applicable regulations, except within the critical area.
(3)
Building height. To permit a building height of up to 5% more than required by applicable regulations.
(4)
Signs. As provided in § 120-6.5.10 of this chapter.
D.
Adjustments for nonconforming lots prohibited. The Zoning Administrator may not approve administrative adjustments when the minimum lot width and area requirements for the property are not met.
E.
Review criteria and findings. The Zoning Administrator shall not grant an administrative adjustment unless he/she makes findings based upon the evidence presented in each specific case that:
(1)
Practical difficulties. The particular physical surroundings, shape or topographical conditions of the subject property result in practical difficulties for the owner, which have not been created by any persons having an interest in the property.
(2)
Unique conditions. The conditions upon which an application for an adjustment is based are unique to the subject property and are not applicable, generally, to other property within the same zoning classification.
(3)
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.
F.
Expiration of approval.
(1)
No decision granting an administrative adjustment shall be valid for a period longer than one year from the date of the decision, 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.
(2)
The Zoning Administrator may, upon a showing of good cause, grant one six-month extension of an administrative adjustment, provided that a written application for extension is filed while the decision is still valid.
§ 120-2.2.5 Variances.
A.
By authority of the Board of Appeals. A property owner may apply to the Board of Appeals for a variance from the strict application of the terms of this chapter in order to avoid unwarranted hardship to the applicant; provided, however, that this shall be narrowly construed and applied by the Board in order to avoid undermining the purpose, integrity, intent and generally uniform application of this chapter.
B.
Procedures. Applications for a variance shall be submitted to the Zoning Administrator and shall include written statements addressing the following:
(1)
The specific provisions from which a variance is sought.
(2)
The nature and extent of the variance sought.
(3)
The special conditions of the property which would make a variance necessary.
(4)
A statement indicating why the variance should be granted.
(5)
The description of the alleged hardship that is caused by the physical surroundings, shape or topographical conditions of the subject property.
C.
Public hearing required. No variance shall be authorized by the Board until a public hearing has been held on it.
D.
Burden of proof. The applicant for a variance shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact that are to be determined by the Board of Appeals.
E.
Decision on variances; standards. The Board of Appeals shall not grant a variance unless it makes findings of fact in writing based upon the evidence presented to it in each specific case that each of the following standards are met:
(1)
Because of the particular physical surroundings, shape or topographical conditions of the subject property, 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. The alleged hardship shall relate to the land not to personal circumstances.
(2)
The conditions upon which a petition for a variance 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.
(3)
The alleged hardship has not been created by the present owner or any previous owners of the property.
(4)
The granting of the variance will be in harmony with the general purpose and intent of this chapter and will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(5)
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.
(6)
Within the intent and purpose of this chapter, the variance, if granted, is the minimum variance necessary to afford relief.
(7)
The granting of a variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the critical area and will be in harmony with the general spirit and intent of the Critical Area Law[1] and the Critical Area Program.
[1]
Editor's Note: See Title 8, Subtitle 18, of the Natural Resources Article of the Annotated Code.
(8)
No nonconforming use of neighboring lands, structures, or buildings in the same zone and no permitted use of lands, structures, or buildings in other zones shall be considered grounds for the issuance of a variance.
F.
Conditions and restrictions.
(1)
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(2)
In granting a variance, the Board may impose such reasonable conditions as will ensure that the use of the property will be as compatible as practical with surrounding properties.
G.
Prohibited variance. Under no circumstances shall the Board of Appeals grant a variance to allow a use not permissible under the terms of this chapter in the zone involved, or any use expressly or by implication prohibited by the terms of this chapter in said zone.
H.
Property in the critical area. If the variance concerns property in the critical area:
(1)
A copy of the application for a variance will be provided to the Critical Area Commission by the Board of Appeals in a timely manner, but no fewer than 14 calendar days prior to the Board's hearing on the matter.
(2)
The Board will promptly forward a copy of its decision to the Critical Area Commission.
I.
Expiration of approval.
(1)
No decision granting a variance shall be valid for a period longer than one year from the date of the decision, 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.
(2)
The Zoning Administrator may, upon a showing of good cause, grant one six-month extension of a variance, provided that a written application for extension is filed while the decision is still valid.
§ 120-2.2.6 Appeals.
A.
Initiation. Any person or agency aggrieved or affected by an action or decision of the Zoning Administrator may appeal such action or decision to the Board of Appeals.
B.
Timing for appeal. An appeal must be taken within a reasonable time of the decision not to exceed 30 days.
C.
Processing and public hearing requirements.
(1)
An appeal shall be filed with the Zoning Administrator and the Board of Appeals, specifying the grounds thereof. The Zoning Administrator shall forthwith transmit all papers constituting the record upon which the decision or action appealed was taken.
(2)
The Board of Appeals shall process all notices of appeal in accordance with the provisions of § 120-2.3.1 of this chapter.
(3)
The Board shall decide the appeal within 30 days of closing its hearing on the appeal.
D.
Scope of decision of the Board. The Board may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Administrator from whom the appeal is taken.
[Amended 5-22-2023 by Ord. No. 2023-003]
E.
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Appeals, after the notice of appeal is filed with him, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Appeals or by the circuit court on application, on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.
§ 120-2.2.7 Special exceptions.
A.
Purpose and intent. There are certain uses which by their nature or design can have an undue impact upon or be incompatible with other uses of land in the same zoning district. These uses may be allowed to locate within given designated zoning districts under the controls, limitations and regulations of a special exception.
B.
Authorization. In consideration of an application filed with the Zoning Administrator, the Board of Appeals may authorize the establishment of a special exception listed in a particular district in Table 1 in Article 4.2 of this chapter.
C.
Status of special exception uses.
(1)
Once a special exception has been approved, any site plan, subdivision plat, building permit, zoning permit or occupancy permit hereafter submitted for the development or use of the property in accordance with the special exception shall conform to the approved special exception, and no development or use shall be approved by the Zoning Administrator in the absence of such conformance.
[Amended 5-22-2023 by Ord. No. 2023-003]
(2)
Once established, the use shall be conducted in strict accordance with any condition or restriction imposed by the Board of Appeals and all other requirements of this chapter. No use shall be enlarged, expanded, increased in intensity or relocated and no condition of the special exception or a new special exception shall be modified unless an application is made and approved for an amendment to the special exception or a new special exception is approved.
(3)
Once a special exception use is approved, the use shall not be considered a nonconforming use but shall be, without further action, considered a conforming one.
D.
Standards. The Board of Appeals shall grant a special exception only if it finds, from a preponderance of evidence of record, that any proposed use submitted for a special exception will meet all of the following general standards as well as any specific standards or conditions listed for the proposed use in § 120-4.2.3:
(1)
The establishment, maintenance and operation of the special exception will not be detrimental to or endanger the public health, safety, or general welfare.
(2)
The special exception shall be such that it will be harmonious in character as well as appropriate in appearance with and will not be injurious to the use and enjoyment of other property in the neighborhood for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
(3)
The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding properties for the uses permitted in the district.
(4)
Adequate utilities, public water and sewer facilities, access roads, drainage and all necessary facilities have been or are being provided.
(5)
The special exception shall be such that pedestrian and vehicle traffic associated with such use will not be hazardous to or unduly conflict with the existing and anticipated traffic in the neighborhood.
(6)
The establishment, maintenance and operation of the special exception are consistent with the Comprehensive Plan.
E.
Burden of proof. The applicant for a special exception shall have the burden of proof, which shall include the burden of going forward with the evidence and the burden of persuasion on all questions of fact that are to be determined by the Board of Appeals.
F.
Conditions and restrictions. The Board of Appeals, in approving a special exception, may impose such conditions and restrictions upon the proposed use as it may deem necessary in the public interest to secure compliance with the provisions of this chapter and to promote implementation of the Comprehensive Plan.
G.
Application procedure.
(1)
The Board shall not grant a special exception unless and until a written application is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.
(2)
Applications for a special exception shall be submitted to the Zoning Administrator. The application shall be completed and shall be accompanied by information which will be necessary to evaluate a given proposed category or use. The Zoning Administrator, upon receipt of a properly completed and documented application, shall refer the application along with pertinent evaluation material to the Board.
(3)
The Board of Appeals shall not grant a special exception unless and until the Planning Commission has reviewed the application and has first made a favorable recommendation to the Board.
(4)
An application for a special exception may be made by a property owner, lessee or contract purchaser. A lessee or contract purchaser must file with the application a copy of the contract or some form of written statement which indicates endorsement of the application by the property owner.
H.
Processing and public hearing requirement. The Board of Appeals shall process all applications for special exception in accordance with the provisions and public hearing requirements provided in § 120-2.3.1 of this chapter.
I.
Termination or revocation.
(1)
Unless a time limit is specified for a special exception, the same shall be valid for an indefinite period of time, except that, if the use or activity should cease for any reason for a continuous period of one year, the special exception shall automatically terminate without notice. The approval of a new special exception shall be required prior to any subsequent reinstatement of the use.
(2)
A special exception shall be revocable on the order of the Board of Appeals at any time because of the failure of the owner or operator of the use covered by the exception to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions in connection with the exception that were designated in issuing the same. Before revoking any special exception, however, the Board of Appeals shall give the holder thereof at least 10 days' written notice of violation. If within 10 days the exception holder so requests, the Board of Appeals shall hold a hearing on the revocation of the exception, giving the applicant advance written notice of the hearing date.
(3)
The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter with respect to violations.
§ 120-2.2.8 Basic information required with zoning and building permit applications.
[Added 9-9-2013 by Ord. No. 08.12.2013; amended 5-22-2023 by Ord. No. 2023-003]
The following information shall be submitted with zoning permit and building permit applications:
A.
For retail and wholesale businesses (to determine status as formula business): articles of incorporation, lease (if applicable), franchise agreement (if applicable), trade name registration, building elevation drawings, sign design, employee uniform policies, menu, management agreement (if applicable), and business affiliation/franchise certification letter issued by the Town Clerk-Treasurer.
§ 120-2.2.9 Violations and penalties.
[Added 9-9-2013 by Ord. No. 08.12.2013]
Any person, firm, or corporation that violates any of the provisions of this chapter by allowing an impermissible use on the land or by constructing or altering any building not in accordance with a plan approved under the regulations herein, or defaces, removes or destroys an official warning, safety or stop work sign, or who interferes with or threatens, in any manner, any person engaged in the performance of a duty required by the terms of this chapter shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $500 or imprisonment not to exceed 90 days, or both fine and imprisonment. Each day such violation continues shall constitute a separate offense.
§ 120-2.3.1 Hearing required; format.
A.
Hearing required. Before making a decision on an appeal or an application for a variance, special exception, or a petition to revoke a special exception, the Board of Appeals shall hold a hearing.
B.
Format of hearing.
(1)
The hearing shall be open to the public and all interested persons shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.
(2)
The Board of Appeals may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay.
(3)
The Board may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. The Board shall announce the date and hour of continuance of such hearing while in session.
§ 120-2.3.2 Notice of hearing.
A.
Public notice to be given. Public notice shall be given at least 15 days in advance of the hearing in the following ways:
B.
Notice to interested parties. Verifiable notice shall be given to the appellant or applicant and any other person who makes a written request for such notice at least 15 day in advance of the hearing.
C.
Contents of notice. The notice required by this section shall state the date, time, and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed.
§ 120-2.3.3 Evidence and record of hearing.
A.
Sworn testimony. All persons who intend to present evidence to the Board, rather than arguments only, shall be sworn.
B.
Evidence. All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed.
C.
Record of hearing.
(1)
An audio recording and recording by legal stenographer shall be made of all hearings and such recordings shall be kept for at least two years. Accurate minutes shall also be kept.
(2)
Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the Town for at least two years.
§ 120-2.3.4 Modification of application at hearing.
A.
Applicant may modify application. In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Board of Appeals, the applicant may agree to modify his/her application, including the plans and specifications submitted.
B.
Board approval of modified application. Unless such modifications are so substantial or extensive that the Board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that a permit will not be issued until plans reflecting the agreed upon changes are submitted to the Zoning Administrator for review.
§ 120-2.3.5 Written decision.
A.
Interested parties to be provided written decision. Any decision made by the Board of Appeals regarding an appeal or variance or issuance or revocation of a special exception shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy.
B.
Findings and conclusions. In addition to a statement of the Board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board's findings and conclusions, as well as supporting reasons or facts.
C.
Appeal of Board decision. Recourse from the decisions of the Board of Appeals shall be to the courts as provided by Maryland law.
§ 120-2.4.1 Intent of regulations.
A.
Purpose and intent.
(1)
It is the intent of this chapter not to encourage the survival of nonconformities. Such uses are incompatible with permitted uses in the zoning districts involved.
(2)
It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.
B.
Extension of nonconformities prohibited. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises, or by the addition of other uses of a nature which would be prohibited in the zone involved.
C.
Impact on ongoing lawful construction. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction, defined in § 120-9.2.1 of this chapter, was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
§ 120-2.4.2 Nonconforming lots, structures and uses.
A.
Nonconforming lots of record.
(1)
In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area, or width, or both, that are generally applicable in the zone, provided that yard dimensions shall conform to the regulations for the zone in which such lot is located. Any variance of yard requirements shall be obtained only through action of the Board of Appeals.
(2)
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width or area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.
B.
Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2)
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3)
If any such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which such land is located.
C.
Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued subject to § 120-2.4.2E, so long as it remains otherwise lawful, subject to the following provisions:
(1)
No such structure may be enlarged or altered in a way that increases its nonconformity.
(2)
Should such structure be destroyed by any means to an extent of more than 25% of its replacement cost at time of destruction as determined by the Zoning Administrator, it shall not be reconstructed as a nonconforming use.
(3)
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.
D.
Nonconforming uses of structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the zoning district under the terms of this chapter, the lawful use may be continued subject to § 120-2.4.2E of this chapter, so long as it remains otherwise lawful, subject to the following provisions:
(1)
No existing structure devoted to a use not permitted by this chapter in the zone in which it is located, except dwellings, shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located.
(2)
Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3)
If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the Zoning Administrator shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such change, the Zoning Administrator may require appropriate conditions and safeguards in accord with the provisions of this chapter.
(4)
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
(5)
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for nine consecutive months or for 15 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.
(6)
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
E.
Repairs and maintenance of nonconforming structure.
(1)
Any structure lawfully constructed before approval of these regulations may be maintained in the same size, material, manner, location, and construction. Routine repairs to replace damaged or worn-out portions may be performed without requiring a Town zoning permit. Any changes to material, size, dimension, manner, construction, or location require a Town zoning permit as new construction. Repair/replacement of existing structures does not indemnify the owner from encroachments on adjacent properties, or requirements for any state or county permits.
[Amended 8-14-2023 by Ord. No. 2023-002]
(2)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
§ 120-2.5.1 Required compliance.
A.
Permits in conflict are null and void. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.
B.
Zoning Administrator to take action on violations. If the Zoning Administrator finds that any of the provisions of this chapter are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He/she shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; and discontinuance of any illegal work being done or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
C.
Questions of interpretation. All questions of interpretation and enforcement shall be first presented to the Zoning Administrator and such questions shall be presented to the Board of Appeals only on appeal from the decision of the Zoning Administrator.
§ 120-2.5.2 Violations and penalties; unlawful demolition.
A.
Violation constitutes a municipal infraction.
(1)
A violation of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a municipal infraction, subject to a fine of $100 for the first violation. The fine for each subsequent violation shall be $200. Each day such violation continues shall be considered a separate offense.
(2)
The owner or tenant of any building, structure, premises, or part thereof, and any architect, engineer, builder, contractor, agent, or other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
B.
Provisions concerning unlawful demolition. In addition to the penalties and remedies provided in § 120-2.5.2A, any site or structure demolished without an approved demolition permit shall be ineligible for any use and/or zoning certificates and/or building permits for the erection or rebuilding of the building or structure for a period of no less than six months to no more than one year from the date of such demolition. For any structure located within the Historic District that is unlawfully removed or demolished, the owner shall be subject to a civil sanction of no less than 15% of the building valuation of the subject structure at the time of demolition, up to a fine of $100,000. Upon expiration of the one-year period and confirmation of payment, the owner may make application for a zoning permit in accordance with the procedures set forth in this chapter. The removal or demolition of any structure outside of the Historic District without an approved permit may result in a civil sanction of up to $25,000. In determining the amount of the fine, the following considerations shall be taken into account:
[Amended 7-13-2020 by Ord. No. 2020-004]
(1)
Whether the property owner was the first party to call the violation to the Town's attention.
(2)
The amount of staff time used to find and/or cause the correction of the violation.
(3)
The nature of the violation, i.e., whether deliberate or inadvertent.
(4)
Efforts made by the property owner to correct the violation.
(5)
The impact of the violation on the neighborhood and/or community.
(6)
The property owner's good faith efforts to comply.
(7)
Such other and further matters as the Planning Commission may consider relevant.
C.
Other lawful action as necessary. Nothing herein contained shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violation. The Town may enforce this chapter by civil action for declaratory judgment and/or injunction, in addition or as an alternative to citing the violator for a municipal infraction. In the case of a civil action for declaratory judgment and/or injunction, the Town may recover its legal fees and court costs from the violator.
§ 120-2.5.3 Schedule of Fees, charges and expenses.
A.
Schedule of Fees.
(1)
The Mayor and Town Council shall establish a Schedule of Fees, fees-in-lieu, charges, and expenses, and a collection procedure, for zoning permits, use and occupancy permits, appeals, variances, special exceptions, amendments, site plan and subdivision plat reviews, building and demolition permits, annexation petitions, and other matters pertaining to this chapter.
(2)
The Schedule of Fees shall be posted in the offices of the Zoning Administrator and may be altered or amended only by the Mayor and Town Council, upon recommendation of the Planning Commission.
B.
No action until fees paid. No certificate, permit, special exception, or variance shall be issued unless or until such costs, charges, fees, or expenses have been paid in full, nor shall any action be taken on proceedings before the Board of Appeals unless or until charges and fees have been paid in full.