Gaithersburg City Zoning Code

(A)

Establishment of fees. The city council shall establish by resolution a schedule of fees, charges, and expenses, for all matters pertaining to this chapter. The schedule shall be posted in the city office and may be altered or amended by resolution of the city council.

(B)

Payment of fees required. No certificate, permit, special exception, or variance shall be issued unless or until such costs, charges, fees, or expenses as established by the city council have been paid in full, nor shall any action be taken on any appeal or hearing proceedings before staff or any board or commission of the city unless or until preliminary charges and fees have been paid in full.

(Ord. No. O-5-24, 7-15-24)

(A)

Establishment of administrative body. The board of appeals is established, as provided by Md. Code Ann., Land Use, section 4-301, as amended.

(B)

Authorities and duties. Pursuant to Md. Code Ann., Land Use, section 4-305, as amended, the board of appeals may:

(1)

Hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer or unit under this division or of any local law adopted under this division;

(2)

Hear and decide special exceptions to the terms of a local law on which the board is required to pass under the local law; and

(3)

Authorize on appeal in specific cases a variance from the terms of a local law.

(C)

Rules, meetings, oaths, witnesses, and record of proceedings.

(1)

The board of appeals shall adopt rules of procedure governing the conduct of its proceedings and matters under its jurisdiction. Meetings of the board shall be open to the public and shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in their absence the vice-chairperson, may administer oaths and compel the attendance of witnesses.

(2)

The board shall keep minutes and, where appropriate, official transcripts, or other records on matters coming before the board and showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, all of which shall be a public record and filed in the office of planning and code administration.

(3)

The board shall hold a public hearing on all petitions for special exceptions or variances. Administrative reviews and appeals alleging error by the planning commission, the historic district commission, or the city manager or designee shall be by oral argument or written statement based solely on the evidence submitted and received in the commission or administrative proceedings. The board's hearings shall be public, and any party may appear in person or by agent or attorney. The conduct of the hearing shall be conducted pursuant to the board's rules of procedure. Hearings may be adjourned or continued from time to time at the board's discretion, provided that any such adjournment or continuance shall be to a time and date certain.

(D)

Terms of members.

(1)

The board of appeals shall consist of five (5) members and one alternate who shall be appointed by the mayor and confirmed by the city council for three-year terms. An alternate member shall act in the place of an absent or recused board member.

(2)

Members of the board may be removed after a public hearing by the city council for incompetence, misconduct, failure to attend meetings, or conviction of a crime.

(3)

An alternate member shall act in the place of an absent or recused board member.

(4)

The board shall elect a chairperson and vice-chairperson who shall serve in such capacity for a one-year term. The chairperson and vice-chairperson shall be eligible for reelection.

(E)

Compensation of members. Members of the board may receive such compensation as deemed appropriate by the city council.

(F)

Decisions of board.

(1)

The decision of the board of appeals on any matter considered under their jurisdiction by this chapter shall be by written resolution containing findings and conclusions and rendered within sixty (60) days from the date of the public hearing unless such time is extended by the board. The affirmative vote of a majority of the board present shall be required to grant a petition for special exception or petition for variance. The same majority vote of the board shall be required to reverse or affirm, in whole or in part, any order, requirement, decision, or termination which is the subject of administrative review. If the necessary total of affirmative votes shall not be achieved, the petition shall be denied.

(2)

All decisions of the board under their jurisdiction by this chapter shall be based solely upon the evidence of record.

(3)

The decision of the board shall not preclude any department or agency of the city, when appropriate, to add specific conditions or requirements not inconsistent with the board's decision, which are necessary to comply with any state law, ordinances, or regulations of the city, or where necessary to protect adjacent properties, the general neighborhood, and residents, workers, and visitors therein.

(4)

The date of the decision is the date the resolution is signed. A copy of the board's decision shall promptly be issued to all persons entitled to original notice of the hearing and to all persons appearing and testifying in person or by counsel.

(G)

Rehearing and reconsideration.

(1)

The board may reconsider its decisions or rehear any proceeding upon its own motion or upon request of any party, provided such motion or request is received not more than ten (10) days from the date the board rendered its decision. The board may promulgate additional rules with respect to reconsideration and rehearing.

(2)

A request for reconsideration or rehearing must specifically state the basis upon which the party contends the board of appeals' decision should be reconsidered or reheard and may include a request for oral argument. The party requesting reconsideration or rehearing must serve all parties who received the original opinion with a copy of the request at the same time the request is made to the board of appeals. The board shall post notice of the date the board will meet to consider and/or hear the reconsideration or rehearing request on the city's website and at city hall.

(3)

The board of appeals may grant reconsideration or rehearing only upon evidence:

(a)

Of a clear showing that the action of the board of appeals did not conform to relevant law or its rules of procedure; or

(b)

An irregularity, mistake, or fraud; or

(c)

That certain pertinent and significant new evidence relevant to the board of appeals' decision could not reasonably have been presented at the hearing before the board of appeals or otherwise included in the record; or

(d)

Of such other appropriate compelling bases as determined by the board of appeals.

(4)

Within five (5) days of filing the request, any party may file a written response and request oral argument. All parties to the proceeding must be served a copy of the response. The board may grant oral argument in its discretion or may render a decision on the written request and response.

(5)

Any decision on a request for rehearing or reconsideration not granted within twenty (20) days from the date received shall be deemed denied; provided, however, if the board prior to the expiration of this twenty-day period believes additional time is required to take action on the request, the board by resolution may extend the effective date of the decision which is the subject of the request.

(6)

The fact that a party raises an issue worthy of reconsideration does not itself require the board of appeals to reconsider a prior action.

(7)

If a motion to reconsider has been duly adopted by the board of appeals, the prior final decision of the board shall be void and the record before the board shall be automatically reopened. The board shall schedule a hearing for a subsequent date and time, providing all parties of record at least ten (10) days' advance written notice of the hearing.

(8)

If a judicial appeal is filed by an aggrieved party prior to the board's decision on a request for reconsideration or rehearing, then the board of appeals shall be divested of jurisdiction to decide the request.

(H)

Appeals from board decisions. Any person, taxpayer, board, or department of the city aggrieved by any decision of the board of appeals may within thirty (30) days of the date of the board's decision appeal the decision to the circuit court for Montgomery County and thereafter to the appellate courts of this state for further review. Appeals shall be subject to the provisions of the Maryland Rules of Procedure governing administrative appeals.

(Ord. No. O-5-24, 7-15-24)

(A)

Authorities and duties. The role of the mayor and city council is defined by the city Charter, the land use article of the Annotated Code of Maryland, and the procedures defined in article 12 of this chapter.

(B)

Appeals of city council decisions. Any person, taxpayer, board, or department of the city aggrieved by any decision of the city council may, within thirty (30) days of the date of the city council's decision, appeal the decision to the circuit court for Montgomery County and thereafter to the appellate courts of this state for further review. Appeals shall be subject to the provisions of the Maryland Rules of Procedure governing administrative appeals.

(Ord. No. O-5-24, 7-15-24)

(A)

Establishment of administrative body. The planning commission is established per the Md. Code Ann., Land Use, section 2-101, as amended.

(B)

Authorities and duties.

(1)

The city planning commission shall have those powers, duties, and authority assigned to it by the land use article of the Annotated Code of Maryland, and other laws of the state; the zoning ordinance of the city; and those acts or enactments of the city council of the city.

(2)

Any decision of the commission may contain such conditions as are necessary to preserve and protect the public health, safety, and general welfare of the inhabitants of the city.

(C)

Rules, minutes, and transcripts of proceedings.

(1)

The planning commission shall adopt rules of procedure governing conduct of its proceedings and matters under its jurisdiction. Meetings of the planning commission shall be open to the public and shall be held at the call of the chairperson and at such other times as the commission may determine. The chairperson or, in their absence, the vice-chairperson, may administer oaths and compel the attendance of witnesses.

(2)

The planning commission shall keep minutes and, where appropriate, transcripts and other records showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, all of which shall be a public record and filed in the offices of the planning department.

(D)

Terms of members.

(1)

The city planning commission shall consist of five (5) members and one alternate member, who shall be appointed by the mayor and confirmed by the city council for five-year terms, or until their successor takes office. Vacancies occurring, other than through an expiration of a term of office, shall be filled by appointment by the mayor, subject to confirmation by the city council for the unexpired term.

(2)

Members of the planning commission may be removed after public hearing by the city council for incompetence, misconduct, failure to attend meetings, or conviction of a crime.

(3)

All terms of existing commission members and all prior acts and decisions of the city planning commission are hereby ratified and shall remain in full force and effect.

(4)

The commission shall elect a chairperson and vice-president from among its members, who shall serve in such capacity for a one-year term. The chairperson and vice-chairperson shall be eligible for reelection.

(E)

Compensation of members. Members of the planning commission shall receive such compensation as deemed appropriate by the city council.

(F)

Appeals of planning commission decisions. Any person(s) aggrieved by any final order, decision, or determination of the city planning commission may appeal the same to the city board of appeals within the time provided by, and the requirements of, section 24-12.9, Administrative review, and thereafter, to the Circuit Court for Montgomery County, Maryland, pursuant to the Maryland Rules of Procedure, chapter 1100, subtitle B. Further appeal may be taken to the Supreme Court of Maryland during the period and in the manner prescribed by the Maryland Rules of Procedure.

(Ord. No. O-5-24, 7-15-24)

(A)

Establishment of administrative body. The historic district commission is established per the land use article of the Annotated Code of Maryland, as amended. Members of the historic district commission are appointed by the mayor and confirmed by the city council and must meet the criteria of Md. Code Ann., Land Use, section 8-202, as amended, and the following:

(1)

Persons who have demonstrated special interest, specific knowledge or professional or academic training in such fields as history, architecture, architectural history, planning, archaeology, anthropology, curation, conservation, landscape architecture, historic preservation, urban design or related disciplines.

(2)

At least two (2) members of the commission shall possess professional or academic training in one or more of the above listed fields in accordance with the minimum professional requirements of the United States Department of the Interior for certifying local governments under Federal Regulations at 36 C.F.R. part 61, as amended.

(B)

Authorities and duties. The historic district commission shall have those powers, duties and authority assigned to it by the land use article of the Annotated Code of Maryland, as amended, chapter 24 of the City Code, and those acts or enactments of the city council.

(C)

Terms of members and vacancies.

(1)

The mayor and city council shall appoint a commission of at least five (5) members and one alternate member. An alternate member shall act in the place of an absent or recused commission member. A majority of the members of the commission shall be residents of the city.

(2)

The members of the commission shall be appointed for terms of three (3) years each, except that, in making the initial appointments, some appointments shall be established for less than three (3) years in order that, as these initial terms expire, all appointments shall be for three (3) years, and shall not expire at the same time. Members of the commission are eligible for reappointment and any vacancy on the commission shall be filled by the appointing authority for the unexpired term of the position.

(3)

A member of the city council may be appointed as a liaison to the historic district commission and shall serve in a non-voting capacity.

(4)

Vacancies that occur other than through an expiration of a term of office shall be filled by appointment by the mayor, subject to confirmation by the city council for the unexpired term.

(5)

Members of the historic district commission may be removed after a public hearing by the city council for inefficiency, neglect of duty, or malfeasance in office.

(D)

Compensation of members. Members of the historic district commission shall receive such compensation as deemed appropriate by the city council.

(E)

Rules and regulations required. The historic district commission shall, by resolution, adopt rules and regulations as may be necessary for the proper transaction of its business.

(Ord. No. O-5-24, 7-15-24)