There is hereby created the "Board of Appeals for the City of Laurel," throughout this article referred to as the "Board." The Board shall be appointed by the Mayor and confirmed by the Council, and shall consist of five (5) members and an alternate, all members being appointed for a three (3) year term. No member shall be an elected official or employee of the City. All members must be City residents.

The Board shall elect a Chairman and a Vice-chairman from among its members appointed by the Mayor. The terms of the Chairman and Vice-chairman shall be one (1) year with eligibility for reelection. The election shall take place at the first regular meeting of the calendar year.

(Ord. No. 1877, 9-26-2016)

(a)

The Board is hereby empowered to adopt and, from time to time, amend or supplement rules or procedures not inconsistent with the provisions of this article.

(b)

The Board shall keep minutes of its proceedings, meetings, and hearings.

(c)

The Board is hereby authorized to compel the attendance of witnesses at hearings or meetings, and the Chairman or Secretary to the Board may administer oaths.

(d)

Grant variances from the strict application of this article only upon proof by a preponderance of the evidence that:

(1)

By reason of exceptional narrowness, shallowness, or shape of specific parcels of property at the time of the original enactment of this article or amendments thereto or by reason of exceptional topographical conditions or other extraordinary situations or conditions of specific parcels of property, 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)

Such variance is the minimum reasonable necessary to overcome the aforesaid exceptional conditions.

(3)

Such variance can be granted without substantial impairment to the intent, purpose and integrity of the General Plan or any duly adopted and approved area Master Plan affecting the subject property.

(4)

Such variance will not be detrimental to the use and enjoyment of adjoining or neighboring properties. These provisions, however, shall not permit the Board to grant any variance to any setback or yard requirements for property zoned for commercial or industrial purposes when such property abuts or immediately adjoins any property zoned for residential purposes unless such residential property is proposed for commercial or industrial use on an adopted Master Plan. These provisions shall not be construed to permit the Board, under the guise of a variance, to authorize a use of land not otherwise permitted.

(e)

Hear and decide appeals where it is alleged by appellants that there is error in any refusal or denial of a building permit, use and occupancy permit or in any other order, requirement, decision, or determination made by the Director of the Department of Economic and Community Development, the Fire Marshal, the Historic District Commission, or the Planning Commission, when passing upon an application for a building or other permit, a certificate of approval or other approval, or by any officer or body in the administration of this article. Appeals alleging error by the Planning Commission shall be by oral argument or written statement based solely on the evidence submitted and received in the Planning Commission proceedings. All such appeals shall be taken within thirty (30) days of the date of the decision being appealed.

(f)

Hear and decide petitions for special exceptions.

(g)

Hear and decide appeals in regard to property affected by master highway plans.

(h)

Hear and decide petitions concerning public nuisances as specified in Subsection 20-1.12(a)(4), construction and interpretation of article; general provisions, of this article.

(i)

The Board may, in conformity with this chapter, reverse, affirm, or modify, wholly or in part, any decision upon which an appeal is made.

(j)

In exercising all its powers and duties under this article, not less than four (4) members of the Board shall constitute a quorum.

(k)

All actions or decisions of the Board shall be taken by resolution. All actions or decisions shall require the affirmative vote of three (3) members of the Board. If the concurrence of the necessary total of affirmative votes shall fail to be achieved for any reason, then the petition or application shall be held to be denied, or the action appealed from shall be held to be affirmed, and the minutes of the Board shall so reflect the denial or affordance for want of the necessary total of affirmative votes. Any denial or affordance for want of the necessary total of affirmative votes shall not be subject to the time limitation otherwise set forth herein. Except for a denial or affordance for want of the necessary total of affirmative votes, for which no resolution need be adopted, each resolution shall contain a statement of the grounds and findings forming the basis for such action or decision, and the full text of said resolution and record of member's votes shall be incorporated in the minutes of said Board. No petition for special exception or variance shall be accepted for filing or heard by the Board for a period of twelve (12) months following the date of final disposition denying any prior petition for the same category of special exception or for a variance seeking substantially the same relief concerning any portion of the same property. In the event the action taken by said resolution is appealed to the Circuit Court for Prince George's County, Maryland, or the Court of Appeals of Maryland, the time period shall run from the date of final disposition of such appeals. The limitation shall not affect the right of the Board to grant a rehearing as provided in the Board's Rules of Procedure. Appeals to the Circuit Court for Prince George's County shall be filed no later than thirty (30) days from the date of the written resolution of the Board.

(l)

For assistance in reaching decisions, relative to variances or special exceptions, the Board may request technical service, advice, data, or factual evidence from the Planning Commission and the City government or from other sources. The Board may at any time during the proceedings call any witness. The Planning Commission or its technical staff shall submit to the Board at least five (5) days prior to the date set for public hearing a report reviewing any petition for special exception, in accordance with a format and other requirements established by agreement of the Planning Commission and the Board of Appeals. The Board, at the request of the applicant, may waive the requirement herein that the report referred to herein be submitted at least five (5) days prior to the Board's public hearing. The Board shall incorporate such report in the application file, and the report shall thenceforth be considered a part of the record of the application. Nothing herein contained shall be construed to affect the applicant's burden of proof and persuasion as provided for in this article.

(Ord. No. 1877, 9-26-2016)

(a)

Petitions and accompanying data.

(1)

Filing of petition. Petitions for the grant of special exceptions or variances shall be filed with the Board or, where appropriate, the Director of the Department of Economic and Community Development on forms provided therefore, together with the fees established by the Mayor.

(2)

Data to accompany special exception petition. Each petition for special exception shall be accompanied at the time of its filing by a statement which shall include:

a.

Survey plats or other accurate drawings showing boundaries, dimensions, area, topography and frontage of the property involved, as well as the location and dimensions of all structures existing and proposed to be erected, the distances of such structures from the nearest property lines and a location map of the area. At the discretion of the Director of the Department of Economic and Community Development, these drawings shall display the name or seal of a registered Civil Engineer or Surveyor.

b.

Plans, architectural drawings, photographs, elevations, specifications or other detailed information depicting fully the exterior appearance of existing and proposed construction, including signs, involved in the petition.

c.

A statement explaining in detail how the special exception is proposed to be operated, including hours of operation, number of anticipated employees, occupants and clientele, equipment involved and any special conditions or limitations which the applicant proposes for adoption by the Board.

d.

Complete information concerning the size, type, and location of any existing and proposed trees, landscaping, and screening and of any exterior illumination proposed.

e.

If the petitioner is not the owner of record of the property involved, at least one (1) owner of record shall sign the petition certifying that a contract to purchase or use between the parties exists or stating what other interests the petitioner has in the subject property.

f.

All additional exhibits which the petitioner intends to introduce.

(3)

Data to accompany variance requests. Each request for variance shall be accompanied at the time of filing by four (4) copies of a statement containing the information specified in paragraphs a., b., c., d., and e. of subsection (2) above.

(4)

Revisions of applicant's statement. An applicant may amend his statement prior to the hearing upon consent of the Board following a motion to amend and ten (10) days' notice thereof to all parties entitled to original notice of filing. Amendments which the Board finds materially alter a petitioner's proposal or evidence shall be cause for postponement of the hearing to a date which permits interested parties including but not limited to the Planning Commission and other agencies adequate time to review the amendment. Nothing herein contained shall prohibit the Board during or after the hearing, at any time before the record is closed, from requesting the applicant to revise any aspect of his proposal.

(5)

A petition for the grant of a special exception or variance shall be advertised by a sign posted on the subject property for which such special exception or variance is sought. Such sign shall be erected by the applicant within three (3) days after acceptance for filing of the petition. Such sign shall be erected within ten (10) feet of that boundary line of the subject property that abuts the most traveled public road, and if no public road abuts the subject property, then facing in such a manner as may be most readily seen by the public. If the land described in the application lies within more than one (1) block, as shown on a plat recorded in the Land Records of Prince George's County, then a sign shall be erected by the applicant on the subject property in the manner indicated above in each such block. At the hearing it shall be duty of the applicant to prove by affidavit that he or she has fully complied with this section and has continuously maintained the sign from the date on which it was required to be posted until the time of the hearing. Any such sign shall continue to be maintained at all times by the applicant until a resolution has been formally adopted by the Board and all appeal periods have expired. Thereafter the sign shall be removed by the applicant within five (5) days. It shall be unlawful and a misdemeanor for any person to remove or tamper with such sign during the period it is required to be maintained pursuant to this subsection.

(Ord. No. 1991, 1-10-2022)

(a)

Written notice of cases filed.

(1)

Upon filing and prior to any hearing of any appeal, petition for special exception, request for a variance, or any other matter within the Board's purview, the Board shall forward a complete copy thereof, including accompanying data, to the Planning Commission and shall forward notice thereof, in the form specified below, to the owners, as specified by the applicant at the time of filing, of all properties contiguous to the property with which the case is concerned, and of all properties opposite said property measured at right angle to the intervening street or streets, and the president or other designated representative, shown by the records of the Board or the Commission, of the local citizens association or associations within whose territory the subject property lies. The Board may, in its discretion, send notice of such filings to other interested parties, organizations, or agencies.

(2)

Such notices shall contain the name of the appellant, applicant or petitioner, the name of the owner of record, the case number, the telephone number, office address and business hours of the Board, and, if then known, the date, time and place fixed for the hearing. Such notice shall state with particularity the nature of the special exception, variance, administrative appeal, or other relief requested. Such notice shall also:

a.

State that a copy of applicant's complete submission, including exhibits and testimony summaries, is available for inspection at the Department of Economic and Community Development.

b.

Inform the recipient of the requirements for prehearing statements for groups or organizations desiring to appear in opposition.

c.

Advise the recipient as to how he may obtain a complete copy of this article and of the fact that the petition has been referred to the Planning Commission for review and recommendation where required.

(3)

If a hearing for which notice has been given is postponed, those designated to receive notice shall be given at least five (5) days' written notice of the rescheduled hearing.

(Ord. No. 1991, 1-10-2022)

The Board may require additional notice of hearing by advertisement in a newspaper of general circulation in the City. Such advertisement shall appear not less than five (5) days prior to the date of public hearing and shall contain the same information as is required in written notices, the cost of such advertising to be paid by the applicant.

Hearings may be adjourned, from time to time, and if the time and place of the continued hearing be publicly announced at the time of the adjournment, no further notice of such continued hearing shall be required; otherwise, at least five (5) days' notice thereof shall be given to all parties required to be notified of the original hearing.

The Board shall not render a final decision until such time as the Commission has had the right to forward a recommendation or written waiver to the Board, if it so desires. The Commission shall forward its recommendation prior to hearing by the Board or thereby forfeit its right to forward a recommendation; however, any recommendation shall be placed in the application file prior to the public hearing.

(a)

The Board shall not amend any of this article or these regulations or the Zoning Map; nor shall such power or authority be vested in the Board.

(a)

A decision of the Board permitting the erection or alteration of a building shall be valid for a period of twelve (12) months, unless a building permit for such erection or alteration is obtained within this period and the erection or alteration is started and proceeds to completion in accordance with the terms of the decision. No decision of the Board permitting the use of a building or land shall be valid for a period longer than twelve (12) months, unless such use is established within said period except that, where such use is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for such erection or alteration is obtained within said period, and such erection or alteration is started and proceeds to completion in accordance with the terms of the decision within two (2) years.

(b)

The Board is authorized to extend the twelve (12) months time limitation when the evidence of record establishes that drawing of architectural plans, preparation of the land or other factors involved in the particular use requested will take longer than twelve (12) months, for initial use establishment or to begin building construction. In granting such extension, the Board in its decision shall set forth a time certain within which the erection or alteration of the building or buildings shall be started or use established. In the event of an appeal to a court of a decision of the Board, the time limitations under this subsection shall run from the decision date of the court making final determination of the appeal.

(c)

When an application for a special exception is withdrawn, notice shall be sent to all parties entitled to notice of the filing of the petition. When a case is withdrawn at least thirty (30) days prior to the date scheduled for initial hearing thereon, the Board shall have discretion to refund a part of the filing fee as set forth in the Board's rules of procedures, and the Board shall have discretion to allow the application to be withdrawn without prejudice to the limitations on refiling specified in this article. When a case is withdrawn thirty (30) days or less from the hearing, such withdrawal shall be with prejudice.

(a)

Appeals to the Board may be made by any person, board, association, or corporation allegedly aggrieved by the grant or refusal of a building use and occupancy permit or by any other administrative decision based or claimed to be based, in whole or in part, upon any of these Regulations, or the Zoning Map.

(b)

An appeal relating to a variance shall be filed with the Board only after refusal of issuance of a building permit or use or occupancy permit by the Department of Economic and Community Development or after the issuance of a permit in cases where it is alleged that such permit has been issued erroneously, provided, however that the Board is hereby authorized, in its discretion, to waive the requirement of a denial of a building, use, or occupancy permit. Such appeal shall be made within thirty (30) days after entry of the decision appealed from.

(c)

Appeals shall be made on forms provided therefore, and all information required on such forms shall be furnished by the appellant. Forms shall be filed with the Department of Economic and Community Development; and the appellant shall pay the Department of Budget and Personnel Services all expenses incidental to the appeal; including, the cost estimated by the Department of Economic and Community Development for sending notices and advertising. No form shall be accepted by the Department of Economic and Community Planning Development unless it contains all pertinent information and is accompanied by the required fee to defray expenses.

(d)

Appeals and applications filed in proper form shall be numbered serially, docketed, and placed upon the calendar of the Board. The calendar of appeals to be heard shall be posted on the City Internet Web Site (www.laurel.md.us) seven (7) calendar days before such hearing date.

(Ord. No. 1991, 1-10-2022)