Myersville City Zoning Code
ARTICLE XIII
Board of Appeals
§ 165-81 Composition; appointment, terms, removal of members and vacancies.
[Added as part of Section 203 of the 1999 Code of Ordinances; amended 7-13-2004 by Ord. No. 2004-03; 10-8-2019 by Ord. No. 2019-04; 12-8-2020 by Ord. No. 2020-05]
A.
The Board of Appeals is hereby established. It shall consist of five members. The terms of office of the members of the Board shall be three years. They shall be appointed by the Mayor, confirmed by the Town Council and removable for cause, upon written charges, and after public hearing. Notwithstanding any other provision of law, including but not limited to Chapter 30 of this Code, each member shall, during their tenure on the Board, maintain their primary residence within the corporate limits of the Town of Myersville. Any member who fails to maintain such residency within the Town shall, upon moving such residence outside of the Town, automatically forfeit and render vacant his or her membership on the Board without the necessity of written charges or public hearing. The Mayor shall appoint a new member to fill the unexpired term of any member who leaves or forfeits his or her membership on the Board of Appeals.
§ 165-82 Organization.
[Added as part of Section 203 of the 1999 Code of Ordinances; amended 10-11-2005]
The Board shall organize and adopt rules in accordance with the provisions of this Code. Meetings of the Board shall be held at the call of the Chairman and at other times as determined by the Board or, in his absence, the Acting Chairman may administer the oath and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall make a transcript 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 immediately filed in the office of the Board and shall be a public record.
§ 165-83 Powers.
[Added as part of Section 203 of the 1999 Code of Ordinances; amended 10-11-2005; 1-13-2015 by Ord. No. 2014-09]
The Board of Appeals shall have the following powers:
§ 165-84 Filing fee.
A filing fee shall accompany each application for a hearing before the Board of Appeals. Such fee shall be established, from time to time, by the Town Council upon the recommendation of the Planning Commission. The fee schedule shall be maintained on file in the office of the Town Clerk.
§ 165-85 Hearings and public notice.
The Board shall schedule a hearing within 60 days of the filing and acceptance of an application or appeal, shall give at least 10 days' notice in a newspaper of general circulation in the Town or the county, of the time and place of such hearing, to the public and to the parties in interest, and decide the same within a reasonable time after it is submitted. At the hearing, any party may appear in person or by agent or attorney. The adjacent property owners shall be notified and the property shall be posted with a placard, as provided by the Town, within 10 days of the hearing date.
§ 165-86 Applications disapproved.
If the application is disapproved by the Board of Appeals, thereafter the Board shall take no further action on another application for substantially the same proposal, on the same premises, until after one year from the date of such disapproval. If an appeal to the Board is perfected and the public hearing date set by the posting of the property and thereafter the applicant withdraws the appeal, he shall be precluded from filing another application for substantially the same proposal on the same premises for six months.
§ 165-87 Appeals to court.
[Amended 4-11-2017 by Ord. No. 2017-04]
Any party adversely affected by a decision of the Board may appeal to the Circuit Court of Frederick County in accordance with Maryland state law.
§ 165-88 Appeals.
A.
An appeal to the Board may be take by any person aggrieved, or by any officer, department, board or bureau of the Town affected, by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days after the decision by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from was taken.
[Amended 4-11-2017 by Ord. No. 2017-04]
B.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Board or by the Circuit Court of Frederick County, on application after notice to the Zoning Administrator and on due cause shown.
C.
In exercising its power, the Board may, in conformity with the provisions of statute and of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appeal from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.
§ 165-89 Variances.
A.
Filing of variance. An application may be made to the Board of Appeals for a variance where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. The application must be on a form provided for that purpose by the Town. The applicant must provide all the information requested on the form, together with any other information and data that may be required to advise the Board on the variance, whether such information is called for by the official form or not. Unless otherwise specified or extended by the Board, a variance authorized by it expires if the applicant fails to obtain a building permit or use certificate within 12 months from the date of authorization of the variance.
B.
Standards for variances.
(1)
Where there is unnecessary hardship, the Board may grant a variance in the application of the provision of this chapter, provided that the following findings are made where relevant in a given case:
(a)
That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(b)
That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c)
That such unnecessary hardship has not been created by the applicant.
(d)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(2)
No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property or intended use of such property, for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
C.
Conditions. In granting any variance, the Board may attach such reasonable conditions and safeguards as it considers necessary to implement purposes of this chapter.
§ 165-90 Special exceptions.
A.
Filing of special exception; expiration.
(1)
For any use permitted by special exception, a special exception must be obtained from the Board of Appeals. In addition to the information required on the building permit application, the special exception application must show:
(2)
Unless otherwise specified or extended by the Board of Appeals, a special exception authorized by the Board expires if the applicant fails to obtain, where required to do so, a building permit or use certificate within 12 months of the date of the authorization of the special exception.
B.
Temporary special exceptions.
(1)
A temporary special exception must be obtained from the Board for any nonconformity which is or will be seasonal or is or will be in the public interest. The Board may grant a temporary special exception for a nonconforming use or structure, existing or new, which is:
(2)
The temporary special exception may be issued for a period not exceeding one year, and may be renewed for an aggregate period not exceeding three years. The nonconforming structure or use must be completely removed upon the expiration of the special exception without cost to the Town.
C.
Referral to Planning Commission. All applications for a special exception shall be referred to the Town Planning Commission for a recommendation.
D.
Conditions. The Board of Appeals, in passing upon special exception applications, may attach conditions considered necessary to protect the public welfare and the Myersville Comprehensive Plan, including conditions which are more restrictive than those established for other uses in the same zone.
E.
Application of extent-of-use regulations. The lot area, lot width and yard requirements as set forth in this chapter must be followed as the minimum by the Board of Appeals. Where no extent-of-use regulations are set forth for the particular use, the Board must impose extent-of-use requirements as necessary to protect the public welfare and the Myersville Comprehensive Plan.
F.
General standards.
(1)
A special exception may be granted when the Board of Appeals finds from a preponderance of the evidence produced at the hearing that:
(a)
The proposed use, including its nature, intensity and location, is in harmony with the intent of the Myersville Comprehensive Plan and the orderly and appropriate development of the district.
(b)
Adequate water supply, sewage disposal, storm drainage and fire and police protections are or can be provided for the use.
(c)
The use of adjacent land and buildings will not be discouraged and the value of adjacent land and buildings will not be impaired by the location, nature and height of buildings, walls and fences.
(d)
The use will have proper location with respect to existing or future streets giving access to it, and will not create traffic congestion or cause industrial or commercial traffic to use residential streets.
(e)
The specific standards following, as set forth for each particular use for which a special exception may be granted, have been met.
(2)
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 which are to be determined by the Board of Appeals.