Pocomoke City City Zoning Code
ARTICLE XVI
Board of Appeals
§ 230-104 Appointment; terms of office; vacancies; powers and duties; qualifications.
[Amended 6-2-1997 by Ord. No. 349]
In compliance with the provisions of § 4.07 of Article 66B of the Annotated Code of Maryland, as amended, a Board of Appeals is hereby established. The appointment, terms of office, succession, removal, filing of vacancies and the powers and duties of the members of the Board shall all be as provided in said Article; provided, however, that the persons appointed to the Board of Appeals shall be selected for their understanding of and appreciation for zoning principles, knowledge of conditions in the community and of its planning objectives and policies, general civic interest, as opposed to special or private interest, and a fair judicial approach. The Board of Appeals shall consist of five members and one alternate and one temporary alternate as may be designated by the Mayor and Council.
§ 230-105 Organization; records; assistance.
A.
The Board shall be organized in accordance with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine. The Chair or, in his or her absence, the acting Chair may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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 filed immediately in the office of the Board and shall be a public record.
B.
The Board may call upon any City official or department head for assistance in the performance of its duties, and it shall be the duty of such officers to render such assistance to the Board as may reasonably be required.
C.
It shall be the duty of the Zoning Inspector or designee to serve as Secretary and administrative officer for the Board of Appeals. One of his or her duties shall be to investigate each case and prepare a report thereon for the information and assistance of the Board.
§ 230-106 Appeals.
A.
Application, when and by whom taken. An application, in cases in which the Board has original jurisdiction under the provisions of this chapter, may be made by any property owner or contract purchaser or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector, who shall transmit the same to the Board.
B.
Appeals, when and by whom taken. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau affected by any decision of the Zoning Inspector. Such appeal shall be taken within 20 days from the date of the written decision by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.
C.
Fees. A nonrefundable filing fee shall accompany each application or appeal to the Board, as may be determined by the Mayor and Council.
D.
Hearings. The Board shall fix a reasonable time for the hearing of the application or appeal, shall give at least 10 days' notice of the time and place of such hearing in a newspaper of general circulation in the community and to the parties in interest, shall cause the property to be posted conspicuously with a notice of the hearing and shall decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.
E.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board, after notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board or by a court of record, on application, after notice to the Zoning Inspector and on due cause shown.
F.
Action of the Board. In exercising its powers, 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, 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 all the powers of the officer from whom the appeal is taken.
G.
Repeated applications. If an application or appeal is disapproved by the Board of Appeals, thereafter the Board shall not be required to consider 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 advertised and thereafter the applicant withdraws the application or appeal, he or she shall be precluded from filing another application or appeal for substantially the same proposal on the same premises for one year.
H.
Court review. Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or any taxpayer, officer, department, board or bureau of the City may appeal the same to the Circuit Court for Worcester County. If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Appeals from such determinations may be taken to the Court of Appeals as provided by law.
§ 230-107 Powers and duties of Board of Appeals.
A.
Administrative errors. The Board of Appeals shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.
B.
Interpretation and adjustment of Zoning Map and district lines.[1] The Board may determine, after notice to the owners of the properties affected and after public hearing, boundaries of districts as follows:
(1)
Where the street or lot layout actually on the ground or as recorded differs from the street or lot lines shown on the Zoning Map, the Board shall interpret the map in such a way as to carry out the intent and purpose of this chapter for the particular section or district in question.
(2)
Where the boundary line of a district divides a lot held in a single ownership on the effective date of this chapter, the Board may permit the extension of a district, but not more than 200 feet beyond said boundary line.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter and on file in the office of the Zoning Inspector.
C.
Temporary uses. The Board may authorize the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this chapter for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of substantial buildings. Such certificate shall be granted in the form of a temporary and revocable permit for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
D.
Conditional uses and special exceptions.
(1)
The Board shall have the power to hear and decide applications for conditional uses or for decisions upon other special questions on which the Board is authorized by this chapter to pass. All such applications shall be deemed to be for special exceptions authorized by § 4.07 of Article 66B of the Annotated Code of Maryland.
[Amended 6-2-1997 by Ord. No. 349]
(2)
In addition to permitting the conditional uses and exceptions hereinbefore specified, the Board shall have the power to permit the following conditional uses and special exceptions:
(a)
A business use in any R District next to a nonconforming business or industrial use or between two such uses.
(b)
On a lot adjoining or in a building adjoining any nonconforming use, a use of the next higher classification.
(c)
Within any district, the disposal of wastes by the sanitary landfill method.
(d)
A sewage disposal plant in any district, when such location is necessary and unavoidable, and provided that all reasonable protection is afforded to adjacent properties by means of location, design, screening or otherwise.
(e)
A business use in any R District, on a lot that adjoins an M District on one side, but not extending more than 100 feet from the district line.
(3)
In considering an application for a conditional use or other exception, the Board shall give due regard to the nature and condition of all adjacent uses and structures, and in authorizing any such use or exception the Board may impose such requirements and conditions as to location, construction, equipment, operation and maintenance, in addition to those expressly stipulated in this chapter for the particular use or exception, as the Board may deem necessary to prevent or reduce hazardous or congested traffic conditions, odor, dust, smoke, gas, noise or similar nuisances, and it may impose such other conditions and requirements as may be necessary in its opinion to protect adjacent properties and neighborhoods and prevent conditions which may become obnoxious or offensive. In authorizing a conditional use or exception, subject to compliance with certain conditions, the Board may require from the owners, lessees or tenants of the property for which the conditional use or exception is granted such evidence, written agreement, guaranty or bond as it may deem necessary to ensure that the conditions stipulated by the Board are being and will be complied with. Any such written agreement may be required by the Board to be recorded among the land records of Worcester County at the expense of the applicant.
E.
Nonconforming uses. The Board may authorize the issuance of a zoning certificate, after public hearing, for any of the following:
(1)
The substitution for a nonconforming use of another nonconforming use if no structural alterations are made except those required by law or regulation; provided, however, that in an R or B District no change shall be permitted to any use prohibited in an M-1 District.
(2)
The extension of a building devoted to a nonconforming use or the construction of additional buildings or the extension of a nonconforming use of land where any such extension is necessary and incidental to the continuation of the existing use but is not authorized by § 230-15C(1). No such extension or addition shall be deemed to extend or otherwise affect the date when such nonconforming use or building must be changed or removed, if subject to any of the provisions of § 230-15B.
F.
Variances. Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this chapter or by reason of exceptional topographical conditions or other extraordinary situation or condition of such piece of property or of the use or development of property immediately adjoining the piece in question, the literal enforcement of the requirements of this chapter would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this chapter, the Board shall have the power, upon appeal in specific cases, filed as hereinbefore provided, to authorize such variance from the terms of this chapter as will relieve such hardship so that the spirit and purpose of this chapter shall be observed and substantial justice done. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of this chapter and in the public interest. In authorizing a variance, with attached conditions, the Board may require such evidence and guaranty or bond as it may deem necessary that the conditions attached are being and will be complied with.
(1)
No such variance in the provisions or requirements of this chapter shall be authorized by the Board unless the Board finds, beyond reasonable doubt that all the following facts and conditions exist:
(a)
That there are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district.
(b)
That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
(c)
That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purpose of this chapter or the public interest.
(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 the intended use of said property, for which variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formation of a general regulation for such condition or situation, to be adopted by the Mayor and Council as an amendment to this chapter.
§ 230-108 Guidelines for decisions by the Board.
Where in this chapter certain powers are conferred upon the Board of Appeals or the approval of the Board of Appeals is required before a permit may be issued or the Board is called upon to decide certain issues, such Board shall study the specific property involved and the neighborhood, cause the property to be posted in a conspicuous place, hold a public hearing and consider all testimony and data submitted, and it shall hear any person for or against the issuance of the permit. However, the application for permit shall not be approved where the Board finds the proposed building, addition, extension of building or use, sign, use or change of use would adversely affect the public health, safety, security, morals or general welfare or would result in dangerous traffic conditions or would jeopardize the lives or property of other people in the neighborhood. In deciding such matters, the Board shall give consideration, among other things, to the following:
A.
The purpose, application, interpretation and standards of these regulations as set forth in Article I.
B.
Decisions of the Circuit Court for Worcester County and the Court of Appeals of Maryland.
C.
The orderly growth and improvement of the neighborhood and community.
D.
The most appropriate use of land and structures in accordance with a Comprehensive Plan.
E.
Facilities for sewers, water, schools, traffic, transportation and other services and the ability of the City or other public agency to supply such services.
F.
The limitation of fire-fighting and rescue equipment and the means of access for fire and police protection.
G.
The probable effect of such use upon the peaceful enjoyment of people in their homes.
H.
The number of people residing, working or studying in the immediate vicinity.
I.
The type, character and use of structures in the vicinity, especially where people are apt to gather in large numbers, such as in schools, churches, theaters and the like.
J.
Traffic conditions, including facilities for pedestrians, such as sidewalks and safety zones, and parking facilities available and the access of cars to highways.
K.
The preservation of cultural and historic landmarks.
L.
The conservation of property values.
M.
The probable effect of odors, dust, gas, smoke, fumes, vibration, glare or noise upon the uses of surrounding properties.
N.
The contribution, if any, such proposed use, building or addition would make toward the deterioration of areas and neighborhoods.
§ 230-109 Effect of approval.
Where the Board approves an exception, variance or other application or appeal under these regulations, such approval shall not change the use classification of the building or premises nor give it any status as a nonconforming use other than it may already have had nor qualify any adjacent property for any special treatment, such as an exception or variance, nor shall there be another change of use without approval of the Board.