The administration of this title is vested in the following offices of the government of the City of Salisbury:

A.

Housing and Community Development Department;

B.

Department of infrastructure and development;

C.

The planning commission;

D.

The Salisbury city council;

E.

The board of appeals.

(Ord. 1976 (part), 2005: prior code § 150-280)

(Ord. No. 2459, 10-9-2017; Ord. No. 2769, § 1, 2-13-2023)

This chapter shall describe the procedure and substantive standards with respect to the administrative functions of each of these offices relative to their duties and responsibility as required by this title.

(Prior code § 150-281)

Duties of the Housing and Community Development Department shall be as follows:

A.

To issue zoning authorizations and make and maintain records thereof;

B.

To initiate and request inspections of structures and use of land to determine compliance with the terms of this title or actions of the planning commission, city council or board of appeals and, where there are violations, to initiate action to secure compliance therewith.

(Ord. 1976 (part), 2005: prior code § 150-282)

(Ord. No. 2459, 10-9-2017; Ord. No. 2769, § 1, 2-13-2023)

A.

Authorization Required. No land or building may be used, or any building constructed, extended, altered, changed or converted, without written authorization from the building inspector that the proposed structure, alteration, change, conversion or use complies with the provisions of this title. Where no other permit is required for the use of land, this zoning authorization shall be construed as the permit to so use the land. A building permit or occupancy certificate issued in conflict with the provisions of this title shall be null and void.

B.

Zoning Authorizations.

1.

Application for Zoning Authorization. The application for a zoning authorization shall be accompanied by a plot plan, indicating the parcel of land, lot or lots, block or blocks or portions thereof, drawn, to scale and fully dimensioned, showing the ground area, height and bulk of the structure or land and such other information as may be required by the building inspector for the proper administration and enforcement of this title. Whenever a structure or use is of the type requiring off-street parking on a ratio to the number of employees, the number of employees on which the parking is based shall be shown on the application.

2.

Critical Area Program. The requirements of this title are modified to the extent necessary in order that all land within the critical area as established by the Chesapeake Bay critical area commission, the critical area program and chapter 12.20 of the city code shall also comply with the provisions of the City of Salisbury Chesapeake Bay critical area program, where applicable.

C.

Disapproval. If the application and the accompanying papers do not comply in all respects with the regulations of this title, it shall be disapproved by the building inspector, and the applicant shall be notified in writing. The building inspector may, in his discretion, before disapproving any application, return such application to the applicant, who may amend said application, plans or specifications in order to make the proposal comply with the regulations of this title. In such event, the building inspector shall proceed to pass upon the application as if it were an original one.

D.

Issuance. If the application, filed together with the plans and specifications, conform in all respects with the requirements of this title, the building inspector shall issue written zoning authorization and any necessary permits.

E.

Appeal. If an application is disapproved, the applicant shall be notified in writing, with the reasons for disapproval. If the applicant wishes to pursue the request, an application for an appeal before the board of zoning appeals shall be filed with the building inspector. Such application shall be transmitted forthwith to the planning director who, in turn, shall forward such application to the board for its action. The planning director shall return the board's action to the building inspector in writing. If the appeal application is approved, the building inspector shall issue written zoning authorization and any necessary permits.

F.

Plan Applications.

1.

Applications requiring review and approval by the planning commission, board of appeals and downtown/riverfront development review committee shall be forwarded to the City Planner for scheduling before the appropriate commission, committee or board.

2.

No such application shall be accepted by the director of infrastructure and development or scheduled by the City Planner until all plans and documentation required by and in compliance with this title have been received; except that,

a.

An application for official action by the planning commission or board of zoning appeals may be scheduled for review with only a site plan showing all required elements of the proposed development;

b.

An application for review by the downtown/riverfront development review committee may be scheduled for review with only a site plan showing all required elements of the proposed development and exterior elevations showing the design of the proposed development;

c.

Any commission, committee or board may render its decision if it determines that the information on the site plan or exterior elevations is sufficient; provided, that such approval is conditioned upon an applicant completing all other plans and documentation as may be required by this title.

3.

The City Planner shall advise, in writing, the director of infrastructure and development of all action taken on the application.

4.

If the application is approved, the director of infrastructure and development may issue written zoning authorization or conditional zoning authorization, subject to compliance with all other requirements of this title and all other applicable city regulations.

(Prior code § 150-283)

(Ord. No. 2459, 10-9-2017; Ord. No. 2769, § 1, 2-13-2023)

The department of infrastructure and development shall have the following jurisdiction and authority wherever required by this title:

A.

To review and make recommendations on street width and layout of streets serving a development;

B.

To review and make recommendations on access from a development onto public streets and highways;

C.

To review and approve any plan relative to public utilities as requested by the planning commission, board of appeals or city council.

(Prior code § 150-284)

(Ord. No. 2459, 10-9-2017; Ord. No. 2769, § 1, 2-13-2023)

The planning commission shall have the following jurisdiction and authority:

A.

To initiate, to receive and to review applications for and to make recommendations to the city council on all text amendments and zoning reclassifications;

B.

To review and approve all development where required by this title and to review development for recommendation to the board of appeals or the city council, as required;

C.

To receive, review and recommend all requests for determination of unclassified uses and to interpret any part of this title where there is question as to the purpose and intent of its originality;

D.

To review certain uses in the industrial park and paleochannel districts and make recommendations to the city council;

E.

To review ordinance permit requests and make recommendations to the city council;

F.

To review and approve landscaping plans in accordance with chapter 17.220;

G.

In reviewing and approving any plan for development or landscaping as enumerated in subsections (A) thorough (F) of this section, the commission may establish those conditions it deems necessary to accomplish the purpose and intent of this title.

(Prior code § 150-285)

(Ord. No. 2769, § 1, 2-13-2023)

The Salisbury city council shall have the following jurisdiction and authority:

A.

To hear applications for and recommendation on text amendments and zoning reclassifications and to make final decisions thereon;

B.

To hear applications for and recommendation on planned development districts and to make final decisions thereon;

C.

To hear applications for and recommendation on a determination of use and to make final decisions thereon;

D.

To hear applications for and recommendation on ordinance permits and to make final decisions thereon.

(Prior code § 150-287)

A.

The Board of Appeals shall consist of five members and two alternates appointed by the mayor and confirmed by the city council. When possible, preference shall be given in order to ensure that the Board of Appeals includes at least one building professional/architect/engineer, tenant, property owner and attorney, as well as potential members who have a demonstrated special interest, specific knowledge, or professional or academic training in public health. The alternates shall attend the Board of Appeals meetings and shall sit for an absent member, when appropriate. The members and alternate members of the Board of Appeals shall be appointed for terms of three years. One member shall be named by the board as chairman. An alternate member may complete the unexpired term of any member, who, for whatever reason, vacates his seat on the board. The members of the Board of Appeals may be removed for cause by the appointing authority upon written charges and after a public hearing.

B.

The Board of Appeals, hereinafter referred to as "the board," shall appoint such employees as may be authorized from time to time by the city council.

C.

The board shall adopt rules necessary for carrying out the provisions of this chapter. The rules shall be approved by the city council. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine by general rule. Three members shall constitute a quorum. A member of a board of appeals shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest. If a majority of the board does not approve the application or find in the favor of the appellant, the board's inability to reach a decision by majority vote shall result in denial of the application or appeal. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall record and keep minutes of its proceedings, which show the vote of each member upon each question, or, if a member is absent or fails to vote, the minutes shall indicate such fact. The board shall keep recordings of all proceedings, 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 open to inspection during the hours of normal operation of the office. Copies of the minutes shall be made available to interested parties. A party who requests a copy of the recording or its transcript shall pay the cost of the recording or transcript.

(Prior code § 150-288)

(Ord. No. 2208, 7-23-2012; Ord. No. 2769, § 1, 2-13-2023)

A person unable by reason of poverty to pay the appeal fee, may appeal and request a waiver of the fee. This provision shall apply to an appeal within the city. This shall not apply to an appeal of a municipal citation, an appeal to the district court, or an appeal to any court or agency outside of the jurisdiction of the city.

A.

Any person wishing to request a waiver of the appeal fee may submit a completed request for waiver of fee form with their application for appeal.

B.

The board of appeals shall review any request for waiver of fee forms that are submitted and may require the person submitting the request to supplement or explain any of the matters set forth in the request.

C.

In determining whether to grant a waiver, the board shall consider:

1.

Whether the person requesting fee waiver is receiving services from a state or federal program serving low income individuals; and

2.

Whether the household income is equal or less than that which would qualify for one of the low income programs in subsection (C)(1); and

3.

Whether there is any other factor that may be relevant to the person's ability to pay the fee.

D.

Upon notification of the request for waiver being denied, the person appealing shall have ten days to pay the appeal fee.

1.

If paid within that time, the application for appeal shall be deemed to have been filed on the date the application for appeal and request for waiver forms were filed.

2.

If the fees are not paid within that time, the application for appeal shall be deemed to have been withdrawn.

E.

If the request for waiver is approved, the appeal shall proceed as though the fee had been paid.

F.

If the appeal fee is waived and the appeal is denied, the appeal fee shall be due, unless a request for waiver of final fee is submitted, within ten days of the notice of decision, and approved.

G.

If the appeal fee is waived and the appeal is successful, the individual shall owe nothing.

(Ord. No. 2470, 11-27-2017)

Jurisdiction and authority of the board shall be as follows:

A.

To hear and decide applications for special exceptions in the manner prescribed by and subject to the standards established herein;

B.

To hear and decide applications for variances from the terms provided in this title in the manner prescribed by and subject to the standards established herein;

C.

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the director of the department of infrastructure and development or the Housing and Community Development Department under this title;

D.

To hear and decide applications for the change, alteration or enlargement of nonconforming uses and enlargement of nonconforming dwellings, in accordance with Sections 17.16.040 and 17.16.050;

E.

To hear and decide all matters referred to it or upon which it is required to act under the Salisbury Municipal Code;

F.

To adopt and establish general rules for the conduct of its proceedings.

(Ord. 1976 (part), 2005; prior code § 150-288)

(Ord. No. 2459, 10-9-2017; Ord. No. 2769, § 1, 2-13-2023)

A.

Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of an administrative officer or unit pursuant to the Salisbury Municipal Code. Such appeal shall be taken within a reasonable time, as approved by the rules of the board, by filing with the administrative officer or unit from whose action the appeal is taken and with the board a notice of appeal, specifying the grounds thereof. The administrative officer or unit from whose action the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken.

B.

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative officer or unit from whose action the appeal is taken certifies to the board after the 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 case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a court of record, on application, on notice to the administrative officer or unit from whose action the appeal is taken and on good cause shown.

C.

On appeal, the Board of Appeals may:

1.

Wholly or partly reverse the order, requirement, or decision that is the subject of the appeal;

2.

Wholly or partly affirm the order, requirement, or decision that is the subject of the appeal;

3.

Modify the order, requirement, or decision that is the subject of the appeal; or

4.

Issue a new order, requirement, or decision.

D.

The Board of Appeals shall have all the powers of the administrative officer or unit from whose action the appeal is taken.

(Prior code § 150-290)

(Ord. No. 2769, § 1, 2-13-2023)

Editor's note— Ord. No. 2769, § 1, adopted Feb. 13, 2023, repealed § 17.12.111, which pertained to pre-hearing procedure and derived from Ord. No. 2208, adopted July 23, 2012.

A.

The board shall fix a reasonable time and place for the public hearing of an application, appeal or other matter, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. All meetings of the board shall be open to the public. At the hearing, any party may appear in person or by agent or by attorney and testify as to any material facts. The burden of proof and persuasion on all questions of fact which are to be determined by the board shall be on the applicant or appealing party.

B.

Any evidence which would be admissible under the general rules of evidence applicable in judicial proceedings in the State of Maryland shall be admissible in hearings before the board. The board may also admit and give appropriate weight to evidence which possesses probative value commonly accepted by reasonable and prudent persons, including affidavits or other hearsay evidence which appears to be reliable in nature. Hearsay evidence may be used solely to supplement or explain direct evidence and shall not, absent direct evidence, be sufficient to support a finding unless the hearsay would be admissible over objection in civil actions in courts of competent jurisdiction in this state. The board shall exclude incompetent, unreliable, irrelevant, or unduly repetitious evidence. The number of witnesses may be limited if it appears that their testimony is cumulative.

C.

The city solicitor or an assistant city solicitor shall advise the board on all issues of law, including evidentiary rulings and the burden of proof.

D.

If an application is disapproved by the board, thereafter the board shall take no action on another application for substantially the same proposal on the same premises until after twelve (12) months from the date of the final determination by the board or any court of competent jurisdiction.

E.

Whenever an application, appeal or other matter is approved by the board or any court of competent jurisdiction, the privilege granted thereunder, including any necessary permits, shall be exercised within twelve (12) months from the date of the final action, and, if not exercised within that time, shall automatically lapse and become null and void. However, upon a showing of reasonable cause by the applicant, filed in writing, the board may authorize up to three extensions of the time limit of up to twelve (12) months each. Not more than three extensions of time or extensions greater than twelve (12) months shall be granted without a public notice and hearing.

(Ord. 1599 § 14, 1995; prior code § 150-12)

(Ord. No. 2208, 7-23-2012)

A.

Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or of final decision of the planning commission or any taxpayer or office, department, board or bureau of the municipality may file a request for judicial review to the Wicomico County Circuit Court setting forth that such decision is unlawful, in whole or in part, and specifying the unlawful grounds thereof.

B.

Such appeals shall follow the procedures established by the Maryland Rules, as promulgated from time to time by the Court of Appeals of Maryland. The appeal shall not stay proceedings upon the decision appealed from, but upon notice to the board or commission and to the applicant and on good cause shown, the court may grant a restraining order to stay all current and further proceedings in the matter.

C.

The board or commission shall not be required to forward to the court the original papers acted upon by it, but it shall be sufficient to forward certified or sworn copies thereof or such portions thereof as may be called for by such appeal.

D.

When an applicant files an appeal with the Wicomico County Circuit Court, a copy thereof shall be filed with the board or commission. It shall be the duty of the board or commission to notify the city solicitor and all interested parties promptly of the filing of every petition of appeal. The clerk of the Wicomico County Circuit Court shall notify the board of the final action of the court on each appeal.

(Prior code § 150-292)

(Ord. No. 2769, § 1, 2-13-2023)