Sykesville City Zoning Code
ARTICLE XVII
Board of Appeals
§ 180-104 Creation; membership; powers and duties.
The Board of Appeals of Sykesville is hereby created and designated the "Board of Zoning Appeals." The number of members of said Board, their term of office, succession, removal, filling of vacancies, alternate membership, and their powers and duties shall be as provided in Article 66B, Annotated Code of Maryland.
§ 180-105 General powers.
A.
The Board shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in regard to the enforcement of this chapter or of any ordinance adopted pursuant thereto.
(2)
To hear and decide conditional uses to the ordinance upon which such Board is required to pass.
(3)
To authorize, upon appeal in special cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the enforcement of the provisions of this chapter will result in unwarranted hardship and injustice and which will most nearly accomplish the purpose and intent of the regulations of this chapter.
B.
In exercising the above-mentioned powers, the Board may, in conformity with the provisions of law and this chapter, and amendments thereto, 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.
C.
The Board is also empowered to adopt and promulgate such rules and regulations as it shall deem necessary in the conduct of its hearings and the issuance of its decisions or testimony pertaining to its hearings.
§ 180-106 Organization; meetings; authority to administer oaths and compel attendance of witnesses; technical assistance; minutes of proceedings; records.
The Board shall be organized and its rules shall be amended, if necessary, in accordance with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. For assistance in reaching decisions relative to appeals, conditional uses, or variances, the Board may request testimony at its hearings for purposes of securing technical aid or factual evidence from the Commission or any county agency. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, and shall keep records of all its official actions, all of which shall be filed in the office of the Board and shall be a public record.
§ 180-107 Appeals to Board.
An appeal to the Board may be taken by any person aggrieved or by any officer, department, board, commission or bureau of the county 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 record upon which the action appealed was taken.
§ 180-108 Hearings.
A.
Action required after filing of application. Upon the filing of an application before the Board, the following action shall be taken preparatory to holding a hearing thereon:
(1)
The Board shall fix a reasonable time for a hearing of the application or appeal.
(2)
Notice of the hearing shall be advertised in two consecutive issues of a newspaper having general circulation within Sykesville. The first insertion shall appear in such newspaper at least 15 days prior to such hearing.
(3)
Property upon which the application or appeal is concerned shall be posted conspicuously by a zoning notice no less in size than 22 inches by 28 inches at least 14 days before the date of the hearing.
(4)
Notification by certified mail shall be made to the appellant or petitioner, and to the owners of those properties and the addresses certified on the notice of appeals by the appellant or petitioner as being contiguous to the property with which the hearing is concerned.
(5)
The Board, upon application in writing by any interested party filed with the Zoning Administrator no less than 10 days prior to the date of scheduled hearing, shall visit the specific property involved prior to the hearing. The Board, in its discretion, may otherwise visit the specific property prior to or after the hearing.
B.
Holding of hearing; appearance at hearing. The Board, following such action above, shall hold such hearing. At the hearing, any party may appear and be heard in person or by agent or attorney.
C.
Postponement.
(1)
Requests for postponement of a scheduled hearing shall be filed in writing with the Zoning Administrator not less than 10 days prior to the date of hearing, and shall be accompanied by a sum of money sufficient to pay the cost of advertising the postponement and the rescheduled hearing. The granting of such requests shall be at the discretion of the Chairman of the Board.
(2)
Requests for postponement filed later than 10 days prior to the date of a scheduled hearing, shall, in addition to the other requirements set forth in Subsection C(1) above, be supported by an affidavit of the party making the request or some other creditable person. The granting of such request shall be at the discretion of the Board in cases of extreme hardship or upon good cause shown.
(3)
The Board may, upon its own initiative, postpone a scheduled hearing at any time.
D.
Continuance. The Board may continue a hearing at another time and/or date once such hearing has been started; however, the Board shall announce the date and hour of continuance of such hearing while in session.
E.
Decision by Board; appeal from decision by Board. The Board shall render a decision within a reasonable time. Any party aggrieved by a decision of the Board of Appeals may appeal to the Circuit Court of Carroll County in a manner set forth in the applicable sections of Article 66B of the Annotated Code of Maryland, as amended. The Court may affirm, reverse, vacate, or modify the decision complained of in the appeal.
§ 180-109 Limitations, guides and standards.
Where in these regulations certain powers are conferred upon the Board or the approval of the Board 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, as well as the neighborhood, and consider all testimony and data submitted, and shall hear any person desiring to speak for or against the issuance of the permit. However, the application for a 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 people living in the neighborhood. In deciding such matters, the Board shall give consideration, among other things, to the following:
A.
The number of people residing or working in the immediate area concerned.
B.
The orderly growth of Sykesville.
C.
Traffic conditions and facilities.
D.
The effect of such use upon the peaceful enjoyment of people in their homes.
E.
The conservation of property values.
F.
The effect of odors, dust, gas, smoke, fumes, vibrations, glare and noise upon the use of surrounding property values.
G.
The most appropriate use of land and structure.
H.
Decisions of the courts.
I.
The purpose of these regulations as set forth herein.
J.
Type and kind of structures in the vicinity where public gatherings may be held, such as schools, churches, and the like.
§ 180-110 Disapproval of application.
If the application is disapproved by the Board, thereafter the Board shall take no further action on another application for substantially the same proposal, on the same premises, until after two years from the date of such disapproval. If an appeal to the Board is perfected and the public hearing date is set and duly advertised and properly posted 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 one year.
§ 180-111 Fees.
A filing fee shall accompany each application for appeal to the Board, as may be determined by the Mayor and Council of Sykesville.