Walkersville City Zoning Code
ARTICLE IX
Board of Appeals
§ 88-59 Authorization; appointment of members.
[Amended 4-28-2004 by Ord. No. 2004-03]
The Board of Appeals is hereby authorized. Such Board shall consist of three members, all of whom shall be taxpayers and residents of the Town of Walkersville. The members of the Board of Appeals shall be appointed by the Burgess with the consent of the Commissioners. One member of said Board shall be appointed to serve for a period of one year; one for a period of two years; and one for a period of three years. Thereafter, members shall be appointed for a period of three years. Vacancies shall be filled by appointment for the unexpired term only. Compensation, if any, for members of the Board of Appeals shall be determined by the Town Commissioners. The Burgess and Commissioners of the Town of Walkersville shall designate one or more alternate members for the Board of Appeals who may be empowered to sit on the Board in the absence of any member of the Board.
§ 88-60 Meetings; appointment of officials; record of proceedings.
The members of the Board of Appeals shall meet at least once each year at such time and place as they may fix by resolution. They shall select one of their members as Chairman and one as Vice Chairman, who shall serve one year or until their successors have been selected. Special meetings may be called at any time by the Chairman or, in his absence, the Vice Chairman. A majority of the Board shall constitute a quorum for the transaction of business. The Board shall cause a proper record to be kept of its proceedings.
§ 88-61 Appeal procedure.
A.
An appeal to the Board of Appeals may be taken by any person aggrieved by any officer, department or bureau of the Town of Walkersville affected or by any order, requirement, decision or determination by any governmental officer, department, board or bureau based, in whole or in part, upon the provisions of this chapter.
B.
Such appeal shall be filed with the Zoning Administrator and the Board of Appeals within 30 days from the decision being appealed from. Upon appeal, the Zoning Administrator shall transmit to the Board of Appeals all papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board that a stay would, in his opinion, cause imminent peril to life or property. The Board shall fix a reasonable time for the hearing of the appeal, giving not less than 15 days' public notice thereof by the posting of not less than one sign of at least three square feet in area containing notice of the hearing in a conspicuous place on or near the property upon which application for appeal is made and by advertising in a weekly or daily paper of general circulation in the Town, as well as by giving due notice to the parties in interest, and the Board shall decide the same within 30 days. At the hearing, any party may appear in person, by agent or by attorney.
C.
The concurring vote of two members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant upon any matter which it is required to pass under this chapter, or to effect any variation in this chapter.
[Amended 8-10-2023 by Ord. No. 2023-03]
D.
The Burgess and Commissioners shall adopt a schedule of fees for review and processing of applications for variances, special exceptions and claims of administrative error.
[Added 8-22-2007 by Ord. No. 2007-07]
§ 88-62 Powers.
The Board of Appeals shall have the power to:
A.
Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official under the provisions of this chapter.
B.
Hear and decide special exceptions in the terms of this chapter.
C.
Authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public safety, health and general welfare and will most nearly accomplish the purpose and intent of this chapter.
§ 88-63 Variances.
A.
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 reasons of exceptional topographic conditions or other extraordinary situations or conditions of such piece of property, the literal enforcement of the requirements of this chapter would involve practical difficulty or would cause 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 provided in this section, to authorize a variance from the terms of this chapter so as to relieve such hardship and 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 public interest. In authorizing a variance with attached conditions, the Board may require such guaranty as it may deem necessary in order that the conditions attached are being and will be complied with.
B.
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:
(1)
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.
(2)
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.
(3)
That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this chapter or the public interest.
C.
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 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 condition or situation.
§ 88-64 Guides and standards regulating approval powers.
Where certain powers are conferred upon the Board of Appeals in this chapter, 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, consider all testimony and data submitted and hear any person for or against the issuance of the zoning certificate. However, the application shall not be approved where the health, safety, security, morals or general welfare would be impaired or where dangerous traffic conditions might result that would jeopardize the lives or property of people living in the neighborhood, nor will any action be taken which will be contrary to an adopted Town plan. When a question arises as to whether the contemplated action is contrary to an adopted Town plan, the Board shall request the recommendation of the Planning Commission. In deciding such matters, the Board shall give consideration, among other things, to the following:
A.
Decisions of the Circuit Court of the county and the Court of Appeals of the state.
B.
The orderly growth of the neighborhood and community.
C.
The most appropriate use of land and structure.
D.
Facilities for sewers, water, and trash collection and disposal and the ability of the Town to supply such services.
E.
The availability of firefighting equipment.
F.
The effect of such use upon the peaceful enjoyment of people in their homes.
G.
The number of people residing, working or studying in the immediate areas.
H.
The type and kind of structures in the vicinity where people are apt to gather in large numbers, such as schools, churches, theaters, hospitals and the like.
I.
Traffic conditions, including facilities for pedestrians, such as sidewalks, safety zones and parking facilities available and the access of cars on highways.
J.
The preservation of cultural and historic landmarks.
K.
The conservation of property values.
L.
The effect of odors, dust, gas, smoke, fumes, vibrations, glare and noise upon the uses of surrounding properties.
M.
The contribution, if any, such proposed use, building or addition would make toward the deterioration of areas and neighborhoods.
N.
The accordance of contemplated action with an adopted Town plan.
§ 88-65 Public hearing; publication of notice.
The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. A notice of time and place of such public hearing shall be published in a paper of general circulation in the Town of Walkersville at least once, not more than 30 days nor less than 15 days previous to the hearing. Such notice shall contain the particular address or location of the property for which the variance or other ruling by the Board is sought, as well as a brief description of the nature of the appeal and specifications of the proposed variance.
§ 88-66 Construction permitted by Board to be undertaken within specified time.
[Amended 10-11-1995 by Ord. No. 95-6]
No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than six months unless a zoning certificate for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such certificate or unless an extension is granted by the Board. Only one extension may be granted by the Board for up to six months, provided significant progress has been made toward obtaining a zoning certificate.
§ 88-67 Use of building permitted by Board to be established within specified time.
[Amended 10-11-1995 by Ord. No. 95-6]
No order of the Board permitting the use of a building or premises shall be valid for a period longer than six months unless such use is established within such period; provided, however, that where such permitted use is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a zoning certificate for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such certificate or if an extension is granted by the Board. Only one extension may be granted by the Board for up to six months, provided significant progress has been made toward obtaining a zoning certificate.