The town shall appoint a zoning administrator that is responsible for administering this chapter. The town may designate an individual or public agency to act in the capacity of zoning administrator. The zoning administrator or their duly authorized agents have the right to enter and inspect any structure or land in order to verify that the structure or land complies with the provisions of this chapter. Appeals from the decision of the zoning administrator may be taken to the board of appeals.

(Code 1992, § 180-2.1)

(a)

Zoning certificate required. It shall be unlawful to commence the excavation for or the construction of any building, including accessory buildings, or to commence the moving, alteration or change of use of any land or buildings, including accessory buildings, until the zoning administrator has issued a zoning certificate for such work.

(b)

Issuance of a zoning certificate.

(1)

Submittal requirements. In applying to the zoning administrator for a zoning certificate, the applicant shall submit a plat in duplicate, drawn to scale, showing the name of the person making the application, the actual dimensions of the lot to be built upon as shown by a survey, the size, shape and location of the building to be erected and such other information as may be necessary to provide for the enforcement of this chapter. This section is applicable to the construction of signs.

(2)

Proposed excavation and construction. If the proposed excavation or construction, as set forth in the application, is in conformity with the provision of this chapter and other ordinances of the town, the zoning administrator shall issue a zoning certificate for such excavation or construction. If a zoning certificate is refused, the zoning administrator shall state such refusal, in writing, with the cause and shall grant or deny the certificate within 30 days of the date of application, provided that he has received comment from any agency involved or having jurisdiction with regard to said certificate. A record of applications, plats and actions shall be filed in the office of the zoning administrator.

(3)

Submission and approval of site plans, prior to issuance. Every residential, institutional, commercial or industrial development will submit and have approved site plans, in accordance with section 58-33 prior to the issuance of a zoning certificate.

(4)

Zoning administrator not to waive requirements. Issuance of a zoning certificate for construction or excavation not conforming to requirements of this chapter shall not be construed as waiving any provision of this chapter.

(5)

Terms of certificates. A zoning certificate shall become void one year from date of issuance unless the project is more than 25 percent completed as determined by the zoning administrator.

(6)

Transferability/assignability. A zoning certificate is non-assignable and non-transferable.

(7)

Revocation for noncompliance. A zoning certificate is revocable upon noncompliance with any conditions or requirements imposed under this chapter.

(8)

Zoning certificate fee schedule. To partially defray the expense of administering this chapter, a fee shall be paid to the town before any zoning certificate is issued and in accordance with the schedule established by the burgess and commissioners and maintained in the town office.

(Code 1992, § 180-2.2)

(a)

Site plan required. A site plan must accompany applications for specific uses in lieu of the plat required above. No zoning certificate will be issued and no structure or use will be established except in conformity with a site plan approved by the planning commission or its authorized representatives.

(1)

A site plan shall be required for the following uses:

a.

Residential development.

b.

All nonresidential permitted uses including institutional, commercial or industrial development.

c.

Any nonresidential use that increases the principal building's footprint or increases the nonresidential site's overall impervious area by more than 1,000 square feet.

d.

Any change of use from a residential use to nonresidential use or from a nonresidential use to a residential use. This applies to the CBD and NMX districts primarily.

e.

Signs.

(2)

Where subdivision regulations apply, site plan and preliminary subdivision plat may be submitted as one plat meeting both sets of requirements.

(b)

Site plan requirements.

(1)

A site plan shall have the same format as the preliminary plat as required by chapter 34, subdivisions, and be subject to the same guaranty of improvements for all improvements as required by this.

(2)

The following information shall be provided by the site plan:

a.

Site location.

b.

Dimensions of the lot to be built upon.

c.

The size, height and location of the structure to be erected.

d.

The nature of materials to be used on structure's exterior.

e.

Preliminary elevation drawings.

f.

Parking: location, aisle and stall dimensions, overall dimensions, handicap accessibility, pedestrian access, surface material, entrance/driveway access.

g.

Water and sewer: on-site alignment.

h.

Storm drainage facilities.

i.

Grading plan.

j.

Sidewalks.

k.

Landscaping plan.

l.

Lighting.

m.

Signs: location, size, height and design.

n.

Recreational facilities.

o.

Garbage and recycling collection points.

p.

Presence of sinkholes.

q.

Proximity to floodplain.

(c)

Site plan approval. Site plan approval may be granted by the planning commission or the board of appeals (in instances as noted). The site plan shall be reviewed by the planning commission and approved or disapproved within 30 days of the date of acceptance.

(d)

Approval of a site plan submitted under the provisions of this chapter shall expire two years after the date of planning commission action unless construction has begun.

(Code 1992, § 180-2.3)

The board of commissioners shall have the authority to establish by resolution fees for zoning related services specified in this chapter, but in no event shall the fee charged be more than the costs incurred by the town.

(1)

Zoning certificates.

a.

New construction of all residential and nonresidential uses.

b.

All other permitted uses.

c.

All accessory structures or uses.

d.

All additions.

e.

Major exterior remodels and renovations.

(2)

Ordinance amendments.

a.

Text amendments.

b.

Rezoning map amendments.

(3)

Board of appeals.

a.

All appeals.

b.

Variance.

c.

Special exception.

(4)

Site plans.

a.

Site plans.

b.

Site plan resubmissions.

c.

Site improvement plans.

(Code 1992, § 180-2.4)

(a)

Authorization and appointment. The board of appeals is hereby authorized. Such board shall consist of three members and one alternate, all of whom shall be residents of the town over the age of 18. The members of the board of appeals shall be appointed by the burgess and confirmed by the commissioners. Members shall be appointed for periods of three years. The alternate may participate in all discussions but may only vote when a regular member is absent. The alternate shall become a regular member when a position becomes vacant. A new member appointed to the board would assume the alternate position. Vacancies shall be filled by appointment by the burgess for the unexpired term only. Members of the board shall serve without compensation.

(b)

Meetings. 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 vice-chairman, who shall serve one year or until successors have been selected. Special meetings may be called at any time by the chairman or in their 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.

(c)

Method of appeal; fee. (Refer to current fee schedule available in the town office.)

(1)

An appeal to the board of appeals may be taken by any person aggrieved by any decision of the zoning administrator or by any officer, department, board, or bureau of the town 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.

(2)

A person shall file an appeal within a reasonable time provided by the rules of the board of appeals by filing with the administrative officer or unit from whose action the appeal is taken and with the board of appeals a notice of appeal specifying the grounds of the appeal The administrative officer or unit from whose action the appeal is taken shall transmit promptly 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. If an administrative officer or unit certifies to the board of appeals facts stated in the certificate that indicate to the administrative officer or unit that a stay would cause imminent peril to life or property, the board of appeals may stay the proceedings only for good cause shown.

(3)

The board shall fix a reasonable time for the hearing of the appeal, give 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 advertising in a weekly or daily paper of general circulation in the town, as well as due notice to the parties in the interest, and decide the same a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney.

(4)

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 upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.

(d)

Powers and duties. The board of appeals shall have the power to:

(1)

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.

(2)

Hear and decide special exceptions in the terms of this chapter.

(3)

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.

(e)

Variances.

(1)

Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of the ordinance from which this chapter is derived or by reasons of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, and where the literal enforcement of the density, bulk, dimensional, or area requirements of this chapter would involve practical difficulty or would cause unnecessary hardship, the board of appeals may grant a variance from the requirements of this chapter, in which case, 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 to be necessary that the conditions attached are being and will be complied with.

(2)

No such variance in the provisions or requirements of this chapter shall be authorized by the board unless the board finds 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 unless the variance is granted, the property owner will be deprived of substantial property rights, which are possessed or enjoyed by other property owners in the same zoning district and in the same vicinity.

c.

That the authorizing of such variance shall not be a substantial detriment to adjacent property and will not materially impair the purposes of this chapter or the public interest.

d.

That the reason for the unnecessary hardship or practical difficulty is not the result of actions by the applicant.

(f)

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 conditions or situation.

(g)

Limitations, guides and standards.

(1)

Where, in this chapter, certain powers are conferred upon the board of appeals, 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 plan, the board shall request the recommendation of the planning commission.)

(2)

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, trash collection and disposal and the ability of the town to supply services.

e.

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, theatres, 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 use of surrounding properties.

m.

The contribution, if any, such proposed use, building or addition would make toward the deterioration of areas and neighborhoods.

n.

Accordance of the contemplated action with an adopted town plan.

(h)

Public hearings; permits.

(1)

The board shall make no recommendation except in a specific case after a public hearing conducted by the board.

(2)

Construction permitted by the board to be undertaken within six months. 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.

(3)

Use of building permitted by board to be established within six months. No order of the board permitting a 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.

(Code 1992, § 180-2.5)

State law reference— Board of appeals, Ann. Code of Md., Land Use article, § 4-301 et seq.

(a)

Initiation by burgess and commissioners or on petition. The burgess and commissioners may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal, by ordinance, the boundaries of districts, regulations or restrictions herein established.

(b)

Procedure; fee.

(1)

A public hearing shall be held by the burgess and commissioners before adoption of any proposed amendment, supplement or change, public notice of which shall have been placed in a newspaper of general circulation in the town of once each week for two successive weeks; the first notice of the hearing at least 14 days before the hearing.

(2)

In order to partially defray the expense of a zoning change public hearing, the person or parties petitioning for an amendment, supplement, change modification, or repeal of any of the provisions of this chapter shall deposit with the town the fee established by the burgess and commissioners and as shown on the fee schedule maintained in the town office. No part of such amount shall be refunded for failure of said amendment to be enacted into law.

(c)

Approval of burgess and commissioners and planning commission.

(1)

No amendment shall be considered or acted upon by the burgess and commissioners unless it is first submitted to and approved by the planning commission, except, however, that the failure of the planning commission to report within 30 days of the date on which the amendment is submitted to the planning commission shall be deemed approval, or if disapproved by the planning commission, it shall be considered approved if it receives a majority vote of the burgess and commissioners.

(2)

Where the purpose and effect of the proposed amendment is to change the zoning classification, the burgess and commissioners shall make findings of fact in each specific case, including but not limited to the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area, the recommendation of the planning commission and the relationship of such proposed amendment to the town's plan, and may grant the amendment based upon a finding that there was a substantial change in the character of the neighborhood where the property is located or that there was a mistake in the existing zoning classification. A complete record of the hearing and the votes of all members of the burgess and commissioners shall be kept.

(3)

An application for reclassification shall not be accepted for filing by the burgess and commissioners if the application is for the reclassification of the whole or any part of land the reclassification of which has been opposed or denied by the burgess and commissioners within 12 months from the date of the local legislative body's decision.

(4)

No change in or departure from the proposed amendment, as recommended by the planning commission, shall be made unless the same is resubmitted to the commission for its further recommendations. No amendment, supplement or change shall be adopted contrary to the recommendations of the planning commission except by a majority vote of the burgess and commissioners.

(Code 1992, § 180-2.7)

State law reference— Zoning amendments, Ann. Code of Md., Land Use article, § 4-204.

There is hereby created a town planning commission, hereinafter referred to as the "commission."

(Code 1992, § 25-1)

State law reference— Planning commission authorized, Ann. Code of Md., Land Use article, § 2-10.

(a)

The planning commission shall organize annually in July and elect a chair and vice-chair who shall serve in those positions for that fiscal year running from July 1 to June 30, or from the time of the election to June 30 of the next year, if the organizational meeting and election is not held in July.

(b)

The chairman, or in his absence the vice-chair, shall preside at all meetings or hearings of the commission. The presiding officer shall decide on all points of order and procedure, subject to these rules, unless otherwise directed by a majority of the commission members present.

(c)

A designated member of the commissioners of the town shall be a member of the planning commission, having all the rights and privileges of the regularly appointed members, and shall serve as a voting member of the planning commission concurrent with his official term.

(d)

The commission shall be composed of four regular members, one alternate, and the member listed in subsection (c) of this section. The alternate may participate in all discussions but may only vote when a regular member is absent. The commission shall consist of five members, each to serve for five years or until his successor takes office, except the term of the commissioner of the town shall conform to his official tenure.

(e)

The alternate shall become a regular member when a regular position becomes vacant. A new member appointed to the commission would assume the alternate position.

(f)

All members shall serve without compensation and may be removed by the commissioners of the town for inefficiency, neglect of duty or malfeasance in office. All shall be eligible for reappointment. Vacancies occurring by expiration of term or otherwise shall be filled by appointment by the burgess of the town, confirmed by the commissioners of the town.

(Code 1992, §§ 25-2, 180-7.1)

State law reference— Planning commission membership, Ann. Code of Md., Land Use article, § 2-102; planning commission officers, Ann. Code of Md., Land Use article, § 2-103.

(a)

Regular meetings shall be held on the second Wednesday of each month. Special meetings or workshops may be called by the chair or in his absence the vice-chair. The planning commission chairman may also call combined meetings with the town commissioners, as needed.

(b)

Should any planning commission member be absent from more than three meetings in a calendar year the planning commission may recommend to the commissioners of the town that the member's resignation be requested. The commission, however, by a majority vote of its members may make a finding that there is sufficient cause for non-attendance.

(c)

All meetings of the planning commission shall be subject to the state Open Meetings Act (Ann. Code of Md., State Government article, § 10-501 et seq.) and anyone shall be entitled to appear before and be heard by the planning commission.

(d)

If not on the agenda, persons desiring to speak can do so under the other business section of the agenda for a period not to exceed five minutes.

(Code 1992, § 180-7.2)

State law reference— Planning commission meetings, Ann. Code of Md., Land Use article, § 2-104.

(a)

A quorum shall consist of a majority of the members. This is currently three of the five planning commission members if all seats are filled.

(b)

Questions put to a vote are decided by a majority of the members present and voting, assuming a quorum is present. Information for discussion purposes may be presented, but no decision shall be made in the absence of a quorum.

(c)

A tie vote by the planning commission shall be interpreted as a defeat of a motion upon which the vote was taken.

(d)

No member shall vote on an item brought before the planning commission if he or she has any financial interest or other conflict of interest regarding that item.

(e)

If one or more regular members are absent, then the alternate will be able to vote on matters before the commission.

(Code 1992, § 180-7.3)

(a)

A member will not appear to speak for the planning commission except as authorized by the planning commission. In any statement concerning planning commission affairs, members will indicate whether they are speaking for the planning commission or for themselves.

(b)

Members shall not accept gifts or compensation from any persons involved in matters that have come or may come before the planning commission.

(c)

Members shall conduct themselves at planning commission meetings in a fair manner. They shall be considerate of all individuals, attitudes, and differences of opinion involved in official planning commission business.

(Code 1992, § 180-7.4)

The planning commission shall have the powers, functions and duties provided for in Ann. Code of Md., Land Use article, div. I, title 2 (Ann. Code of Md., Land Use article, § 2-101 et seq.).

(Code 1992, § 25-3)