Worcester County Unincorporated
City Zoning Code

The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.

The masculine shall include the feminine and the feminine shall include the masculine.

The present tense includes the future tense.

The singular number includes the plural; the plural number includes the singular.

The words "shall," "will" or "must" are mandatory; the words "should" or "may" are permissive.

The word "used" or "occupied" includes the words "intended, designed or arranged to be used or occupied."

Raising of vegetable, field and nursery crops. No lot requirements shall apply for crops.

Timber growing and harvesting. No lot requirements shall apply.

Drainage structures and similar works for flood prevention and erosion control. No lot requirements shall apply.

Directional signs, subject to the provisions of §§ ZS 1-116(c)(3) and ZS 1-324(d)(2) hereof.

Transient uses, subject to the provisions of §§ ZS 1-116(c)(3) and ZS 1-337 hereof.

Minor solar energy systems and solar energy heating equipment, subject to the requirements of § ZS 1-344(d) hereof.

Short-term rentals, subject to the provisions of § ZS 1-351 hereof.

Boundaries indicated as approximately following the center lines of existing or proposed streets, highways, alleys or waterways shall be construed as following such center lines.

Boundaries indicated as approximately following property lines or tax district boundary lines shall be construed as following such property lines or tax district boundary lines.

Boundaries indicated as approximately following the corporate limits of municipalities shall be construed as following such corporate limits.

Boundaries indicated as approximately following County boundary lines shall be construed as following such County boundary lines.

Except as modified in § ZS 1-305(m) hereof, whenever land abuts a wetlands boundary line, as defined in § ZS 1-103 hereof, the landward zoning district, unless clearly denoted otherwise, shall be deemed to extend to such wetlands boundary line, and all other land and water areas beyond the boundary line, unless clearly denoted otherwise, shall be deemed to be in the RP Resource Protection District. However, farm ponds, man-made freshwater lakes, wastewater lagoons, intermittently flowing freshwater streams and drainage ditches shall be zoned as indicated on the Official Zoning Maps.

Boundaries indicated as parallel to or extensions of features indicated in Subsections (b)(1) through (5) hereof shall be construed as being parallel to or extensions of such features.

Where a boundary line is indicated as obviously not coinciding with property lines, center lines, municipal, corporate or jurisdictional limits, wetlands boundary lines or other features as indicated in Subsections (b)(1) through (6) hereof, the boundary shall be determined by the scale of the map or notes thereon.

Posting in its office the fees and charges schedule as prescribed in § ZS 1-106 hereof.

Maintaining in its office the up-to-date Official Zoning Maps as prescribed in § ZS 1-109(a) hereof.

Administering and enforcing this Title as prescribed in this section.

Assisting in such investigations with regard to zoning amendment applications as the Planning Commission may request, as prescribed in § ZS 1-113 hereof.

Issuing zoning certificates, certificates of use and occupancy, and building and zoning permits as prescribed in § ZS 1-115 hereof and any other permits required by any other article of the County Code as designated by the County Commissioners.

Posting in its office the calendar of the Board of Zoning Appeals as prescribed in § ZS 1-116(f) hereof.

Reviewing essential service structures as prescribed in § ZS 1-121(b) hereof.

The Planning Commission shall elect a Chairman from its membership. The Chairman's term shall be one year with eligibility for reelection. The Planning Commission shall hold at least one regular meeting each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record.

Duties generally. Included among the duties of the Planning Commission under this Title are the following:

The Zoning Administrator shall be the Chairman of the Technical Review Committee. At the direction of the Zoning Administrator, another representative of the Department may serve as Chairman. The Technical Review Committee shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. The rules of the Technical Review Committee shall be approved by the Planning Commission. The function of the Technical Review Committee shall be advisory except where specifically provided otherwise. Any dispute in the operation of the Technical Review Committee shall be settled by the Director of the Department.

The Technical Review Committee shall have such advisory duties as may be given under this Title.

Appeal from decision. Any person aggrieved of any decision of the Technical Review Committee, whose decision is required pursuant to this Title, may, within thirty days of such decision, appeal and have a determination made by the Planning Commission.

Proposals for amendments to the text of this Title may be made by any interested person who is a resident of the County, a taxpayer therein or by any governmental agencies of the County. Such proposals for text amendments shall be in the form as prescribed by the Planning Commission and shall be addressed to and filed with the County Commissioners.

Text amendments shall be passed by the County Commissioners as Public Local Laws according to legally required procedures, with the following additional requirements: Any proposed amendment shall first be referred to the Planning Commission for recommendation. The Planning Commission shall make a recommendation to the County Commissioners within a reasonable time after receipt of the proposed amendment. If, after receipt of the recommendation of the Planning Commission, no County Commissioner is willing to introduce the proposed amendment as a bill, it need not be considered. If one or more County Commissioners does introduce the proposed amendment as a bill, the County Commissioners shall hold at least one public hearing in relation to the proposed amendment, at which parties and interested citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing and the nature of the proposed amendment shall be published in an official paper or a paper of general circulation in the County in accordance with the provisions of § ZS 1-114 hereof.

Application.

Any officially filed amendment or other change shall first be referred by the County Commissioners to the Planning Commission for an investigation and recommendation. The Planning Commission may make such investigations as it deems appropriate or necessary and, for the purpose of its review, may require the submission of pertinent information by any person concerned and may hold such public hearings as are appropriate in its judgement. The Planning Commission shall formulate its recommendation on such amendment or change and shall submit its recommendation and pertinent supporting information to the County Commissioners within ninety days after the Planning Commission's decision of recommendation, unless an extension of time is granted by the County Commissioners. After receiving the recommendation of the Planning Commission concerning any such amendment to this Title and before adopting or denying the same, the County Commissioners shall hold a public hearing in reference thereto in order that parties of interest and citizens shall have an opportunity to be heard. The County Commissioners shall give public notice of such hearing in accordance with the provisions of § ZS 1-114 hereof. Two legible full and complete copies of all exhibits, including electronic media, to be introduced by the applicant at any rezoning hearing as well as any proposed conditions of any rezoning shall be delivered to the Department at least thirty days prior to any rezoning hearing. The exhibits delivered shall be introduced by the applicant into evidence at the public hearing. No other exhibits other than rebuttal shall be permitted to be introduced by the applicant without specific permission of the County Commissioners given at the public hearing. The entire file and record of the staff and Planning Commission shall be incorporated in the record of the hearing and considered by the County Commissioners. Except as hereinafter provided, a simple majority vote of the entire Board of County Commissioners shall be required to pass any map amendment to this Title. However, a five-sevenths majority vote of the entire Board of County Commissioners shall be required to pass any map amendment to this Title which represents a substantial change in or departure, as determined by a majority of the County Commissioners, from a proposed map amendment as favorably recommended by the Planning Commission or to pass a proposed map amendment which has received an unfavorable recommendation from the Planning Commission. Failure to obtain the aforesaid required majority shall constitute a denial. For the purposes of this section, the "entire Board" shall mean all members eligible to vote on any proposed amendment. A complete record shall be kept of the public hearing and the votes of all members of the County Commissioners in deciding all questions relating to the proposed map amendment.

Where the purpose and effect of the proposed amendment is to change the zoning classification of the property, the County 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 and existing environmental conditions for the area, including having no adverse impact on waters included on the State's impaired waters list or having an established total maximum daily load requirement, the recommendation of the Planning Commission and compatibility with the County's Comprehensive Plan. The County Commissioners may grant the map amendment based upon a finding that there was a substantial change in the character of the neighborhood where the property is located since the last zoning of the property or that there is a mistake in the existing zoning classification and that a change in zoning would be more desirable in terms of the objectives of the Comprehensive Plan. The County Commissioners may adopt the findings or portions of the findings of the Planning Commission as the findings of the County Commissioners. Individual County Commissioners may make separate findings, but such separate findings considered as a whole must support the action taken. The findings may include reasonably drawn conclusions. The fact that an application for a map amendment complies with all of the specific requirements and purposes set forth in this Title shall not be deemed to create a presumption that the proposed reclassification and resulting development would in fact be compatible with the surrounding land uses and is not, in itself, sufficient to require the granting of the application.

No application for a map amendment shall be accepted for filing by the office of the County Commissioners if the application is for the reclassification of the whole or any part of land for which the County Commissioners have denied reclassification within the previous twelve months as measured from the date of the County Commissioners vote for denial. However, the County Commissioners may grant reasonable continuances for good cause. In addition, the County Commissioners may allow an applicant to withdraw an application for a map amendment at any time, provided that, if the request for withdrawal is made after publication of the notice of public hearing, no application for reclassification of all or any part of the land which is the subject of the application shall be allowed within twelve months following the date of such withdrawal, unless the Commissioners specify by formal resolution that the time limitation shall not apply.

The County Commissioners, upon the rezoning of any land or lands, may impose such restrictions, conditions or limitations as may be deemed by them to be appropriate to preserve, improve or protect the general character and design of the lands and improvements being zoned or rezoned or of the surrounding or adjacent lands and improvements and may, upon the zoning or rezoning of any land or lands, retain or reserve the power and authority to approve or disapprove the design of buildings, construction, landscaping or other improvements, alterations and changes made or to be made on the subject land or lands. In the event of a conditional map amendment, the restrictions, conditions and limitations shall be reduced to the form of an agreement signed by the owner and all lien holders and recorded among the land records at the expense of the owner. Restrictions, conditions or limitations may be recommended by the Planning Commission and shall be advertised verbatim or in summary form in the notice of the public hearing on the map amendment. Such recommended restrictions, conditions or limitations shall be considered a part of the Planning Commission's recommendation and subject to the five-sevenths majority vote provisions hereof. If there are no proposed restrictions, conditions or limitations at the time of the advertisement prior to the rezoning hearing, the Commissioners may state in the notice that restrictions, conditions or limitations will be considered at the hearing and may, subsequent to the hearing, without additional advertisement or hearing, impose any such restrictions. A restriction, condition or limitation imposed on an amendment, supplement or change in this Title shall become a part of this Title, and violation thereof shall be deemed to be a violation of this Title.

Comprehensive (sectional) reclassification map amendments.

By the posting of a reasonably sized sign upon the property which is the subject of the proceedings as follows:

All proceedings under the terms of this Title requiring a public hearing shall be advertised at least once in one newspaper of general circulation in the County not less than fifteen days prior to the date such proceeding is scheduled for hearing, which advertisement shall state the following:

Whenever the application of this Title requires the holding of a public hearing, a notice of the time and place of such hearing shall be mailed to the initiator of the proceeding, to each incorporated municipality within one mile of the property affected by the proposed change, to the owners of all property contiguous to the property with which the hearing is concerned and to all properties opposite the property with which the hearing is concerned. Opposite properties are measured at right angles to the center line of any intervening roads. Such mailed notices shall be sufficient if directed to such qualifying property owners as shown on the tax records of the County, at the address to which the real estate tax bill on the property is sent, and as shown on the current property tax records for the County. Such notice shall contain the same information as the published notice required by this subsection and shall be mailed not less than fifteen days prior to the date of the hearing. An affidavit of compliance with this section shall be made a part of the record. Posting or notification of property owners shall not be required for proposed sectional or comprehensive map amendment procedures or for proposed amendments to the text of this Title.

Erect or locate or begin the construction, reconstruction, extension, renovation, demolition or alteration, including the excavation thereof, of any building or structure until a permit for such work has been issued by the Department; or

Construct a well or sewage disposal system, including the reconstruction, replacement or extension of an existing well or sewage disposal system, until a permit for such work has been issued by the Department of the Environment.

Use a building or structure or part thereof, erected or located after the effective date of this Title, until a zoning/occupancy certificate for such use has been issued by the Department; or

Change the use of any land, building or structure, after the effective date of this Title, until a zoning/occupancy certificate for such change in use has been issued by the Department.

Applicant. Applications may only be filed by the property owner, contract purchaser, option holder, lessee or his attorney, contractor or agent. If the application is made by a person other than the property owner, the application shall be cosigned by the property owner or the property owner's attorney at law or in fact. Application for a permit for a bulkhead or other shoreline protection structure may be filed by the owner of a legally enforceable easement or right-of-way permitting the construction applied for, who shall be considered the property owner for the purposes of this subsection, and shall be fully liable for the execution of the construction in compliance with all applicable laws, regulations and permit conditions.

Site plan. Applications for a permit shall be accompanied by a site plan or plat of the lot drawn to scale and accurately showing the property lines, required setbacks, the location and use of existing buildings and structures and the design, location and height of the proposed construction work or land use. All lot dimensions shall be based on actual measurement or deed description. For applications for permits or zoning/occupancy certificates, the Department may require such information as it deems necessary to ensure that the proposed construction and use comply with the provisions of this Title and other applicable regulations. Therefore, depending upon the particular type of application requested, additional information may be necessary for the Department to thoroughly evaluate the application, including but not limited to information regarding drainageways, driveways, parking areas, well location, wastewater treatment and disposal or septic areas, impervious surfaces, forested areas, wetlands, and limits of disturbance.

Water supply and wastewater disposal. No permit shall be issued until the proposed water supply system and wastewater disposal system have been approved by the Environmental Programs Division. Furthermore, in all cases other than individual commercial projects that when complete will serve only one property and be under the sole operation and control of the property owner and not further subdivided in any manner, the collection and distribution lines and laterals for sewer and water must have been constructed and approved, bonded to the County and/or constructed to the extent that Environmental Programs Division approval can be given for the issuance of the permit, and the cost of installation of the water pits and meters is paid to the County Commissioners.

Access and drainage. No permit shall be issued until the proposed location and design of any driveway, drainageway and drainage structure and any signs connected with, located within or adjacent to the right-of-way of any public road have been approved by the County Department of Public Works or the State Highway Administration, whichever has jurisdiction. Additionally, any required bonds or other financial securities shall be posted prior to permit issuance.

Construction on bonded roads. A permit may be issued subject to the following conditions:

Stormwater and sediment and erosion control. Where necessary no permit shall be issued until the proposed stormwater management and sediment and erosion control plans have been approved by the appropriate agency. Additionally, depending upon the particular permit requested, the construction of such facilities or the posting of bonds or other financial securities may be required prior to permit issuance.

Issuance. The Department shall not be required to issue a permit or certificate until the applicant has corrected any violations of the Code of Public Local Laws of Worcester County, Maryland, and has provided all requested information and the Department has determined that the proposed construction and/or use complies with the provisions of this Title and other applicable County regulations, including the receipt of approvals and permits required by such other regulations.

No occupancy permit or zoning certificate may be issued in conjunction with a permit for a structure on a bonded road until the road has been approved and accepted by the County. However, in the event that the road construction is complete except for the application of the final wearing surface (top coat), an occupancy permit or zoning certificate may be issued if a bond for this work is posted with the County in accordance with the provisions of § ZS 1-125 hereof.

If the final wearing surface (top coat) bonded pursuant to the provisions of this section is not completed, accepted, and approved by the County within six months after the issuance of the first occupancy permit or zoning certificate within the bonded area, the bond shall be automatically forfeited to the County. The County Commissioners may grant a one-time extension of the six-month completion requirement up to an additional six months upon written request by the applicant showing just cause, which request must be received by the County Commissioners at least thirty days prior to the expiration of the original time limit. In granting the extension, the County Commissioners may require that the bond be increased to cover the cost of application of the final wearing surface (top coat) and all necessary repairs to the road.

The construction conforms to such permit.

Construction shall start within twelve months after the effective date of this Title.

Completion thereof is achieved in a timely manner.

The approval of the Environmental Programs Division required by Subsection (c)(3) hereof shall be dated not more than thirty days prior to the approval of the permit.

The property owner shall file an affidavit with the permit application, on forms prescribed by the Department, certifying that the applicant intends to commence construction forthwith, has sufficient funding to complete construction, has a contractor or the ability to expeditiously complete the structure, has all other required approvals from all utilities and has all enforceable approvals required by any other governmental agencies and pursuant to private deed covenants or restrictions.

All site preparation and the foundation shall be completed within ninety days of the issuance of the permit. The shell of the building must be completely erected within two hundred forty days from the issuance of the permit. The "shell" shall mean all walls, roofs, windows, siding and exterior doors.

The County Commissioners may, by resolution, impose limits on the issuance of permits for multi-family or commercial structures upon a finding that such limitation is needed to promote the orderly growth of the area and for the purposes of this Title.

To hear and decide appeals where it is alleged that there is an error in the application of the law (but not in discretionary judgment) in any order, requirement, decision or determination made by the Department in the administration or enforcement of this Title or in the decision of the hearing official relative to administrative adjustments considered pursuant to § ZS 1-117(f) hereof. There shall be no appeal to the Board from a decision of the Planning Commission.

To determine, consistent with the provisions of § ZS 1-110(c) hereof, the boundaries of districts.

To hear and decide only such special exceptions as the Board is specifically authorized to pass on according to the provisions of this Title and to decide such questions as are involved in determining whether special exceptions should be granted.

To authorize, upon appeal, in specific cases such variances from the setback or lot area provisions of this Title as will not be contrary to the public interest where, owing to special or unique conditions, a literal enforcement of the provisions of this Title would result in unnecessary hardship of other than a financial nature.

To grant the expansion of the area of nonconforming uses and structures upon a single lot in accordance with the provisions of § ZS 1-122 hereof.

To prescribe, in the granting of any variance, special exception or expansion of a nonconforming use or structure, appropriate conditions and safeguards in conformity with this Title and other regulations. Violations of such conditions and safeguards, when made a part of the terms under which the variance or special exception is granted, shall be deemed a violation of this Title and shall be punishable under the provisions of § ZS 1-120 hereof and, at the discretion of the Board after notice and hearing, shall be grounds for termination or revocation of the variance or special exception itself.

To reverse, affirm, wholly or in part, or modify the order and render the decision as ought to be made, the actions of the Department and to that end shall have the powers of the Department so long as such action is in conformity with the terms of this Title.

To have continuing jurisdiction, without time limitation, over all special exceptions, variances and expansions of nonconforming uses and structures granted by the Board and may, from time to time, review such cases to ensure compliance with this Title. Should the Board find noncompliance, it may request that the Department pursue the complaint as provided in § ZS 1-111 hereof, or it may rehear the case following the procedures prescribed by this Title for an original case, including required public notice and a public hearing. Upon rehearing the case, the Board may attach additional conditions or limitations to ensure future compliance, or it may revoke the original grant and may order the special exception, variance or expansion removed and the site restored to its prior condition. A special exception, variance or expansion of a nonconformity granted by the Board shall authorize only such structures and uses as specified in the approval and is subject to all conditions or plans attached thereto. No future changes or expansion of a special exception, variance or nonconformity shall be made without the prior approval of the Board.

To require a bond to its satisfaction in cases where it deems such to be appropriate.

Applications for special exceptions, variances, expansions of a nonconformity and interpretation of district boundaries consistent with the provisions of § ZS 1-110(c) hereof may be filed only by an aggrieved governmental agency or the owner, contract purchaser, option holder or lessee of the property to be affected or by his attorney or agent. Applications filed by persons other than the property owner must be cosigned by the property owner or the property owner's attorney at law or in fact. Appeals to the Board for administrative review may be filed by any person or governmental agency who is directly aggrieved by the order, requirements, decision or determination from which the appeal is taken. Appeals and applications shall be made on forms provided by the Department. Such appeals or applications shall be acted upon within a reasonable time not to exceed ninety days or such lesser period as may be provided by the rules of the Board. Appeals and applications accompanied by the required fees as established by the County Commissioners shall be filed with the Department. In the case of appeals, the Department shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

In the case of special exceptions, variances and expansions of nonconformities, every application shall be accompanied by a site plan meeting the following requirements:

The Board may waive any of the requirements cited in Subsection (d)(2) hereof where it finds them nonessential for rendering its decision. The Board may adopt policies to be used for waivers. The Board or Department may require such additional data, drawings or documentation as it deems necessary to adequately review the application for compliance with the intent and provisions of this Title. The Board may continue any case in order to obtain additional data, drawings or documentation.

The Board's granting of a special exception, variance or expansion of a nonconforming use or structure shall authorize, without deviation, only the uses and structures as shown on the site plan as approved, including any modifications that the Board may have incorporated in its approval. Deviation from such approved site plan or attached modifications shall be considered a violation of this Title.

The Board shall provide the Planning Commission with a copy of its agenda at least fifteen days prior to each of its meetings. The Planning Commission may comment on or appear at the hearing on any matter pending before the Board. Such comments shall be considered by the Board but shall not be binding upon the Board.

The Board may request from the Planning Commission or Technical Review Committee such technical service, data or factual evidence as will further assist the Board in reaching decisions, and any such information forwarded by the Planning Commission shall be incorporated into the public record and shall be made available to the applicant if requested.

A death in the immediate family of the applicant or his/her attorney.

A serious illness on the part of the applicant or his/her attorney which requires the treatment or supervision of a medical doctor.

The incarceration or criminal detention of the applicant or his/her attorney.

Any other like circumstance that the Board determines to be of such a serious nature as to prohibit the attendance of the applicant or his/her attorney.

Nothing contained in this section shall be deemed to authorize the Board to reverse or modify any refusal of a permit or any other order, requirement, decision or determination which conforms to the provisions of this Title and which is therefore not erroneous or to authorize the Board to validate, ratify or legalize any violation of law or of the provisions of this Title.

The Board shall not amend any of the provisions of this Title, including the Official Zoning Maps, except as specifically authorized in Subsection (c)(2) hereof.

To hear and decide appeals from an applicant where it is alleged that there is an error in the application of the law (but not in discretionary judgment), in any order, requirement, decision or determination made by the Department in the administration or enforcement of the Worcester County Forest Conservation Law.[1]

To hear and decide applications from an applicant for adjustments and exceptions to the requirements of the Worcester County Forest Conservation Law in accordance with the provisions thereof.

Decisions of the Board with respect to such matters shall be made after a hearing following the same procedures established for a zoning case in Subsections (d)(2) and (d)(3) and Subsections (e), (g), (h) and (i) hereof.

In accordance with the provisions of § NR 3-111 of the Worcester County Natural Resources Article, as from time to time amended, the Board shall have the power to authorize upon appeal in specific cases variances to the terms of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland, NR3, Subtitle NR3:I, Atlantic Coastal Bays Critical Area Ordinance.

In accordance with the provisions of any buffer management plans adopted by resolution of the County Commissioners in accordance with the provisions of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland, Title 3, Subtitle I, Atlantic Coastal Bays Critical Area Ordinance, the Board shall have the power to review the decision of the Department with respect to the denial of requests for payment in lieu for required mitigation or bufferyard establishment.

In accordance with § NR 2-102(h)(1) of the Natural Resources Article of the Code of Public Local Laws of Worcester County, Maryland, as from time to time amended, the Board shall only have the power to hear and decide appeals where it is alleged that there is an error in the application of the law (but not in discretionary judgment) in any requirement, decision or determination made by the Department or Approval Authority charged with administration of construction along shorelines as specified in § NR 2-102 relative to any application for shoreline construction. In considering such an appeal and making a decision the Board shall make specific findings of fact with regard to the Department's or Approval Authority's decision on the application relative to the following: environmental impact; navigational impact; recreational potential; commercial benefit to Worcester County; the impact of the proposed construction upon the surrounding neighborhood and upon property values therein; and such other matters as the Board may consider appropriate and germane to the issue.

To authorize modifications to the limitations on the extension of waterfront structures into a body of water pursuant to § NR 2-102(e)(1), as from time to time amended.

To authorize modifications to the minimum separation requirement of waterfront structures to adjoining property lines pursuant to § NR 2-102(e)(2), as from time to time amended.

A proposed encroachment into a required yard setback which is less than or equal to twenty percent of the required setback where the applicant has affirmatively demonstrated each of the following:

An after-the-fact encroachment into a required yard setback which is less than or equal to five percent of the required yard setback, but in no case greater than one foot, where in addition to the criteria contained in Subsection (e)(1) hereof the applicant has affirmatively demonstrated that the encroachment resulted from an error in the layout or construction of the structure which was indeterminate until the time of final inspection.

A reduction in the off-street parking requirements contained in § ZS 1-320 hereof of not greater than twenty percent where, on a case by case basis, it is demonstrated that due to the particular nature of a use or business, the condition, shape or size of a particular property, or a special circumstance as determined by the administrative hearing official that such reduction is appropriate.

A modification of the off-street parking requirements contained in this Title with respect to the layout, arrangement, separation, or setback, but not with regard to number of parking spaces, where such modification serves to reduce an environmental impact or to achieve greater compliance with the provisions of this Title for an existing nonconforming use or structure.

A modification of the separation distance between an accessory apartment located within an accessory building and the principal building on the property where such modification serves to reduce an environmental impact.

A proposed encroachment into a required yard setback for the addition of a new structure or use at an existing poultry operation in accordance with the provisions of § ZS 1-349(g)(6) hereof.

Should the Department fail to receive a request to be heard within the fifteen day time period, the Department shall schedule a time for the administrative hearing official's consideration and decision on the applicant's request within twenty-one calendar days. The applicant may request to be present during the consideration and offer additional information, testimony or exhibits.

Should the Department receive a request to be heard by a notified individual, it shall schedule a time within thirty calendar days of the request to consider the application and to take any testimony and evidence. The date and time shall be during normal business hours. The applicant and all notified property owners shall receive notice as to the day and time of consideration. Requests for postponement of consideration of the application may be filed by the applicant or protestants but shall only be granted by the administrative hearing official in extreme cases. The administrative hearing official shall establish reasonable rules of procedure, which shall be informal in nature, for the consideration of the request, including the receipt of testimony, evidence and exhibits. Prior to a decision on the application the administrative hearing official may continue the case solely for the purpose of obtaining additional evidence or testimony or for the administrative hearing official to seek information or advice from other departments. A continuance shall not be granted to either the applicant or protestants simply to provide for additional preparation time.

All decisions on applications for administrative adjustment shall include written findings of fact and shall be made available within fifteen calendar days of the final decision.

Considering and adopting or rejecting proposed amendments to the text and the maps or the repeal of this Title as stated in § ZS 1-113 hereof.

Establishing a schedule of fees, charges and expenses as stated in § ZS 1-106 hereof.

Creation of the Planning Commission and appointment of its members as stated in § ZS 1-112 hereof.

Creation of the Board of Zoning Appeals and appointment of its members as stated in § ZS 1-116 hereof.

Creation of the Historic District Commission and appointment of its members as stated in § ZS 1-301 hereof.

The imposition of moratoria by resolution in order to accomplish the purposes of the Comprehensive Plan and the intent of this Title and to safeguard the planning processes and provide for smooth transitions and protection of the health, safety and welfare of the population.

Imposing impact fees and exactions as appropriate and necessary.

Considering and acting upon overlay zones and residential planned communities (RPCs) and Historical/Cultural/Agricultural Floating Zones (HCAs).

Adopting development standards.

Exercising such other powers and duties as are provided for specifically by law.

Adopting plans, including comprehensive development plans, transportation corridor plans and any plans necessary for the purposes of this Article, by resolution after public hearing pursuant to § ZS 1-114 hereof.

Unless otherwise specified in this Article, violations of the provisions of this Title or failure to comply with any of its requirements shall constitute a civil infraction.

The owner or tenant of any building, structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

To the maximum extent reasonable, the court shall order the violation removed or corrected and may issue such additional orders as the court may deem appropriate to safeguard against future violations of this Title.

Nothing herein contained shall prevent the County from withholding the issuance of a permit or from revoking an issued permit, special exception, variance or approval from the offender or from taking such other lawful action as is necessary to prevent or remedy any violation of this Title.

Setbacks shall be established as follows:

In cases where the lot does not front on a public or approved private road, a single-family dwelling, or no more than one farm building group, may be situated on a lot which is served by a deeded right-of-way of not less than fifteen feet in width, or a legally established easement or right-of-way not less than fifteen feet in width, satisfactorily proven by probative documentary evidence, which may include an opinion from an attorney at law licensed to practice law in the State of Maryland.

The water supply and sewage disposal system for the lot shall be approved by the Environmental Programs Division.

Manufactured and mobile homes permitted by special exception in any district shall comply with the provisions of § ZS 1-116(c)(3) hereof.

Without prior approval of the Board of Zoning Appeals as a special exception, on any single lot of record, the noncomplying portion of any such structure shall not be:

No nonconforming use of land shall be enlarged in area or moved to a new location except by action of the Board of Zoning Appeals as a special exception. The Board may grant an expansion not to exceed fifty percent of the original land area used in a nonconforming manner at the time it became a nonconforming use. The Board shall have no authority to grant an expansion exceeding fifty percent of the original land area used in a nonconforming manner at the time it became a nonconforming use.

Any nonconforming use may be extended throughout the remaining parts of the building in which it is located, provided that such parts were manifestly arranged or designed for such use at the time of adoption or amendment of this Title. Board action is not required.

Any structure, land, or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.

When a nonconforming use of a structure, land, or structure and land in combination is abandoned for twelve consecutive months, the structure, land, or structure and land in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

Notwithstanding any other provisions of this Title, any nonconforming structure lawfully existing at the time of the adoption or amendment of this Title which shall be destroyed to any extent by forces of nature or casualty may be repaired or reconstructed at its prior location without Board action, provided that such structure is reconstructed within two years from the date of destruction. Destruction by forces of nature or casualty shall not include demolition or destruction by neglect or failure to maintain.

Ordinary repairs and maintenance may be performed on any nonconforming structure.

If a nonconforming structure or portion thereof becomes physically unsafe or unlawful to occupy due to lack of repairs or maintenance and is declared by any duly authorized official to be unsafe or unlawful for occupancy by reason of physical condition, it shall not thereafter be restored or rebuilt except in conformity with this section.

Such structures are nonconforming as to their use under current zoning district regulations; and,

Such structures comply with the least restrictive height and setback requirements for the zoning district in which located; and,

If abandoned, use of the dwelling or manufactured or mobile home as an occupied dwelling is resumed within two years of the date of abandonment.

Its relationship to existing and planned public roads of the County.

The nature of the area to be served by the road.

The desirability or necessity of public access to the areas to be served by the road.

Whether or not the construction and maintenance of the road is financially feasible.

Proposed construction and maintenance standards.

The proposed maintenance plan.

Grandfathering provisions shall apply only to projects for which plan approval has been granted and shall be limited to:

All unexpired plan approvals granted pursuant to the provisions of the Zoning and Subdivision Control Article of the Code of Public Local Laws of Worcester County, Maryland in effect at the time of said plan approval shall be considered to have received approval on the effective date of this Title with respect to the expiration of such plan approvals. Expiration of said plan approvals shall be as specified in the following sections of the Zoning and Subdivision Control Article:

Project development may proceed in accordance with the plan approval unless such approval shall expire. In the case of expiration, reapproval shall be in conformance with all provisions of the Zoning and Subdivision Control Article in effect at the time of reapplication.