Art-XVII - Board of Appeals
Article
Contents
§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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
—. Decision by Board; appeal from decision by Board. The Board shail 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.
hearing has been started; however, the Board shall announce the date and hour of
continuance of such hearing while in session.
—. Decision by Board; appeal from decision by Board. The Board shail 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.
A.
The number of people residing or working in the immediate area concerned.
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The orderly growth of Sykesville.
Traffic conditions and facilities.
The effect of such use upon the peaceful enjoyment of people in their homes.
The conservation of property values.
The effect of odors, dust, gas, smoke, fumes, vibrations, glare and noise upon the use
fa}
of surrounding property values.
The most appropriate use of land and structure.
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9 ®
The orderly growth of Sykesville.
Traffic conditions and facilities.
The effect of such use upon the peaceful enjoyment of people in their homes.
The conservation of property values.
The effect of odors, dust, gas, smoke, fumes, vibrations, glare and noise upon the use
fa}
of surrounding property values.
The most appropriate use of land and structure.
§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.
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.
determined by the Mayor and Council of Sykesville.