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Anne Arundel County Overview
Anne Arundel County Code, 2005
ANNE ARUNDEL COUNTY CODE, 2005
COUNTY OFFICIALS 2024
CHARTER
ARTICLE 1. GENERAL PROVISIONS
ARTICLE 2. BRANCHES OF COUNTY GOVERNMENT
ARTICLE 3. BOARDS, COMMISSIONS, AND SIMILAR BODIES
ARTICLE 4. FINANCE, TAXATION, AND BUDGET
ARTICLE 5. PENSIONS
ARTICLE 6. PERSONNEL
ARTICLE 7. PUBLIC ETHICS
ARTICLE 8. PURCHASING
ARTICLE 9. CRIMES, CIVIL OFFENSES, AND FINES
ARTICLE 10. CABLE FRANCHISE ACT OF 2006
ARTICLE 11. LICENSES AND REGISTRATIONS
ARTICLE 12. PUBLIC SAFETY
ARTICLE 13. PUBLIC WORKS
ARTICLE 14. RECREATION AND PARKS
ARTICLE 15. CONSTRUCTION AND PROPERTY MAINTENANCE CODES
ARTICLE 16. FLOODPLAIN MANAGEMENT, EROSION AND SEDIMENT CONTROL, AND STORMWATER MANAGEMENT
ARTICLE 17. SUBDIVISION AND DEVELOPMENT
ARTICLE 18. ZONING
APPENDIX A. RULES OF PROCEDURE OF THE COUNTY COUNCIL
APPENDIX B. RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF APPEALS
PARALLEL REFERENCE TABLES
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§ 18-16-103. Ex parte communications prohibited.
   A person may not communicate ex parte or confer privately with the Administrative Hearing Officer concerning a pending or proposed application. Information sought by a member of the public or a party to a hearing before the Administrative Hearing Officer shall be directed to the Office of Planning and Zoning.
(Bill No. 4-05)
SUBTITLE 2. APPLICATION PROCESS AND PRE-HEARING PROCEDURES
§ 18-16-201. Applications.
   (a)   Generally. A person having a financial, contractual, or proprietary interest in property to be affected may file an application, accompanied by an administrative site plan, with the Office of Planning and Zoning on a form supplied by the Office. A separate application is required for each request. Each application shall contain a list of the names and addresses of all property owners who own land:
      (1)   located within 300 feet of the affected property;
      (2)   that confronts or adjoins the affected property; and
      (3)   except for property owned by government entities or public service companies, that confronts or adjoins land identified in subsection (a)(2).
   (b)   Failure to conform. The Office of Planning and Zoning may not accept an application for filing if it fails to conform with the requirements of this title.
   (c)   Pre-filing meeting required. Before filing an application for a variance, special exception, or to change a zoning district, to change or remove a critical area classification, or for a variance in the critical area or a bog protection area, an applicant shall meet with the Office of Planning and Zoning to review a pre-file concept plan or an administrative site plan. For single lot properties the owner shall prepare a simple site plan as a basis for determining what can be done under the provisions of this Code to avoid the need for a variance.
   (d)   Contents of a pre-file plan. A pre-file plan shall include:
      (1)   the outline of the property and topography with steep slopes and buffers delineated with scale and north arrow which requirement may be satisfied by a County GIS with tax map boundary overlay;
      (2)   zoning boundaries;
      (3)   critical area and bog protection areas;
      (4)   existing and proposed structures and uses;
      (5)   setbacks and parking;
      (6)   access and interior road circulation;
      (7)   conceptual utilities and drainage structures;
      (8)   forested areas and mean high water lines;
      (9)   all natural features and required buffers; and
      (10)   a vicinity map.
   (e)   Contents of administrative site plan. An administrative site plan shall include:
      (1)   the outline of the property with scale and north arrow;
      (2)   zoning boundaries and, where the boundary abuts a public right-of-way, the boundary shall be shown to the center line of the right-of-way;
      (3)   critical area and bog protection areas;
      (4)   existing and proposed structures and uses;
      (5)   setbacks, parking, and landscaping in accordance with requirements of the Landscape Manual;
      (6)   access and interior road circulation;
      (7)   utilities and drainage structures;
      (8)   easements of record;
      (9)   forested areas and mean high water lines;
      (10)   natural features;
      (11)   for sites in the critical area, field run topography at two-foot intervals if the site has slopes of 15% or more;
      (12)   for sites not in the critical area, field run topography at two-foot intervals if the site has slopes of 25% or more;
      (13)   a vicinity map;
      (14)   for any development impacting environmentally sensitive areas, and all new single- family dwellings, all information contained in the current County preliminary plan checklist or other relevant information specified by the Planning and Zoning Officer; and
      (15)   for any development impacting environmentally sensitive areas or disturbing 5,000 square feet or more, and all new single-family dwellings, a stormwater management plan that satisfies requirements of the County Procedures Manual.
   (f)   Modification of application. After the Office of Planning and Zoning accepts an application for filing, the application may be modified or amended until 10 days before the date of the hearing for a more restrictive use only.
   (g)   Withdrawal of application. An application that is withdrawn after the hearing is advertised shall be considered as having been denied on the date of the withdrawal.
(Bill No. 4-05; Bill No. 78-05; Bill No. 60-10; Bill No. 75-10; Bill No. 93-12; Bill No. 19-18)
§ 18-16-202. Scheduling of hearing.
   (a)   In general. The Office of Planning and Zoning shall submit a list of applications to the Administrative Hearing Officer weekly for the scheduling of hearings. Not less than 20 days before the date for each hearing, the Office shall transmit to the Administrative Hearing Officer its entire file for each application. Not less than seven days before the date of each hearing, the Office shall transmit to the Administrative Hearing Officer the written position of the Office of Planning and Zoning on each application. The Administrative Hearing Officer shall maintain a docket of each case to be heard, and the docket shall include each case or file number, the name of the case, and the date of the hearing.
   (b)   Hearing date. Not more than 30 days after receipt of the list of applications, the Administrative Hearing Officer shall schedule a hearing and notify the applicant. The time, date, and place of the hearing shall be fixed with due regard for the interest and convenience of the public and the parties, except that hearings for rezonings shall begin no earlier than 6:00 p.m.
   (c)   Postponements. After a hearing has been scheduled, the hearing may not be postponed unless a written motion is filed that demonstrates compelling circumstances for a postponement. If the Administrative Hearing Officer grants a postponement, the sign provisions of § 18-16-203 shall be complied with anew and the Administrative Hearing Officer shall require the person who requested the postponement to pay all costs caused by the postponement.
(Bill No. 4-05; Bill No. 93-12; Bill No. 53-17)
§ 18-16-203. Notices and signs.
   (a)   To certain property owners. The Administrative Hearing Officer shall send, by first class mail postage prepaid, to each property owner identified in the application pursuant to § 18-16-201(a), a notice containing information about the case and the date, time, and location of the hearing. The notice shall state that further information may be obtained from the Office of Planning and Zoning. The Administrative Hearing Officer shall also send the notice to any person who has served a written notice on the Administrative Hearing Officer of an intention to appear at the hearing. At least two weeks before the scheduled hearing date, the Administrative Hearing Officer shall post the hearing notice on the County's website.
   (b)   To Critical Area Commission. For an application for a reclassification of property in the critical area, the applicant shall send copies of the application and of the Administrative Hearing Officer's notice to the Critical Area Commission at least 30 days before the hearing.
   (c)   To community associations and others. The Office of the County Executive shall maintain a list of all community associations in the County and of all other persons and organizations who request to receive the mailing described in this subtitle. At least two weeks before the scheduled hearing date, the Office of the County Executive shall provide a copy of the Administrative Hearing Officer's notice of hearing to each community association, person, and organization on the list that is located in the Councilmanic District of the property to be affected and any abutting Councilmanic District if the property abuts another Councilmanic District. This notice may be given by e-mail. The Office of the County Executive shall certify, in writing, to the Administrative Hearing Officer that the notice has been provided, and the certification constitutes prima facie evidence that the information has been provided. The Administrative Hearing Officer may not conduct the hearing without the certification.
   (d)   Signs.
      (1)   For a period of not less than 30 days before the date of a hearing on an application for a rezoning or critical area reclassification or for a period of not less than 14 days before the date of a hearing on an application for a special exception or variance, one or more signs shall be posted on the subject property to give notice of the application. The Office of Planning and Zoning shall furnish the signs to the applicant, and the applicant is responsible for posting and maintaining the signs.
      (2)   Signs shall be located not more than 10 feet from each boundary of the property that abuts a public road or navigable water, except that, if required by flora covering the property or topographic conditions of the land, a sign may be posted farther than 10 feet from the boundary to enhance its visibility. If the property does not abut a public road, one or more signs shall be posted in locations that can be readily seen by the public. The bottom of each sign shall be erected three feet above the ground.
(Bill No. 4-05; Bill No. 67-08; Bill No. 65-13; Bill No. 19-18)
SUBTITLE 3. HEARING AND DECISION
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