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(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)
(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
(a) Conducted in public. The Administrative Hearing Officer shall conduct a public hearing on an application, which shall be recorded. The hearing may be continued from time to time, with the time and place of the next hearing date announced publicly.
(b) Rulings and witnesses. The hearing shall be conducted in an impartial and orderly manner. The applicant, the County, and any other person deemed qualified by the Administrative Hearing Officer may introduce evidence and testify. The Administrative Hearing Officer shall rule on procedural matters and objections made during the course of a hearing. Each witness shall testify under oath.
(c) Burden of proof. The applicant has the burden of proof, including the burden of going forward with the production of evidence and the burden of persuasion, on all questions of fact. The burden of persuasion is by a preponderance of the evidence.
(Bill No. 4-05)
(a) Nature of application. An application for a critical area reclassification may be for a more or less restrictive classification and may cover more than one lot if portions of each lot are proposed to be designated in the same classification or one or more classifications.
(b) Requirements for approval. Critical area reclassifications shall be granted or denied in accordance with compatibility with the underlying zoning district, but may not be granted unless the Administrative Hearing Officer makes the following affirmative findings:
(1) There was a mistake in the approved critical area map based on land uses or natural features in existence on December 1, 1985, provided that a property located within 2,000 feet of public water or sewer may not be considered to have public water or sewer for purposes of reclassification and may not be considered to be a mapping mistake;
(2) The proposed critical area classification conforms to the State and County critical area mapping criteria;
(3) The proposed critical area classification conforms to the environmental goals and standards of the General Development Plan;
(4) There is compatibility between the uses of the property as reclassified and surrounding land uses, so as to promote the health, safety, and welfare of present and future residents of the County and effective environmental land use management; and
(5) The applicant provided to the Critical Area Commission a copy of the Administrative Hearing Officer's notice and a copy of the application at least 30 days before the date of the hearing.
(Bill No. 4-05; Bill No. 67-08)
(a) Generally. An application for a rezoning may be for a more or less restrictive classification and may cover more than one lot if portions of the lots are proposed to be classified in the same district or in one or more districts.
(b) Requirements for approval. A rezoning may not be granted unless the Administrative Hearing Officer makes the following affirmative findings:
(1) There was a mistake in the zoning map or the character of the neighborhood has changed to such an extent that the zoning map should be changed;
(2) The new zoning classification conforms to the General Development Plan in relation to land use, number of dwelling units or type and intensity of nonresidential buildings, and location;
(3) There is compatibility between the uses of the property as reclassified and the surrounding land uses, so as to promote the health, safety, and welfare of present and future residents of the County; and
(4) For a property located in the critical area:
(i) the uses allowed in the proposed zoning classification are compatible with the critical area land use designation and development standards for the property; and
(ii) the Critical Area Commission staff has recommended approval of the rezoning if the basis for the rezoning is that the character of the neighborhood has changed to such an extent that the zoning map should be changed.
(c) Restrictions. A lot located in an Odenton Town Center Zoning District may be rezoned only to another Odenton Town Center Zoning District, and a lot that is not located in the Odenton Town Center may not be rezoned to an Odenton Town Center Zoning District. A lot not designated as a mixed use development area in the General Development Plan or a small area plan may not be administratively rezoned to a mixed use district.
(d) Governmental use. The use of property by or on behalf of a unit of government not subject to zoning laws in a manner that otherwise would be contrary to zoning laws is not evidence of a mistake in zoning or a change in the character of a neighborhood.
(e) Road construction or closing. The construction or closing of a road may constitute evidence of a change in the character of a neighborhood.
(f) Suburban community center. Neither the approval of a special exception for a suburban community center nor the development of a center may be evidence of or constitute a mistake in the zoning map or a change in the character of the neighborhood.
(Bill No. 4-05; Bill No. 60-10; Bill No. 84-23)
(a) Requirements. A special exception use may be granted only if the Administrative Hearing Officer makes each of the following affirmative findings:
(1) The use will not be detrimental to the public health, safety, or welfare;
(2) The location, nature, and height of each building, wall, and fence, the nature and extent of landscaping on the site, and the location, size, nature, and intensity of each phase of the use and its access roads will be compatible with the appropriate and orderly development of the district in which it is located;
(3) Operations related to the use will be no more objectionable with regard to noise, fumes, vibration, or light to nearby properties than operations in other uses allowed under this article;
(4) The use at the location proposed will not have any adverse effects above and beyond those inherently associated with the use irrespective of its location within the zoning district;
(5) The proposed use will not conflict with an existing or programmed public facility, public service, school, or road;
(6) The proposed use has the written recommendations and comments of the Health Department and the Office of Planning and Zoning;
(7) The proposed use is consistent with the County General Development Plan;
(8) The applicant has presented sufficient evidence of public need for the use;
(9) The applicant has presented sufficient evidence that the use will meet and be able to maintain adherence to the criteria for the specific use;
(10) The application will conform to the critical area criteria for sites located in the critical area; and
(11) The administrative site plan demonstrates the applicant's ability to comply with the requirements of the Landscape Manual.
(b) Phasing of development. If phasing of development is proposed for a use allowed by special exception and the Planning and Zoning Officer has approved a plan for phasing of development, the Administrative Hearing Officer may allow phasing pursuant to the approved plan as a condition of special exception approval.
(Bill No. 4-05; Bill No. 60-10; Bill No. 18-18)
(a) Requirements for zoning variances. The Administrative Hearing Officer may vary or modify the provisions of this article when it is alleged that practical difficulties or unnecessary hardships prevent conformance with the strict letter of this article, provided the spirit of law is observed, public safety secured, and substantial justice done. A variance may be granted only if the Administrative Hearing Officer makes the following affirmative findings:
(1) Because of certain unique physical conditions, such as irregularity, narrowness or shallowness of lot size and shape or exceptional topographical conditions peculiar to and inherent in the particular lot, there is no reasonable possibility of developing the lot in strict conformance with this article; or
(2) Because of exceptional circumstances other than financial considerations, the grant of a variance is necessary to avoid practical difficulties or unnecessary hardship and to enable the applicant to develop the lot.
(b) Requirements for critical or bog protection area variances. For a property located in the critical area or a bog protection area, a variance to the requirements of the County's critical area program or the bog protection program may be granted if the Administrative Hearing Officer makes the following affirmative findings:
(1) Because of certain unique physical conditions, such as exceptional topographical conditions peculiar to and inherent in the particular lot or irregularity, narrowness, or shallowness of lot size and shape, strict implementation of the County's critical area program or bog protection program would result in an unwarranted hardship, as that term is defined in the Natural Resources Article, § 8-1808, of the State Code, to the applicant;
(2) (i) A literal interpretation of COMAR, Title 27, Criteria for Local Critical Area Program Development or the County's critical area program and related ordinances will deprive the applicant of rights commonly enjoyed by other properties in similar areas as permitted in accordance with the provisions of the critical area program within the critical area of the County; or
(ii) The County's bog protection program will deprive the applicant of rights commonly enjoyed by other properties in similar areas within the bog protection area of the County;
(3) The granting of a variance will not confer on an applicant any special privilege that would be denied by COMAR, Title 27, the County's critical area program to other lands or structures within the County critical area, or the County's bog protection program to other lands or structures within a bog protection area;
(4) The variance request is not based on conditions or circumstances that are the result of actions by the applicant, including the commencement of development before an application for a variance was filed, and does not arise from any condition relating to land or building use on any neighboring property;
(5) The granting of a variance will not adversely affect water quality or adversely impact fish, wildlife, or plant habitat within the County's critical area or a bog protection area and will be in harmony with the general spirit and intent of the County's critical area program or bog protection program;
(6) The applicant for a variance to allow development in the 100-foot upland buffer has maximized the distance between the bog and each structure, taking into account natural features and the replacement of utilities, and has met the requirements of § 17-9-208 of this Code;
(7) The applicant, by competent and substantial evidence, has overcome the presumption contained in the Natural Resources Article, § 8-1808, of the State Code; and
(8) The applicant has evaluated and implemented site planning alternatives in accordance with § 18-16-201(c).
(c) Requirements for all variances. A variance may not be granted unless it is found that:
(1) the variance is the minimum variance necessary to afford relief; and
(2) the granting of the variance will not:
(i) alter the essential character of the neighborhood or district in which the lot is located;
(ii) substantially impair the appropriate use or development of adjacent property;
(iii) reduce forest cover in the limited development and resource conservation areas of the critical area;
(iv) be contrary to acceptable clearing and replanting practices required for development in the critical area or a bog protection area; nor
(v) be detrimental to the public welfare.
(d) Conditions for granting a variance in the critical area.
(1) For a property with an outstanding violation, the granting of a variance under this subsection shall be conditioned on the applicant completing the following within 90 days of the date of decision, as applicable:
(i) obtaining an approved mitigation or restoration plan;
(ii) completing the abatement measures in accordance with the County critical area program; and
(iii) paying any civil fines assessed and finally adjudicated.
(2) Notwithstanding the provisions of subsection (d)(1), the Office of Planning and Zoning may extend the time for abatement to the next planting season because of adverse planting conditions. An applicant may also be granted a 180 day extension to satisfy the conditions of a variance upon timely application to the Planning and Zoning Officer and good cause shown.
(e) Lapse. Any critical area variance granted shall lapse by operation of law if the conditions are not satisfied within 90 days or as extended.
(f) Prohibition. A variance may not be granted to density within the resource conservation area (RCA).
(g) Odenton Town Center. A variance may not be granted to the provisions of the Odenton Town Center Master Plan.
(Bill No. 4-05; Bill No. 69-07; Bill No. 90-09; Bill No. 93-12; Bill No. 76-13; Bill No. 20-16; Bill No. 5-20; Bill No. 64-23; Bill No. 84-23)
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