(A) Time limit. Decisions by the Board on special exceptions, variances and interpretation appeals shall be rendered in writing, within 10 working days of the completion of hearing(s) on the exception, variance or interpretation, unless a later date is mutually agreeable to the Board and the applicant.
(B) In exercising its powers concerning interpretation appeals, the Board may, in conformity with law and the provisions of this chapter, reverse or affirm wholly or in part, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(C) Criteria. In making its decisions pursuant to the authority conferred by this chapter, the Board shall study the specific property involved, as well as the neighborhood, and consider all testimony and data submitted, and shall hear any person desiring to speak for or against the issuance of the permit. The application for a permit shall not be approved where the Board finds that the proposed building or structure or use, or the proposed addition, extension or change of a building or structure or use would adversely affect the public health, safety, security, morals or general welfare, or would result in dangerous traffic conditions, or would jeopardize the lives or property of people living in the neighborhood. In deciding such matters, the Board may give consideration, among other things, to the following:
(1) The orderly growth of the community, as expressed in the Garrett County Comprehensive Plan or otherwise;
(2) The number of people residing or working in the immediate area concerned;
(3) Traffic conditions and facilities;
(4) The effect of such use upon the peaceful enjoyment of people in their homes;
(5) The conservation of property values;
(6) The effect of odors, dust, gas, smoke, fumes, vibrations, glare and noise upon the use of surrounding property values;
(7) The most appropriate use of land and structure;
(8) Decisions by the courts;
(9) The purposes of this chapter as described herein; and
(10) Type and kind of structures in the vicinity where public gatherings may be held, such as schools, churches and the like.
(Ord. —, passed 5-13-1997; Am. Ord. —, passed 8-8-2000; Am. Ord. —, passed 4-30-2002; Am. Res. 2010-7, passed 5-25-2010)