It shall be the function and duty of the Department of Planning
and Zoning to prepare and propose master plans from time to time.
Such plans may be initiated by order of the County Executive or by
legislative act of the Council. All proposed master plans shall be
referred to the Planning Advisory Board for its review and recommendations.
The Board shall complete its review within 90 days. After review by
the Board, the County Executive shall forward all proposed master
plans to the Council for legislative action.
Master plans adopted by the Council shall serve as a guide to
public and private actions and decisions to insure the development
of public and private property in appropriate relationships. Elements
of the plans may be exercised in words, graphics, or other appropriate
form. They shall be interrelated and each element shall describe how
it relates to each of the other elements and to the statement of objectives,
principles, policies, and standards. A plan shall contain as a minimum
the following elements:
(a)
A statement of objectives, principles, policies, and standards which
shall serve as a guide for the development and economic and social
well being of the County.
(b)
A land use plan element which shall show proposals for the most appropriate
and desirable patterns for the general location, character, extent,
and interrelationship of the manner in which the community should
use its public and private land at specified times as far into the
future as is reasonable. Such land use plan may include, without being
limited to, public and private, residential, commercial, industrial,
agricultural, and recreational land uses.
(c)
A transportation plan element which shall show proposals for the
most appropriate and desirable patterns for the general location,
character, and extent of the channels, routes, and terminals for transportation
facilities, and for the circulation of persons and goods at specified
times as far into the future as is reasonable. Such channels, routes
and terminals may include, without being limited to, all types of
highways or streets, railways, waterways, airways, routing for mass
transit, and terminals for people, goods, and vehicles related to
highways, airways, waterways, and railways.
(d)
A community facilities plan element which shall show proposals for
the most appropriate and desirable pattern for the general location,
character, and extent of public and semi-public buildings, land and
facilities for specified times as far into the future as is reasonable.
Such facilities may include, without being limited to, parks and recreation
areas, schools and other educational and cultural facilities, libraries,
churches, hospitals, social welfare and medical facilities, institutions,
fire stations, police stations, jails, and other public office or
administrative facilities.
(e)
The plans may include, without being limited to, any additional elements
such as community renewal, housing, flood control, pollution control,
conservation, natural resources, the general location and extent of
public utilities, and other programs which will further advance the
purposes of these plans.
The Council shall enact laws establishing zoning regulations
and comprehensive zoning maps, and these laws may be petitioned to
referendum in accordance with Section 220 of this Charter. All decisions
of the Council in zoning cases, whether by piecemeal rezoning, special
exception, variance, or otherwise shall be rendered by written decisions
of the Council, and these decisions may be appealed to the Circuit
Court for Harford County in accordance with Section 709 of this Charter,
but may not be petitioned to referendum.
(a)
Any application in a zoning case, and any amendment thereto, shall
contain specific allegations setting forth the basis for the granting
of the request. Any application must disclose the names and addresses
of all persons having legal or equitable interest in the property
which is the subject of the zoning case, including shareholders owning
more than five percent of the stock in a corporation having any interest
in any land involved in the application, excepting those corporations
which are listed and regularly traded on a recognized stock exchange.
(b)
Before any application in a zoning case may be granted, there shall
be a public hearing held before the body or the officer having authority
to decide the case. Notice of the public hearing shall be published
in at least one newspaper widely circulated in the County in accordance
with the provisions of Section 812.
[Amended by Bill No. 12-29]
(c)
All testimony received in any zoning case shall be under oath, shall
be subject to cross-examination, and shall be recorded.
(d)
The Council shall reasonably employ its subpoena power to compel
the attendance of witnesses and the production of evidence upon request
by any applicant in a zoning case or any other interested person.
(e)
The record in all zoning cases shall include the application, all
documents or communications submitted for the consideration of the
body or officer hearing the case, the recorded testimony received
at the hearing, any reports or communications to or from any public
officials or agency concerning the applications, and the final decision
of the body or officer hearing the case.
(f)
The burden of proof in any zoning case shall be upon the applicant.
(a)
The final decision in a zoning case shall be based solely upon record
evidence, and shall be supported by specific written findings of fact
and conclusions of law.
(b)
The votes or abstentions thereon of all members of the bodies deciding
the case must be recorded.
(c)
An affirmative vote of at least four members of the Council shall
be necessary to decide any zoning case before the Council.
(d)
Applications in zoning cases on which a decision has not been finally
rendered within ninety calendar days from the conclusion of the hearing
by the Council or from the filing and service of a hearing examiner's
decision in cases heard by a hearing examiner, as hereinafter provided,
shall automatically be considered to have been denied by the Council.
(e)
Provisions shall be made for all persons attending every zoning hearing
to register and all persons registered shall be notified by mail of
the decision in the zoning case.
[Amended by Bill Nos. 80-55; 82-49; 12-33]
(a)
State and County officials who are employees may not appear in a
representative capacity on behalf of any private party in any zoning
case.
(b)
No person shall influence or attempt to influence, directly or indirectly,
either the County Council, or one of its hearing examiners in arriving
at a decision in any pending zoning case, except as that person may
appear before the County Council, sitting as the Zoning Board of Appeals
or one of its hearing examiners at a public hearing and as a party
or as a representative or witness on behalf thereof. The words "pending
zoning case" shall be strictly construed to mean current cases filed
and/or pending with the Zoning Hearing Examiner, County Council, Circuit
Court for Harford County and/or Court of Appeals.
(c)
In order to assure compliance herewith, any person contacting a member of the County Council, or one of its hearing examiners in violation of subsection (b) shall be immediately informed of the provisions of this section.
(d)
Any person who knowingly and intentionally violates any of the provisions
of this section shall, upon conviction, be imprisoned for not more
than six months, or be fined not more than one thousand dollars, or
both imprisoned and fined.
All public officials participating in the decision on, or the
processing of, any application in a zoning case shall file a public
statement under oath, not later than the first day of January of each
year, with the Clerk of the Circuit Court for Harford County, disclosing
any interest in land located in Harford County held personally or
by a spouse during the preceding year. It shall also be the responsibility
of said individuals to update said statement within thirty days after
acquisition or divestment of interest in land. As used herein, interest
includes both legal and equitable interest and includes the ownership
of more than five percent of the stock of a corporation which holds
an interest in land in Harford County. None of the foregoing requirements
shall be construed as to waive or supersede any provisions of Section
803 of this Charter, and violations herein shall be punishable under
Section 803(c) of this Charter.
The Council may employ one or more hearing examiners. An examiner
shall be an attorney admitted to practice before the highest court
of a state, and shall demonstrate a knowledge of administrative and
zoning law, practice, and procedure. An examiner may not practice
law before any County agency except as may be permitted by law, and
may not represent a client in any zoning cases. Examiners shall also
be subject to the provisions of Sections 707, 801, 802, and 803 of
this Charter.
Any person aggrieved by any final decision in a zoning case
shall have the right to appeal that decision to the Circuit Court
for Harford County and shall have the further right of appeal to the
Court of Appeals of Maryland. The words "person aggrieved" shall be
liberally construed to substantially broaden that class of persons
and shall be interpreted to effectuate the general purposes of this
article.
