Certain uses require additional analysis due to their size,
scale, or possible impact on adjoining properties. Also, on occasion,
it is necessary to provide variances from the specific requirements
of the Town of Bel Air Development Regulations due to the configuration
or specific conditions of a parcel. This article outlines the procedures
the reviewing agencies must follow in considering such development
proposals. These procedures are intended to ensure that the following
development objectives are satisfied:
A.
Meet the goals and objectives of the Land Use Element of the Town
of Bel Air Comprehensive Plan.
B.
Establish adequate land use controls while protecting the public
interest.
C.
Facilitate development that is responsive to current and future market
conditions.
D.
Permit flexible development, scale and configuration on individual
lots where standard regulations would create practical difficulty
or hardship.
E.
Provide a process and standards whereby the Zoning Administrator
may grant limited adjustments to the strict application of the development
standards of this Part 2.
A.
Applications: when and by whom taken. In cases in which the Board
of Appeals has original jurisdiction under the provisions of the Town
of Bel Air Development Regulations, an application may be made by
any property owner(s) or his/her representative(s) or by any contract
purchaser, optionee or tenant, along with the consent of the record
owner(s), or by a governmental officer, department, board or bureau.
Such application shall be filed with the Zoning Administrator, who
shall transmit the same to the Board of Appeals. The petitioner shall
be responsible for providing the name and mailing address of all adjoining
property owners. Written notice shall be mailed by the Department
of Planning and Community Development to all adjoining property owners
(based on information provided by applicant) 10 days prior to public
hearing.
B.
Appeals: when and by whom taken. An appeal to the Board of Appeals
may be requested by any person aggrieved or by any officer, department,
board or bureau of the municipality affected by any decision of the
Zoning Administrator. Such appeal shall be taken within 30 days after
the decision by filing an application to the Board of Appeals specifying
the grounds for appeal. The Zoning Administrator shall transmit to
the Board of Appeals all of the papers constituting the record upon
which the action appealed from was taken.
C.
Hearings. The Board of Appeals shall schedule the hearing of the
application or appeal, provide one public notice of the same in a
paper of general circulation in Bel Air, at least 10 days before the
hearing, post a notice on the property in question at least 10 days
before the hearing, give at least 15 days' notice to applicant and
adjoining property owners, and decide the same within 60 days of the
closing of the public hearing, unless an extension, detailed in writing,
is agreed upon by all parties. At the hearing, any party may appear
in person or by agent or attorney. Any party adversely affected by
a decision of the Board of Appeals may appeal to the Circuit Court
for Harford County in the manner set forth in the Land Use Article
of the Annotated Code of Maryland, as amended from time to time. This
appeal must be filed within 30 days of the Board of Appeals' written
decision. The Court may affirm, reverse, vacate or modify the decision
complained of in the appeal.
[Amended 4-3-2017 by Ord.
No. 780-17; 9-16-2019 by Ord. No. 792-19]
D.
Stay of proceedings. An appeal made to the Board of Appeals shall
stay all proceedings in the furtherance of the action appealed from
unless the Zoning Administrator certifies to the Board of Appeals,
after notice of appeal shall have been filed, that, by reason of facts
stated in the certificate, a stay would cause imminent peril to life
or property. In such case, proceedings shall not be stayed other than
by a restraining order which may be granted by the Board of Appeals
or by the Circuit Court for Harford County, upon application after
notice has been properly made and due cause has been shown. The Maryland
Rules shall apply when an appeal is taken to the Circuit Court or
beyond.
E.
Action of the Board of Appeals. In exercising its powers, the Board
of Appeals may, in conformity with the provisions of statute and of
the Town of Bel Air Development Regulations, 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 and, to that end, shall have all the powers of
the officer from whom the appeal is taken.
A.
Administrative. The Board of Appeals shall have the power to hear
and decide appeals where it is alleged there is error in any order,
requirements, decision, or determination made by an administrative
official and/or the Historic Preservation Commission in the enforcement
of the provisions of said Land Use Article and of the Town of Bel
Air Development Regulations adopted pursuant thereto.
[Amended 4-3-2017 by Ord.
No. 780-17]
B.
Limitations, guides and standards.
(1)
In the case of special exceptions and variances, which require Board
of Appeals approval, and whenever in the Town of Bel Air Development
Regulations certain powers are conferred upon the Board of Appeals,
or the approval of the Board of Appeals is required before a permit
may be issued, or the Board of Appeals is called upon to decide certain
issues, the Board of Appeals shall:
(2)
The application for a permit shall not be approved where the Board
of Appeals finds a proposed building, addition, extension of building
or use, sign, use or change of use would:
(3)
In deciding an appeal, the Board of Appeals shall give consideration,
among other things, to the following information, when applicable:
(a)
The number of people residing, working or studying in the immediate
areas.
(b)
Traffic conditions, including facilities for pedestrians, such
as sidewalks and safety zones, availability of parking facilities,
impact of ingress, egress, and level of service of nearby intersections.
(c)
Potential impact upon the orderly growth of the neighborhood
and community.
(d)
Potential impact upon the needs of the entire community and
particular neighborhoods.
(f)
The effect of odors, dust, gas, smoke, fumes, vibrations, glare
and noise upon the use of surrounding properties.
(g)
Facilities for sewers, water, trash and garbage collection and
disposal, and the availability of such services.
(h)
Availability of fire-fighting equipment and accessibility to
the site for such equipment.
(i)
Decisions of the public courts of Maryland.
(j)
The effect of such use upon the peaceful enjoyment of people
in their homes.
(k)
The most appropriate use of land and structures as determined
and indicated by the Town of Bel Air Comprehensive Plan and other
neighboring uses.
(l)
The type and kind of structures in the vicinity where people
are apt to gather in large numbers, such as schools, churches, theaters,
hospitals and the like.
(m)
The Town of Bel Air Comprehensive Plan component for land use,
transportation, housing, economic development, urban design and community
facilities.
(n)
The preservation of cultural and historic landmarks and significant
archeological features.
(o)
The conservation of property values.
(p)
The contribution, if any, such proposed use, building or addition
would make toward the deterioration or improvement of areas and neighborhoods.
(q)
The effect of the proposed use on light and air in the neighborhood.
(r)
The potential danger of fire or explosion associated with the
proposed structure or use.
(s)
All applicable Town of Bel Air Development Regulations.
C.
Decisions of Board. The Board of Appeals shall render its decision
based upon its review of the information submitted by the applicant,
along with any staff comments or opinions which the Zoning Administrator
may submit, as well as comments received from proponents and opponents
in attendance at the public hearings.
A.
General. The Board of Appeals is authorized to grant variances from the terms of the Town of Bel Air Development Regulations as provided in the Land Use Article of the Annotated Code of Maryland. Minor variances as specified in Subsection H of this section may be approved by the Zoning Administrator or his/her designee.
[Amended 4-3-2017 by Ord.
No. 780-17]
B.
Special regulations.
(1)
In order to grant a variance, the Board of Appeals or the Zoning
Administrator or his/her designee, whichever is applicable, must find,
by clear and convincing evidence, each of the following:
(a)
Uniqueness. The subject property has an inherent characteristic
or condition not generally shared by other surrounding properties,
i.e., its shape, topography, subsurface condition, environmental factors,
historical significance, practical restrictions imposed by abutting
properties or the uses thereon, or other restrictions.
(b)
Practical difficulty.
[1]
Strict compliance with the Town of Bel Air Development Regulations
would unreasonably prevent the applicant from using the property for
a permitted purpose or would render conformity with such restrictions
unnecessarily burdensome; however, that the granting of the variance
would make the property more profitable is not sufficient reason to
grant a variance.
[2]
Granting the variance would do substantial justice to the applicant,
as well as to other property owners in the area.
[3]
The variance can be granted in such a way that the spirit of
the Town of Bel Air Development Regulations will be observed and public
safety and welfare secured.
[4]
The practical difficulty is caused by the property's uniqueness
and is not personal to the applicant nor the result of acts of the
applicant, the property owner, or his/her predecessor in title.
(2)
If a lesser relaxation than that applied for will give substantial
relief to the applicant and be more consistent with justice to other
property owners, the Board of Appeals is authorized to grant that
lesser relief.
C.
Conditions of approval. In authorizing a variance, the Board of Appeals
or Zoning Administrator or his/her designee, whichever is applicable,
may attach thereto such conditions regarding the location, character
and other features of the proposed structure or use as may be deemed
necessary in the interest of the furtherance of the purposes of the
Town of Bel Air Development Regulations and in the interest of the
public. In authorizing a variance with attached conditions, the Board
of Appeals or Zoning Administrator or his/her designee, whichever
is applicable, shall require such evidence and guarantee or bond as
may be deemed necessary to ensure that the conditions attached are
being and will be complied with.
D.
Lapse of variance. After the Board of Appeals or Zoning Administrator
or his/her designee, whichever is applicable, has granted a variance,
the variance so granted shall lapse two years from the date of the
final decision. However, no lapse shall take place if the change of
use has taken place, if the construction of buildings has been completed
or if a good faith commencement of construction has occurred and substantial,
visible construction has taken place in accordance with the plans
for which such variance was granted. Within 30 days of the expiration
of the two-year period, or any extension previously granted, the property
owner may submit an application to the Board of Appeals or Zoning
Administrator or his/her designee, whichever is applicable, requesting
one additional extension for a period of one year. The Board of Appeals
or Zoning Administrator, whichever is applicable, may grant an extension
upon good cause shown.
E.
Existing variance modifications and amendments. The requirements of the Town of Bel Air Development Regulations shall not apply to any variance approved prior to enactment of the Town of Bel Air Development Regulations or amendments thereto. Any modifications or amendments to a variance approved prior to the enactment of the Town of Bel Air Development Regulations which are not in accordance with the terms of the Town of Bel Air Development Regulations shall require the approval of the Board of Appeals pursuant to Subsection C of this section.
F.
Resubmission of variance. Substantially identical variance requests
may not be resubmitted for a period of one year after the final decision.
G.
Modification of a variance. The procedure for modification of a variance
already approved or a request for a change of conditions attached
to an approval shall be the same as for a new application.
H.
Administrative variance approvals.
(1)
The Zoning Administrator is authorized to hear variance requests
for minor screening, landscaping, fencing provisions related to type,
location and height of these accessory uses and for modifications
of setback or lot width requirements of not more than 10%. Upon receipt
of an application, a public hearing shall be scheduled before the
Zoning Administrator or his/her designee. The property would then
be posted, with a notice of the request and hearing date, at least
seven days before the hearing. The applicant and adjoining property
owners shall be given notice of the hearing date and time at least
10 days prior to the public hearing.
(2)
In determining his/her decision, the Zoning Administrator or his/her designee shall follow the Board of Appeals procedures outlined in Subsections A through G of this section. A written decision shall be provided to the applicant within 30 days of the closing of the public hearing, unless an extension, detailed in writing, is agreed upon by all parties. At the hearing, any party may appear in person or by agent or attorney. Any party adversely affected by a decision of the Zoning Administrator or his/her designee may appeal to the Board of Appeals. The appeal must be filed within 30 days of the Zoning Administrator's decision. The Zoning Administrator would then schedule a new hearing before the Board of Appeals which would be heard in the same manner as an original application to the Board of Appeals (de novo).
A.
General. Recognizing that a special exception is a use legislatively
predetermined to be conditionally compatible with the uses permitted
as of right in a particular zone, the Board of Appeals shall have
the power to hear and decide special exception requests in accordance
with the provisions of the Town of Bel Air Development Regulations.
Additionally, prior to approving a special exception request, the
Board of Appeals must find that there would be no adverse impact caused
by approval of the request.
B.
Conditions of approval.
(1)
In connection with any approval of any request, the Board of Appeals
may require the installation of such devices and methods of operation
as may be reasonably required to prevent adverse effects from the
proposed use, including but not limited to hazardous or congested
traffic conditions, odor, smoke, dust, gas, noise or other similar
nuisances. The Board of Appeals may impose such other conditions as
may be necessary to protect adjacent properties and neighborhoods
from adverse effects of the use.
(2)
The conditions may include but are not limited to:
(a)
Prohibition against outside signs or advertising structures,
except professional or directional signs.
(b)
Limitation of signs as to size, type, color, location or illumination.
(c)
Specification of the amount, direction and location of outdoor
lighting.
(d)
Number and location of off-street parking and loading space.
(e)
Requirements related to the building construction, design and
materials, including, but not limited to, roof design, building connection
and disconnection with other units, location of exits, doors and windows
and cleaning or painting of building.
(f)
Requirements related to paving, shrubbery, landscaping, ornamental
or screening fences, walls and hedges.
(g)
Specification of permitted hours of operation.
(h)
Prohibition of structural changes.
(i)
Requirements related to the control and elimination of smoke,
dust, gas, noise or vibration caused by the use.
(j)
Requirements for termination of a use, based on a lapse of time,
as permitted by law.
(k)
Specification of required improvements to ingress and egress.
(l)
Specification of required improvements to street frontage.
(m)
Requirements of specific fire and safety improvement.
(n)
Requirements for improvements to intersections adjacent to the
proposed development.
(3)
In authorizing a special exception, the Board of Appeals shall require
such guarantee or bond as it may deem necessary to ensure compliance
with all the conditions imposed on the approval.
C.
Lapse of special exception. After the Board of Appeals has approved
a special exception, the special exception so approved or granted
shall lapse two years from the date of the final decision. However,
no lapse shall take place if the change of use has taken place, if
the construction of buildings has been completed or if a good faith
commencement of construction has occurred and substantial, visible
construction has taken place in accordance with the plans for which
such special exception was granted. Within 30 days of the expiration
of the two-year period, or any extension previously granted, the property
owner may submit an application to the Board of Appeals requesting
an additional extension or extension for a period of one year. The
Board of Appeals may grant an extension upon good cause shown.
D.
Existing special exception: modifications and amendments. The requirements
of the Town of Bel Air Development Regulations shall not apply to
any special exception approved prior to enactment of the Town of Bel
Air Development Regulations or amendments thereto. Any modifications
or amendments to a special exception approved prior to the enactment
of the Town of Bel Air Development Regulations which are not in accordance
with the terms of the Town of Bel Air Development Regulations shall
require the approval of the Board of Appeals pursuant to this section.
E.
Revocation of permits. Special exception approvals may be revoked by the Board of Town Commissioners, in accordance with the provisions of § 165-20E herein, for failure to comply with conditions of approval or applicable regulations.
F.
Guarantees. The Board of Appeals may require a bond, irrevocable
letter of credit, or other appropriate guarantee as may be deemed
necessary to ensure satisfactory performance with regard to all or
some of the conditions of the special exception.
G.
Discontinuance of use. When an approved special exception of a building,
structure or land has ceased operation for one year, the special exception
approval of the building, structure or land shall automatically expire.
H.
Resubmission of special exception. Substantially identical special
exception requests may not be resubmitted for a period of one year
after the final decision.
I.
Modification of special exception. The procedure for modification
of a special exception already approved, or a request for a change
of conditions attached to an approval, shall be the same as for a
new application.
A.
General. Recognizing that certain uses are compatible with other
uses permitted in a district, with or without the imposition of conditions,
the special developments listed in the district regulations of the
Town of Bel Air Development Regulations may be permitted in accordance
with the procedures set forth in this section. A development plan
shall be submitted for an approval of a special development. The development
plan should be considered a part of a special development. Special
development shall be considered by the Planning Commission to determine
the compliance of the development with the appropriate regulations.
The Planning Commission may approve, with or without conditions, or
deny the request for special development approval.
B.
Specific regulations. The following procedures shall be followed
in review of applications for special development approvals:
(1)
The applicant shall submit a formal application stating the request,
along with plans as prescribed in the Town checklist. (See Appendix
A.[1]) Additionally, applicants shall provide the name and mailing
address of all adjoining property owners.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
A preliminary site plan complying with the requirements of Chapter 165, Part 4, of the Town of Bel Air Development Regulations shall accompany an application for approval of a special development under this Part 2, together with such information as may be required for a determination of the nature of the proposed use and its effect on the Town of Bel Air Comprehensive Plan, the neighborhood, and surrounding properties.
(3)
Requests shall be reviewed by the appropriate Town, county and state
agencies, as appropriate.
(4)
A public hearing shall be scheduled before the Planning Commission,
and one public notice of the hearing placed in a local paper of general
circulation at least 10 days prior to the hearing. Property shall
be posted at least 10 days prior to the public hearing. Written notice
shall be mailed to all abutting property owners (based on information
provided by applicant) at least 15 days prior to the public hearing.
[Amended 9-16-2019 by Ord. No. 792-19]
(5)
Public hearing held.
(6)
The special development is approved, denied, or approved subject
to conditions. The Planning Commission may table the matter for further
discussion or to gather additional information. In any case, a decision
shall be rendered within 60 days of the first hearing date, unless
an extension is agreed upon by the applicant and the Town.
C.
Conditions of approval. The Planning Commission may impose conditions
upon an approval of a special development request.
(1)
The conditions may include, but are not limited to:
(a)
Requirements related to the building construction, design and
materials, including, but not limited to, roof design, building connection
and disconnection with other units, enclosure, location of exits,
doors and windows and cleaning or painting of building.
(b)
Requirements related to paving, shrubbery, landscaping, ornamental
or screening fences, walls and hedges.
(c)
Specification of the amount, direction and location of outdoor
lighting.
(d)
Specification of permitted hours of operation.
(e)
Limitations on the location of signs.
(f)
Prohibition of structural changes.
(g)
Requirements related to the control and elimination of smoke,
dust, gas, noise or vibration caused by the use.
(h)
Requirements for termination of a use, based on a lapse of time,
as permitted by law.
(i)
Specification of required improvements to ingress and egress.
(j)
Specification of required improvements to street frontage.
(k)
Requirements for specific fire and safety improvements.
(m)
Requirements for parking lots, property maintenance and security,
including litter and trash removal.
(2)
Unless otherwise specified in the Town of Bel Air Development Regulations,
or specified as a condition of approval, the height limits, yard spaces,
lot areas and sign requirements shall be the same as for other uses
in the district in which this special development is located.
D.
Lapse of special development approval. After the Planning Commission
has approved a special development, the special development approval
shall lapse two years from the date of the final decision. However,
no lapse shall take place if the change of use has taken place or
if the construction of the building has been completed or if a good
faith commencement of construction has occurred and substantial, visible
construction has taken place in accordance with the plans for which
such special development was granted. Within 30 days of the expiration
of the two-year period, or any extension previously granted, the property
owner may submit an application to the Planning Commission requesting
an extension for a period of one year. The Planning Commission may
grant an extension upon good cause shown.
E.
Existing special developments. The requirements of the Town of Bel
Air Development Regulations shall not apply to a preexisting conditional
use or special development approved prior to enactment of the Town
of Bel Air Development Regulations or amendments thereto.
F.
Revocation of approvals. Special development approvals may be revoked by the Board of Town Commissioners, in accordance with the provisions of § 165-20E herein, for failure to comply with conditions of approval or applicable regulations.
G.
Guarantees. The Town may require a bond, irrevocable letter of credit,
or other appropriate guarantee as may be deemed necessary to ensure
satisfactory performance with regard to all or some of the conditions
of the special development.
H.
Discontinuance of use. When an approved special development use has
ceased operation for one year, the special development approval for
the use of a building, structure or land shall automatically expire.
I.
Modification or amendment of approval. A special development approval
may not be transferred to another property, nor may the use category
be changed, without further approval of the Planning Commission. A
building expansion of 5% or 2,000 square feet, whichever is less,
on a previously approved special development shall require modification
of that approval of the Planning Commission. The procedure for such
a request shall be the same as for a new application.
[Amended 4-3-2017 by Ord.
No. 780-17]
J.
Resubmission of special development. Substantially identical special
development requests may not be resubmitted for a period of one year
after the final decision.
[Amended 4-3-2017 by Ord.
No. 780-17]
Any person adversely affected by a special development decision
of the Planning Commission may appeal to the Circuit Court of Harford
County in the manner set forth in the Land Use Article of the Annotated
Code of Maryland, as amended from time to time. The Court may affirm,
reverse, vacate or modify the decision complained of in the appeal.
Such appeal shall be filed within 30 days of the Planning Commission's
decision.
A fee shall be charged for filing and handling each application
or appeal provided for in this Part 2, in an amount to be determined
from time to time by the Board of Town Commissioners.
The Board of Town Commissioners may authorize, after notice
to the owners of the properties affected and/or by a notice published
in a paper of general circulation in Bel Air and after public hearing,
adjustments of district boundaries as follows:
A.
Where the street or lot layout actually on the ground, or as recorded,
differs from the street and lot lines as shown on the Zoning Maps,
the Board of Appeals shall interpret the maps in such a way as to
carry out the intent and purpose of the Town of Bel Air Development
Regulations for the particular section or district in question.
B.
The Board of Appeals may permit the extension of a district, where
the boundary line of a district divides a lot held in single ownership
on the effective date of the Town of Bel Air Development Regulations,
by not more than 100 feet beyond the boundary line.
The Board of Appeals may hear and decide requests relating to nonconforming uses, buildings and structures as authorized and described in Part 3, Signs, and Part 2, Article III, Establishment and Regulation of Zoning Districts, and Article IX, Special Provisions and Modifications, of the Town of Bel Air Development Regulations.
