A.
Purpose. The Planning Commission shall advise the Town Council on
all matters relating to the orderly growth of the Town of Chesapeake
Beach. More specifically, the Planning Commission, with the advice
and assistance of the Town staff and/or retained Town planning experts,
shall:
(1)
Prepare and recommend a Comprehensive Plan for the Town of Chesapeake
Beach, and review and update said plan at least once every six years.
(2)
Prepare and recommend amendments to this chapter.
(3)
Review and make recommendations on amendments to the Zoning Map.
(4)
Prepare and recommend amendments to Chapter 245, Subdivision of Land, of the Code of the Town of Chesapeake Beach.
(5)
Review proposed public facilities for consistency with the Comprehensive
Plan in accordance with the provisions of the Land Use Article of
the Annotated Code of Maryland.
[Amended 3-16-2023 by Ord. No. O-23-2]
(7)
Review and approve certain parking and landscaping modifications according to the procedures in Article V.
(8)
Review and approve subdivision plats.
(9)
Prepare and adopt an annual report in accordance with the provisions
of the Land Use Article of the Annotated Code of Maryland.
[Amended 3-16-2023 by Ord. No. O-23-2]
(10)
Conduct other activities as set forth in this chapter and as
provided for by the Land Use Article of the Annotated Code of Maryland.
[Amended 3-16-2023 by Ord. No. O-23-2]
B.
Authority and establishment. The Planning Commission was established
pursuant to the provisions of the Land Use Article of the Annotated
Code of Maryland. The official title of this Commission shall be the
"Town of Chesapeake Beach Planning and Zoning Commission."
[Amended 3-16-2023 by Ord. No. O-23-2]
C.
Membership.
(1)
The Planning Commission shall consist of seven members, who shall
be qualified voters and/or property owners in the Town. The majority
of the members shall be residents of the Town. All members shall be
appointed by the Mayor and confirmed by the Town Council.
(2)
Members shall be appointed for five-year terms, and terms of appointment
shall be staggered.
(3)
Any vacancy in membership for an unexpired term shall be filled by
appointment by the Mayor and approved by the Council.
(4)
Any appointed member may be removed, after a public hearing, by the
Town Council.
E.
Meetings.
(1)
The Planning Commission shall establish a regular meeting schedule
and shall meet frequently enough so that it can take action on all
complete applications in an expeditious manner. The Planning Commission
shall hold meetings quarterly or more often as the planning commission's
duties require. If there is no business before the planning commission,
the chairman may cancel the meeting.
[Amended 1-16-2014 by Ord. No. O-13-15]
(2)
Special meeting of the Commission may be called by the Chairman with
proper notice to Commission members.
(3)
All Commission meetings shall be open to the public.
(4)
All public hearings conducted by the Planning Commission shall be in accordance with the provisions of § 290-29C.
(5)
Four of the membership of the Commission shall constitute a quorum.
[Amended 1-16-2014 by Ord. No. O-13-15]
(6)
No action of the Commission shall be valid unless authorized by a
majority vote of the total allowed membership of the Commission.
[Amended 1-16-2014 by Ord. No. O-13-15]
F.
Records. The Planning Commission shall keep minutes of all its proceedings,
showing evidence presented, findings of fact by the Commission, and
the vote of each member upon each question, or, if absent or failing
to vote, such fact. These minutes shall be a public record.
G.
Decisions based on findings of fact. All decisions of the Planning
Commission, whether favorable or unfavorable to the applicant, shall
be based on and supported by written findings of fact pertaining to
the case under review. No decision of the Planning Commission shall
be final until the written decision of the Commission is signed and
filed.
[Added 1-16-2014 by Ord. No. O-13-15]
A.
Establishment of Board. In order that the objectives of this chapter
may be more fully and equitably achieved and a means for competent
interpretation of this chapter provided, there is established a Board
of Appeals ("the Board") for the Town.
B.
Membership and terms of office. The Board shall consist of five members.
The terms of office of the members shall be three years. Members shall
be appointed by the Mayor, confirmed by the Town Council, and removable
for cause upon written charges and after a public hearing. The Mayor
shall designate one alternate member for the Board, who may be empowered
to sit on the Board in the absence of any member of the Board.
C.
Procedures, meetings, records, and decisions.
[Amended 2-16-2006 by Ord. No. O-06-2]
(1)
Procedures. The Board shall elect a Chairman from its membership,
shall appoint a Secretary, and shall prescribe rules in accordance
with the provisions of the Land Use Article, Title 4, Zoning, Subtitle
3, Board of Appeals, of the Annotated Code of Maryland and this chapter
for the conduct of its affairs.
[Amended 11-20-2014 by Ord. No. O-14-18]
(2)
Meetings. Meetings of the Board shall be held at the call of the Chair and at other times determined by the Board. At each regular meeting of the Board, the Board shall conduct hearings on those applications scheduled to be heard in accordance with Subsection D. The Board is not required to meet if no applications are pending prior to the due date for submission. The Chairperson or the Chairperson's designee may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public, unless closed pursuant to the Maryland Open Meetings Act or closed for executive session to deliberate on the matter. All votes on questions of procedure or on the merits of the case shall at all times be open to the public. Three members present shall constitute a quorum.
[Amended 11-20-2014 by Ord. No. O-14-18]
(3)
Records and decisions. The Board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed in the office of the Board and shall be a public
record. All actions or decisions of the Board shall be taken by resolution
in which three members, present during the proceedings, must concur.
Each resolution shall contain a statement of the grounds and any findings
forming the basis of such action or decision. The Board shall notify
the Mayor and Town Council, Planning Commission, and Zoning Administrator
of all decisions and resolutions.
(4)
Testimony offered by nonapplicants. Testimony provided by any person who is not an applicant, expert offered by the applicant as part of applicant's presentation, or agent of the applicant shall be provided in accordance with this Subsection C(4). All persons wishing to testify must first sign in on a form to be provided by the Clerk to the Board. Said form shall provide the name, address and phone number of the person who wishes to testify. In addition, the form shall provide an election, to be made by the person wishing to testify, as to whether the person wishes to waive being treated as a party to the proceeding under Maryland law, entitling him or her to notice of any subsequent judicial action in the Circuit Court with respect to the proceeding and that a waiver of his or her status as a party will mean that he or she will not get notice of any subsequent judicial action related to the proceeding. If the person indicates that he or she wishes to waive being treated as a party to the proceeding, the Board shall not thereafter treat the person as a party to the proceeding. Nothing in this Subsection C(4) prevents the Board from accepting into the record correspondence or other documents submitted for inclusion in the record without personal testimony, so long as the person submitting such correspondence or documents provides his or her name and address. Parties submitting correspondence or documents but not attending the hearing to testify shall be considered parties to the proceeding.
D.
Receipt of applications, notice of hearings. Applicants for a special exception, or variance, and persons appealing an alleged error of the Zoning Administrator or the Planning and Zoning Commission, acting in an administrative capacity, may be accepted at any time and shall be scheduled for the earliest regularly scheduled board meeting, or sooner if such meeting is called by the chairman, following the fifteen-day period for public notification provided in Subsection D(1) below. All required elements of the application, including any required comment letters from other agencies (including the Critical Area Commission) must be submitted with the application for a hearing to be scheduled. Upon a hearing being scheduled, notice of the hearing shall be as follows:
[Amended 2-16-2006 by Ord. No. O-06-2; 1-15-2015 by Ord. No. O-14-21]
(1)
At least 15 days prior to the date fixed for the public hearing,
notice containing the name of the applicant or appellant, the date,
time and place fixed for the hearing, and a brief statement of the
substance of the application or appeal shall be advertised in at least
one newspaper of general circulation within the Town.
(2)
Post, in a conspicuous place on the property involved, a notice of pending action containing the same information as in Subsection D(1) above, such posting to take place at least 15 days prior to the date fixed for the public hearing.
(3)
Give written notice of the time and place of such hearing sent by
registered mail to the applicant or appellant and to the owners of
property contiguous to and immediately across the street from the
property affected.
(4)
Upon receipt of an application, for a special exception, interpretation,
or variance, the Secretary of the Board shall transmit a copy of said
application to the Planning Commission, together with a notice of
the aforesaid hearing.
E.
Powers and duties regarding interpretation. Upon appeal from a decision
of the Administrator or the Planning and Zoning Commission when the
Commission is acting in an administrative capacity as defined by Maryland
law, the Board shall decide any question:
[Amended 3-8-2006 by Ord. No. O-06-6]
(1)
Involving
the interpretation of any provisions of this chapter, including a
determination of the exact location of any district boundary if there
is uncertainty with respect thereto; and
(2)
Where
it is alleged there is an error in any order, requirement, decision
or determination, including any order requiring an alleged violation
to stop, cease, and desist, made by the Administrator in the enforcement
of this chapter or by the Planning and Zoning Commission.
F.
Powers and duties regarding variances.
(1)
Upon appeal from a decision by the Administrator, the Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions whereby such strict application would result in practical difficulty and unnecessary hardship depriving the owner of the reasonable use of land or building. In addition, due to the special features of a site or other circumstances where a literal enforcement of provisions relating to the Critical Area District would result in unwarranted hardship to a property owner, the Board of Appeals may grant a variance from the provisions of this chapter or Chapter 245, Subdivision of Land, applicable to the Critical Area District.
(2)
In general, the power to authorize a variance from the terms of this
chapter shall be sparingly exercised and only under peculiar and exceptional
circumstances.
(3)
Conditions.
(a)
No variance in the strict application of the provisions of this chapter
shall be granted by the Board unless the Board finds that the following
requirements and standards are satisfied:
[1]
That the granting of the variance shall be in harmony with the
general purpose and intent of this chapter, and shall not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
[2]
That the granting of the variance will not permit the existence
within a district of any use which is not permitted in that district.
[3]
That there are special circumstances or conditions fully described
in the findings, applying to the land or buildings for which the variance
is sought, which circumstances or conditions are peculiar to such
land or buildings and do not apply generally to land or buildings
in the neighborhood, and that said circumstances or conditions are
such that strict interpretation of the provisions of this chapter
would deprive the applicant of the reasonable use of such land or
building.
[4]
That there exists unnecessary hardship. If the hardship is general,
that is, shared generally by land or buildings in the neighborhood,
relief shall be properly obtained only by legislative action or by
court review of an attack on the validity of the ordinance.
[5]
That the granting of the variance is necessary for the reasonable
use of the land or building and that the variance as granted by the
Board is the minimum variance that will accomplish this purpose.
(b)
It is not sufficient proof of hardship to show that greater
profit would result if the variance were awarded. Furthermore, the
hardship complained of cannot be self-created; it cannot be claimed
by one who purchases with or without the knowledge of restrictions;
it must result from the application of the ordinance; it must be suffered
directly by the property in question; and evidence of greater profitability
and of variances granted under similar circumstances shall not be
considered.
(4)
A variance from the provisions of this chapter relating to the Critical Area District shall not be granted unless, in addition to meeting the requirements of Subsection F(3) above, the decision is based on all of the following criteria being met:
[Amended 5-11-2005 by Ord. No. O-05-4]
(a)
That special conditions or circumstances exist that are peculiar
to the land or structure within the Town's Critical Area District
that would result in an unwarranted hardship to the applicant. "Unwarranted
hardship" means that, without a variance, an applicant would be denied
reasonable and significant use of the entire parcel or lot for which
the variance is requested.
(b)
That a literal interpretation of the Town's local Critical Area
Program and this chapter will deprive the applicant of rights commonly
enjoyed by other properties in similar areas within the Critical Area
District.
(c)
That the granting of a variance will not confer upon an applicant
any special privilege that would be denied to other owners of like
property and/or structures within the Critical Area District.
(d)
That the granting of a variance will not adversely affect water
quality or adversely impact fish, wildlife, or plant habitat within
the Critical Area District, and that the granting of the variance
will be in harmony with the general spirit and intent of the Town
Critical Area Protection Program, this chapter, Maryland's Critical
Area law, and COMAR regulations.
(5)
A variance from the following provisions of this chapter relating
to the Critical Area District shall be subject to the following additional
procedures and standards:
[Amended 5-11-2005 by Ord. No. O-05-4]
(a)
A completed application form must be submitted to the Town, with a copy to the Critical Area Commission, that demonstrates the applicability of the criteria in Subsection F(4) above. The Board shall conduct a public hearing in accordance with Subsection D hereof only after receiving Critical Area Commission staff response to the application, which response shall be automatically admitted as part of the record.
(b)
In considering an application for a variance, the Board shall
presume that the specific development activity in the Critical Area
that is subject to the application and for which a variance is required
does not conform with the general purpose and intent of Natural Resources
Article, Title 8, Subtitle 18, COMAR Title 27, and the requirements
of the Town's Local Critical Area Protection Program.
(c)
If the variance request is based on conditions or circumstances
that are the result of actions by the applicant, including the commencement
of development activity before an application for a variance has been
filed, the Board may consider that fact.
(d)
An applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in Subsection F(5)(b) above.
(e)
Based on competent and substantial evidence, the Board shall make written findings as to whether the applicant has overcome the presumption of nonconformance established in Subsection F(5)(b) above.
(f)
With due regard for the person's experience, technical competence,
and specialized knowledge, the written findings may be based on evidence
introduced and testimony presented by:
(6)
In granting the variance, the Board may prescribe such conditions
and safeguards as it deems appropriate that comply with the intent
of this chapter as a whole and the Town of Chesapeake Beach Critical
Area Program. Violations of such conditions and safeguards, when made
part of the terms under which the variance is granted, shall be deemed
a violation of this chapter and punishable in accordance with the
provisions for violations.
G.
Actions of the Board in exercising powers concerning appeals. In
exercising the above-mentioned powers concerning appeals, the Board
may, in conformity with law and the provisions of this chapter, reverse
or affirm, wholly or partly, 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.
H.
Time limitations on Board approvals. A decision of the Board permitting
the erection or alteration of a building shall be valid for a period
of one year, unless a zoning permit for such erection or alteration
is obtained within this period and the erection or alteration proceeds
to completion in accordance with the terms of the decision. No decision
of the Board permitting the use of a building or land shall be valid
for a period longer than one year, unless such use is established
within said period; except that, where such use is dependent upon
the erection or alteration of a building, such order shall continue
in force and effect if a zoning permit for such erection or alteration
is obtained within said period, and such erection or alteration proceeds
to completion in accordance with the terms of the decision.
I.
Who may appeal to the Board. Appeals to the Board may be taken by
any person aggrieved or by any officer, department, board, or bureau
of the Town affected by any decisions of the Administrator.
J.
Rules and procedures for filing interpretation and variance appeals
and special exception applications.
(1)
General rules and procedures for appeals and applications.
(a)
Any appeal shall be made by filing the same with the Administrator
within 30 days after the date of the Administrator's decision.
(b)
All appeals and applications made to the Board shall be in writing
on standard forms prescribed by the Board.
(c)
All appeals and applications shall refer to the specific provisions
of the ordinance involved.
(d)
All appeals and applications shall set forth names and addresses
of all adjoining property owners, including those across the streets
from the subject property.
(e)
Variance appeals and special exception applications may not be filed which request the identical relief, related to the same property (regardless of who filed the appeal or application), which was requested in a previous appeal or application, if the previous appeal or application was filed within the previous 365 days. Upon good cause shown, the Board of Appeals may waive the time limitation of this Subsection J(1)(e) upon a written request submitted with a new application, so long as all applicable fees are paid for the new application. Fees collected for the new application shall not be refundable if the Board of Appeals turns down the request for a waiver.
[Added 2-16-2006 by Ord. No. O-06-5]
(2)
Interpretation appeals. Appeals concerning the interpretation of
any provisions of this chapter shall exactly set forth the interpretation
that is claimed.
(3)
Variance appeals. Appeals for variance from the strict application of this chapter shall include the zoning permit application denied by the Administrator, together with a statement with any supporting data regarding the requirements listed in Subsection F.
(4)
Special exception applications. Applications for special exceptions
shall include a zoning permit application with all information required
therein and a statement, with any supporting data, regarding the merits
of the proposed use at the proposed location and how the proposal
complies with the general and specific requirements of this chapter.
K.
Review by the Planning Commission on applications for special exceptions,
variances and interpretations. The Board may request an advisory opinion
from the Planning Commission. If an advisory opinion is requested
from the Commission regarding special exceptions, variances and interpretations,
the opinion shall be rendered within 30 days after submission to the
Commission.
L.
Decisions by the Board. Decisions by the Board on special exceptions,
variances, and interpretation appeals shall be rendered within 120
calendar days of the hearing on said exception, variance or interpretation,
unless a later date is mutually agreed upon by the Board and applicant.
M.
Appeal to court. Any person or persons, jointly or severally, aggrieved
by any decision of the Board, or any taxpayer of the Town, or any
officer, department, board, bureau of the Town, may appeal the same
to the Circuit Court of Calvert County.
N.
Annual review of rules and procedures. The Board of Appeals, during
its first scheduled meeting in January, shall annually review its
rules and procedures and may amend them as necessary.
