[Amended 6-28-2016 by Ord. No. 2016-1]
There is hereby created a Board of Zoning Appeals consisting
of three members appointed by the County Commissioners. All members
shall be residents of Caroline County. The term of office of each
member is three years. Each member shall serve no more than three
consecutive terms. After completing a third term, a member may not
be reappointed for two years. Vacancies shall be filled by the County
Commissioners for the unexpired term of any member whose seat becomes
vacant. The County Commissioners may remove any member for incompetence,
misconduct, failure to attend meetings under § 8-501 of
the State Government Article, or conviction of a crime in accordance
with § 8-502 of the State Government Article. The County
Commissioners shall file a written statement of charges stating the
reasons for the removal and provide an opportunity for a public hearing
to contest the charges. An alternate member may be appointed to fill
a vacant position subject to the same terms of office.
The County Commissioners shall designate one
alternate member for the Board of Zoning Appeals, who may sit on the
Board in the absence of any member of the Board. When the alternate
is absent, the County Commissioners may designate a temporary alternate.
The Board shall elect a Chairman and a Vice
Chairman from among its members, each to serve for one year or until
his successor is elected. In the event of a vacancy in either of said
offices, a successor shall be elected to serve for the unexpired term
of the vacated office. In the absence of the Chairman, the Vice Chairman
shall serve as Acting Chairman. The Zoning Administrator shall serve
as Executive Secretary to the Board of Zoning Appeals.
The Board of Zoning Appeals shall have the power
and duty to hear and decide the following:
C.
Appeals where it is alleged there is error in any
order, requirement, decision or determination made by the Zoning Administrator
in the enforcement of this chapter.
A.
The meetings of the Board of Zoning Appeals shall
be open to the public, but public participation may be limited to
periods during which testimony is permitted.
B.
The Chairman or, in his absence, the Acting Chairman
may administer oaths and may compel the attendance of witnesses.
C.
The Board of Zoning Appeals may adopt, by resolution,
additional rules of procedure, provided that such rules are consistent
with this chapter and with applicable state enabling legislation.
Such rules shall be available to the public.
A.
All applications for hearings shall be made on forms
approved by the Board of Zoning Appeals and shall be available from
the Zoning Administrator.
B.
Each application shall be signed by the applicant(s),
such as an owner, tenant, contract purchaser or optionee of property
involved, the protestant(s) or the agent or attorney of any of them.
C.
Applications, together with all required information
and fees, shall be filed with the Zoning Administrator at least 30
days prior to the meeting of the Board at which the application is
to be considered.
A.
Publication requirements. The Board shall cause a
notice of public hearing to be published once each week for two successive
weeks in at least one newspaper of general circulation in Caroline
County.
B.
Contents. The notice shall contain the name(s) of
the applicant(s) and current property owner(s), a brief description
sufficient to identify the property involved, a brief statement of
the action requested and the date, time and place of the public hearing.
C.
Scheduling requirements. The public hearing shall
not be scheduled less than 10 days from the first published notice.
D.
Mailing requirements. Copies of the public hearing
notice shall be mailed by United States mail, first class postage
prepaid, to all interested parties, as shown by the record of said
proceeding on file, and to all adjoining property owners not less
than 10 days before the date of the hearing. The mailed notices shall
be directed to the names and addresses as shown on the most recently
available quarterly Subdivision Listing for Caroline County published
by the State Department of Assessments and Taxation. A copy of the
public hearing notice shall also be provided to the Planning Department
for possible comment and review.
E.
Posting of property. At least 10 days prior to the
scheduled public hearing, the Zoning Administrator shall erect a sign
on the property involved. Such sign shall be erected within 25 feet
of the boundary line of said land which abuts the most traveled County
or state road and, if no County or state road abuts thereon, then
facing in such a manner as may be most readily seen by the public.
The sign shall be removed by the Zoning Administrator after the public
hearing is closed or the application is withdrawn.
A.
An affirmative vote of two members shall be required
to effect any decision of the Board.
B.
A member of the Board who did not attend the public
hearing on an application shall not participate in the decision on
said application.
C.
The Board may meet in executive session when deliberating
as to what its decision should be in any proceeding which has been
previously fully heard and concluded before it.
D.
The Board shall render its decision in open session
within 45 days following the close of the public hearing.
E.
All decisions shall be recorded in the minutes and
shall include findings of fact based directly on the particular evidence
presented to the Board, the conclusions of the Board and the reasons
therefor.
F.
Each decision shall also include the names of the
members of the Board who voted or who were present when a vote was
taken and shall indicate the manner in which each member voted.
G.
A copy of each decision shall be furnished to the
applicant(s), the Caroline County Planning Department and any other
party to the proceeding without charge.
