[Amended 8-9-1999 by Ord. No. 8-99; 12-13-1999 by Ord. No. 9-99; 3-12-2001 by Ord. No. 3-2001]
The Board of Appeals of the City of Taneytown is hereby created and shall consist of five members. The terms of office of the members of the Board shall be three years. They shall be appointed by the Mayor, confirmed by the Council and removable for cause, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Members of the Board may receive that compensation as the Council deems appropriate.
The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this chapter. Meetings of the Board shall be held at the call of the Chairperson and at any other times as the Board may determine. The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall make a transcript of all proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact, which shall be immediately filed in the office of the Board and shall be a public record.
The Board of Appeals shall have the following powers:
To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter or of any ordinance adopted pursuant thereto.
To hear and decide special exceptions to the terms of the ordinance upon which the Board is required to pass under such ordinances.
To authorize upon appeal in specific cases a variance from the terms of the ordinance.
[Amended 2-14-1983 by Ord. No. 1-83]
Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decisions of the Zoning Administrator. The appeal shall be taken within 30 days by filing with the Zoning Administrator and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
The Board of Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or by attorney. The Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make that order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Zoning Administrator from whom the appeal is taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Appeals, after notice of appeal taken shall have been filed with him or her, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In that case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken and on due cause shown.
Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals, or by a reclassification by the Council, or any taxpayer or any officer, department, board or bureau of the City may appeal the same to the Circuit Court of Carroll County. The appeal shall be taken according to the Maryland Rules as set forth in Chapter 1100, Subtitle B.
[Amended 9-9-1996 by Ord. No. 6-96]
All applicants for hearings before the Board of Appeals shall be jointly and severally liable to pay to the City full reimbursement for any and all costs or expenses incurred by the City directly or indirectly related to such hearing, including but not limited to filing fees, the cost of fees payable to members of the Board for attendance at the hearing, attorney's fees, publication costs and other advertising costs, the costs of any required court reporter any engineering or review costs and any other expense directly related to such hearing. No zoning certificate or building permit shall be issued for the property which is the subject of the application, until all such costs as billed by the City Clerk shall have been paid to the City in full. In the event of an appeal of any decision of the Board of Appeals to any court, the record of the proceeding, including any exhibits and transcripts, will not be released or filed with the appellate courts until all such costs have been paid in full.