§ 130.0. Hearing Authority
A.
General
1.
The Hearing Authority has been established pursuant to Section 501 of the Howard County Charter.
2.
Section 16.302 of the Howard County Code authorizes the Hearing Examiner to hear and decide certain matters within the scope of these Regulations. The Howard County Code specifies which matters are within the jurisdiction of the Hearing Examiner. The term "Hearing Authority" is used in these Regulations to refer to both the Board of Appeals and the Hearing Examiner.
3.
Appeals to the Hearing Authority may be taken by any person aggrieved, or by any officer, department, Board or bureau of the County affected by any decisions of the Department of Planning and Zoning. Such appeal shall be filed not later than 30 calendar days from the date of the action of the Department of Planning and Zoning and shall state the reasons for the appeal. Appeals with a deadline falling on a weekend or holiday must be filed prior to that deadline.
4.
Except as herein provided, if an application is disapproved by the Hearing Authority, thereafter the Hearing Authority shall take no further action on another application for the same or substantially the same proposal on the same premises until after 24 months from the date of the last disapproval; provided however, that a subsequent application for the same or substantially the same proposal on the same premises may be filed at the expiration of six months of the date of the hearing last held if accompanied by an affidavit setting forth new and different grounds, which the applicant believes would be sufficient for the approval of the proposal contained in the application. After having considered the said application and the facts alleged in the accompanying affidavit, the Hearing Authority may, after the notice required herein, grant another hearing, provided it is satisfied that new and different grounds or conditions exist which would have a bearing on the consideration of said proposal and would justify another hearing.
B.
Powers of the Hearing Authority
The Hearing Authority shall have the following powers related to zoning:
1.
Nonconforming Uses
As provided in Section 129.0.
2.
Variances
a.
The Hearing Authority shall have the authority to grant variances from the parking requirements and bulk regulations established in these Regulations, excluding density and minimum or maximum lot size requirements, where all of the following determinations are made:
(1)
That there are unique physical conditions, including irregularity, narrowness or shallowness of lot or shape, exceptional topography, or other existing features peculiar to the particular lot; and that as a result of such unique physical conditions, practical difficulties or unnecessary hardships arise in complying strictly with the bulk provisions of these Regulations.
(2)
That the variance, if granted, will not alter the essential character of the neighborhood or district in which the lot is located; will not substantially impair the appropriate use or development of adjacent property; and will not be detrimental to the public welfare.
(3)
That such practical difficulties or hardships have not been created by the owner provided, however, that where all other required findings are made, the purchase of a lot subject to the restrictions sought to be varied shall not itself constitute a self-created hardship.
(4)
That within the intent and purpose of these Regulations, the variance, if granted, is the minimum variance necessary to afford relief.
(5)
That no variance be granted to the minimum criteria established in Section 131.0 for Conditional Uses except where specifically provided therein or in an historic district. Nothing herein shall be construed to prevent the granting of variances in any zoning district other than to the minimum criteria established in Section 131.0.
b.
Application and Public Hearing
(1)
Applications for variances shall be submitted to the Department of Planning and Zoning.
(2)
The Hearing Authority shall hold at least one public hearing on the application in accordance with Section 2.203 of the Howard County Code and may approve, disapprove or approve with conditions the requested variance. Each decision by the Hearing Authority shall be in writing and shall state the reasons for the decision.
c.
Conditions or Restrictions
The Hearing Authority may attach conditions or restrictions to a variance as it deems necessary in the specific case, in order to minimize the adverse effects of the variance upon other property in the neighborhood. Such conditions or restrictions shall be incorporated in the Building Permit and Use and Occupancy permit. Failure to comply with such conditions or restrictions shall constitute a violation of these Regulations, and may constitute the basis for denial or revocation of a Building Permit or a Use and Occupancy Permit.
d.
Petition to Modify Conditions of Approval of a Variance
A property owner may petition the Hearing Authority for modification of a condition imposed in a Decision and Order approving a variance in accordance with the following procedures:
(1)
A petition for modification of conditions shall be submitted in the same format and include the same information as a variance petition. The petition shall clearly indicate the approved variance, the requested modifications, and the reasons for the request.
(2)
The Hearing Authority shall hold a public hearing in accordance with the procedures for a hearing on a variance petition. The public hearing shall be limited to consideration of the modification requested by the petitioner.
(3)
The Hearing Authority shall issue a written decision either modifying or upholding the condition(s) imposed in the original Decision and Order.
(4)
After a decision is made, a new petition requesting modification of any of the conditions of approval shall not be accepted for at least 24 months after the date of the decision modifying or upholding the conditions of the original Decision and Order.
e.
Lapse of Variances
(1)
Except as provided in Subsection e.(2), below, a variance shall become void unless the required permits conforming to plans for which the variance was granted are obtained within two years, and substantial construction in accordance therewith is completed within three years from the date of the Decision and Order.
(2)
Subsection e.(1) above, shall not apply to any project for which plans are being actively processed in compliance with the procedures in Title 16, Subtitles I and II of the Howard County Code or where being actively processed in compliance with those subtitles when the applicable time period established by Subsection 1 above, expired.
3.
Temporary Uses
The Hearing Authority shall hear appeals from decisions of the Director of Planning and Zoning on temporary use petitions. Appeals must be made no later than 30 calendar days after the date of the decision of the Director of Planning and Zoning. Appeals with a deadline falling on a weekend or holiday must be filed prior to that deadline. Appeals shall be heard by the Hearing Authority on a de novo basis.
4.
Appeals of Administrative Decisions
To hear and decide appeals where it is alleged the Department of Planning and Zoning has erred in the interpretation or application of any provisions of the Zoning Regulations.
5.
Conditional Uses
To approve Conditional Uses as to location as provided in Section 131.0.
C.
Limitations, Guides and Standards
Where in these Regulations certain powers are conferred upon the Hearing Authority, or the Hearing Authority is called upon to decide certain issues, such Hearing Authority shall examine the specific property involved and the immediate neighborhood. The application shall not be approved where the Hearing Authority finds that the proposed structure, addition, extension of structure or use, use or change of use, would menace the public health, safety, security, or general welfare, or would result in dangerous traffic conditions, or would jeopardize the lives or property of people living in the neighborhood. In deciding such matters, the Hearing Authority shall give consideration, among other things, to the following:
1.
The number of people residing, working or studying in the immediate areas.
2.
Traffic conditions including facilities for pedestrians, such as sidewalks and safety zones and parking facilities and the access of cars to highways.
3.
The orderly growth of the community.
4.
The reasonable needs of the entire community and particular neighborhoods.
5.
The legislative intent of these Regulations as provided in Section 100.0.A.
6.
The effect of odors, dust, gas, smoke, fumes, vibration, glare and noise upon the use of surrounding properties.
7.
Facilities for sewers, water supply, solid waste collection and disposal and the ability of the County to supply such services.
8.
Availability of fire-fighting equipment.
9.
Decisions of the Circuit Court for Howard County and the Court of Appeals of Maryland.
10.
The effect of such use upon the peaceful enjoyment of people in their homes.
11.
The most appropriate use of land and structures.
12.
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.
13.
The General Plan for Howard County including master plans for land use, highways, recreation and parks, schools, sewers, water, conservation and the like.
14.
The effect of the proposed use or development on the natural, environmental or landscape resources of the site and adjacent sites, including such resources or features as historic resources, floodplains, wetlands, steep slopes and vegetation.
D.
Court Review
1.
Any person, persons, taxpayer, officer, department, board or office of the County, jointly or severally aggrieved by any decision of the Board of Appeals, may appeal to the Circuit Court for Howard County by petition, duly verified, setting forth that such decision of the Board is illegal, in whole or in part, and specifying the ground of the illegality.
2.
Appeals to the Circuit Court shall be filed within 30 calendar days from the day upon which the Board decides the matter from which the appeal is taken and in compliance with the requirements set forth in the MD Rules.
3.
The Court shall grant the Board of Appeals and other proper parties a reasonable time to answer and shall require either the original papers or certified copies thereof, which constituted the entire record before the Board, to be filed with the Board's answer.
4.
The Court may hear the appeal on the record, or if, in the opinion of the Court, additional testimony is required for the proper disposition of the case, the court may permit either or both sides to present additional testimony.
5.
The Court shall hear the case without the intervention of a jury.
6.
The Court may modify, reverse, or affirm, wholly or partly, or may remand for further consideration, any decision of the Board of Appeals. When a case is remanded for further consideration, the testimony, if any taken in court, shall be made available to the Board. The costs of preparing a printed record of such testimony shall be made a part of the costs of the case.
7.
An appeal may be taken from the determination of the Circuit Court to the Court of Special Appeals of Maryland.