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Zoning
Appeals
Below are answers to common questions relating
to zoning appeals. If an answer to your question is not listed, or if you
need further information please contact the Planning Office at (301)
739-8577 x138, or E-mail at planning@hagerstownmd.org.
WHAT IS THE BOARD OF ZONING APPEALS?
The Board of Zoning Appeals consists of five citizens, with one alternate,
appointed by the Mayor and confirmed by the City Council. These are not
salaried positions; however, they play an important role in ensuring that
the zoning process is equitable. The Board rules on variances, special
exceptions, appeals of administrative decisions, and alterations of Nonconforming
Uses. Below, each case is described.
The current members of the Board are:
Brett Wilson, Chair
Andrew Durham
Janice Kelsh
Travis Poole
James D. Shives
Michael Snyder, Alternate
Anyone interested in serving on the BZA should contact the City Clerk at 301-739-8577, x113.
Variances
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A variance is permission to vary the bulk, area, height and/or
yard requirements specified in the Zoning Ordinance.
The Planning Office is responsible for enforcing the Zoning
Ordinance as it is written. There are times when individuals feel
that there are extraordinary circumstances affecting their property
that would justify a change--usually a reduction--in the requirements
of the Ordinance. An example would be extending a porch two feet beyond the setback line in the front yard.
The Board can grant such a reduction if the Board finds it will
not adversely affect the public interest, the spirit of the Ordinance,
or the Comprehensive Plan, and the applicant shows literal enforcement
of the provisions of the Ordinance would result in practical difficulty
or unnecessary hardship. Merely desiring to deviate from the requirement of the Ordinance is not grounds for approval.
When applying for a variance, applicants must show the following:
That compliance with the strict letter of the restrictions would
unreasonably prevent the owner from using the property for a permitted
purpose or would render conformity with such restrictions unnecessarily
burdensome; and
That the grant of the variance applied for would do substantial
justice to the applicant as well as to other property owners in
the district, and that a lesser relaxation than that applied for
would not give substantial relief to the owner of the property involved
and be more consistent with justice to other property owners; and
That the variance can be granted in such fashion that the spirit
of the Ordinance will be observed and public safety and welfare
secured.
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Special Exceptions
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A special exception is a grant of a specific use that would not
be appropriate generally without restriction. Many uses are listed
as "permitted uses" in each zoning category (R-1, R-2,
C-1, etc.). Uses are consistent with the purpose of the particular
zoning district as is single- or two-family dwellings in the R-1
(Residential) district. Other uses may be allowed, but, due to their
nature, they may have an adverse impact on neighbors, the neighborhood,
or the City. For example, a day-care center may be compatible in
the R-1 district, unless it is located on a street which cannot
accommodate the traffic. Such uses are listed as "special exceptions"
and may only be permitted if the Board of Zoning Appeals rules that
the granting of the special exception will not materially or adversely
affect the public interest.
In granting any special exception, the Board of Zoning Appeals
may prescribe appropriate conditions and safeguards in conformity
with this Ordinance. Examples could include landscaping, hours of
operation, number of employees, etc.
The Board of Zoning and Appeals may only approve special exceptions for uses
listed in the ordinance as permitted special exemption uses.
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Appeals of Administrative Decisions
| If an applicant believes that the Planning Office has erred
in a ruling made in the enforcement of the Zoning Ordinance, they
may appeal to the Board of Zoning Appeals. Appeals must be filled within 30 days fo the date of staff
action. |
Alterations of Nonconforming Uses
| A nonconforming use is a land use that legally existed before the
adoption of the zoning regulations (March 1977) or a subsequent amendment of the
ordinance or zoning map, but is not considered
a permitted use in the particular zoning district (for example, a
commercial building in a residential district). The Board of Zoning
Appeals may approve the expansion of the use provided that the expansion
is limited to 35% of those existing structures and parcels devoted
to a nonconforming use. The Board may also approve a change of nonconforming
use if the applicant shows that the proposed change will have less
objectionable effects than the existing use with respect to traffic
generation and congestion, including truck, passenger car and pedestrian
traffic; noise, smoke, dust, fumes, vapors, gases, heat, odor, glare
or vibration; storage and waste disposal; and appearance. If a Non Conforming Use is not
operated for a year or more, nonconforming status is lost. |
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WHAT DO YOU NEED TO APPLY
TO THE BOARD?
The following must be submitted before an application is complete:
- Fill out the required form
- Prepare a scaled drawing showing the outline of the property, all
existing buildings or structures, any proposed additions, and any other
right-of-ways, roads or easements that are pertinent.
If the appeal is for a variance, prepare a hardship statement (see "Variances"
above).
Pay fee at the time of filing (this covers the costs of postage, hearing
notice sign and advertising in the local newspaper).
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WHEN WILL THE BOARD HEAR YOUR
CASE?
The Board of Zoning Appeals hearings are normally scheduled for 7:00
p.m. in the Council Chamber at City Hall on the third Wednesday of every
month, although the chairman has the right to change hearing dates and
schedule special hearings. Regardless, all meetings are public and notice
of their date and time is given well in advance.
Prior to a hearing, all adjoining property owners are notified of the
hearing and the appeal is advertised twice in the local newspaper (Morning
Herald and Daily Mail). The first advertisement is fourteen days before
the public hearing and the second advertisement is seven days prior to
the public hearing. A sign is posted on the property announcing the time,
place and date of the hearing. This sign must be posted ten days prior
to the public hearing. The applicant is responsible for picking up the
sign at the Planning Department and displaying the sign during the 10-day
period.
WHERE DO YOU FILE?
The Planning Office is located on the fourth floor of City Hall and
is open for business Monday through Friday, from 8:00 a.m. until 4:30
p.m. The deadline for receiving applications is approximately twenty days
before the public hearing, usually on a Thursday or a Friday.
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WHO WILL SPEAK FOR YOU?
If you are to appear before the Board of Zoning Appeals, either as an
applicant or opposing an applicant, you should begin your preparation
by studying the Zoning Ordinance and the application to be submitted.
In considering your approach, you may wonder whether you, a friend, an
attorney, or an expert witness should speak for you. Board of Zoning Appeals
hearings are not legal proceedings as court trials are, and so individuals
or their friends or relatives usually present the cases however, the Board operates similiarly to a court (but less formally) taking testimony, swearing witnesses accepting exhibits as "evidence." People prefer to have an attorney help in mapping strategy,
making pertinent comments, cross-examining witnesses (if necessary) and
making an effective summary. Expert witnesses can also be beneficial to
a case, but be sure that their credentials will support that they are
an expert in their field. The Board will ask for credentials during the
hearing.
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WHAT HAPPENS AT THE HEARING?
The Board of Zoning Appeals attempts to keep the hearing as informal
as possible, and yet meet the requirements for conducting a hearing so
that the proceedings will bear the scrutiny of appeals. All hearings are
recorded, and are open to the public. The following procedure is normally
used in handling a case:
- The applicant or a representative is asked to step forward and be
sworn.
- The Chairman asks for the applicant's (or representative's) name and
address for the record.
- The Chairman asks the applicant to explain what they are requesting
and why the Board should approve the application. The explanation should
relate to the reasons that the Zoning Ordinance permits approval of
the application. If an attorney is representing the applicant, this
information will usually be brought out through a series of questions.
- Introduction of plats and documentation.
- Witnesses, if any, are asked to be sworn and to testify.
- The Board asks questions of the applicant, attorney, or witnesses.
- The Board asks for testimony from anyone wishing to speak in favor
of the appeal.
- The Board asks for testimony from anyone wishing to speak in opposition
to the appeal.
- The applicant or the applicant's representative, is given the opportunity
to summarize.
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WHEN WILL YOU KNOW THE DECISION?
Typically, The Board discusses cases at the end of a session and votes on the case, so applicants may leave the meeting knowing the unofficial decision in their case. However, the offical decision is a written "decision and order", which makes findings and conclusions basedon the testimony. This order is written to be consistent with the Boards' deliberations that occured at the end of the meeting. The Zoning Ordinance requires that the Board render a decision within
thirty days of the hearing.
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CAN YOU APPEAL THE DECISION?
Decisions of the Board of Zoning Appeals may be appealed to the Circuit
Court of Washington County within thirty days of the date of the Board's
decision
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