Board of Zoning Appeals

About

The Board

The Board of (Zoning) Appeals is an appointed Board. Appointments are made by County Commissioners. The Commissioners appoint County residents to fulfill five positions; three (regular) members and two alternates, each with a term of three years. Terms are to be staggered so that no more than two terms expire in any year. Members of the Board receive compensation as the County Commissioners deem appropriate. A Chairman is selected among the three regular members. The County procures the services of an attorney to assist the Board in its deliberations and with the preparations of Findings of Fact.

All meetings are generally held within the County Office Complex and are open to the public. The Board keeps 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 findings of fact; all of which shall be immediately filed with the County and shall be a public record.

The Board exists to conduct hearings and adjudicate Variances, Special Exceptions and claims of Administrative Error. The Board shall publish notice of the time and place of the hearing in a newspaper of general circulation in the County at least 15 days prior to the hearing. The Board will require the applicant to post the property in question at least five days prior to the hearing date. The Board will notify in writing all known property owners adjacent to the property in question at least five days prior to the hearing. Adjacent property owners include those separated from the property in question by roads, railroads and other rights-of-way. Property owners are to be identified by use of the most current tax account information.

Execution of Cases

Board of Zoning Appeals hearing are generally conducted on the first Wednesday of any given month. Board of Zoning Appeals Cases are executed as follows: Application, public notification, site visit, public hearing, decision(vote), preparation of written Findings, execution of Findings by Chairman, Findings dispatched.

Site Visit: Prior to the hearing date, the Board of Appeals members shall make an inspection of any site where an appeal is pending. This inspection shall be done in a manner that allows public participation.

Hearing Procedure: Hearings shall be conducted in the following order:

1. Petitioner and witnesses will be sworn in.

2. BOZA staff will present the appeal case and all pertinent documents.

3. The Petitioner or his agent will present his case.

4. Proponents may speak.

5. Opponents may speak.

6. Rebuttal testimony by the Petitioner.

7. Board members may question any applicant or witness during their testimony.

Decisions: The Board shall meet in executive session following the conclusion of the meeting agenda to decide the appeals heard during that meeting. The public may attend this executive session but may offer no further testimony or comment during the executive session. The Board shall make its decision on any case known in writing to the Petitioner and adjacent property owners within 30 days after the hearing date. Any condition which the Board attaches to an approved application will remain in force for the Petitioner and any successor.

Appeal: Any person or persons or any taxpayer or any officer, department, board, bureau or Commission jointly or severally aggrieved by a decision of the Board may appeal the same to the Circuit Court of Allegany County within 30 days of the notification of the decision.

Reference: §360-140., Part 4, Zoning, Allegany County Code of Public Local Law.