§ 32-3-303. SAME - ADMINISTRATIVE SPECIAL HEARING.

(a)

In general.

(1)

Notwithstanding the hearing requirements under § 32-3-302 of this subtitle, the Zoning Commissioner may grant variances from area and height regulations without a public hearing if the variance petition involves an owner-occupied lot zoned residential, as defined by the Baltimore County Zoning Regulations.

(2)

(i)

In order to receive a variance without a hearing, the petitioner shall file a supporting affidavit with the petition under oath made on the personal knowledge of the petitioner that sets forth facts that would otherwise satisfy the petitioner's burden of proof if a hearing were to be required.

(ii)

The affidavit is in addition to the information required by the Zoning Commissioner on the petition.

(3)

The Zoning Commissioner may not grant a variance under this section unless notice of the petition is conspicuously posted on the property for a period of at least 15 days following the filing of the application in accordance with the requirement of the Department of Permits, Approvals and Inspections.

(b)

Request for public hearing.

(1)

Within the 15 day posting period required under subsection (a)(3) of this section, an occupant or owner within 1,000 feet of the lot in question may file a written request for a public hearing with the Department of Permits, Approvals and Inspections.

(2)

The Department shall schedule a hearing to be held on a date within 75 days after receiving a request for a public hearing.

(c)

Discretion of Commissioner to require a hearing. If a written request for a public hearing is not filed, the Zoning Commissioner may:

(1)

Grant the variance without a public hearing, if the requested variance is in strict harmony with the spirit and intent of the height and area requirements of the Baltimore County Zoning Regulations, and any other applicable requirement; or

(2)

Require a public hearing during which the petitioner shall be required to satisfy the burden of proof required by the Baltimore County Zoning Regulations for the variance to be granted.

(1988 Code, § 26-127) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 91, 1990, § 2, 8-13-1990; Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 103-02, § 2, 7-1-2004; Bill No. 75-03, § 5, 7-1-2004; Bill No. 122-10, §§ 12, 30, 1-16-2011)