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Deep Creek Watershed Zoning

 

Deep Creek Watershed Zoning Administrator: William DeVore 301-334-1920

The first Deep Creek Watershed Zoning Ordinance became effective on June 1, 1975. The most recent versions of the Zoning Ordinance & Zoning Map became effective June 1, 2010 and can be viewed by clicking on the following links: Deep Creek Watershed Zoning Ordinance Deep Creek Watershed Zoning Map

ZONING PERMITS

Erecting most structures or changing the use of land or buildings within the Deep Creek Watershed requires a zoning permit. In most cases a building permit from the Office of Permits & Inspections will also be required. Certain smaller structures such as fences, signs, and small sheds will require a site plan and zoning permit even if a building permit is not required.  Please call with details of any proposed project to determine which permits will be required.

 

Applications- Zoning permit applications are made at the Planning & Zoning Office by the property owner or authorized agent of the owner. If a building permit is required, the permit application process will begin at the Office of Permits & Inspections.  As part of the building permit process, the Office of Permits & Inspections will issue a Construction Release form that must be signed by all applicable county agencies including the Zoning Administrator.   Once the zoning permit is approved, the Zoning Administrator shall also sign the Construction Release form that must be returned to the Permit Office.  Construction of the proposed structure may not be initiated until the building permit is issued.

Site Plans- Every application for a zoning permit shall be accompanied by a certified site location plan for all new permanent structures or building additions. The corners of all lots must be established by survey and all new buildings must be located and staked out by the surveyor in the field to avoid error in the placement of the building. An application for a zoning permit whereby the setbacks are more than 300 percent of the required minimum yards as set forth in Section 157.041 of the Deep Creek Watershed Zoning Ordinance are exempt from this requirement.

“Second Surveys”- If the required site plan illustrates that a structure or building will extend to within 120% of the minimum required setbacks, then the corners of all new foundation walls must be located and set by a licensed surveyor in the field. This fieldwork is to be conducted after the footers are excavated and poured. The “second survey” site location plan verifying setback compliance must be provided to the Zoning Office before any foundation work may continue.

Single Family Dwellings & TVRUs- The Deep Creek Watershed Zoning Ordinance differentiates between private residences (Single Family Dwelling Units) and rental units (Transient Vacation Rental Units or TVRU’s).  A TVRU is defined as follows: “A building offering complete living facilities for one single family under one roof provided that a maximum of 8 bedrooms and a maximum over night occupancy of two persons per bedroom plus four additional persons will be permitted on the property and that the living facilities are rented on the basis of a 14-day period or less to guests.  All living facilities must be incorporated into the principal structure and no living quarters may be installed in accessory buildings”. 

As part of the zoning permit for new construction, applicants must declare whether they are building a single family home or a TVRU.  If the owner does not want to establish a TVRU they are asked to sign an Affirmation Of Landowner to clarify that the house will only be used as a single family dwelling, unless the owner applies for a change of use permit.

The TVRU Application form is used as a guideline to aid in processing a zoning permit to establish the use as a TVRU for new construction. The form is also used to change the use of an existing single-family dwelling unit to a TVRU.  After the zoning permit is approved, all TVRU’s must be registered and licensed with the Office of Licensing and Enforcement and must comply with the Transient Vacation Rental Unit Ordinance.  Additional fees are required for licensing and registration.

Fees- Required fees can be paid by cash or check (credit cards are not accepted). Checks can be made payable to the Garrett County Commissioners. The current fee schedule is as follows:

TYPE OF PERMIT	FEE
New Residential Use, TVRU’s, Home Occupations, or New Commercial Use	$50.00/use or unit
Residential Additions, Signs, Accessory Uses or Buildings (including outbuildings, garages, fences & decks) or Expansion of Commercial Use	$25.00
Special Exception, Variance or Interpretive Hearings	$250.00

 

APPEALS FOR VARIANCES, INTERPRETATIONS & SPECIAL EXCEPTIONS

Upon denial of a zoning application by the Zoning Administrator, the applicant may file an appeal with the Deep Creek Watershed Board of Zoning Appeals. A Variance is a request to vary or adapt the strict application of any requirements of the Deep Creek Watershed Zoning Ordinance in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions whereby such strict applications would result in practical difficulty and unnecessary hardship depriving the owner of the reasonable use of land or building involved. A Special Exception Use is a use for which the Board of Appeals may grant zoning approval following a public hearing and findings of fact consistent with the provisions of the Ordinance, and provided the use complies with conditions and standards in the Ordinance. An Interpretation Hearing may be requested where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator pursuant to Section 157.164

All appeals and applications made to the Board shall be in writing on an application available from the Zoning Administrator. Appeals for a variance must also include a statement containing any relevant supporting arguments regarding the requirements listed in Section 157.165 of the Zoning Ordinance. Applications for special exceptions must also include a statement with any supporting data describing the merits of the proposed use at the proposed location and showing the proposal complies with the general and specific requirements of the Zoning Ordinance. Appeals concerning an interpretation shall exactly set forth the interpretation that is claimed by the applicant to be the more correct interpretation.

Upon transmittal to the Board of an application filed with the Zoning Administrator for a variance, interpretation or special exception, the Board shall fix a reasonable time (not less than 14 days nor more than 45 days from the transmittal date) for a public hearing thereon and give notice pursuant to Section 157.168 of the Zoning Ordinance.

 

BOARD OF ZONING APPEALS

The Board of Zoning Appeals generally meets on the third Thursday of every month. The Board consists of five (5) members appointed by the County Commissioners. The term of office for each member is three (3) years. Current members of the Deep Creek Watershed Board of Zoning Appeals are:

Robert F. Browning (Chairman)
Charles McCrobie (Vice Chairman)
Steven Gnegy
Wayne Harman
William Ingram
Russell T. Sines (alternate)
Bruce Swift (alternate)