Deep Creek Lake Zoning
APPLICATION PROCESS
Every application for a zoning permit shall be made in writing by the owner,
vendee under
contract of sale, or authorized
agent of the owner, on a form
supplied by the County, and
shall be filed with the Zoning Administrator.
If the application for a zoning permit is approved, the Zoning Administrator
shall
sign the
zoning application and the
application for Construction Release
Form that is circulated by
the Garrett County Codes Official for all building
permits.
The administrator shall return the
application for construction release
to the Codes Official to secure evidence of
compliance
with all other
pertinent agencies before a building permit is issued. Construction,
reconstruction, alteration or
movement of a structure; or change in use of
land or building
shall not be initiated until a "Building Permit" is issued by the
Code Official and the permit is
posted on the premises.
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 401 of the Deep
Creek Lake Zoning Ordinance are exempt
from this requirement.
If the certified site location plan illustrates that a structure or building will
extend to within
120% of the minimum setback
required under Section 401,
Table of Dimensional
Requirements in the Deep Creek Lake Zoning
Ordinance, 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 for all new structures or building additions are excavated
and
poured and a certified site location plan must be
provided to the Zoning Office
verifying
compliance before any foundation work may continue.
APPEALS FOR VARIANCES AND 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 Lake 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 or unnecessary hardship depriving the
owner of the reasonable use
of land or
building involved. A Special Exception is a request for a particular
use of property
which is
listed in the Deep Creek Lake Zoning Ordinance as
permitted only by special exception
granted by the Board of
Zoning Appeals.
Any appeal for either a variance or a special exception shall be filed with the
Zoning
Administrator within 30 days after the date
of the Zoning
Administrator's decision; provided
however, that the Board may waive the
time limit if the appellant demonstrates
good cause for
doing so or files the
appeal within 30 days of the commencement of construction or other
activity
under the permit.
All appeals and applications made to the Board shall be in writing on standard
forms available
from the Zoning Administrator.
Appeals for variance from the
literal application by this
Ordinance shall include a copy of the zoning permit
application denied
by the Zoning
Administrator together with a statement
containing any relevant supporting arguments regarding
the requirements
listed
in Section 1005 of the Deep Creek Lake Zoning Ordinance.
Applications for
special exceptions shall include a zoning
permit application with all information
required therein and 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 Deep
Creek Lake
Zoning Ordinance.
Upon transmittal to the Board of an application filed with the Zoning
Administrator for a
variance 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 as
follows:
A. Legal Ad. At least 14 days prior to the date fixed for public hearing,
publish a notice
containing the name of the applicant or
appellant; the date,
time and place fixed for the hearing;
and a brief statement of the variance or
special exception sought by the
applicant in at least
one newspaper of general
circulation within the County.
B. Sign. Post, in a conspicuous place on the property involved, a notice of
pending action
containing the same information as in the
legal ad, such posting
to occur at least 14 days prior
to the date fixed for the public hearing.
C. Mail. Give written notice of the time and place of such hearing sent by
certified mail to the
applicant or appellant and to the
owners of record of
property contiguous to, or opposite the
property affected.
FEES
All applicants for zoning permits, special exceptions and variances shall at the
time of making
application, pay to the Zoning
Administrator for the use of the
County, a fee in accordance
with a fee schedule adopted by resolution of the
County
Commissioners upon the enactment
of the Deep Creek Lake Zoning
Ordinance, or as such schedule may be amended by
resolution of the County
Commissioners. The adopted fee schedule is as follows:
TYPE OF PERMIT |
FEE |
| New Residential Use |
$50.00 / Dwelling Unit |
| Conversion to Transient Vacation Rental |
$15.00 |
| New Transient Vacation Rental |
$50.00 / Dwelling Unit |
| Large Residential Additions |
$25.00 |
| Signs and Accessory Uses or Buildings (including small decks, fences, sheds, etc.) |
$25.00 |
| Home Occupation |
$50.00 |
| New Commercial Use |
$50.00 / Use |
| Expansion of Commercial Use |
$25.00 |
| Residential & Accessory Uses Requiring Public Hearing |
$250.00 |
| Commercial Uses Requiring Public Hearing |
$250.00 |
Note: For any Zoning Appeals Board hearings in which actual advertising costs incurred exceed the $250 fee, the applicant will be charged for the additional cost of mailing.
BOARD OF ZONING APPEALS
The Board of Zoning Appeals meets on the Thursday two weeks after the
Planning
Commission meeting. The Planning
Commission meeting is held on
the first Wednesday
of every month. Therefore the Board of Zoning Appeals
will meet on
the third or fourth
Thursday of every month.
The Board of Zoning Appeals consists of five (5) members. The terms of
office for each
member are three (3) years.
Members are appointed by the
County Commissioners.
Current members of the Deep Creek Watershed
Board of Zoning
Appeals are:
Thomas Kierstead (Chairperson)
Charles McCrobie
Troy Gnegy
Wayne Harman
Robert F. Browning
Russell T. Sines (alternate)
Dr. William Savage (alternate)