Board of Appeals
Aberdeen Board of Appeals
From Section 235-11 Board of Appeals
Duties:
Administer oaths and conduct hearings, including receipt of evidence and stipulations
Adopt rules and regulations for the conduct of its hearings.
Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator.
Hear and decide applications for special exceptions and variances as authorized under this chapter.
Issues subpoenas for and compel the attendance of witnesses.
Rules of Conduct:
The Board shall adopt rules for the conduct of its business, which shall be made available to the public. A quorum shall not be fewer than three members, and an affirmative vote of three members of the Board shall be required to reverse any decision, ruling or determination of the Zoning Administrator or to approve any special exception or variance. All hearings and deliberations shall be open to the public, unless permitted to be closed under the Open Meetings Act.[1]
The Board shall hold meetings at the call of the Chairperson and at such other times as the Board may determine.
The Board shall keep minutes of its proceedings and other actions, showing the vote of each member upon each question. The Board shall keep records of its examination and other official actions, all of which shall be filed in the City office and shall be a public record. The Chairperson or, in his/her absence, the Deputy Chairperson may administer oaths and compel the attendance of witnesses.
Upon receipt of a completed application, the Board shall schedule a public hearing and provide notice in one newspaper of general circulation in the City at least 14 days prior to the hearing and on the City’s website.
All contiguous property owners shall be notified of the public hearing date by regular and certified mail.
Hearing Procedure:
Applicant's case.
Report of the Department of Planning and Community Development and other public agency representatives.
Any opponent's case in chief.
Applicant's case in rebuttal.
Special Exception Criteria:
The proposed use is compatible with the principal permitted uses within the district.
The use does not adversely affect public health, safety and welfare of adjoining or neighboring properties.
Variance Criteria:
The literal enforcement of the code would result in undue hardship.
The variance will not be substantially detrimental to adjacent properties and will not materially impair the purpose of this chapter or the public interest and the character of a district will not be changed by the granting of the variance.
No variance shall exceed the minimum adjustment necessary to relieve the hardship imposed by the literal enforcement of this chapter.
Members:
Amy Snyder, Chair
Peggy Dymond
Rob Armstrong
Amy Lindecamp
Janine Antoshak
Questions about the Board of Appeals
For questions, please reach out Stefani Spector, Senior Planner at [email protected] or 410-272-1600 ext. 220.