Title 3
Outline of Code Administration
Subtitle 1
Purpose of Title
§ 3-101. Purpose.
(a) In general.
The purpose of this title is to outline the specific powers and duties of the different administrative bodies and officials who implement this Code.
(b) Conflicts with Title 4 or Title 5.
In the case of any conflict between this title and Title 4 {"Development Reviews"} or Title 5 {"Applications and Authorizations"} of this Code, the provisions of Titles 4 and 5 control.
Subtitle 2
Administrative Agencies and Officials
§ 3-201. Zoning Administrator.
(a) Office established.
(1) There is an Office of Zoning Administrator, constituted as an independent unit of the Department of Housing and Community Development.
(2) The Zoning Administrator is the executive head of the Office.
(3) Employees of the Office may be appointed as authorized by the Ordinance of Estimates.
(b) Powers and duties – In general.
The Zoning Administrator administers and enforces this Code.
(c) Powers and duties – Specific.
The Zoning Administrator has the following powers and duties under this Code:
(1) to determine whether a variance is a major or minor variance (Title 5, Subtitle 3);
(2) to grant minor variances (Title 5, Subtitle 3);
(3) to authorize use permits (Title 5, Subtitle 7);
(4) to provide zoning consultations (Title 5, Subtitle 8);
(5) to issue zoning verifications (Title 5, Subtitle 9);
(6) to inspect structures and uses of land to determine compliance with this Code and, where violations are found, initiate action to secure compliance;
(7) to preserve all records from the administration of the zoning law since its enactment by Ordinance 31-1247;
(8) to maintain permanent records of this Code and of all actions taken under it, including:
(i) all maps adopted under this Code; and
(ii) all amendments to this Code and to the maps adopted under it;
(iii) the rules and regulations of the Board of Municipal and Zoning Appeals;
(iv) applications for and approvals of conditional uses and variances; and
(v) appeals taken under this Code;
(9) to provide and maintain a public information service on matters arising out of this Code;
(10) Where reasonable, necessary, and not a fundamental alteration of this Code, to provide reasonable accommodation in the application of this Code for the siting, development, and use of housing or services for an individual protected under the Federal Americans with Disabilities Act or the Federal Fair Housing Amendments Act;
(11) to receive, file, review, maintain copies of, and forward to the Board of Municipal and Zoning Appeals applications for conditional uses, variances, appeals, and other matters on which the Board is required to act;
(12) to perform completeness review of applications (§ 5-202);
(13) with the approval of the Board of Estimates, to set fees for processing applications, issuing permits and other authorizations, and performing the various other functions required or authorized by this Code; and
(14) to perform all other functions assigned to the Zoning Administrator by this Code.
§ 3-202. Board of Municipal and Zoning Appeals.
(a) Board established.
There is a Board of Municipal and Zoning Appeals, as established in City Charter Article VII, § 82.
(b) Powers and duties.
In addition to the powers and duties specified in City Charter Article VII, §§ 83 through 89 and in State law, the Board of Municipal and Zoning Appeals has the following powers and duties under this Code:
(1) to grant major variances (Title 5, Subtitle 3);
(2) to grant conditional use authorizations (Title 5, Subtitle 4);
(3) to hear appeals from decisions of the Zoning Administrator;
(4) with the approval of the Board of Estimates, to set fees for filing and hearing appeals, granting variances, and for the various other functions required or authorized by this Code;
(5) to perform all other functions assigned to the Board by this Code;
(6) to authorize accessory uses as long as they meet the standards for "accessory use", as defined in § 1-302(c) of this article; and
(7) to authorize uses not otherwise listed in this Code, subject to § 1-217 of this article.
(c) Rules and Regulations.
Subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, the Board of Municipal and Zoning Appeals may adopt rules and regulations:
(1) for the conduct of its practices and procedures; and
(2) as otherwise directed or authorized in this Code.
(d) Copies of all matters to Administrator.
The Board of Municipal and Zoning Appeals must provide the Zoning Administrator with copies of all matters acted on by the Board, including:
(1) all orders, requirements, decisions, determinations, rules, and regulations; and
(2) all other information necessary for the proper administration and enforcement of this Code.
(e) Meetings.
Meetings of the Board of Municipal and Zoning Appeals are held:
(1) at the call of the chair; and
(2) at any other time that the Board determines by general rule.
(f) Public hearings – Open to public.
All hearings of the Board of Municipal and Zoning Appeals under this Code must be open to the public.
(g) Public hearings – Scheduling, notices, decision.
The Board of Municipal and Zoning Appeals must:
(1) fix a reasonable time and place for the public hearing of an application, appeal, or other matter;
(2) give public notice of the hearing in accordance with Title 5 of this Code; and
(3) require the applicant, appellant, or other person initiating the hearing to post the subject property with a notice of the time, place, and purpose of the hearing, as follows:
(i) for a hearing on a variance or conditional use, as provided in § 5-602 {"BMZA – Major variances; conditional uses} of this Code; and
(ii) in all other cases, at least 21 days before the hearing.
(h) Public hearings – Oaths and witnesses.
The chair or acting chair of the Board of Municipal and Zoning Appeals may administer oaths and compel the attendance of witnesses.
(i) Public hearings – Attendance by parties.
At the hearing, any party may:
(1) appear in person, by agent, or attorney; and
(2) testify as to any material facts.
(j) {Vacant}
(k) Voting – Open to public.
All voting sessions of the Board of Municipal and Zoning Appeals must be open to the public.
(l) Voting – Number of votes.
The number of votes specified in the State Land Use Article is required for the Board to:
(1) reverse any order, requirement, decision, or determination of the Zoning Administrator; or
(2) decide in favor of the applicant on any matter on which it is required to pass under this Code.
(m) {Vacant}
(n) Minutes.
The Board of Municipal and Zoning Appeals must keep minutes of all its proceedings, indicating:
(1) the members present; and
(2) on each question, how each member voted or that the member was absent or failed to vote.
§ 3-203. Planning Commission.
(a) Commission established.
There is a Planning Commission, as established in City Charter Article VII, §§ 70 and 71.
(b) Powers and duties.
In addition to the powers and duties specified in City Charter Article VII, § 72, the Planning Commission has the following powers and duties under this Code:
(1) to make recommendations on amendments to the zoning text and maps (Title 5, Subtitle 5);
(2) to make recommendations on planned unit developments (Title 13);
(3) to develop and revise from time to time a Design Manual (Title 4, Subtitle 4);
(4) to develop and revise from time to time a Landscape Manual (Title 4, Subtitle 5);
(5) unless specifically provided for otherwise, to hear appeals from the decisions of the Director of Planning on:
(i) site plan review (Title 4, Subtitle 2);
(ii) environmentally sensitive areas review (Title 4, Subtitle 3);
(iii) design review (Title 4, Subtitle 4); and
(iv) landscape review (Title 4, Subtitle 5; Landscape Manual); and
(6) with the approval of the Board of Estimates, to set fees for filing and hearing appeals and for the various other functions required or authorized by this Code;
(7) to begin the next comprehensive rezoning process by January 1, 2024, and submit a bill by June 30, 2025, and to repeat the process every 10 years; and
(8) to perform all other functions assigned to the Commission by this Code.
§ 3-204. Director of Planning.
(a) Position established.
There is a Director of Planning, as appointed under City Charter Article VII, § 73.
(b) Powers and duties.
In addition to the powers and duties specified in City Charter Article VII, §§ 74 through 80, the Director of Planning has the following powers and duties under this Code:
(1) to perform the following reviews:
(i) site plan review (Title 4, Subtitle 2);
(ii) environmentally sensitive areas review (Title 4, Subtitle 3);
(iii) design review (Title 4, Subtitle 4; Design Manual); and
(iv) landscape review (Title 4, Subtitle 5; Landscape Manual);
(2) to review and grant administrative exceptions for design review (§ 4-409);
(3) from time to time, to initiate a study of this Code, the Design Manual, and the Landscape Manual and report his or her recommendations to:
(i) the City Council;
(ii) the Board of Municipal and Zoning Appeals;
(iii) the Housing Commissioner;
(iv) the Health Commissioner;
(v) the Planning Commission; and
(vi) any others deemed appropriate; and
(4) with the approval of the Board of Estimates, to set fees for site-plan, sensitive-area, design, and landscape reviews and for the various other functions required or authorized by this Code; and
(5) to perform all other functions assigned to the Director by this Code.
§ 3-205. Commissioner of Housing and Community Development.
In addition to the powers and duties specified elsewhere in the City Code, the Commissioner of Housing and Community Development (who also serves as the Building Official) has the power and duty under this Code:
(1) to issue use permits (Title 5, Subtitle 7); and
(2) to perform all other functions assigned to the Housing Commissioner by this Code.