Section 4-303 – Meetings; Compensation
(a) (1) The meetings of a board of appeals shall be held at the call of the chair and at other times determined by the board. (2) The chair of a board of appeals or the acting chair may administer oaths and compel the attendance of witnesses. (3) All meetings of a board of appeals shall be open to […]
Section 4-304 – Miscellaneous Duties
(a) A board of appeals shall adopt rules in accordance with any local law adopted under this division. (b) A member of a board of appeals shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest. (c) (1) (i) A board of […]
Section 4-305 – Powers — Appeals; Special Exceptions; Variances
A board of appeals may: (1) hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer or unit under this division or of any local law adopted under this division; (2) hear and decide special exceptions to the terms of a local […]
Section 4-306 – Appeal — Procedures
(a) An appeal to the board of appeals may be filed by: (1) a person aggrieved by a decision of the administrative officer or unit; or (2) an officer or unit of the jurisdiction affected by a decision of the administrative officer or unit. (b) A person shall file an appeal within a reasonable time provided by the rules […]
Section 4-401 – Procedure
(a) Any of the following persons may file a request for judicial review of a decision of a board of appeals or a zoning action of a legislative body by the circuit court of the county: (1) a person aggrieved by the decision or action; (2) a taxpayer; or (3) an officer or unit of the local jurisdiction. (b) The […]
Section 4-402 – Manner of Review; Additional Evidence
(a) Except as provided in subsection (b) of this section, the circuit court shall review the decision of a board of appeals or a hearing examiner under this subtitle on the record transmitted by the board of appeals or hearing examiner, and not de novo. (b) (1) If, after a hearing, the circuit court determines that testimony is […]
Section 4-403 – Costs
The circuit court may not allow an award of costs against the board of appeals unless it appears to the court that the board, in making the decision that is the subject of the judicial review, acted: (1) with gross negligence; (2) in bad faith; or (3) with malice.
Section 4-208 – Exceptions — Maryland Accessibility Code
A legislative body shall provide for exceptions to the zoning law when necessary to bring an existing parking lot into compliance with the requirements for parking spaces for individuals with disabilities and the van–accessible parking ratio requirement of the Maryland Accessibility Code adopted under § 12–202 of the Public Safety Article.
Section 4-209 – Hearing Examiners
(a) A legislative body may appoint full– and part–time hearing examiners that it considers necessary and appropriate. (b) (1) A legislative body may delegate to a hearing examiner the power to conduct a public hearing under §§ 4–204 and 4–205 of this subtitle. (2) A hearing shall be conducted under rules the legislative body adopts. (c) A hearing examiner shall […]
Section 4-101 – Statement of Policy
(a) It is the policy of the State that: (1) the orderly development and use of land and structures requires comprehensive regulation through the implementation of planning and zoning controls; and (2) planning and zoning controls shall be implemented by local government. (b) To achieve the public purposes of this regulatory scheme, it is the policy of the General […]