(a) Generally. A person aggrieved by a decision of the Administrative Hearing Officer who was a party to the proceedings may appeal the decision to the Board of Appeals, except that a person who meets the threshold standing requirements under federal law has standing to appeal a decision of the Administrative Hearing Officer granting or denying a critical area variance for development in the buffer to the Board of Appeals.
(b) Appeals from decisions of Administrative Hearing Officer. The right of appeal to the Board of Appeals from a decision of the Administrative Hearing Officer is granted to the Planning and Zoning Officer and is not limited to cases in which the County has an interest in the land subject to the decision of the Administrative Hearing Officer notwithstanding lack of a personal or property right adversely affected by the decision of the Administrative Hearing Officer.
(c) Other appeals. Other appeals to the Board of Appeals as set forth in § 602 of the Charter may be taken by a person aggrieved by, or an officer, department, board, commission, or agency of the County affected by, any decision of an officer or an employee of the executive branch of the County government.
(d) Board of Appeals; panel. In appeals other than appeals from a decision of the Administrative Hearing Officer granting or denying an application for rezoning or for a critical area reclassification, the Board of Appeals may sit in panels of less than six members.
(e) Appeals to Circuit Court of critical area variance decisions. A person who meets the threshold standing requirements under federal law has standing to file a petition in the Circuit Court for Anne Arundel County for judicial review of a decision of the Board of Appeals granting or denying a critical area variance for development in the buffer.
(1985 Code, Art. 3, § 1-104) (Bill No. 13-89; Bill No. 66-91; Bill No. 10-98; Bill No. 4-05; Bill No. 67-08; Bill No. 93-12; Bill No. 76-13)