(A) (1) The County Council shall appoint a Board of Appeals. The Board of Appeals shall consist of 5 members. The terms of office of the members of the Board is 3 years.
(2) They are removable for cause, upon written charges, and after public hearing. Vacancies shall be filled for the unexpired terms of any member whose term becomes vacant. Members of the Board may receive such compensation as the county deems appropriate.
(B) The County Council shall designate 1 alternate member for the Board of Appeals, who may be empowered to sit on the Board in the absence of any member of the Board; and when the alternate is absent, the County Council may designate a temporary alternate.
(C) The Board shall adopt rules in accordance with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in the Chairman's absence, the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, which shall be immediately filed in the office of the Community Development Division, and shall be a public record.
(D) The Board of Appeals shall have the following powers:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter;
(2) To hear and decide special exceptions to the terms of the chapter upon which the Board is required to pass under this chapter;
(3) To authorize upon appeal in specific cases a variance from the terms of this chapter, subject to the Board's administrative procedures;
(4) To hear and decide approval requests for activities within the FEMA floodplain (under § 1-19-9.120) and activities within danger reach areas (under § 1-19-9.220);
(5) To hear and decide approval requests for nonconforming uses (under § 1-19-4.230).
(E) Three members of the Board shall constitute a quorum for the conducting of business.
(F) All members of the Board of Appeals, including the alternate member, shall be residents of Frederick County.
(Ord. 77-1-78, § 40-90(A)-(D), 1-24-1977; Ord. 02-13-309, 6-14-2002; Ord. 02-23-319, 11-12-2002; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014; Bill No. 23-26, 1-23-2024)