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(a) Appeals to the Board may be made by any person, Board, association, corporation or official allegedly aggrieved by the grant or refusal of a building or use and occupancy permit or by any other administrative decision based or claimed to be based, in whole or in part, upon this chapter, including the zoning map.
(b) Any appeal relative to a variance or any administrative appeal may be filed with the Board only after refusal of issuance or revocation of a building or use-and-occupancy permit by the Department or after the issuance of a permit in cases where it is alleged that such permit has been issued erroneously.
(c) Appeals must be made on forms provided for that purpose, and all information required on such forms must be furnished by the appellant. Forms must be filed with the clerk to the Board, and the appellant must pay the clerk for expenses incidental to the appeal. No form will be accepted by the clerk unless it contains all pertinent information and is accompanied by the required fee to defray expenses.
(d) Appeals and applications filed in proper form shall be numbered serially, docketed and placed upon the calendar of the Board. The calendar of appeals to be heard must be posted conspicuously in the office of the Board during the period before such hearing date.
(e) Except as otherwise specifically provided by statute, any administrative appeals to the Board from any action, inaction, decision or order of a Department of the county government must be considered de novo.
The Department must comply with the prehearing submission requirements of chapter 2A.
(Legislative History: Ord. No. 8-61, § 5; Ord. No. 12-1, § 1; Ord. No. 13-98, § 3; Ord. No. 14-47, § 1.)
Editor’s note-The above Section is quoted in part in National Institutes of Health Federal Credit Union v. Hawk, 47 Md.App. 189, 422 A.2d 55 (1980). Section 59-A-4.3 [formerly § 111-32(c)] is cited and quoted in part in Sterling Homes Corp. v. Anne Arundel County, 116 Md.App. 206, 695 A.2d 1238 (1997), discussing Pemberton v. Montgomery County, 275 Md. 363, 340 A.2d 240 (1975); and is interpreted and quoted in Pemberton v. Montgomery County, 275 Md. 363, 340 A.2d 240 (1975). Section 59-A-4.3 [formerly § 111-32] is cited in Prince George’s County v. Sunrise Development Limited Partnership, 330 Md. 297, 623 A.2d 1296 (1993), discussing Pemberton. Section 59-A-4.3 [formerly § 04-24] is cited in Maryland-National Capital Park and Planning Commission v. Silkor Development Corporation, 246 Md. 516, 229 A.2d 135 (1967). Sections 59-A-4.3(a) and 59-A-4.3(e) are quoted in National Institutes of Health Federal Credit Union v. Hawk, 47 Md.App. 189, 422 A.2d 55 (1980).
(a) Requirement. The Board or the Hearing Examiner must hold a public hearing on any petition for the grant of a special exception or variance and on any other matter as is provided for by this Chapter or by the Board's Rules of Procedure.
(b) Scheduling.
(1) The hearing in the case of any petition for grant of special exception must be held not sooner than 60 days following the mailing of the notice of the filing of the petition pursuant to Paragraph (a) of section 59-A-4.46. In the case of any other matter within the Board's purview such hearing may be held not sooner than 30 days after the notice is mailed.
The Board, with an affirmative vote of at least 3 members, may reduce the notice period required for public hearing on a petition for a variance or special exception, or on an appeal from an administrative action if:
(A) the Board finds that an emergency poses an immediate threat to the public health, safety, convenience, welfare or necessity; or
(B) a delay would impose an unusual individual or community hardship.
In a situation in which a property owner holds a valid building permit to construct a single-family or townhouse structure in a new residential subdivision and an error committed or discovered during the course of construction on the site results in a violation of the specified setback requirements in the zone in which the property is located, and the variance required to overcome this error would involve less than 10 percent of the particular setback requirement which had been violated, the Board may, in response to a written request by the property owner, and by unanimous vote of the members present, hear the appellant's appeal for a variance at the first regularly-scheduled Board of Appeals public hearing following the posting of the property in accordance with the requirements of section 59-A-4.43. The appellant is required to file all documents and information required by section 59-A-4.23.
(2) A hearing on a petition for a special exception filed in the case of a registered home occupation or home health practitioner's office found to be in violation of section 59-A-6.1 must be scheduled within 30 days, or as soon thereafter as the Hearing Examiner's calendar permits. The Hearing Examiner does not have authority to grant to the applicant any extension of the hearing in such a case.
Editor's note—Section 59-A-4.41was cited in Renzi v. Connelly School of the Holy Child, 2000 WL 1144595 (filed August 14, 2000).
The Board must prepare, on or before the 15th day of each month, a calendar of the cases scheduled to be heard for the following month or months and must make such calendar available by mail to newspapers published and in general circulation in the county and to such individuals or organizations that request regular distribution.
(a) Except as provided in section 59-A-4.41(b)(2), within 3 days after the filing of a petition for a special exception or variance, the applicant must erect a sign, furnished by the Board or the Hearing Examiner, on the subject property within 10 feet of the boundary line of each public road which abuts the property and, if no public road abuts the property, then facing in a manner most readily visible to the public. If the land does not abut a public road, then in addition to a sign placed on the property, a sign must be placed within 10 feet of the right-of-way of the nearest most traveled public road. However, if the owner of the property abutting the nearest most traveled public road does not permit the posting of the sign, and the applicant files an affidavit stating that fact, then a sign must be posted as the Board or Hearing Examiner directs.
(b) The sign must be erected so that the bottom of the sign is at least 2 ½ feet from the ground. The sign must be of such material and color or colors as the Board or Department specifies, with the height and width of not less than 2 and 3 feet, respectively, and must contain in conspicuous lettering not less than 4 inches in height, the telephone number of the Board and the words:
SPECIAL EXCEPTION PENDING FOR
(1)
_____________________________________
BOARD OF APPEALS HEARING CASE NO.
(2) _____________________________________
(PENDING)
VARIANCE PENDING FOR
(1) _____________________________________
BOARD OF APPEALS HEARING CASE NO.
(2) _____________________________________
(PENDING)
The blank no. (1) must be filled in with the specific request for either a special exception or variance as specified in the application. The blank no. (2) must be filled in by the assigned case number. If the subject property lies within more than one block as shown on a deed or plat recorded in the land records of the County, then a sign must be erected by the applicant on the land in each such block. At the hearing, it is the duty of the applicant to certify by affidavit that the provisions of this section have been complied with and the sign or other posting has been continuously maintained up to the time of hearing.
(c) It is unlawful for any person, except the applicant or the Department or an authorized agent of either, to remove or tamper with any sign during the period it is required to be maintained under this section.
(d) Additional requirements regarding such signs, including deposits for signs, refunds of deposits and removal of signs, must be as specified by the Board in its rules of procedure.
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