§ 27-231. Procedures.

(a)

In general.

(1)

Before making its decision on any appeal, or a request to grant additional time to cease a violation, the Board shall hold a public hearing on the matter.

(b)

Filing requirements.

(1)

Appeals may be made by any person (known in this Division as the "appellant") who alleges that he is aggrieved by the refusal of a permit, by the issuance of a zoning violation notice, or other decision made in administering this Subtitle, except for a civil citation issued in accordance with Subtitle 28 of this Code. The appellant shall notify the Board of the appeal within five (5) business days after the refusal of the permit, issuance of the notice, or other decision. For purposes of this subsection, "issuance of a zoning violation" means the earlier of the date of posting, the date of personal service, or if mailed, the date that the notice was postmarked.

(2)

Appeals involving a variance shall be filed with the Board only after the Department of Permitting, Inspections, and Enforcement refuses to issue a building or use and occupancy permit, or after it is alleged that the permit has been issued in error. The Board may waive this requirement and allow the filing of the appeal prior to any action on the permit.

(3)

Appeals and requests to grant additional time to cease a violation shall be made on the forms provided by the Board. All information required on the forms shall be furnished by the appellant. The forms shall be filed with the Clerk of the Board. The Clerk shall not accept any form which is incomplete.

(4)

Appeals and requests to grant additional time to cease a violation shall be numbered sequentially, docketed, and scheduled to be heard by the Board. The schedule shall be posted conspicuously in the office of the Board at least seven (7) days prior to the hearing date.

(c)

Fees.

(1)

The appellant shall pay the Clerk of the Board all expenses of the appeal, including the cost estimated by the Clerk for sending notices and advertising. An application fee shall also be paid to the Clerk in accordance with the fee schedule of Section 27-125.02. A separate fee for the cost of public notice signs shall be paid to the Maryland-National Capital Park and Planning Commission in accordance with the fee schedule of Section 27-125.02. The fees are nonrefundable unless (upon request of the appellant) the Board finds that the fee was paid by mistake. All fees must be paid at the time of filing, except as provided.

(2)

In lieu of the fee the appellant may submit an affidavit claiming that payment of the fee would be an extreme financial hardship. The hardship may only be claimed by a natural person. The affidavit shall contain the information required by the County Director of Finance and any other pertinent facts which the appellant feels are necessary.

(3)

Upon filing the affidavit, the Clerk shall transmit it to the Director of Finance (or his designee) who shall (within ten (10) working days) determine whether payment of the fee is an extreme financial hardship on the appellant. Should the Director find that hardship does not exist, the appellant shall be required to pay the fees before the appeal may be heard by the Board.

(d)

Notice of public hearing.

(1)

At least fifteen (15) days notice of the date, time and place of the hearing shall be sent by certified mail to the appellant, to the agency whose decision is the subject of the appeal, and to the owners of abutting property (including those properties directly across a street, alley, or stream).

(2)

In the case of a request to grant additional time to cease a violation, notice shall also be sent to the Zoning Enforcement Officer who shall also notify all persons who have made written or oral complaints concerning the violation.

(3)

When the property is located within the boundaries of an incorporated municipality, notice of the time and place of the hearing shall be sent to the municipality at least fifteen (15) days prior to the date of the hearing. The municipality may waive the fifteen (15) day period for either all appeals or any one appeal.

(4)

The Board may send notice of the hearing to other interested persons, organizations, or agencies.

(5)

All notices shall contain:

(A)

The name of the appellant;

(B)

The date, time, and place of the hearing; and

(C)

A brief statement describing the specific nature of the appeal.

(6)

The Board may require additional notice of hearings by at least one (1) advertisement in the three (3) County newspapers of record. The advertisement shall appear not less than five (5) days prior to the date of the hearing and shall contain the same information as is required in the written notices. The cost of the advertisement shall be paid by the appellant.

(7)

Except for appeals not involving variances in a Residential Zone, the appellant shall post the property with a durable sign at least fifteen (15) days prior to the scheduled hearing date. The sign shall be provided by the Board of Zoning Appeals and posted in accordance with Section 27-125.03(a).

(8)

All signs posted shall be conspicuous and legible for at least fifteen (15) days prior to the hearing.

(9)

The appellant shall file an affidavit with the Board of Zoning Appeals stating that the required sign(s) was posted on the property in accordance with the procedures of this Subsection, and that the sign remained on the property for the fifteen (15) consecutive days preceding the hearing.

(10)

Notices of variance requests from Chesapeake Bay Critical Area Overlay Zone requirements concerning property within the Chesapeake Bay Critical Area Overlay Zones shall be heard and, as appropriate, approved by the Planning Board.

(11)

Notices of variance requests concerning requirements applicable to cluster developments provided for in Section 27-229(b)(27) shall be sent to the Development Review Division of the Planning Department for review and comment within five (5) days of filing with the Board of Zoning Appeals.

(e)

Rules of procedure for hearings and other meetings.

(1)

The Board may adopt rules of procedure consistent with the provisions of this Subtitle.

(2)

The Board shall keep minutes of its proceedings.

(3)

Hearings may be adjourned and continued. If the date, time, and place of the continued hearing is publicly announced at the time of the adjournment, no further notice of the continuation shall be required. If the date, time, and place is not publicly announced at the time of the adjournment, notice shall be given in the same manner as with the original hearing.

(4)

All actions of the Board shall be taken by resolution, in which at least two (2) members must concur. Each resolution shall contain a statement of the grounds and findings forming the basis of the action. The text of the resolution and record of members' votes shall be incorporated into the minutes or other records of the Board.

(CB-31-1990; CB-7-1993; CB-52-1996; CB-14-1998; CB-41-2002; CB-1-2004; CB-56-2008; CB-20-2009; CB-76-2010; CB-29-2014)