§ 21.08.040. Board of Appeals.

A.

Establishment. The Board of Appeals is established pursuant to and has the authority to execute all of the powers granted to Boards of Appeals by the Land Use Article of the Annotated Code of Maryland as may be amended from time to time.

B.

Membership. The Board of Appeals shall consist of five members who shall be residents and registered voters of the City of Annapolis and who shall serve without compensation. The regular members and one alternate member shall be appointed by the Mayor and confirmed by the City Council and be removable for cause, upon written charges, and after public hearing. When an alternate member is absent, the Mayor with the confirmation of the City Council may designate a temporary alternate.

C.

Term. The term of office of each member of the Board of Appeals shall be for three years, as provided in the Land Use Article of the Annotated Code of Maryland as may be amended from time to time. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

D.

Rules. The Board of Appeals shall adopt rules in accordance with the provisions of this section and in accordance with the provisions of the Land Use Article of the Annotated Code of Maryland as may be amended from time to time. The Board shall adopt and amend rules as follows:

1.

After a public session to consider the proposed rules or amendments, the Board shall adopt and periodically amend rules of practice and procedure.

2.

The Board shall give reasonable notice of the date, time, and place of the public session and the category of rule or amendment to be considered at the session.

3.

After approval by the Board, the rules of the Board of Appeals shall be published and shall be available to the public through the Department of Planning and Zoning.

E.

Duties. The Board of Appeals shall have the following powers and duties:

1.

To hear and decide appeals, pursuant to the provisions of Zoning Code Chapter 21.30 where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or body in the enforcement of: (a) this Zoning Code; or (b) any ordinance adopted pursuant to this Zoning Code.

2.

To hear and decide applications for special exceptions pursuant to Chapter 21.26 of this Zoning Code.

3.

To hear and decide applications for variances from the terms of this Zoning Code, pursuant to the provisions of Chapter 21.28 and from the terms of Title 20 - Subdivisions, pursuant to the provisions of Chapter 20.32.

4.

To hear and decide applications for zoning district boundary adjustments pursuant to the provisions of Zoning Code Chapter 21.20.

5.

To hear and decide applications for physical alteration of a nonconforming use pursuant to the provisions of Chapter 21.68.

6.

To hear and decide all matters referred to it or upon which it is required to decide by this Zoning Code, and as prescribed by the Land Use Article of the Annotated Code of Maryland as may be amended from time to time.

7.

The Board of Appeals shall provide written findings for every application decision under this title. The application shall be approved only if the majority of the members of the Board of Appeals each find that all of the necessary review criteria have been met.

8.

For applications under Section 21.08.040(E)2.—4. of this title, the Board of Appeals shall grant or deny applications based on whether they satisfy all the standards imposed by this Code. The Board may consider each standard individually but shall only vote on the application as a whole.

F.

Meetings. The meetings of the Board of Appeals shall be held at the call of the chair and at other time determined by the Board. The Board shall provide public notice of any meeting by publication in at least one newspaper of general circulation in the City not less than fifteen days prior to the meeting. The chair or the acting chair may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall make a transcript of all proceedings, showing the vote of each member on each question, or the member's absence or failure to vote. The board shall immediately file the transcript of its proceedings in the Office of Planning and Zoning. Each transcript shall be a public record. If a recording or a transcript of a recording is not prepared in the normal course of the Board's proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

(Ord. O-35-06 § 1, 2006: Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-33-10 Amended, §§ II, V, 12-20-2010; Ord. No. O-33-10 Amended, § IV, 12-20-2010, eff. 10-1-2011; Ord. No. O-31-11 Amended, § I, 2-13-2012; Ord. No. O-21-12 Amended, § II, 6-18-2012; Ord. No. O-7-12 Amended, § I, 7-9-2012; Ord. No. O-28-13, § I, 10-28-2013)