Maryland Land Use Section 2.08
§ 2.08.
(a) (1) With the advice and consent of the City Council, the Mayor may provide for the appointment of a Board of Municipal and Zoning Appeals.
(2) (i) The Board of Municipal and Zoning Appeals shall consist of five members.
(ii) 1. A member of the Board of Municipal and Zoning Appeals shall be appointed for a 4-year term.
2. The terms of the members of the Board of Municipal and Zoning Appeals shall be staggered.
(iii) The Mayor, with the advice and consent of the City Council, shall appoint a person to fill the unexpired term of any member.
(iv) On written charges and after a public hearing, the Mayor may remove any member of the Board of Municipal and Zoning Appeals for cause.
(b) (1) The Board of Municipal and Zoning Appeals shall adopt rules in accordance with any ordinance adopted under this article.
(2) Meetings of the Board of Municipal and Zoning Appeals shall be held at the call of the chairman and at other times determined by the Board.
(3) (i) The chairman of the Board of Municipal and Zoning Appeals or, in the chairman's absence, the acting chairman may administer oaths and compel the attendance of witnesses.
(ii) All meetings of the Board of Municipal and Zoning Appeals shall be open to the public.
(iii) 1. The Board of Municipal and Zoning Appeals shall keep minutes of its proceedings.
2. The minutes shall include the vote of each member on each question, or the member's absence or failure to vote.
3. The Board of Municipal and Zoning Appeals shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board.
4. The records of the Board of Municipal and Zoning Appeals shall be open to the public.
(c) (1) The Board of Municipal and Zoning Appeals may:
(i) Hear and decide appeals if it is alleged that there was an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this article or of any ordinance adopted under this article;
(ii) Hear and decide special exceptions to the terms of an ordinance on which the Board is required to act under the ordinance;
(iii) Authorize, on appeal in specific cases, a variance from the terms of an ordinance;
(iv) Approve buildings and uses limited as to location by any regulation adopted under an ordinance passed by the City Council; and
(v) Consider, when acting on a zoning application, the availability of schools and other public facilities in the area, including flood plain facilities, under regulations adopted under a city ordinance.
(2) If otherwise authorized by the general zoning ordinance of Baltimore City, this section does not prevent the Mayor and City Council of Baltimore from granting variances, special exceptions, or conditional uses by ordinance.
(d) (1) Appeals to the Board of Municipal and Zoning Appeals may be filed by:
(i) Any person aggrieved by a decision of the administrative officer; or
(ii) Any officer, department, board, or bureau of the City of Baltimore affected by any decision of the administrative officer.
(2) A person filing an appeal with the Board of Municipal and Zoning Appeals shall file the appeal within a reasonable time, as provided by the rules of the Board.
(3) (i) A person filing an appeal with the Board of Municipal and Zoning Appeals shall file with the administrative officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds for the appeal.
(ii) The administrative officer from whom the appeal is taken shall, on receiving the notice of appeal, transmit to the Board of Municipal and Zoning Appeals all papers constituting the record of the action appealed.
(e) (1) Unless, after receiving the notice of the appeal, the administrative officer from whom an appeal is taken certifies facts to the Board of Municipal and Zoning Appeals that the administrative officer believes show that a stay would cause imminent peril to life or property, an appeal stays all proceedings in the action appealed.
(2) If the administrative officer provides facts showing that a stay would cause imminent peril to life or property, the proceedings may be stayed only by a restraining order granted by the Board of Municipal and Zoning Appeals or by a court of record.
(3) A restraining order may be issued only:
(i) On application;
(ii) For good cause shown; and
(iii) After notice is given to the administrative officer from whom the appeal is taken.
(f) The Board of Municipal and Zoning Appeals shall:
(1) Fix a reasonable time for the hearing of an appeal;
(2) Give public notice and due notice to the parties in interest of the appeal; and
(3) Decide the appeal within a reasonable time.
(g) Any party may appear at an appeal in person or by an agent or attorney.
(h) (1) In exercising its powers under this section, the Board of Municipal and Zoning Appeals may, in conformity with this article:
(i) Reverse, in whole or part, the order, requirement, decision, or determination that is the subject of the appeal;
(ii) Affirm, in whole or part, the order, requirement, decision, or determination that is the subject of the appeal; or
(iii) Modify the order, requirement, decision, or determination that is the subject of the appeal.
(2) The Board of Municipal and Zoning Appeals shall have the powers of the administrative officer from whom the appeal is taken.
(i) (1) If five members of the Board of Municipal and Zoning Appeals are present, the concurring vote of at least four members is necessary to:
(i) Reverse any order, requirement, decision, or determination of an administrative officer;
(ii) Decide in favor of the applicant on any matter on which it is required to act under an ordinance; or
(iii) Effect any variation in an ordinance.
(2) If only four members of the Board are present, the concurring vote of at least three members is necessary to take any action under this subsection.
