Maryland Land Use Section 6.02

      (a)      Except as provided in subsection (b) of this section, after recording a street plat approved by the local legislative body under § 6.01 of this subtitle, a local jurisdiction may not issue a permit to develop any part of the land between the lines of a proposed street as platted.

      (b)      (1)      The board of zoning appeals of the local jurisdiction where a platted street is located, or a special board of appeals created for the purpose by the local legislative body, may grant a permit to develop a platted street:

                  (i)      On an appeal filed by the owner of the land on which the street is located; and

                  (ii)      By a vote of a majority of the members of the board of zoning appeals or the special board of appeals.

            (2)      In order to grant a permit for development, the board of zoning appeals or the special board of appeals must find, from the evidence and arguments presented on appeal, that:

                  (i)      The entire property of the appellant, of which the reserved street location forms a part, cannot yield a reasonable return to the owner unless the permit is granted; and

                  (ii)      After balancing the interest of the local jurisdiction in preserving the integrity of the street plat and the municipal plan and the interest of the owner of the property in the use of the property and in the benefits of property ownership, the grant of the permit is required by reasonable justice and equity.

            (3)      (i)      Before taking action, the board of zoning appeals or the special board of appeals shall hold a hearing at which the parties in interest shall have an opportunity to be heard.

                  (ii)      At least 15 days before the hearing, the board of zoning appeals or the special board of appeals shall:

                        1.      Mail to the appellant, at the address specified in the appeal petition, notice of the time and place of the hearing; and

                        2.      Publish a notice of the hearing in a newspaper of general circulation in the local jurisdiction.

            (4)      (i)      If the board of zoning appeals or the special board of appeals grants a development permit, the board of zoning appeals or the special board of appeals shall specify the exact location, ground area, height, and other details of the development for which the permit is granted.

                  (ii)      The board of zoning appeals or the special board of appeals also may impose reasonable requirements benefitting the local jurisdiction as a condition of granting the permit.