Maryland Maryland-National Capital Park and Planning Commission Section 8-111

      (a)      Appeals to the board of zoning appeals of Prince George's County may be taken by any person, board, association, corporation, or official aggrieved by the grant or refusal of a building permit or the grant or withholding of an occupancy or use permit or any other administrative decision based or claimed to be based in whole or part upon any zoning regulation or map enacted by the district council of that county.

      (b)      Upon appeals, the board of zoning appeals has the following powers:

            (1)      To hear and decide appeals where it is alleged by the appellant that there is error in any refusal of a building, use, or occupancy permit or in any other order, requirement, decision, or determination made by a building official or by the Commission when passing upon an application for a building or other permit or by any other administrative officer or body in the administration of any zoning regulation enacted pursuant to this title. Nothing contained in this paragraph shall authorize the board of zoning appeals to reverse or modify any refusal of a permit or any other order, requirement, decision, or determination which conforms to the provisions of this title and the regulations made under this title and which, therefore, was not erroneous.

            (2)      To hear and decide, in accordance with the provisions of the regulations enacted by the district council, requests for special exceptions or map interpretations or for decisions upon permits for extensions, substitutions, restorations, reinstatements, or reconstructions of lawful nonconforming uses or other special questions upon which the board of zoning appeals is required or authorized by the zoning regulations to pass.

            (3)      If the strict application of the regulation or amendment would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of the property, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original enactment of a regulation or amendment or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve the difficulty or hardship, provided relief can be granted without a substantial impairment of the intent, purpose, and integrity of the zone as embodied in the zoning regulations and maps.

      (c)      The board of zoning appeals may not make or amend any regulation or map.

      (d)      In exercising its powers the board of zoning appeals, in conformity with the provisions of this title and the zoning regulations, may reverse or affirm, wholly or partly, or may modify the decision appealed from. Before making its decision, the board of zoning appeals shall hold a hearing upon the appeal, notice of the time and place of which shall be sent by mail to the appellant and to the owners of all properties contiguous to or opposite the property affected measured at right angles to the intervening street or streets from the property of the appellant, which notice shall be mailed not less than seven days previous to the time fixed for the hearing.

      (e)      The action or decision of the board of zoning appeals shall be by resolution, which shall contain a statement of the grounds of its action or decision and which, or a copy of which, shall form part of the minutes or other records of the board.