Board of Administrative Appeals
The Board of Administrative Appeals hears appeals from decisions of the Director of the Department Permitting, Inspections and Enforcement, the Fire Marshall, the Chief Housing Inspector, the Clean Lot Inspector, the Licensing Officer, the Chief Building Inspector, the Director of the Department of Public Works and Transportation, and from similar administrative agency decisions/determinations. The typical types of administrative appeals filed are from denials of building permits and orders such as, to install fire sprinklers, remove litter and demolish unsafe structures.
Appeals are heard on the record or de novo depending on which subtitle and division of the County Code from which the determination being appealed emanated. The Board must reach its decisions in accordance with requirements specified in the various sections of the County Code. Section 2-126 of the Code states that the Board may, in conformance with the law, reverse, affirm, or modify, wholly or in part, any decision from which an appeal is taken.
As the Board of Zoning Appeals, the Board is empowered to grant variances when unusual hardships will be caused to property owners by the strict interpretation of the Zoning Ordinance; review actions and decisions of the Zoning Enforcement Officer, grant extensions of the grace period for the correction or cessation of certain zoning violations; and review the determinations and decisions of the Maryland-National Capital Park and Planning Commission (M-NCPPC), the Department of Permitting, Inspections and Enforcement (DPIE), and other County departments and agencies relating to provisions of the Zoning Ordinance. Examples of the types of decisions include variances from setback requirements for construction of building additions, decks and garages; variances from maximum lot coverage requirements; and extension of grace periods to correct certain zoning violations.
Appeals heard by the Board of Zoning Appeals fall into two categories:
· Variances (See Variance Section)
· Other Zoning Appeals
Appeals to the Board of Zoning Appeals that are not variance requests are termed "Other Zoning Appeals". Such as not having a valid Use and Occupancy or any violation notice cited under the Zoning Ordinance (Subtitle 27).