Filing Requirements & Scheduling
The filing of an administrative appeal with the Board must meet requirements specified within the County Code section relevant to the particular agency determination which is being appealed. County Code Section 27-3613 outlines the requirements of filing a zoning appeal with the Board. Any appellant must note an appeal within 30 days after the refusal of a permit, issuance of a notice, or other decision, unless otherwise specifically noted.
- In filing an administrative appeal, an appellant must submit to the Board a request in writing for the appeal, together with a copy of the agency determination/decision from which the appeal is being taken and the appropriate filing fees.
- In filing a zoning appeal, an appellant must submit to the Board a request in writing for the appeal, together with a copy of the agency determination/decision from which the appeal is being taken and the appropriate filing fees.
- In filing a variance, an appellant must submit to the Board the provided application. Other documents required include site plan, elevation plans, photographs, other documents requested by the Board and the appropriate filling fees.
Scheduling Appeals and variances
Appeals are scheduled for public hearing as expeditiously as possible in accordance with the requirements of the various codes and regulations. The County Code states that the Chairman of the Board of Appeals determines the time and place of all .
Notices of hearing are sent by certified mail, return receipt requested, to all parties entitled by law to receive notice of the hearings. Zoning appeals require notice 15 days prior to hearings. In variance appeals, all properties, and in zoning appeals not involving variances, properties which are zoned industrial or commercial, signs must be posted advertising public hearings for 15 days prior to the hearings.
Requests for Continuance
- Requests for continuance of a hearing should be made at least 54 hours prior to the hearing, except when emergencies occur. The validity of an emergency is determined by the Board.
- In variance cases, a continuance requested by petitioner is granted until such time as the petitioner requests that the case be brought forward for hearing.
- If a continuance is requested by another party of record in a variance case, the reason for the request is ascertained by staff and the petitioner is contacted to see if there is any objection to a postponement. If there is none, the hearing is continued until a later date.
- If the petitioner objects, the Board's Chairman is apprised of request, reason, and objection. The Chairman will then make a decision as to the request for continuance.
- In all other appeals, the County is contacted as to whether it objects and, if so, the Chairman decides whether the request is granted.
Appealing a Board Decision
Within 30 days from the date of the issuance of any decision of the Board of Appeals, any person, firm, corporation, or governmental agency who was a party to the Board's proceedings and is aggrieved by its decision may file an appeal to the Circuit Court of Prince George's County pursuant to Title 7, Chapter 200 of the Maryland Rules of Procedure.