§ 3-202. Board of Municipal and Zoning Appeals.

(a) Board established.

There is a Board of Municipal and Zoning Appeals, as established in City Charter Article VII, § 82.

(b) Powers and duties.

In addition to the powers and duties specified in City Charter Article VII, §§ 83 through 89 and in State law, the Board of Municipal and Zoning Appeals has the following powers and duties under this Code:

(1) to grant major variances (Title 5, Subtitle 3);

(2) to grant conditional use authorizations (Title 5, Subtitle 4);

(3) to hear appeals from decisions of the Zoning Administrator;

(4) with the approval of the Board of Estimates, to set fees for filing and hearing appeals, granting variances, and for the various other functions required or authorized by this Code;

(5) to perform all other functions assigned to the Board by this Code;

(6) to authorize accessory uses as long as they meet the standards for "accessory use", as defined in § 1-302(c) of this article; and

(7) to authorize uses not otherwise listed in this Code, subject to § 1-217 of this article.

Subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, the Board of Municipal and Zoning Appeals may adopt rules and regulations:

(1) for the conduct of its practices and procedures; and

(2) as otherwise directed or authorized in this Code.

(d) Copies of all matters to Administrator.

The Board of Municipal and Zoning Appeals must provide the Zoning Administrator with copies of all matters acted on by the Board, including:

(1) all orders, requirements, decisions, determinations, rules, and regulations; and

(2) all other information necessary for the proper administration and enforcement of this Code.

(e) Meetings.

Meetings of the Board of Municipal and Zoning Appeals are held:

(1) at the call of the chair; and

(2) at any other time that the Board determines by general rule.

(f) Public hearings – Open to public.

All hearings of the Board of Municipal and Zoning Appeals under this Code must be open to the public.

(g) Public hearings – Scheduling, notices, decision.

The Board of Municipal and Zoning Appeals must:

(1) fix a reasonable time and place for the public hearing of an application, appeal, or other matter;

(2) give public notice of the hearing in accordance with Title 5 of this Code; and

(3) require the applicant, appellant, or other person initiating the hearing to post the subject property with a notice of the time, place, and purpose of the hearing, as follows:

(i) for a hearing on a variance or conditional use, as provided in § 5-602 {"BMZA – Major variances; conditional uses} of this Code; and

(ii) in all other cases, at least 21 days before the hearing.

(h) Public hearings – Oaths and witnesses.

The chair or acting chair of the Board of Municipal and Zoning Appeals may administer oaths and compel the attendance of witnesses.

(i) Public hearings – Attendance by parties.

At the hearing, any party may:

(1) appear in person, by agent, or attorney; and

(2) testify as to any material facts.

(j) {Vacant}

(k) Voting – Open to public.

All voting sessions of the Board of Municipal and Zoning Appeals must be open to the public.

(l) Voting – Number of votes.

The number of votes specified in the State Land Use Article is required for the Board to:

(1) reverse any order, requirement, decision, or determination of the Zoning Administrator; or

(2) decide in favor of the applicant on any matter on which it is required to pass under this Code.

(m) {Vacant}

(n) Minutes.

The Board of Municipal and Zoning Appeals must keep minutes of all its proceedings, indicating:

(1) the members present; and

(2) on each question, how each member voted or that the member was absent or failed to vote.