Baltimore City Code, Article 32, § 19-301 Administrative appeals.
§ 19-301. Administrative appeals.
(a) Who may appeal.
A decision of the Zoning Administrator, including the issuance of a violation notice under Subtitle 2 {“Enforcement”} of this title, may be appealed to the Board of Municipal and Zoning Appeals by:
(1) any person aggrieved by the decision; or
(2) any officer or department, board, bureau, or other unit of the City affected by the decision.
(b) When and how taken.
(1) The notice of appeal must be filed as follows:
(i) in the case of a violation notice, within 10 days of the date the notice was served; and
(ii) in the case of any other decision, within 10 days of the date on which notice of the decision was given.
(2) The notice of appeal must:
(i) be filed with the Zoning Administrator, in the form that the rules of the Board of Municipal and Zoning Appeals require; and
(ii) specify the grounds for the appeal.
(3) Once the Zoning Administrator determines the notice of appeal is timely and complete, the Zoning Administrator must transmit the notice to the Board of Municipal and Zoning Appeals, together with all information that constitutes the record of the action appealed from.
(c) Stay of proceedings.
(1) If the appeal is timely filed and pursued, an appeal to the Board of Municipal and Zoning Appeals stays all proceedings in furtherance of the action appealed from, except as provided in paragraph (2) of this subsection.
(2) If the Zoning Administrator certifies to the Board of Municipal and Zoning Appeals that, by reason of facts stated in the certification, a stay would, in his or her opinion, cause imminent peril to life or property or is not justified by any material fact, the proceedings are not stayed, unless otherwise ordered by the Board of Municipal and Zoning Appeals or, on application to a court of competent jurisdiction, with notice to the Zoning Administrator, by the court on good cause shown.
(d) Decision of Board.
(1) Within 30 days of the public hearing, the Board of Municipal and Zoning Appeals must render its decision in writing, setting forth its findings of fact and conclusions of law. If, however, the Board of Municipal and Zoning Appeals determines that additional time is needed to render a decision, the Board may, on written notice to the parties, extend the time for an additional 30 days.
(2) In exercising its powers of review, the Board of Municipal and Zoning Appeals may:
(i) reverse or affirm, wholly or in part, or modify the decision appealed from; and
(ii) make any order, requirement, decision, or determination as ought to be made in accordance with this Code.
(3) For these purposes, the Board of Municipal and Zoning Appeals has all the powers conferred by this Code on the Zoning Administrator.
(Ord. 18-136; Ord. 17-015; Ord. 16-581.)