A district council may adopt zoning laws that authorize the board of appeals, the district council, or an administrative office or agency designated by the district council to grant special exceptions and variances to the zoning laws on conditions that are necessary to carry out the purposes of this division. Any zoning law adopted under this subsection shall contain appropriate standards and safeguards to ensure that any special exception or variance that is granted is consistent with the general purposes and intent of the zoning laws. Subject to § 22–309 of this subtitle, an appeal from a decision of an administrative office or agency designated under this subtitle shall follow the procedure determined by the district council. The district council may authorize the board of appeals to interpret zoning maps or decide questions, such as the location of lot lines or district boundary lines, as the questions arise in the administration of zoning laws. In addition to any other notice requirement, the board of appeals, the district council, or an administrative office or agency shall provide notice of a hearing for a special exception to all parties of record, as defined in local law.

This part applies only in Montgomery County.

The district council may adopt zoning laws that provide that the affirmative vote of: at least four members of the board of appeals are required to adopt a resolution that grants, revokes, suspends, or amends a special exception or extends the time in which to implement a special exception; and a majority of the board of appeals is required to adopt a procedural motion regarding a special exception application. In exercising its authority under this subsection, the district council may enact, for any zone, different voting requirements for different uses. The decisions of the administrative office or agency may be appealed to the board of appeals or other administrative body the district council designates.

This part applies only in Prince George’s County.

There is a board of appeals in Prince George’s County. The County Council of Prince George’s County shall appoint at least three members to the board. Each member of the board shall be a resident of the regional district in Prince George’s County. The term of a member is 4 years. A member who is appointed to fill a vacancy shall serve for the rest of the term. The board each year shall elect a chair and vice–chair. All meetings of the board shall be public. The board shall keep minutes of its proceedings. The board shall act by resolution. A simple majority of the board must concur in any resolution. The board or any officer of the board may administer oaths and compel the attendance of witnesses. The district council may adopt regulations consistent with this subtitle to govern the organization and procedure of the board. The board may adopt supplemental rules of procedure consistent with this subtitle and the regulations of the district council. The County Council shall determine the compensation of the members of the board. The County Council may provide staff for the board.

Except as provided in subsection (b) of this section, the district council shall provide for the appeal of decisions of the zoning hearing examiner in special exception cases to the district council. If a special exception is contrary to the recommendation of a municipal corporation that has any portion of the property subject to the special exception in the municipal boundaries, the district council shall require a two–thirds vote of all district council members to approve the special exception.

Appeals to the board of appeals may be taken by any person aggrieved by: the grant or denial of a building permit; the grant or denial of an occupancy or use permit; or any other administrative decision based wholly or partly on a zoning law enacted by the district council. The board may: hear and decide appeals alleging an error: in a grant or denial of a building, use, or occupancy permit; in an order or a decision made by a building official or by the Commission on an application for a building or other permit; or by an administrative officer or body in the administration of any zoning law adopted under this title; in accordance with regulations adopted by the district council, hear and decide requests for: special exceptions or map interpretations; decisions on permits for extensions, substitutions, restorations, reinstatements, or reconstructions of lawful nonconforming uses; or decisions on special questions that the board of appeals is required or authorized by the zoning laws to decide; and on an appeal relating to a specific piece of property, authorize a variance from strict application of a zoning law or amendment in order to relieve difficulty or hardship if: strict application of the zoning law or amendment would result in exceptional practical difficulty for, or exceptional or undue hardship on, the owner of the property because of the exceptional shape of the property at the time of the enactment of the zoning law or amendment or because of the exceptional situation or topographical conditions of the property; and authorization of the variance will not cause a substantial impairment of the intent, purpose, and integrity of the zone as embodied in the zoning laws. Nothing in subsection (b)(1) of this section authorizes the board to reverse or modify a denial of a permit or any other order or decision that conforms to this title and the zoning laws adopted under this title. The board may not make or amend any zoning law. Before making a decision on an appeal, the board shall hold a hearing. Notice of the time and place of the hearing shall be mailed at least 7 days before the hearing to the appellant and to the owners of all properties contiguous to or opposite the subject property, measured at right angles to the intervening street or streets from the property. The board may reverse or affirm, wholly or partly, or modify the decision appealed from. The decision of the board shall be by resolution and shall include a statement of the findings of fact and conclusions that support the decision. The resolution, or a copy of it, shall form part of the minutes or other records of the board.