A legislative body shall provide for the appointment of a board of appeals. The legislative body may not serve as the board of appeals.

A board of appeals consists of at least three members. A member of a board of appeals shall be appointed by the local executive and confirmed by the legislative body. The term of office of a member of a board of appeals is 3 years. A member of a board of appeals may be removed by the local executive for: incompetence; misconduct; or in the same manner as for a member of a State board or commission: failure to attend meetings under § 8–501 of the State Government Article; or conviction of a crime in accordance with § 8–502 of the State Government Article. The local executive shall provide to the member: a written statement of charges stating the grounds for removal; and an opportunity for a public hearing to contest the charges. The appointing authority shall appoint a new member to fill the unexpired term of any member who leaves a board of appeals. A legislative body shall designate one or more alternate members for the board of appeals who may sit on the board when another member of the board is absent or recused. When an alternate member is absent or recused, the legislative body may designate a temporary alternate.

The meetings of a board of appeals shall be held at the call of the chair and at other times determined by the board. The chair of a board of appeals or the acting chair may administer oaths and compel the attendance of witnesses. All meetings of a board of appeals shall be open to the public. A member of a board of appeals may receive compensation that the legislative body considers appropriate.

A board of appeals shall adopt rules in accordance with any local law adopted under this division. A member of a board of appeals shall recuse himself or herself from participating in a matter in which the member may have a conflict of interest or an appearance of a conflict of interest. A board of appeals shall make a recording of all proceedings with a contemporaneous written record showing the vote of each member on each question or the member’s absence or failure to vote. A board of appeals shall immediately file the recording of its proceedings in the office of the board. The recording shall be a public record. If a recording or a transcript of a recording is not prepared in the normal course of the board’s proceedings, the party who requests a copy of the recording or its transcript shall pay the cost of preparing the recording or transcript.

A board of appeals may: hear and decide appeals when it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer or unit under this division or of any local law adopted under this division; hear and decide special exceptions to the terms of a local law on which the board is required to pass under the local law; and authorize on appeal in specific cases a variance from the terms of a local law.

An appeal to the board of appeals may be filed by: a person aggrieved by a decision of the administrative officer or unit; or an officer or unit of the jurisdiction affected by a decision of the administrative officer or unit. A person shall file an appeal within a reasonable time provided by the rules of the board of appeals by filing with the administrative officer or unit from whose action the appeal is taken and with the board of appeals a notice of appeal specifying the grounds of the appeal. The administrative officer or unit from whose action the appeal is taken shall transmit promptly to the board all papers constituting the record of the action appealed. Except as provided in paragraph (2) of this subsection, an appeal to a board of appeals stays all proceedings in furtherance of the action appealed. If an administrative officer or unit certifies to the board of appeals facts stated in the certificate that indicate to the administrative officer or unit that a stay would cause imminent peril to life or property, the board of appeals or the circuit court may stay the proceedings: only for good cause shown; and through issuing a restraining order after notice is given to the administrative officer or unit. A board of appeals shall: establish a reasonable time for the hearing of an appeal; give public notice of the existence of the appeal and of the hearing; give due notice to the parties in interest and to other persons entitled to notice under local law or the rules of the board of appeals; and decide the appeal within a reasonable time. At a hearing, a party may: appear in person; or be represented by an agent or attorney. A board of appeals may, in conformity with this division: wholly or partly reverse the order, requirement, or decision that is the subject of the appeal; wholly or partly affirm the order, requirement, or decision that is the subject of the appeal; modify the order, requirement, or decision that is the subject of the appeal; or issue a new order, requirement, or decision. The board of appeals shall have all the powers of the administrative officer or unit from whose action the appeal is taken.