An application for variances or special exception uses may be
made by any property owner, including a tenant, or by a governmental
officer, department, board or bureau. Such application shall be filed
with the Code Enforcement Officer or other authorized official, who
shall transmit the same to the Board.
The Board shall fix a reasonable time for the hearing of the
application or appeal and shall give at least 10 days' notice
in a newspaper of general circulation in the Town of the time and
place of such hearing to the public and to the parties in interest
and shall decide the same within a reasonable time after it is submitted.
At the hearing, any party may appear in person or by agent or attorney.
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the Code Enforcement Officer certifies to the
Board, after notice of appeal shall have been filed, that, by reason
of facts stated in the certificate, a stay would, in the Code Enforcement
Officer's opinion, cause imminent peril to life or property.
In such a case, proceedings shall not be stayed otherwise than by
a restraining order which may be granted by the Board or by the Circuit
Court of Somerset County on application after notice to the Code Enforcement
Officer and on due cause shown.
In exercising its powers, the Board may, in conformity with
the provisions of statutes and of this chapter, reverse or affirm,
wholly or partly, or may modify the order, requirement, decision or
determination appealed from and may make such order, requirement,
decision or determination as ought to be made and to that end shall
have all powers of the officer from whom the appeal is taken.
Any party adversely affected by a decision of the Board may
appeal to the Circuit Court of Somerset County in accordance with
the Maryland Rules.