§ 5.0. Powers of the Board.  


Latest version.
  • In fulfilling its legislative mandate the Board may exercise the following powers:
    (a) hold conferences with parties and/or their legal representatives to clarify issues and expedite full and fair handling of a case;
    (b) on motion by any party, or by the Board, dispose of procedural requests, including but not limited to the following motions: to amend, to consolidate applications or petitions, or to reopen the record of any case in order to receive additional evidence or information;
    (c) on motion by any party, or by the Board, introduce into the record documentary or other evidence, provided that all parties are given reasonable notice;
    (d) ask parties to submit proposed findings of fact and memoranda of law;
    (e) require parties to provide additional information about the application;
    (f) waive minor procedural defects or errors that do not affect substantive rights of the parties in order to proceed on the merits;
    (g) on motion by any party, or by the Board, dismiss any issue in a case if it determines that (1) the Board lacks jurisdiction to hear the issue, or (2) there is no genuine issue of material fact to be resolved and dismissal or other relief should be rendered;
    (h) take any other action necessary to carry out the intent of the Zoning Ordinance;
    (i) exercise all other powers included in section 2A-8(h)(1)-(16) of the County Code; and
    (j) visit the site which is the subject of a Board proceeding.
    Editor’s note-Rule 5.0 is quoted and applied in Concerned Citizens of Great Falls v. Constellation- Potomac, 122 Md. App. 700, 716 A.2d 353 (1998).