(a) Any person aggrieved by a final action of the Commission rendered under this Article may appeal to the Circuit Court under the Maryland Rules of Procedure for judicial review of a final administrative agency decision. An appeal does not stay enforcement of the Commission’s order.
(b) Waivers and objections concerning any new accessory dwelling unit license.
(1) The applicant for a new license for an accessory dwelling unit may request a waiver of a standard to the extent allowed by Section 59.3.3.3 or object to an adverse finding of fact by the Director by filing a waiver or an objection and a request for a hearing with the Office of Zoning and Administrative Hearings.
(2) Any other aggrieved person may file an objection and request for a hearing with the Office of Zoning and Administrative Hearings by:
(A) objecting to any finding of fact by the Director; or
(B) alleging that on-street parking is inadequate.
(3) A request for a waiver or an objection must be submitted to the Office of Zoning and Administrative Hearings within 30 days after the date of the Director’s report and must state the basis for the waiver or objection.
(4) The Hearing Examiner must send notice of an adjudicatory hearing to the applicant and any aggrieved person who filed an objection within 10 days after the waiver or objection is received and conduct any such hearing within 30 days of the date the objection is received unless the Hearing Examiner determines that necessary parties are unable to meet that schedule.
(5) The Hearing Examiner may only decide the issues raised by the waiver or objection.
(6) The Hearing Examiner may waive on-site parking standards if:
(A) the available on-street parking for residents within 300 feet of the proposed accessory dwelling unit would permit a resident to park on- street near his or her residence on a regular basis; and
(B) the proposed accessary dwelling unit is not likely to reduce the available on-street parking within 300 feet of the proposed accessory apartment.
(7) The Hearing Examiner may find that more than the minimum on-site parking must be required as a condition of the license and may impose other conditions to assure adequate parking on granting the waiver.
(9) The Hearing Examiner may consolidate public hearings on any requested waivers and any objections to the Director’s findings that involve the same license application.
(10) The Hearing Examiner must issue a final decision within 30 days after the close of the record of the adjudicatory hearing. If both a waiver request and an objection relating to the same accessory apartment license application are filed, the Hearing Examiner must issue a final decision within 30 days after the close of the record in both cases.
(11) The Director must issue or deny the license based on the final decision of the Hearing Examiner.
(12) Any party aggrieved by the Hearing Examiner’s decision on an objection or a waiver may request the Circuit Court to review the Hearing Examiner’s final decision under the Maryland Rules of Procedure. An appeal to the Circuit Court does not automatically stay the Director’s authority to grant a license. (1972 L.M.C., ch. 27, § 1; 1973 L.M.C., ch. 14, § 2; 2000 L.M.C., ch. 32, § 1; , § 1; , § 1; , §1.)
Editor's note—Section 29-26, formerly § 29-25, was renumbered and amended pursuant to 2000 L.M.C., ch. 32, § 1.
