§ 32-3-304. SAME - HEARING REQUIRED -TRANSIT FACILITIES.

(a)

"Transit facility petition" defined. In this section, "transit facility petition" means a petition for a special exception, special hearing, or variance for:

(1)

A rail passenger station, as defined in the Baltimore County Zoning Regulations; or

(2)

Transit facilities.

(b)

Applicability. Notwithstanding any provision of this Code or the Baltimore County Zoning Regulations, this section applies to all transit facility petitions.

(c)

Hearing and notice required. The Department of Permits, Approvals and Inspections shall:

(1)

Schedule a public hearing on a transit facility petition for a date not more than 60 days after the petition is filed; and

(2)

Provide notice of the hearing as provided under § 32-3-302(b) of this subtitle.

(d)

Decision of Zoning Commissioner. The Zoning Commissioner shall:

(1)

Hold a public hearing; and

(2)

Issue a decision within 15 days after the conclusion of the public hearing.

(e)

Appeal.

(1)

Any person aggrieved or feeling aggrieved by the decision of the Zoning Commissioner issued under this section, may appeal to the Board of Appeals.

(2)

The appealing party shall file written notice of the appeal with the Department within 15 days after the date of the Zoning Commissioner's final order with the required fee.

(3)

The Board of Appeals shall:

(i)

Schedule a public hearing for a date not more than 45 days after the notice of appeal is received by the Department;

(ii)

Provide notice of the date, time, and location of the public hearing and post the property at issue as provided in this Code; and

(iii)

Issue its decision within 15 days after the conclusion of the public hearing.

(1988 Code, § 26-127) (Bill No. 18, 1990, § 2, 3-30-1990; Bill No. 91, 1990, § 2, 8-13-1990; Bill No. 1, 1992, § 2, 3-2-1992; Bill No. 103-02, § 2, 7-1-2004; Bill No. 75-03, § 5, 7-1-2004; Bill No. 122-10, §§ 12, 30, 1-16-2011)