Howard County                                   7223

16.205—Procedure

Any party owning an interest in land, or any duly appointed or
elected State or County board, official, or its or his or their attorney, may
petition the Zoning Board for an amendment, supplement, addition, repeal,
or a change to the zoning regulations or the zoning district boundaries.

The form and number of copies of the petition shall be as prescribed by
law or by the zoning regulations. The petition shall be filed with the
zoning enforcement officer of the County, who shall check the same for
form, provide for posting of property if required by law or by the zoning
regulations, collect the proper fees, and refer the same to the Planning
Board for its report. Within two (2) days of its filing, the zoning enforce-
ment officer shall refer the original petition to the Secretary of the Zoning
Board, who shall set a hearing date and cause a notice of the time and
place of the beginning of the hearing to be published as required by law.

16.206—Conduct of Hearings

All public hearings on zoning matters shall be conducted in accord-
ance with the rules of procedure adopted by the County Council ZONING
BOARD insofar as they do not conflict with the rules of administrative pro-
cedure promulgated by law. The Board shall prepare an official record of
its proceedings in each case, which shall include testimony and exhibits,
but it shall not be necessary to transcribe the testimony unless requested
for court review. Every decision and final order in a zoning matter shall
be in writing, signed by the Chairman of the Board, attested by the
Secretary, and shall be accompanied by findings of fact and conclusions
of law and shall be made a part of the record of proceedings. The final
order of the Zoning Board denying the petition or granting the petition
AND AMENDING THE ZONING REGULATIONS OR THE ZONING
DISTRICT BOUNDARIES shall be filed with the zoning enforcement
officer and maintained by him as part of the official records of the County.

16.207—Judicial Review

Within thirty (30) days after any final decision and order of the
Zoning Board is entered, any person, officer, department, board or bureau
of the County or State, jointly or severally aggrieved by any such decision
and order, and a party to the proceeding below, may appeal to the Circuit
Court for Howard County, in accordance with the Maryland Rules of
Procedure providing for appeals from administrative agencies. The Zoning
Board shall be a party to all appeals and shall be represented on appeal
by the office of the County Solicitor.

The review of the record of proceedings made before the Zoning
Board shall be conducted by the court without a jury. In cases of alleged
irregularities in procedure before the Zoning Board amounting to a denial
of due process, not shown on the record, testimony thereon may be taken
in the court. The court shall, upon request, hear oral argument and receive
written briefs. Upon the hearing of such appeal, the action of the Zoning
Board shall be presumed by the court to be proper and to best serve the
public interest. The court may affirm the decision of the Zoning Board or
remand the case for further proceedings, or it may reverse or modify the
decision if the substantial rights of the appellants may have been preju-
diced because the Zoning Board's findings, inferences, conclusions, or
decisions are:

(1) In violation of constitutional or charter provisions; or