[Adopted 5-5-2003 by Ord. No. 4-5-03 (Ch. 6 of the 1991 Code)]
There is created a Board of Appeals for the Town of Indian Head to hear and decide matters in addition to those within the jurisdiction of the Board of Appeals provided for Chapter 440, Zoning, of the Code of the Town of Indian Head. The Board created by this section shall have the same membership as the Board appointed pursuant to § 440-306 of Chapter 440, Zoning.
The Board of Appeals shall have such jurisdiction and authority as may be granted to it from time to time by the Town Council by ordinance.
Unless otherwise specified in an ordinance of the Town Council granting specific jurisdiction and authority to the Board:
A. 
An appeal from any final order or decision of a Town administrative official may be taken to the Board of Appeals by a person aggrieved by that decision by filing a written notice of appeal with the Town Manager not later than 10 days from the date of the final order or decision being appealed, unless a different filing period is allowed in other chapters of the Town Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
An appeal stays the effect of the final order or decision appealed from unless the administrative official certifies, in writing, to the Board that, for reasons stated in the certification, a stay would cause imminent peril to life or property. In that case, the order or decision is not stayed except by order of the Board of Appeals or a court, issued on application of the party seeking the stay, for due cause and after notice to, and opportunity to be heard by, the administrative official.
The Board of Appeals may adopt rules as it deems necessary to govern its operations and the conduct of its proceedings. These rules may be the same rules as the Board may adopt pursuant to Chapter 440, Zoning.
All appeals shall be considered by the Board of Appeals on the record of proceedings before the administrative official whose final order or decision has been appealed. Promptly after the filing of the appeal, the administrative official shall transmit the complete record of the matter to the Board.
All decisions and findings of the Board of Appeals are final administrative decisions and are subject to judicial review as may be authorized by law.
Except as otherwise provided by law, the Board of Appeals shall provide public notice of its hearings by publication in one newspaper of general circulation in the Town not less than 15 days prior to the date fixed for the hearing.
A. 
The Board of Appeals, in conformity with law, may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and make such order, requirements, decision or determination as ought to be made.
B. 
Any person or persons, including any officer, official, department, board or bureau of the Town of Indian Head, jointly or severally aggrieved by any decision of the Board of Appeals rendered pursuant to this article may seek judicial review of the decision of the Board to the Circuit Court for Charles County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Except where another amount is specified by ordinance of the Town Council or other law, any appeal from an administrative decision to the Board of Appeals shall be subject to and accompanied by an application fee of $150. One-half of any application fee paid pursuant to this section shall be refunded if, at the conclusion of the proceedings before the Board of Appeals and any subsequent judicial appellate proceedings related to the proceedings before the Board, the relief sought by the appellant before the Board is granted, and provided that the appellant has made application to the Town's Finance Officer within 60 days following the filing of the final decision.