ZONING AND PLANNING 2637

mit to the board all the papers constituting the record upon which the
action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from the ¹ whom the appeal is taken certifies to the
Board of Zoning Appeals after the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay would, in
his opinion, cause imminent peril to life or property. In such case pro-
ceedings shall not be stayed otherwise than by a restraining order which
may be granted by the Board of Zoning Appeals or by a court of record on
application, on notice to the officer from whom the appeal is taken and on
due cause shown.

The Board of Zoning Appeals shall fix a reasonable time for the hear-
ing of the appeal, give public notice thereof, as well as due notice to the
parties in interest, and decide the same within a reasonable time. Upon
the hearing any party may appear in person or by agent or by attorney.

The Board of Zoning Appeals shall have the following powers:

1. To hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an administrative
official in the enforcement of this Article or of any ordinance adopted pur-
suant thereto.

2. To hear and decide special exceptions to the terms of the ordinance
upon which such board is required to pass under such ordinance.

3. To authorize upon appeal in specific cases such variance from the
terms of the ordinance as is necessary to avoid arbitrariness and so that the
spirit of the ordinance shall be observed and substantial justice done.

4. To approve buildings and uses limited as to location under such
rules and regulations as may be provided by ordinance of the local legis-
lative body; except that this sub-section shall not apply to Prince George's
and Montgomery Counties.

In exercising the above-mentioned powers such board may, in conform-
ity with the provisions of this Article, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, or determination appealed
from and may make such order, requirement, decision, or determination as
ought to be made, and to that end shall have all the powers of the officer
from whom the appeal is taken.

The concurring vote of four members of the board shall be necessary to
reverse any order, requirement, decision, or determination of any such ad-
ministrative official, or to decide in favor of the applicant on any matter
upon which it is required to pass under any such ordinance, or to effect
any variation in such ordinance.

Any person or persons jointly or severally aggrieved by any decision of
the Board of Zoning Appeals, or any taxpayer, or any officer, department,
board or bureau of the municipality, may present to a court of record a
petition, duly verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the illegality. Such petition shall be
presented to the court within 30 days after filing of the decision in the
office of the board.

Upon the presentation of such petition the court may allow an appeal
to review such decision of the Board of Zoning Appeals and shall prescribe
therein the time within which a return thereto must be made and served
upon the relator's attorney, which shall not be less than 10 days and may

¹ Evidently a typographical error.