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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 392   View pdf image (33K)
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392 ARTICLE 66B.

cancies shall be filled for the unexpired term of any member whose term
becomes vacant. The members of the Board of Zoning Appeals shall be
removable for cause by the appointing authority upon written charges and
after public hearing.

The board shall adopt rules in accordance with the provisions of any
ordinance adopted pursuant to this Article. Meetings of the board shall
be held at the call of the chairman and at such other times as the board may
determine. Such chairman, or in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses. All meetings
of the board shall be open to the public. The board shall keep minutes of
its proceedings, showing the vote of each member upon each question, or,
if absent or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be immedi-
ately filed in the office of the board and shall be a public record.

Appeals to the Board of Zoning Appeals may be taken by any person
aggrieved or by any officer, department, board or bureau of the municipal-
ity affected by any decision of the administrative officer. Such appeal shall
be taken within a reasonable time, as provided by the rules of the board, by
filing with the officer from whom the appeal is taken and with the Board of
Zoning Appeals a notice of appeal specifying the grounds thereof. The
officer from whom the appeal is taken shall forthwith transmit 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 the1 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.

1 Evidentally a typographical error.


 

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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 392   View pdf image (33K)
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