2638 ARTICLE 66B
be extended by the court. The allowance of the appeal shall not stay pro-
ceedings upon the decision appealed from, but the court may, on applica-
tion, or notice to the board and on due cause shown, grant a restraining
order. .
The Board of Zoning Appeals shall not be required to return the orig-
inal papers acted upon by it, but it shall be sufficient to return certified or
sworn copies thereof of 1 or such portions thereof as may be called for by
such appeal. The return shall concisely set forth such other facts as may
be pertinent and material to show the grounds of the decision appealed
from and shall be verified.
If, upon the hearing, it shall appear to the court that testimony is neces-
sary for the proper disposition of the matter, it may take evidence or ap-
point a commissioner to take such evidence as it may direct and report the
same to the court with his findings of fact and conclusions of law, which
shall constitute a part of the proceedings upon which the determination
of the court shall be made. The court may reverse or affirm, wholly or
partly, or may modify the decision brought up for review.
All issues in any proceeding under this section shall have preference
over all other civil actions and proceedings.
An appeal may be taken to the Court of Appeals from any decision of
the said Court of Record reviewing the decisions of the Board of Zoning
appeals.
See notes to Sec. 1.
See sec. 22.
1927, ch. 705, sec. 8.
8. (Enforcement and Remedies.) The local legislative body may pro-
vide by ordinance for the enforcement of this Article and of any ordinance
or regulation made thereunder. A violation of this Article or of such ordi-
nance or regulation is hereby declared to be a misdemeanor, and such local
legislative body may provide for the punishment thereof by fine or impris-
onment or both. It is also empowered to provide civil penalties for such
violation.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained, or any building, structure, or
land is used in violation of this Article or of any ordinance or other regu-
lation made under authority conferred hereby, the proper local authori-
ties of the municipality, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful erection, con-
struction, reconstruction, alteration, repair, conversion, maintenance, or
use, to restrain, correct, or abate such violation, to prevent the occupancy
of said building, structure, or land, or to prevent any illegal act, conduct,
business, or use in or about such premises.
See sec. 35.
1927, ch. 705, sec. 9.
9. (Conflict with Other Laws.) Wherever the regulations made under
authority of this Article require a greater width or size of yards, courts,
or other open spaces, or require a lower height of building or less number
of stories, or require a greater percentage of lot to be left unoccupied, or
impose other higher standards than are required in any other statute or
1 Evidently "of or" have been transposed.
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