2644 ARTICLE 66B

Commission to recommend the boundaries of the various original districts
and appropriate regulations to be enforced therein. Such Commission
shall make a preliminary report and hold public hearings thereon before
submitting its final report and the council shall not hold its public hear-
ings or take action until it has received the final report of such commission.
See secs. 2 to 5.

1933, ch. 599, sec. 13.

22. (Board of Appeals.) The council shall provide for the appointment
of a Board of Appeals, and in the regulations and restrictions adopted
pursuant to the authority of this sub-title may provide that the said Board
of Appeals may, in cases where it is exceptionally difficult if not impos-
sible to comply with the exact provisions of the ordinance, make such
variation as will prevent unwarranted hardship or injustice and at the
same time most nearly accomplish the purpose and intent of the regula-
tions of the zoning plan.

The Board of Appeals shall consist of three members. The term of
office of the members of the board shall be three years. They shall be
appointed by the mayor, confirmed by the council, and removable for
cause, upon written charges, and after public hearing. Vacancies shall be
filled for the unexpired term of any member whose term becomes vacant.

The board shall adopt rules in accordance with the provisions of any
ordinance adopted pursuant to this sub-title. 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 meet-
ings 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 rec-
ords of its examinations and other official actions, all of which shall be
immediately filed in the office of the board and shall be a public record.

Appeals to the Board of Appeals may be taken by any person aggrieved
or by any officer, department, board or bureau of the municipality affected
by any decisions 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
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 whom the appeal is taken certifies to the
Board of Appeals after 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 proceedings shall
not be stayed otherwise than by a restraining order which may be granted
by the Board of 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 Appeals shall fix a reasonable time for the hearing 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.