WM. PRESTON LANE, JR., GOVERNOR. 305

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
Act or of any ordinance adopted pursuant 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.

In exercising the above-mentioned powers such board may,
in conformity with the provisions of this Act, reverse or af-
firm, 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 deter-
mination of any such administrative official, or to decide in
favor of the applicant on any matter upon which it is re-
quired to pass under any such ordinance, or to the 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 municipal-
ity may present to the Circuit Court for Worcester County,
Maryland, 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 al-
low 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 realtor's
attorney, which shall not be less than 10 days and may be
extended by the court. The allowance of the appeal shall
not stay proceedings upon the decision appealed from, but