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Session Laws, 1947
Volume 411, Page 678   View pdf image (33K)
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678 LAWS OF MARYLAND. . [CH. 388

appeal by resolution, with at least two members concurring,
and may affirm or reverse, in part or in toto, the decision
appealed from. Such resolution shall be in writing and shall
contain a statement as to the basis for the decision, which
decision must be based on the correctness or incorrectness
of the decision appealed from or upon an interpretation of
the zoning map or of disputed boundary lines, or upon the
necessity for modifying the decision appealed from in order
to permit the extension of a lawful non-conforming use
throughout the same lot or building, or in order to permit
the restoration of a lawful non-conforming use where the
same has been partially destroyed, or in order to provide
succour where undue hardship and the practical difficulty
of an exact compliance with the law can be shown due to
exceptional topography, or lot shape or other exceptional
circumstance.

The County Commissioners of Anne Arundel County may
not, when acting as a Board of Zoning Appeals, alter by its
decision any zone regulations or boundaries promulgated by
the said Commissioners, beyond the modifications above speci-
fied. Such alteration of regulations and boundaries may
only be accomplished as hereinafter provided in Section 521.

519. Appeals from any resolution of the Board of Zoning
Appeals may be made to the Circuit Court of Anne Arundel
County by any person, official or board, severally or indi-
vidually aggrieved by a decision of the said Board of Zon-
ing Appeals, by means of a duly verified petition specifying
the illegality of the decision appealed from, which petition
must be presented to the said Circuit Court within thirty
(30) days of the date of filing of the resolution appealed
from.

The said Circuit Court may, upon the presentation of the
above named petition, allow a writ of certiorari directed to
the Board of Zoning Appeals, to which writ the said Board
shall make a duly verified return which shall specify the
basis of the decision appealed from and be accompanied by
certified copies of any papers pertinent thereto, the said
return being made by the Board within ten (10) days of the
Issuance of the above named writ, unless a time extension is
allowed by the Court. However, the issuance of the above
named writ shall not stay proceedings to implement the
decision appealed from. Or the Circuit Court of Anne Arun-
del County may, upon the presentation of the above-named
petition, grant a restraining order upon specific application
therefor and following due notice of such an order to the

 

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Session Laws, 1947
Volume 411, Page 678   View pdf image (33K)
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