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Session Laws, 1924
Volume 568, Page 210   View pdf image (33K)
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210 LAWS OF MARYLAND. [CH. 103

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 Adjustment after the notice of
appeal shall have been filed with him that by reason of facts
stated in the certificate a stay would in Ms opinion cause im-
minent 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 Adjustment or by a court of
record on application or notice to the officer from whom the
appeal is taken and on due cause shown.

The Board of Adjustment 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.

The Board of Adjustment 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 vari-
ance from the terms of the ordinance as will not be contrary
to the public interest, where owing to special conditions a lit-
eral enforcement of the provisions of the ordinance will result
in unnecessary hardship, and so that the spirit of the ordi-
nance 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 affirm,
wholly or partly, or may modify the order, requirement, deci-
sion 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 required

 

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Session Laws, 1924
Volume 568, Page 210   View pdf image (33K)
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