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Session Laws, 1927
Volume 569, Page 855   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 855

determine appeals from any refusal of a building permit
where such refusal is for non-compliance! with the provisions
of the zoning regulations enacted by the District Council.

SEC. 27. And be ii further enacted. That in passing upon
appeals, the boards of zoning appeals shall have full powers
(a) to permit a non-conforming use as an incidental accessory
to a conforming principal use on the same lot, subject to such
conditions as will safeguard the health morals safety or wel-
fare; (b) where the strict application of any provision of the
zoning regulations as to height and area of buildings and
other structures would result in undue hardship upon the
owner of specific property, or where there is reasonable doubt
as to any provision of said regulations or the maps as applied
to such property, to modify such strict application or to in-
terpret the meaning of said regulations so as to relieve such,
hardship.

In exercising these powers the boards of zoning appeals may,
in conformity with the provisions of this Act and the zoning
regulations, reverse or affirm, wholly or partly, or may modify
the requirements or decision appealed from, and to that end
shall have all the powers of the officer from which the appeal
is taken. Before making their decision, the boards of zoning
appeals shall hold a hearing, notice of the time and place of
which shall be sent by mail to the appellant and to the owners
of all properties contiguous to the property of the appellant,
which notice shall be mailed not less than seven days previous
to the time fixed for the hearing.

SEC. 28. And be it further enacted, That the erection or
use of any building or other structure or of premises in viola-
tion of this Act or of zoning regulations enacted in pursuance
hereof, except as modified or interpreted by the boards of zon-
ing appeals in accordance with the provisions of this Act,,
is hereby declared to be a misdemeanor. The issuance of any
building permit in violation of the provisions of this Act is
hereby declared to be a misdemeanor.

The Board of County Commissioners of either of said coun-
ties, the Commission, any public official of any municipality
or political subdivision within the district or any property
owner within the district, may bring action in any court of
competent jurisdiction to restrain or enjoin the erection or
use of any building or structure or premises in violation of the
provisions of this Act or of the regulations enacted pursuant

 

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Session Laws, 1927
Volume 569, Page 855   View pdf image (33K)
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