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Session Laws, 1935
Volume 579, Page 953   View pdf image (33K)
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HARRY W. NICE, GOVERNOR. 953

ings and uses limited as to location by providing rules,
regulations and limitations to such buildings and uses,
and prohibiting the issuance of permits without the ap-
proval of such board, and to limit the uses of property
in accordance with facts ascertained by such board, and
further to provide for an appeal to the Court of Ap-
peals from any decision of the court of record review-
ing decisions of the Board of Zoning Appeals.

WHEREAS, the local legislative bodies cannot examine
each and every building and parcel of land within the mu-
nicipality to establish its relation to the facts which de-
termine the zone district lines, the factor of safety in lo-
cating these lines, and the degree of exactness which they
may present, therefore, in order to provide for adjustment
in the relative location of uses and buildings of different
classifications, and for adjustment at and near district
boundary lines, and to permit greater flexibility in the ap-
plication of the general zoning law it is desirable to em-
power the Board of Zoning Appeals, under uniform rules
and regulations, as set forth by local ordinances to deter-
mine the facts of a particular case and their applicability
to the spirit and intent of the general zoning law, and to
provide that no permit for such uses and buildings shall
be issued without the approval of such Board and further
the nature and extent of the facts which the Board shall
consider and the rules which the municipality shall set up
to guide the discretion conferred are not susceptible of
precise definition, nor reducible to any exact or final for-
mula, but must be gathered from their application to the
varying facts of actual cases as they arise, and in order
to promote the usefulness of the ordinance as an instru-
ment for fact finding, interpretation, application and ad-
justment, so as to supply the necessary elasticity to its
efficient operation, and so as to protect the whole people
from the evils and dangers which follow the strict and
literal application of a general zoning law to actual facts
and conditions at the time of the application for the permit.

SECTION 1. Be it enacted by the General Assembly of
Maryland, That two new sub-sections be and the same are
hereby added to Section 7 of Article 66B of the Code of
Public General Laws of Maryland (1929 Supplement),
title "Zoning, " sub-title "Board of Zoning Appeals, " the
first to be numbered Sub-section 4 of Section 7 and headed
"Board of Zoning Appeals, " to follow immediately after
Sub-section 3 of Section 7 of the Code of Public General

 

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Session Laws, 1935
Volume 579, Page 953   View pdf image (33K)
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