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Session Laws, 1939
Volume 581, Page 1501   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1501

(2) To hear and decide, in accordance with the provisions
of the regulations enacted by the District Council, requests
for special exceptions or map interpretations or for decisions
upon permits for extensions, substitutions, restorations, rein-
statements, or reconstructions of lawful non-conforming uses
or other special questions upon which the Board of Zoning
Appeals is required or authorized by the zoning regulations
to pass.

(3) Where, by reason of exceptional narrowness, shallow-
ness or shape of a specific piece of property at the time of the
original enactment of a regulation or amendment or by rea-
son of exceptional topographical conditions or other extra-
ordinary or exceptional situation or condition of a specific
piece of property, the strict application of such regulation
or amendment would result in peculiar and exceptional prac-
tical difficulties to or exceptional or undue hardship upon the
owner of said property, to authorize, upon an appeal relating
to such property, a variance from such strict application so
as to relieve such difficulty or hardship, provided such relief
can be granted without a substantial impairment of the intent,
purpose and integrity of the zone plan as embodied in the
zoning regulations and maps.

A board of zoning appeals shall not have the power to
make or amend any regulation or map.

In exercising its powers a board 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 decision appealed from. Before making its decision, the
Board of Zoning Appeals shall hold a hearing upon the appeal,
notice of the time and place of which shall be sent by mail
to the appellant and to the owners of all properties contigu-
ous to or opposite the property affected measured at right
angles to the intervening street or streets from the property
of the appellant, which notice shall be mailed not less than
seven (7) days previous to the time fixed for the hearing.

The action or decision of a Board of Appeals shall be by
resolution which shall contain a statement of the grounds of
its action or decision and which, or a copy of which, shall form
part of the minutes or other records of the board.

SEC. 24. And be it further enacted, That the zoning regu-
lations heretofore duly and validly enacted by the Boards of
County Commissioners of Montgomery and Prince Georges
Counties under the authority of Sections 19 to 24 of Chapter
448, Laws of Maryland, 1927 (Sections 603 to 608 of Article
16 of the Public Local Laws of Maryland, 1930 Edition, title
"Montgomery County", sub-title "Maryland-Washington Met-
ropolitan District" and Sections 738 to 743 of Article 17 of


 

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Session Laws, 1939
Volume 581, Page 1501   View pdf image (33K)
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