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Session Laws, 1943
Volume 584, Page 1761   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1761

V. A District Council may in its zoning regulations, provide
that the Board of Zoning Appeals, may, in appropriate cases
and subject to appropriate principles, standards, rules, condi-
tions and safeguards set forth in the regulations, make special
exceptions to the provisions of the zoning regulations in har-
mony with their general purposes and intent. The District
Council may also authorize the Board of Zoning Appeals to
interpret the zoning maps or pass upon disputed questions of
lot lines or district boundary lines or similar questions as they
arise in the administration of the regulations,

W. Appeals to the Board of Zoning Appeals of Montgomery
County or the Board of Zoning Appeals of Prince George's
County may be taken by any person, board, association, corpo-
ration or official aggrieved by the grant or refusal of a building
permit or the grant or withholding of an occupancy or use
permit or any other administrative decision based or claimed
to be based in whole or part upon any zoning regulation or map
enacted by the District Council of such county.

Upon appeals, the Board of Zoning Appeals shall have the
following powers:

(1) To hear and decide appeals where it is alleged by the
appellant that there is error in any refusal of a building, use
or occupancy permit or in any other order, requirement, de-
cision or determination made by a building official or by the
Commission when passing upon an application for a building
or other permit or by any other administrative officer or body
in the administration of any zoning regulation enacted pur-
suant to this Act. Nothing contained in this paragraph shall
be deemed to authorize a Board of Zoning Appeals to reverse
or modify any refusal of a permit or any other order, require-
ment, decision or determination which conform to the pro-
visions of this Act and the regulations made under this Act
and which, therefore, was not erroneous.

(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, re-
instatements, 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 reason
of exceptional topographical conditions or other extraordinary
or exceptional situation or condition of a specific piece of
56

 

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Session Laws, 1943
Volume 584, Page 1761   View pdf image (33K)
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