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Session Laws, 1949
Volume 590, Page 1003   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1003

(b) To hear and decide special exceptions to the terms of
any ordinance or other legislation adopted pursuant to this
sub-title upon which such Board may be required to pass
under such ordinance or other legislation;

(c) To hear, decide and grant specific variances from the
the zoning regulations, adopted pursuant to this sub-title in
proper cases, subject to such rules, regulations, restrictions,
guides and standards as may be provided by appropriate
action of the legislative body of the political subdivision.

In political subdivisions where a zoning board of appeals
or adjustment already exists, such zoning board of appeals or
adjustment may be appointed as the Board of Appeals. Other-
wise, the Board of Appeals shall consist of five members and
they shall be appointed for a term of four years, but of the
first appointed members one shall be appointed for a term
of one year, one for a term of two years, one for a term of
three years and two for a term of four years. Vacancies shall
be filled for the unexpired term of any member whose term
becomes vacant. The members of the Board of Appeals shall
be removable for cause by the appointing authority upon
written charges and after public hearing.

The Board shall adopt rules in accordance with the pro-
visions of any ordinance adopted under this sub-title. Meet-
ings of the Board shall be held at the call of the Chairman
and at such other times as the Board may determine. The
Chairman, or in his absence the acting Chairman, may ad-
minister oaths and compel the attendance of witnesses. All
meetings of the Board shall be public. The Board shall keep
minutes of its proceedings, showing the vote of each member
upon each question, or, if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other
official actions, all of which shall immediately be filed in the
office of the Board and shall be a public record.

Appeals to the Board may be taken by any person aggrieved,
or by any officer, department, board, or bureau of the political
subdivision affected by any decision of the administrative
agency. An appeal must be taken within thirty days, by
filing with the agency from which the appeal is taken and
with the Board, a notice of appeal specifying the grounds
thereof. The agency from which the appeal is taken shall
forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the
action appealed from, unless the agency from which the ap-
peal is taken certifies to the Board, after the notice of appeal
has been filed with it, that by reason of the facts stated in
the certificate a stay would, in its opinion, cause imminent
peril to life or property. In such case proceedings shall not

 

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Session Laws, 1949
Volume 590, Page 1003   View pdf image (33K)
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