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Session Laws, 1953
Volume 606, Page 1259   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 1259

Board may adopt its own rules of procedure, which must
not be inconsistent with this sub-title.

300M. The Board of Zoning Appeals is authorized and
empowered to hear and to take action on any appeal
from a decision of the Planning Commission of Carroll
County. Appeals to the said Board may be made by any
person, or official or board severally or individually
aggrieved by a decision of the Planning Commission and
hearings on such appeals shall be open to the public. At
least seven (7) days prior to the date of such hearings
notice shall be given to the owners of property contiguous
to that property which is the subject of appeal. The Board
of Zoning Appeals shall, for the purpose of such hearings,
have the power to compel the attendance of witnesses and
to administer oaths and shall keep minutes of all such
hearings. The Board shall act upon any such appeal by
resolution, with at least three members concurring, and
may affirm or reverse, in part or in toto, the decision
appealed from. Such resolution shall be in writing and
shall contain a statement as to the basis for the decision,
which decision must be based on the correctness or incor-
rectness of the decision appealed from or upon an inter-
pretation of the zoning map or of disputed boundary lines
or upon the necessity for modifying the decision appealed
from in order to permit the extension of a lawful non-
conforming use throughout the same lot or building, or
in order to permit the restoration of a lawful non-conform-
ing use where the same has been partially destroyed, or
in order to provide succor where undue hardship and the
practical difficulty of an exact compliance with the law
can be shown due to exceptional topography, or lot shape
or other exceptional circumstance.

300N. The Board of Zoning Appeals may not alter by

its decision any zone regulation or boundaries promul-

gated by the Planning and Zoning Commission, beyond

the modification specified in Section 300M of this Article.

300-O. Appeals from any resolution of the Board of
Zoning Appeals may be made to the Circuit Court for
Carroll County by any person, official or board, severally
or individually aggrieved by a decision of the said Board
of Zoning Appeals, by means of a duly verified petition
specifying the illegality of the decision appealed from,
which petition must be presented to the Circuit Court for
Carroll County within thirty (30) days of the date of
filing of the resolution appealed from.



 

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Session Laws, 1953
Volume 606, Page 1259   View pdf image (33K)
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