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Session Laws, 1953
Volume 606, Page 1567   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 1567

notice of appeal specifying the grounds thereof. The officer
from whom the appeal is taken shall forthwith transmit
to the Board all the papers constituting the record upon
which the action appealed from was taken.

(e) An appeal stays all proceedings in furtherance of
the action appealed from, unless the officer from whom the
appeal is taken certifies to the Board of Zoning Appeals
. after the notice of appeal shall have been filed with him
that by reason of facts stated in the certificate a stay would,
in his opinion, cause imminent peril to life or property. In
such case proceedings shall not be stayed otherwise than
by a restraining order which may be granted by the Board
of Zoning Appeals or by a court of record on application,
on notice to the officer from whom the appeal is taken and
on due cause shown.

(f) The Board of Zoning Appeals shall fix a reasonable
time for the hearing of the appeal, give public notice
thereof, as well as due notice to the parties in interest, and
decide the same within a reasonable time. Upon the hear-
ing any party may appear in person or by agent or by at-
torney.

(g) The Board of Zoning Appeals shall have the follow-
ing powers:

1. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision, or determina-
tion made by an administrative official in the enforcement
of this Article or of any ordinance adopted pursuant
thereto.

2. To hear and decide special exceptions to the terms of
the ordinance upon which such board is required to pass
under such ordinance.

3. To authorize upon appeal in specific cases such variance
from the terms of the ordinance as is necessary to avoid
arbitrariness and so that the spirit of the ordinance shall
be observed and substantial justice done.

4. To approve buildings, and uses limited as to location
under such rules and regulations as may be provided by
ordinance of the local legislative body; except that this
sub-section shall not apply to Prince George's and Mont-
gomery Counties.

(h) In exercising the above-mentioned powers such
Board may, in conformity with the provisions of this
Article, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, or determination as ought


 

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Session Laws, 1953
Volume 606, Page 1567   View pdf image (33K)
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