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Session Laws, 1957
Volume 640, Page 417   View pdf image (33K)
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Theodore R. McKeldin, Governor                    417

Vacancies shall be filled for the unexpired term of any member
whose term becomes vacant.

(c)  The (board) shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to this sub-title. Meetings of the
board shall be held at the call of the chairman and at such other
times as the board may determine. Such chairman or in his absence,
the acting chairman, may administer oaths and compel the attend-
ance of witnesses. All meetings of the board shall be open to the
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 be immediately filed in
the office of the board and shall be a public record.

(d)  Appeals to the Board of Appeals may be taken by any person
aggrieved or by any officer, department, board or bureau of the
municipality affected by any decisions of the administrative officer.
Such appeal shall be taken within a reasonable time, as provided by
the rules of the board, by filing with the officer from whom the
appeal is taken and with the Board of Appeals a notice of appeal
specifying the grounds thereof. The officer from whom the appeal
is taken shall forthwith transmit to the board all the papers consti-
tuting 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 cer-
tifies to the Board of Appeals after 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 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 Appeals shall fix a reasonable time for the hear-
ing 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 hearing any party may appear in person or by agent
or by attorney.

(g)  The Board of Appeals shall have the following powers:

(1)  [(a)] To hear and decide appeals where it is alleged there is
error in any order, requirement, decision, or determination made by
an administrative official in the enforcement of this sub-title or of
any ordinance adopted pursuant thereto.

(2)  [(b)] To hear and decide special exceptions to the terms of
the ordinance upon which such board is required to pass under such
ordinances.

(3) [(c)] To authorize upon appeal in specific cases such variance
from the terms of the ordinance as will not be contrary to the public
interest, where, owing to special conditions, the enforcement of the
provisions of the ordinance will result in unwarranted hardship and
injustice, but which will most nearly accomplish the purpose and
intent of the regulations of the zoning plan.

(h) In exercising the above-mentioned powers such board may, in
conformity with the provisions of this sub-title, reverse or affirm,

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Session Laws, 1957
Volume 640, Page 417   View pdf image (33K)
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