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Session Laws, 1959
Volume 642, Page 1267   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                            1267

(2) To hear and decide, in accordance with the provisions of the
regulations enacted by the District Council, requests for special ex-
ceptions or map interpretations or for decisions upon permits for
extensions, substitutions, restorations, reinstatements, or recon-
structions 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 the strict application of such regulation or amend-
ment would result in peculiar and exceptional practical difficulties
to or exceptional or undue hardship upon the owner of said property,
by reason of exceptional narrowness, shallowness, 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 con-
dition of a specific piece of property, to authorize, upon an appeal
relating to such property, a variance from such strict application
so as to relieve such difficulty or hardship, provided such relief
can be granted without a substantial impairment of the intent, pur-
pose, and integrity of the zone plan as embodied in the zoning reg-
ulations and maps.

(c)  Board not to amend regulation or map.The Board of Zoning
Appeals shall not have the power to make or amend any regula-
tion or map.

(d)  Powers of Board; notice and hearing.In exercising its pow-
ers the Board of Zoning Appeals, in conformity with the provisions
of this sub-title and the zoning regulations, may reverse or affirm,
wholly or partly, or may modify the decision appealed from. Be-
fore making its decision, the Board of Zoning Appeals shall hold a
hearing upon the appeal, notice of the time and place of which shall
be sent by mail to the appellant and to the owners of all properties
contiguous to or opposite the property affected measured at right
angles to the intervening street or streets from the property of the
appellant, which notice shall be mailed not less than seven (7) days
previous to the time fixed for the hearing.

(e)  Decision of Board.The action or decision of the Board of
Zoning Appeals shall be by resolution, which shall contain a state-
ment of the grounds of its action or decision and which, or a copy
of which, shall form part of the minutes or other records of the
Board.

85. Effect of State-Wide Zoning Law.

(a)  In municipalities.Within the Regional District, the zoning
powers or any of them vested by Article 66B of the Annotated Code
of Maryland in any municipality or council of any municipality
within the Regional District shall be construed to be vested ex-
clusively in and may be exercised within their discretion only by
the County Council of Montgomery County or the County Commis-
sioners of Prince George's County, each acting respectively as a
District Council.

(b)  In planning commissions or boards of appeals.Within the
Regional District any power vested by Article 66B of the Annotated
Code of Maryland in any planning commission or board of appeals


 

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Session Laws, 1959
Volume 642, Page 1267   View pdf image (33K)
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