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Session Laws, 1962
Volume 651, Page 153   View pdf image (33K)
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J. MILLARD TAWES, Governor 153

SEC. 41. And be it further enacted, That sub-section (j) of Section
7 of Article 66B of the Code, title "Zoning and Planning", sub-title
"Zoning"; sub-section (i) of Section 22 of Article 66B of the Code,
title "Zoning and Planning", sub-title "Planning", sub-heading "Title
2—Zoning"; and Section 33 of Article 66B of the Code, title "Zoning
and Planning", sub-title "Planning", sub-heading "Title 4—Buildings
in Mapped Streets" be and they are hereby repealed and re-enacted,
with amendments, to read as follows:

7(j) Any person or persons jointly or severally aggrieved by any
decision of the board of zoning appeals, or any taxpayer, or any
officer, department, board or bureau of the municipality, may appeal
'[present] to a court of record on the ground that [a petition, duly
verified, setting forth that] such decision is illegal [, ] in whole or
in part [, specifying the grounds of the illegality. Such petition shall
be presented to the court within thirty days from the day upon which
the board decided the matter from which the appeal is taken].

22 (i) Any person or persons, jointly or severally, aggrieved by
any decision of the board of appeals, or any taxpayer, or any of-
ficer, department, board, bureau of the municipality, may appeal
the same
[present] to the circuit court of the county [, a petition,
duly verified, setting forth that such decision is illegal, in whole or
in part, specifying the grounds of the illegality. Such petition shall
be presented to the court within thirty (30) days after the filing
of the decision in the office of the board].

33.

No public sewer or other municipal street utility or improve-
ment shall be constructed in any street or highway until such street
or highway is fully placed on the official map. No permit for the
erection of any building shall be issued unless a street or highway
giving access to such proposed structure has been duly placed on
the official map. Where the enforcement of the provisions of this
section would entail exceptional difficulty or unwarranted hardship
and where the circumstances of the case do not require the struc-
ture to be related to existing or proposed streets or highways,
the applicant for such a permit may appeal from the decision
of the administrative officer having charge of the issue of permits
to the board of appeals. The board may in passing on such appeal
make any reasonable exception and issue the permit subject to
conditions that will protect any future street or highway layout.
Any such decision shall be subject to review [by certiorari order
issued out of a court of record] in the same manner and pursuant to
the same provisions as in appeals from the decisions of such board
upon zoning regulations.

SEC. 42. And be it further enacted, That Section 41 of Article
66C of the Code, title "Natural Resources", sub-title "In General",
sub-heading "Water Pollution Control Commission"; Section 372 of
Article 66C of the Code, title "Natural Resources", sub-title
"Forests and Parks", sub-heading "Miscellaneous"; Section 430 of
Article 66C of the Code, title "Natural Resources", sub-title "Live-
stock", sub-heading "State Board of Agriculture"; Section 514 of
Article 66C of the Code, title "Natural Resources", sub-title "Mining",
sub-heading "In General"; and sub-section (a) of Section 684 of


 

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Session Laws, 1962
Volume 651, Page 153   View pdf image (33K)
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