Marvin Mandel, Governor                          1885

[7.]

2.08 Board of Zoning Appeals

(a) Appointment, [and power to make exceptions] Composition
and Terms.—[Such local legislative body] The Mayor with the
advice and consent of the City Council may provide for the appoint-
ment of a board of zoning appeals [, and in the regulations and
restrictions adopted pursuant to the authority of this article may
provide that the said board of zoning appeals may, in appropriate
cases and subject to appropriate conditions and safeguards, make
special exceptions to the terms of the ordinance in harmony with
its general purpose and intent and in accordance with general or
specific rules therein contained]. [(b) Composition and terms.] The
board of zoning appeals shall consist of five members and they shall
be appointed for a term of four years, but of the first appointed
members one shall be appointed for a term of one year, one for a
term of two years, one for a term of three years, and one for a
term of four years. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant. The members of the
board of zoning appeals shall be removable for cause by the ap-
pointing authority upon written charges and after public hearing.

[(c)] (b) Rules; Meetings; Oaths; Summoning Witnesses.

The board shall adopt rules in accordance with the provision of
any ordinance adopted pursuant to this article. 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 examina-
tions and other official actions, all of which shall be immediately filed
in the office of the board and shall be a public record.

[(g)] (c) General Powers of Board.

The board of zoning appeals shall have the following powers:

(1)  To hear and decide appeals where it is alleged there is an
error in any order, requirement, decision, or determination 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] a variance
from the terms of the ordinance [as is necessary to avoid arbitrari-
ness 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 subsection shall not apply
to Prince George's and Montgomery Counties].

(d) Appeal; transmission of record.

Appeals to the board of zoning appeals may be taken by any per-
son aggrieved or by any officer, department, board or bureau of
the [municipality] city of Baltimore affected by any decision of the