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Session Laws, 1970
Volume 695, Page 1886   View pdf image
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1886                             Laws of Maryland                       Ch. 672

administrative officer. Such appeal shall be taken within a reason-
able 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 Zoning
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 constituting the record upon which the
action appealed from was taken.

(e)   Stay of Proceedings on Appeal.

An appeal stays all proceedings in furtherance of the action ap-
pealed from, unless the officer from whom the appeal is taken certi-
fies 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 certifi-
cate 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)  Hearing on Appeal.

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 hearing any party may appear in person
or by agent or by attorney.

[(h)] (g) Decision of Board.

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 to be made, and to that end shall have the
powers of the officer from whom the appeal is taken.

[(i)] (h) Vote Required to Reverse Official or Effect Variation.

The IF ALL OF THE MEMBERS OF THE BOARD ACT
THE concurring vote of four members of the board shall be
necessary to reverse any order, requirement, decision, or determina-

tion of any such administrative official, or to decide in favor of the

applicant on any matter upon which it is required to pass under any
such ordinance, or to effect any variation in such ordinance. IN THE
EVENT THE FULL BOARD DOES NOT VOTE, THE
CONCUR-
RING VOTE OF THE MAJORITY OF THOSE PRESENT VOT
-
ING SHALL BE NECESSARY TO REVERSE ANY ORDER, RE-
QUIREMENT, DECISION, OR DETERMINATION OF ANY
SUCH ADMINISTRATIVE OFFICIAL, OR TO DECIDE IN
FAVOR OF THE APPLICANT ON ANY MATTER UPON WHICH
IT IS REQUIRED TO PASS UNDER ANY SUCH ORDINANCE,
OR TO EFFECT ANY VARIATION IN
SUCH ORDINANCE.
THE CONCURRING VOTE OF FOUR MEMBERS OF THE
BOARD SHALL BE NECESSARY TO REVERSE ANY ORDER,
REQUIREMENT, DECISION, OR DETERMINATION OF ANY
SUCH ADMINISTRATIVE OFFICIAL, OR TO DECIDE IN
FAVOR OF THE APPLICANT ON ANY MATTER UPON WHICH
IT IS REQUIRED TO PASS UNDER ANY SUCH ORDINANCE,
OR TO EFFECT ANY VARIATION IN SUCH ORDINANCE.

 

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Session Laws, 1970
Volume 695, Page 1886   View pdf image
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