Marvin Mandel, Governor                         1903

(b)  [b-1] The [council] local legislative body shall designate
one alternate member for the board of appeals who may be em-
powered to sit on the board in the absence of any member of the
board; and when the alternate is absent, the [council] local legis-
lative body may designate a temporary alternate.

[b-2] [Each member of the Kent County Board of Appeals shall
receive one hundred dollars ($100) annually for expenses.]

(c)  Rules and Meetings. 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 attendance of witnesses. All meetings of the board shall
be open to the public. The board shall [keep minutes of its] make
a transcript of all 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)  [(g)] General Powers of Board. The board of appeals shall
have the following powers:

(1)  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 subtitle 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
ordinances.

(3)   To authorize upon appeal in specific cases [such] a 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 an unwarranted
hardship and injustice, but which will most nearly accomplish the
purpose and intent of the regulations of the zoning plan].

(e)  [(d)] Appeals; Transmission of Records. Appeals to the
board of appeals may be taken by any person aggrieved or by any
officer, department, board or bureau of the [municipality] jurisdic-
tion 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 constituting the record
upon which the action appealed from was taken.

(f)  [(e)] Stay of Proceedings on Appeal. An appeal stays all
proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the board of appeals
after notice of appeal shall have been filed with him that by reason
of the 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 appli-
cation on notice to the officer from whom the appeal is taken and
on due cause shown.