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Session Laws, 1971
Volume 707, Page 1783   View pdf image
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Marvin Mandel, Governor                        1783-

tion, landscaping, or other improvements, alterations, and changes
made or to be made on the subject land or lands to assure conformity
with the intent and purpose of this article and of the jurisdiction's
zoning ordinance. The powers provided in subsection 4.01 (b) shall
be applicable only if the local legislative body adopts an ordinance
which shall include enforcement procedures and requirements for
adequate notice of public hearings and conditions sought to be
imposed.

4.05. Applicability of Sec. 4.04.

(C) The provisions of [Sec. 4.04] subsection 4.04 above relative to
public hearings and official notice shall apply equally to all reclas-
sifications.

4.06.

(a) Appointment; power to hold hearings; conduct of hearings.—
The local legislative body may appoint such full and part-time hear-
ing examiners as in its discretion may be deemed necessary and
appropriate and may delegate to the said hearing examiner or exam-
iners the power to hold and conduct public hearings as required and
set forth in [Sec.] subsection 4.05 above. Such hearing shall be con-
ducted in such a manner and subject to such rules and regulations as
may be provided by the local legislative body.

4.07. Board of appeals.

(c)     The board shall adopt rules in accordance with the provi-
sions of any ordinance adopted pursuant to this [subtitle] 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 attendance of witnesses. All meetings of the board shall be open
to the public. The board shall 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, which shall be immediately
filed in the office of the board and shall be a public record.

(d)    General powers.—The board of appeals shall have the fol-
lowing 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] 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 or-
dinances.

(3)    To authorize upon appeal in specific cases a variance from
the term TERMS of the ordinance.

(h) Decision of board.—In exercising the above-mentioned
powers such board may, in conformity with the provisions of this
[subtitle] article, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, or determination appealed from and
make such order, requirement, decision or determination as ought

 

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Session Laws, 1971
Volume 707, Page 1783   View pdf image
 Jump to  
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