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Session Laws, 1971
Volume 707, Page 1785   View pdf image
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Marvin Mandel, Governor                        1785

such reserved street location forms a part, cannot yield a reason-
able return to the owner unless such permit be granted; and (b)
that, balancing the interest of the county or municipal corporation
in preserving the integrity of such street plat and of the municipal
plan and the interest of the owner of the property in the use of
his property and in the benefits of the ownership thereof, the grant
of such permit is required by consideration of reasonable justice
and equity. Before taking any such action the board of appeals
shall give a hearing at which the parties in interest shall have an
opportunity to be heard. At least fifteen (15) days' notice of the
time and place of such hearing shall be given to the appellant by
mail at the address specified by the appellant in his appeal petition
and shall be published in a newspaper of general circulation in the
jurisdiction. In the event that the board of appeals grants a develop-
ment permit in any such appeal it shall specify the exact location,
ground area, height, and other details as to the extent and char-
acter of the development for which the permit is granted and may
impose reasonable requirements as a condition of granting such
permit, which requirements shall inure to the benefit of the county
or municipal corporation.

7.02. Conflict with other laws.

Whenever the regulations made under the authority of this article
require a greater width or size of yards, courts, or other open spaces,
or require a lower height of building or less number of stories, or
require a greater percentage of lot to be left unoccupied or impose
other higher standards than are required in any other statute or
local ordinance or regulations, the provisions of the regulations
made under authority of this article shall govern. Whenever the
provisions of any other statute or local ordinance or regulation re-
quire a greater width or size of yards, courts, or other open spaces,
or require a lower height of building or a less number of stories, or
requires a greater percentage of lot to be left unoccupied, or im-
pose other higher standards than are required by the regulations
made under authority of this article, the provisions of such statute
or local ordinance or regulation shall govern; provided, however,
that within the limits of the Maryland-Washington regional dis-
trict as said district is now or shall hereafter be defined by law,
in Montgomery and Prince George's counties — in which district
there is now in effect city and regional planning and zoning, which
are being administered by existing agencies under existing law—
this article shall not be construed as supplemental to Chapter 992
of the Laws of Maryland of 1943, as amended; and within the said
district the several additional and supplemental powers or any of
them vested by this article in the "municipality," and/or the
"council," shall not be construed to be vested in and may not be
exercised by the respective board of county commissioners or county
councils acting as the district council, as provided in said Chapter
992, as amended; and within the said district in like manner the
several powers or any of them vested by this article in the "com-
mission" and in the "board of appeals," respectively, shall be con-
strued not to be vested in and may not be exercised by the Mary-
land-National Capital Park and Planning Commission, the respec-
tive planning boards, and/or the respective board of zoning appeals
of the county affected; and provided further, that insofar as the
provision of this article may be inconsistent with or contrary to

 

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Session Laws, 1971
Volume 707, Page 1785   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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