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Session Laws, 1972
Volume 708, Page 405   View pdf image
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Marvin Mandel, Governor                         405

this article, no permit shall be issued for any development on any part
of the land between the lines of a proposed street as thus platted; pro-
vided, however, that the board of zoning appeals of the jurisdiction in
which the location of such platted street lies, or a special board of
appeals which may be created for the purpose of the local legislative
body of the jurisdiction, shall have the power, upon an appeal filed
with it by the owner of any such land and by a vote of a majority
of its members, to grant a permit for a development in such platted
street location in any case in which such board finds, upon the evi-
dence and arguments presented to it upon such appeal: (a) that
the entire property of the appellant, of which such reserved street
location forms a part, cannot yield a reasonable 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 news-
paper of general circulation in the jurisdiction. In the event that
the board of appeals grants a development permit in any such appeal
it shall specify the exact location, ground area, height, and other
details as to the extent and character 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.

7.05.

Except as otherwise provided herein, all acts and parts of acts,
laws and parts of law, ordinances and parts of ordinances, incon-
sistent herewith or contrary hereto, are hereby repealed to the extent
of such inconsistency, provided, however, that Sections [2.01-211]
2.01-2.11 and all laws and ordinances passed pursuant thereto shall
not be affected hereby, and that this article shall be deemed to be in
addition to said Sections 2.01-2.11 and not in substitution therefor.

8.01.

(a) The preservation of structures of historic and architectural
value together with the appurtenances and environmental settings
is a public purpose in this State. The board of county commissioners
or county council of every county in the State and the mayor and
city council, by whatever name known, of every municipal corpora-
tion in this State and the mayor and city council of Baltimore City
have power by ordinance or resolution to regulate the construction,
alteration, reconstruction, moving and demolition of such structures,
their appurtenances and environmental settings within their respec-
tive limits. Hereafter in this subtitle such counties and municipal
corporations are referred to as "county" or "counties" or "municipal
corporation" as the case may be. The word "structure" as used in
this subtitle means a combination of material to form a construction
that is stable; including among other things, buildings, stadiums,

 

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Session Laws, 1972
Volume 708, Page 405   View pdf image
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