MARVIN MANDEL, Governor                                  1509

GRANTED AS A MATTER OF RIGHT FOR THE REPLACEMENT, CHANGE,
OR REPAIR OF NONCONFORMING OSES, STRUCTURES OR TREES
EXCEPT NO PERMIT SHALL BE GRANTED THAT WILL ALLOW THE
STRUCTURE OR TREE EN QUESTION TO BECOME HIGHER OR BECOME
A GREATER HAZARD TO AIR NAVIGATION THAN IT WAS WHEN THE
APPLICABLE AIRPORT ZONING REGULATION WAS ADOPTED. EACH
APPLICATION FOR A PERMIT SHALL CONTAIN INFORMATION AND BE
ACCOMPANIED BY PLATS, DRAWINGS AND OTHER DATA AS MAY BE
NECESSARY TO ENABLE THE ADMINISTRATION TO DETERMINE
WHETHER OR NOT THE PROPOSED OPERATION OR PROJECT WILL
COMPLY WITH ALL APPLICABLE AIRPORT ZONING REGULATIONS.
IN CASE ANY OF THE OPERATIONS OR PROJECTS MENTIONED IN
THIS SECTION ARE PERFORMED IN VIOLATION OF ANY APPLICABLE
ZONING REGULATION OR RULE, THE ADMINISTRATION IN ADDITION
TO OTHER REMEDIES, MAY INSTITUTE OR CAUSE TO BE
INSTITUTED ANY APPROPRIATE ACTION OR PROCEEDING TO
PREVENT, RESTRAIN, CORRECT OR ABATE SUCH UNLAWFUL ACTION
OR CONDITION.

(4) IF ANY PROPOSED OPERATION OR PROJECT,
FOR WHICH AH APPLICATION IS FILED, DOES NOT CONFORM WITH
THE PROVISIONS OF ANY APPLICABLE AIRPORT ZONING
REGULATION OR RULE, THE APPLICATION SHALL BE DISAPPROVED
BY THE ADMINISTRATION, WHICH SHALL NOTIFY THE APPLICANT
IN WRITING TO THAT EFFECT, WITH THE REASONS FOR THE
DISAPPROVAL. IN CASES WHERE THE BOARD OF AIRPORT ZONING
APPEALS IS AUTHORIZED TO GRANT VARIANCES FROM THE
APPLICABLE AIRPORT ZONING REGULATIONS, THE APPLICANT MAY
APPEAL TO THE BOARD IN THE MANNER SET FORTH IN SUBSECTION
(G) OF THIS SECTION.

(E) (1) THERE SHALL BE A BOARD OF AIRPORT ZONING
APPEALS WHICH SHALL HAVE AND EXERCISE WITH RESPECT TO
STATE OWNED AIRPORTS ALL THE POWERS, DUTIES AND FUNCTIONS
SET FORTH IN SUBSECTION (F) OF THIS SECTION.

(2)    THE BOARD OF AIRPORT ZONING APPEALS
SHALL CONSIST OF FIVE (5) MEMBERS WHO SHALL BE APPOINTED
BY THE GOVERNOR, WITH THE ADVICE OF THE SECRETARY OF
TRANSPORTATION AND WITH THE ADVICE AND CONSENT OF THE
SENATE, IN THE MANNER PROVIDED IN SECTION 8-801 OF THIS
ARTICLE WITH THE TERM OF EACH MEMBER TO COMMENCE ON OR
AFTER JULY 1, 1974. THE BOARD OF AIRPORT ZONING APPEALS
SHALL BE SUBJECT TO AND SHALL COMPLY WITH, ALL OF THE
APPLICABLE TERMS AND PROVISIONS CONTAINED IN SECTION
8-801.

(3)    THREE (3) MEMBERS OF THE BOARD SHALL BE
RESIDENTS OF ANNE ARUNDEL COUNTY AND THE OTHER TWO
MEMBERS OF THE BOARD SHALL BE RESIDENTS OF THE CITY OF
BALTIMORE. THE CHAIRMAN OF THE BOARD SHALL BE DESIGNATED
BY THE GOVERNOR. VACANCIES ON THE BOARD SHALL BE FILLED
IN THE SAME MANNER AS ORIGINAL MEMBERS ARE APPOINTED FOR
THE UNEXPIRED TERM OF ANY MEMBER WHOSE TERM BECOMES