2354
LAWS OF MARYLAND
Ch. 857
carry out the purposes of this article, special
exceptions and variances to the provisions of the zoning
regulations in harmony with their general purposes and
intent. The decisions of the administrative office or
agency in Montgomery County shall be subject to an appeal
to either the board of appeals or other administrative
body as may be designated by the district council and the
appeal shall follow that procedure which may from time to
time be determined by the district council. The district
council also may authorize the board of zoning appeals to
interpret the zoning maps or pass upon disputed questions
of lot lines or district boundary lines or similar
questions as they arise in the administration of the
regulations.
(B) IN MONTGOMERY COUNTY, NOTWITHSTANDING ANY
PROVISION IN ARTICLE 25A, SECTION 5(U), OF THE ANNOTATED
CODE TO THE CONTRARY, A DECISION BY THE COUNTY BOARD OF
APPEALS ON APPLICATIONS FOR ZONING VARIATIONS OR
EXCEPTIONS MAY BE APPEALED WITHIN 30 DAYS BY ANY PERSON,
MUNICIPALITY, CORPORATION, OR ASSOCIATION, WHETHER OR NOT
INCORPORATED, WHICH HAS APPEARED AT THE HEARING IN
PERSON, BY ATTORNEY, OR IN WRITING, TO THE CIRCUIT COURT
FOR THE COUNTY, WHICH MAY AFFIRM OR REVERSE THE DECISION
APPEALED FROM OR REMAND IT TO THE BOARD FOR FURTHER
CONSIDERATION FOR ANY REASON, OR DISMISS THE APPEAL AS
PROVIDED BY LAW. ANY PARTY TO THE PROCEEDINGS IN THE
CIRCUIT COURT MAY APPEAL FROM SUCH DECISION TO THE COURT
OF SPECIAL APPEALS. THE REVIEW PROCEEDINGS PROVIDED BY
THIS SECTION ARE EXCLUSIVE.
8-111.
(b) Upon appeals, the board of zoning appeals has
the following powers:
(2) To hear and decide, in accordance with
the provisions of the regulations enacted by the district
council, requests for special exceptions or map
interpretations or for decisions upon permits for
extensions, substitutions, restorations, reinstatements,
or reconstructions of lawful nonconforming uses or other
special questions upon which the board of zoning [appeal]
APPEALS is required or authorized by the zoning
regulations to pass.
8-113.
The zoning regulations [heretofore] duly and validly
enacted by the County Commissioners of Montgomery and
Prince George's counties and in force on May 24, 1939,
including the maps which at that date accompanied and
were a part of the regulations shall be deemed to have
been made, enacted, and in force under this title and
shall continue in force and effect until THEY are amended
by the district councils respectively as authorized by
this title.
|
|