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Ch. 13
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192
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LAWS OF MARYLAND
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THE BOARD SHALL SIT IN PANELS AS FOLLOWS:
(1) IF AN APPLICATION FOR A VARIANCE OR AN
APPEAL TO THE BOARD CONCERNS PROPERTY LOCATED IN ANNE
ARUNDEL COUNTY, THE BOARD PANEL SHALL CONSIST OF ALL
MEMBERS EXCEPT THOSE WHO ARE FROM BALTIMORE COUNTY; AND
(2) IF AN APPLICATION FOR A VARIANCE OR AN
APPEAL TO THE BOARD CONCERNS PROPERTY LOCATED IN
BALTIMORE COUNTY, THE BOARD PANEL SHALL CONSIST OF ALL
MEMBERS EXCEPT THOSE WHO ARE FROM ANNE ARUNDEL COUNTY.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 1A,
§8-802(e).
In subsection (g) of this section, reference
is added to an "application for a variance" to
cover procedures under §5-507 of this subtitle
as well as appeals.
The Commission urges that the broad and,
hence, ambiguous reference in subsection (f)
of this section to "Subtitle 6" be revised to
indicate just which of the many provisions of
that subtitle are "applicable" and intended to
be incorporated in this section. The present
reference is so broad that the Commission is
unsure that it could do so properly in this
revision without effecting an unintended
substantive change.
5-507. SAME—-GRANT OF VARIANCES.
(A) POWER TO GRANT.
IN A CASE OF PRACTICAL DIFFICULTY OR UNNECESSARY
HARDSHIP, THE BOARD, AFTER PUBLIC NOTICE AND HEARING, MAY
GRANT A SPECIFIC VARIANCE FROM THE AIRPORT ZONING
REGULATIONS ADOPTED UNDER THIS SUBTITLE.
(B) APPLICATION.
ANY PERSON WHO DESIRES TO USE HIS PROPERTY IN A
MANNER PROHIBITED BY AN AIRPORT ZONING REGULATION ADOPTED
UNDER THIS SUBTITLE MAY APPLY TO THE BOARD FOR A VARIANCE
FROM THE REGULATION.
(C) BOARD TO ACT AS A FACT FINDING BODY;
CONSIDERATIONS.
ON APPLICATION FOR A VARIANCE, THE BOARD SHALL ACT
AS A FACT FINDING BODY AND, AMONG OTHER THINGS, SHALL
CONSIDER:
(1) THE RULES, REGULATIONS, RESTRICTIONS,
GUIDES, AND STANDARDS SET FORTH IN THIS SUBTITLE AND IN
THE AIRPORT ZONING REGULATIONS THAT THE ADMINISTRATION
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