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MARVIN MANDEL, Governor 225
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(1) TO HEAR AND DECIDE APPEALS IN ALL CASES
IN WHICH IT IS ALLEGED THAT THERE IS ERROR IN ANY
DECISION OF THE POLITICAL SUBDIVISION OR ITS
ADMINISTRATIVE AGENCY IN THE ENFORCEMENT OF THIS PART OR
OF ANY ORDINANCE OR OTHER LEGISLATION ADOPTED UNDER THIS
PART; AND
(2) TO HEAR, DECIDE, AND, IN PROPER CASES,
GRANT SPECIFIC VARIANCES FROM NOISE ZONE REGULATIONS
ADOPTED UNDER THIS PART, SUBJECT TO §5-815 OF THIS
SUBTITLE.
(B) USE OF EXISTING ZONING BOARD OF APPEALS.
A ZONING BOARD OF APPEALS OF THE POLITICAL
SUBDIVISION MAY BE DESIGNATED AS THE BOARD OF APPEALS.
IN ALL OTHER CASES, SUBSECTION (C) OF THIS SECTION
APPLIES.
(C) COMPOSITION; TENURE; REMOVAL; VACANCIES.
(1) EXCEPT AS PROVIDED IN SUBSECTION (B) OF
THIS SECTION, THE BOARD OF APPEALS SHALL CONSIST OF FIVE
APPOINTED MEMBERS.
(2) EACH MEMBER OF THE BOARD OF APPEALS
SERVES FOR A TERM OF 4 YEARS AND UNTIL HIS SUCCESSOR IS
APPOINTED AND QUALIFIES. HOWEVER, OF THE ORIGINAL
APPOINTEES, ONE IS TO SERVE A 1-YEAR TERM, ONE IS TO
SERVE A 2-YEAR TERM, ONE IS TO SERVE A 3-YEAR TERM, AND
TWO ARE TO SERVE A 4-YEAR TERM.
(3) ON WRITTEN CHARGES AND AFTER A PUBLIC
HEARING, THE RESPECTIVE APPOINTING AUTHORITY MAY REMOVE
ANY MEMBER OF THE BOARD OF APPEALS FOR CAUSE.
(4) A MEMBER APPOINTED TO FILL A VACANCY IN
AN UNEXPIRED TERM SERVES ONLY FOR THE REMAINDER OF THAT
TERM.
(D) ADMINISTRATIVE DUTIES OF BOARD.
(1) THE BOARD OF APPEALS SHALL ADOPT RULES
AND REGULATIONS IN ACCORDANCE WITH ANY ORDINANCE ADOPTED
UNDER THIS SUBTITLE.
(2) MEETINGS OF THE BOARD SHALL BE HELD AT
THE CALL OF THE CHAIRMAN AND AT ANY OTHER TIME THAT THE
BOARD DETERMINES. ALL MEETINGS OF THE BOARD SHALL BE
OPEN TO THE PUBLIC.
(3) THE. BOARD SHALL KEEP MINUTES OF ITS
PROCEEDINGS, SHOWING THE ABSENCE, VOTE, OR FAILURE TO
VOTE OF EACH MEMBER ON EACH QUESTION, AND RECORDS OF ITS
EXAMINATIONS AND OTHER OFFICIAL ACTIONS. THESE MINUTES
AND RECORDS SHALL BE FILED IMMEDIATELY IN THE OFFICE OF
THE BOARD AND SHALL BE A PUBLIC RECORD.
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