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Ch. 13
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228
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LAWS OF MARYLAND
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LEVELS THAT MOULD OCCUR IF THE STRUCTURE OR LAND USE WERE
OUTSIDE OF THE NOISE ZONE.
(B) APPLICATION.
ANY PERSON WHO DESIRES TO USE HIS PROPERTY IN A
MANNER PROHIBITED BY A NOISE ZONE REGULATION ADOPTED
UNDER THIS PART MAY APPLY TO THE BOARD FOR A VARIANCE
FROM THE REGULATION.
(C) CONDITIONS ON VARIANCE.
THE BOARD MAY CONDITION ANY VARIANCE SO AS TO
REQUIRE THE OWNER OF ANY STRUCTURE OR LAND USE TO WHICH
THE VARIANCE APPLIES TO CONSTRUCT THE PROPOSED STRUCTURE
OR TO REPAIR, REPLACE, OR CHANGE THE STRUCTURE OR USE OF
LAND AT HIS EXPENSE IN A WAY THAT MEETS THE REQUIREMENTS
OF SUBSECTION (A) OF THIS SECTION.
REVISOR'S NOTE: Subsections (a) and (c) of this
section are new language derived without
substantive change from the last part of Art.
1A, §8-803(d)(2).
Subsection (b) of this section is new language
added for clarity and patterned after the
similar provisions of §5—614(b) of this title.
5-816. JUDICIAL REVIEW.
(A) RIGHT OF APPEAL.
THE ADMINISTRATION, ANY AGGRIEVED PERSON, ANY
TAXPAYER, OR ANY OFFICER OR AGENCY OF THE POLITICAL
SUBDIVISION MAY APPEAL FROM A DECISION OF THE BOARD OF
APPEALS TO A COURT OF COMPETENT JURISDICTION.
(B) TAKING EVIDENCE; REPORT OF COMMISSIONER.
IF, AT THE HEARING, IT APPEARS TO THE COURT THAT
TESTIMONY IS NECESSARY FOR THE PROPER DISPOSITION OF THE
MATTER, THE COURT MAY TAKE EVIDENCE OR APPOINT A
COMMISSIONER TO TAKE THE EVIDENCE THAT THE COURT DIRECTS
AND REPORT TO THE COURT WITH HIS FINDINGS OF FACT AND
CONCLUSIONS OF LAW. THESE FINDINGS AND CONCLUSIONS
CONSTITUTE A PART OF THE PROCEEDINGS ON WHICH THE
DETERMINATION OF THE COURT SHALL BE MADE.
(C) REVERSING, AFFIRMING, OR MODIFYING DECISION.
THE COURT MAY:
(1) REVERSE, AFFIRM, OR MODIFY THE DECISION
BROUGHT UP FOR REVIEW; AND
(2) IF NECESSARY, ORDER FURTHER PROCEEDINGS
BY THE BOARD OF APPEALS.
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