Ch. 580

LAWS OF MARYLAND

(A) NO REAL PROPERTY FOR WHICH A SPECIFIC VARIANCE HAS BEEN
GRANTED BY THE BOARD UNDER SUBTITLE 8 OF THIS TITLE, AND OR THAT
IS ENCUMBERED BY AN AVIGATION EASEMENT GRANTED TO THE
ADMINISTRATION, MAY BE SELECTED FOR PARTICIPATION IN THE PILOT
PROGRAM ESTABLISHED BY § 5-1204 OF THIS SUBTITLE.

(B) THE BOARD MAY NOT GRANT ANY VARIANCE UNDER SUBTITLE 8
OF THIS TITLE FROM NOISE ZONE REGULATIONS FOR ANY PROPOSED
RESIDENTIAL OR EDUCATIONAL USE OF REAL PROPERTY DURING THE PERIOD
THAT THE PILOT PROGRAM ESTABLISHED BY § 5-1204 OF THIS SUBTITLE
IS IN OPERATION.

(C) "HARDSHIP" MEANS:

(1) ECONOMIC HARDSHIP;

(2) PHYSICAL HARDSHIP, INCLUDING ANY MENTAL OR

PHYSICAL HEALTH IMPAIRMENTS; OR

(3) ANY OTHER EXTENUATING CIRCUMSTANCE DEEMED TO BE A
HARDSHIP BY THE SECRETARY OR THE SECRETARY'S DESIGNEE.

5-825.

(A) THERE IS AN AIRPORT NOISE ZONE ACQUISITION FUND

ESTABLISHED AS A NONLAPSING, REVOLVING FUND FOR CARRYING OUT THE

PROVISIONS OF THIS SECTION.

(B) THE FUND CONSISTS OF REVENUES DERIVED FROM THE ISSUANCE
AND SALE OF GENERAL OBLIGATION BONDS, AUTHORIZED BY A RESOLUTION
OF THE BOARD OF PUBLIC WORKS AND ISSUED, SOLD, AND DELIVERED IN
ACCORDANCE WITH §§ 8-117 THROUGH 8-124 OF THE STATE FINANCE AND
PROCUREMENT ARTICLE AND ARTICLE 31, § 22 OF THE CODE.

(C) THE GENERAL ADMINISTRATION AND RESPONSIBILITY FOR THE
PROPER OPERATION OF THE AIRPORT NOISE ZONE ACQUISITION FUND IS
VESTED IN THE SECRETARY OR THE SECRETARY'S DESIGNEE.

(D) WHEN THE OWNER OF PROPERTY WITHIN THE 65-75 LDN NOISE
ZONE PRESENTS A HARDSHIP, THE SECRETARY, OR THE SECRETARY'S
DESIGNEE SHALL USE THE AIRPORT NOISE ACQUISITION FUND FOR
THE PURCHASE OF PROPERTY WITHIN THE AIRPORT NOISE ZONE.

(E) WHENEVER THE SECRETARY OR THE SECRETARY'S DESIGNEE
DETERMINES THAT A HARDSHIP DOES NOT EXIST, THE OWNER OF PROPERTY
LOCATED IN THE NOISE ZONE MAY APPEAL THE DECISION TO THE AIRPORT
ZONING BOARD.

(F) THE AIRPORT ZONING BOARD SHALL HAVE FULL DISCRETTION IN
REVIEWING THE APPEALS MADE BY THE PROPERTY OWNERS.

5-826.

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