WILLIAM DONALD SCHAEFER, Governor                    Ch. 509

Article - Transportation

5-81.5.

(a)  Subject to the provisions of this subtitle, the Board
of Appeals may grant specific variances from noise zone
regulations adopted under this part, if the design of a proposed
structure or the repair, replacement, or change of a structure or
use of land provides for sound insulation adequate to insure that
interior noise levels resulting from airport operations will not
exceed those levels that would occur if the structure or land use
were outside of the noise zone.

(b)  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)  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.

(d)  When reviewing a request for a variance under the
airport noise zone regulations, the Board shall consider any
FACTS AND CIRCUMSTANCES RELEVANT TO THE REQUEST FOR VARIANCE,
INCLUDING ANY testimony or evidence presented regarding POSSIBLE
IMPACTS ON THE SURROUNDING COMMUNITY OF THE GRANT OR DENIAL OF
THE PROPOSED VARIANCE [the impact of the proposed variance upon
the surrounding community].

5-821.

(a) Unless a person has an appropriate permit issued by the
Administration, the person may not, in a noise zone established
under this part:

(1)  Establish or construct any new structure;

(2)  Make any new use of any existing structure or
land; or

(3)  Substantially alter any existing structure or use
of land.

(B) NOTWITHSTANDING SUBSECTION (A) OF THIS SECTION, THE
ADMINISTRATION MAY NOT REQUIRE ANY PERSON TO OBTAIN A PERMIT TO
CONSTRUCT AN ADDITION TO A RESIDENTIAL STRUCTURE IN A NOISE ZONE
ESTABLISHED UNDER THIS PART, IF:

(1) THE RESULTANT IMPROVED STRUCTURE RETAINS THE SAME
NUMBER OF FAMILY DWELLING UNITS; AND

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