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PARRIS N. GLENDENING, Governor
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Ch. 426
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4. THE RECORDS OF THE BOARD OF MUNICIPAL AND ZONING
APPEALS SHALL BE OPEN TO THE PUBLIC.
(c) (1) The [Board of Zoning Appeals shall have the following powers]
BOARD OF MUNICIPAL AND ZONING APPEALS MAY:
[(1)] (I) [lb hear] HEAR and decide appeals [where] IF it is alleged
THAT there [is] WAS an error in any order, requirement, decision, or determination
made by an administrative official in the enforcement of this article or of any
ordinance adopted [pursuant thereto.] UNDER THIS ARTICLE;
[(2)] (II) [To hear] HEAR and decide special exceptions to the terms of
[the] AN ordinance [upon] ON which the [Board] BOARD is required to [pass] ACT
under [such ordinance. Nothing in this section shall be construed to prevent the
Mayor and City Council of Baltimore from granting variances, special exceptions, or
conditional uses by ordinance, when so authorized by the general zoning ordinance of
Baltimore City.] THE ORDINANCE;
[(3)] (III) [lb authorize upon] AUTHORIZE, ON appeal in specific [cases]
CASES, a variance from the terms of [the ordinance.] AN ORDINANCE;
[(4)] (IV) [To approve] APPROVE buildings [,] and uses limited as to
location [under such rules and regulations as may be provided] by ANY REGULATION
ADOPTED UNDER AN ordinance [of the local legislative body] PASSED BY THE CITY
COUNCIL; and
[(5)] (V) [To take into consideration, as a factor] CONSIDER, when acting
[upon] ON a zoning application, the availability of schools and other public facilities
in the area, including flood plain facilities, under [rules and] regulations [provided
by] ADOPTED UNDER A CITY [ordinance of the local legislative body] ORDINANCE.
(2) IF OTHERWISE AUTHORIZED BY THE GENERAL ZONING ORDINANCE
OF BALTIMORE CITY, THIS SECTION DOES NOT PREVENT THE MAYOR AND CITY
COUNCIL OF BALTIMORE FROM GRANTING VARIANCES, SPECIAL EXCEPTIONS, OR
CONDITIONAL USES BY ORDINANCE.
(d) (1) Appeals to the [Board of Zoning Appeals] BOARD OF MUNICIPAL AND
ZONING APPEALS may be [taken by any] FILED BY:
(I) ANY person aggrieved BY A DECISION OF THE ADMINISTRATIVE
OFFICER; or
(II) [by any] ANY officer, department, [board] BOARD, or bureau of
the City of Baltimore affected by any decision of the administrative officer.
(2) [Such] A PERSON FILING AN APPEAL WITH THE BOARD OF
MUNICIPAL AND ZONING APPEALS SHALL FILE THE appeal [shall be taken] within a
reasonable time, as provided by the rules of the [Board, by filing] BOARD.
(3) (I) A PERSON FILING AN APPEAL WITH THE BOARD OF MUNICIPAL
AND ZONING APPEALS SHALL FILE with the ADMINISTRATIVE officer from whom the
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- 2305 -
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