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PARRIS N. GLENDENING, Governor
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Ch. 426
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6.02. Control of development in bed of mapped streets.
(A) [From and after the recording of any] EXCEPT AS PROVIDED IN
SUBSECTION (B) OF THIS SECTION, AFTER RECORDING A street plat approved by the
local legislative body[, as provided in] UNDER § 6.01 of this [article, no permit shall
be issued for any development on] SUBTITLE, A LOCAL JURISDICTION MAY NOT
ISSUE A PERMIT TO DEVELOP any part of the land between the lines of a proposed
street as [thus platted; provided, however, that the] PLATTED.
(B) (1) THE board of zoning appeals of the LOCAL jurisdiction [in which the
location of such] WHERE A platted street [lies,] IS LOCATED, or a special board of
appeals [which may be] created for the purpose [of] BY the local legislative [body of
the jurisdiction, shall have the power, upon an] BODY, MAY GRANT A PERMIT TO
DEVELOP A PLATTED STREET:
(I) ON AN appeal filed [with it] by the owner of [any such] THE
land ON WHICH THE STREET IS LOCATED [and by]; AND
(II) BY a vote of a majority of [its] THE members [,] OF THE BOARD
OF ZONING APPEALS OR THE SPECIAL BOARD OF APPEALS [to grant a permit for a
development in such platted street location in any case in which such].
(2) IN ORDER TO GRANT A PERMIT FOR DEVELOPMENT, THE board
[finds, upon] OF ZONING APPEALS OR THE SPECIAL BOARD OF APPEALS MUST FIND,
FROM the evidence and arguments presented [to it upon such appeal:] ON APPEAL,
THAT:
[(a)] (I) [that the] THE entire property of the appellant, of which [such] THE
reserved street location forms a part, cannot yield a reasonable return to the owner
unless [such permit be] THE PERMIT IS granted; and
[(b)] (II) [that, balancing] AFTER BALANCING the interest of the [county or
municipal corporation] LOCAL JURISDICTION in preserving the integrity of [such]
THE street plat and [of] the municipal plan and the interest of the owner of the
property in the use of [his] THE property and in the benefits of [the] PROPERTY
ownership [thereof], the grant of [such] THE permit is required by [consideration
of] reasonable justice and equity.
(3) (I) Before taking [any such action] ACTION, the board of ZONING
appeals OR THE SPECIAL BOARD OF APPEALS shall [give] HOLD a hearing at which
the parties in interest shall have an opportunity to be heard.
(II) At least [fifteen (15) days' notice of the time and place of such
hearing shall be given to the appellant by mail at the address specified by the
appellant in his appeal petition and shall be published in a newspaper of general
circulation in the jurisdiction] 15 DAYS BEFORE THE HEARING, THE BOARD OF
ZONING APPEALS OR THE SPECIAL BOARD OF APPEALS SHALL:
1. MAIL TO THE APPELLANT, AT THE ADDRESS SPECIFIED IN
THE APPEAL PETITION, NOTICE OF THE TIME AND PLACE OF THE HEARING; AND
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