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§ 22-403. Special exceptions and variances

West's Annotated Code of MarylandLand UseEffective: December 14, 2022

West's Annotated Code of Maryland
Land Use (Refs & Annos)
Division II. Maryland-National Capital Park and Planning Commission [Titles 14-27] (Refs & Annos)
Title 22. Zoning (Refs & Annos)
Subtitle 4. Judicial Review (Refs & Annos)
Part I. Montgomery County (Refs & Annos)
Effective: December 14, 2022
MD Code, Land Use, § 22-403
§ 22-403. Special exceptions and variances
Currentness
From board of appeals
(a)(1) Notwithstanding § 10-305 of the Local Government Article, judicial review of a decision by the board of appeals on an application for a zoning variance or special exception may be requested by any person or municipal corporation that appeared at the hearing in person, by attorney, or in writing.
(2) A petition for judicial review shall be filed in the Circuit Court for Montgomery County within 30 days after the decision by the board.
(3) The court may:
(i) affirm or reverse the action;
(ii) for any reason, remand the action to the board for further consideration; or
(iii) dismiss the petition.
(4) Any party to the proceeding in the circuit court may appeal from the judgment of the court to the Appeallate Court of Maryland.
Exclusivity of review proceedings
(b) The review proceedings provided by this section are exclusive.

Credits

Added by Acts 2012, c. 426, § 2, eff. Oct. 1, 2012. Amended by Acts 2013, c. 136, § 1, eff. Oct. 1, 2013; Acts 2021, c. 82, § 7, eff. Dec. 14, 2022; Acts 2021, c. 83, § 7, eff. Dec. 14, 2022.
MD Code, Land Use, § 22-403, MD LAND USE § 22-403
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document