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§ 5-815. Authority of Board to grant variances

West's Annotated Code of MarylandTransportation

West's Annotated Code of Maryland
Transportation
Title 5. Aviation (Refs & Annos)
Subtitle 8. Noise Zone Regulations (Refs & Annos)
Part III. Local Regulations
MD Code, Transportation, § 5-815
§ 5-815. Authority of Board to grant variances
Variances allowed for sufficiently insulated structures
(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.
Application for variance
(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.
Conditions for variance
(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.
Factors to consider for variance
(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.

Credits

Added by Acts 1977, c. 13, § 2, eff. July 1, 1977. Amended by Acts 1981, c. 545; Acts 1989, c. 509, § 1.
Formerly Art. 1A, § 8-803.
MD Code, Transportation, § 5-815, MD TRANS § 5-815
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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