ZONING AND PLANNING. 871
In case, however, of a protest against such change, signed by the owners
of 20 per cent or more either of the area of the lots included in such pro-
posed change, or of those immediately adjacent in the rear thereof extend-
ing 100 feet therefrom, or of those directly opposite thereto extending 100
feet from the street frontage of such opposite lots, such amendment shall
not become effective except by the favorable vote of three-fourths of all
the members of the legislative body of such municipality. The provisions
of the previous section relative to public hearings and official notice shall
apply equally to all changes or amendments.
This section applied in. sustaining validity of ordinance of Baltimore City
passed by majority vote of Council, as protestant did not meet the requirements
as to area or distance. Montebello Laud Co. v. Novak Eealty Co.., 167 Md. 185.
See sec. 21.
1927, ch. 705. sec. 6.
6. Zoning Commission. In order to avail itself of the powers con-
ferred by this Article, such legislative body shall appoint a commission, to
be known as the Zoning Commission, to recommend the boundaries of the
various original districts and appropriate regulations to be enforced there-
in. Such commission shall make a preliminary report and hold public
hearings thereon before submitting its final report, and such legislative
body shall not hold its public hearings or take action until it has received
the final report of such commission. Where a Board of Zoning Appeals
already exists, it may be appointed as the Zoning Commission.
1927. ch. 705, sec. 7. 1935, ch. 4-18.
7. Board of Zoning Appeals. Such local legislative body may pro-
vide for the appointment of a Board of Zoning Appeals, and in the regula-
tions and restrictions adopted pursuant to the authority of this Article may
provide that the said Board of Zoning Appeals may, in appropriate cases'
and subject to appropriate conditions and safeguards, make special excep-
tions to the terms of the ordinance in harmony with its general purpose
and intent and in accordance with general or specific rules therein con-
tained.
The Board of Zoning Appeals shall consist of five members and they
shall be appointed for a term of four years, but of the first appointed
members one shall be appointed for a term of one year, one for a term of
two years, one for a term of three years and one for a term of four years.
Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant. The members of the Board of Zoning Appeals shall
be removable for cause by the appointing authority upon written charges
and after public hearing.
The board shall adopt rules in accordance with the provisions of any
ordinance adopted pursuant to this Article. Meetings of the board shall
be held at the call of the chairman and at such other times as the board
may determine. Such chairman, or in his absence the acting chairman,
may administer oaths and compel the attendance of witnesses. All meet-
ings of the board shall be open to the public. The board shall keep min-
utes of its proceedings, showing the vote of each member upon each ques-
|