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6-13 PROCEDURES ~ 6.03[1] which a land use proceeding is conducted. In practice, these proceedings are guided more by the hour of the day, the length of the docket, and the varying dispositions of the lay members of zoning boards. Despite these qualifications, if the right to cross-examination exists, it is not satisfied by allowing the applicant to call a person as a hostile witness after the opposition has concluded direct testimo- ny.66 In addition, a requirement that the applicant ask questions only through the zoning board is unjustifiable.67 Research Reference: For further discussion, see Rathkopf, The Law of Zoning and Planning ch. 37. ~ 6.03 Area and Use Variances [1] Generally Section 7 of the Standard State Zoning Enabling Act provides that a board of adjustment has the power68 to authorize upon appeal in special cases such variance from the terms of the ordinance, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provision of the ordinance will result in unnecessary hardship; and so that the spirit of the ordinance shall be observed and substantial justice done. A variance is defined as an authorization for construction or maintenance of a building or structure or for the establishment or maintenance of a use of land which is prohibited by a zoning ordinance.69 The definition incorporates two separate types of variances: area variance and use variance. The former allows construction or maintenance of a building where the natural character or condition of the property would otherwise prevent construction in conformance with the applicable ordinance. In this regard, area variances involve such matters as setback lines, frontage 66 Somerset v. Montgomery County Bd. of Appeals, 245 Md. 52, 225 A.2d 294 (1967). 67 E.g., Wadell v. Board of Zoning Appeals, 136 Conn. 1,68 A.2d 152 (1949); E & E Hauling, Inc. v. County of DuPage, 77 Ill. App. 3d 1017,396 N.E.2d 1260 (1979). 68 Sometimes called the board of zoning appeals. See infra ~ 4.04[11-121. 69 See generally 3A Rathkopf, The Law of Zoning and Planning ~ 38.01 (4th ed. 1984). (Release #5, 2/91)