An application for a variance may be made to
the Board of Zoning Appeals only by a person or persons with a contractual
or proprietary interest in the property for which a variance is requested.
[Amended 6-28-2016 by Ord. No. 2016-1]
A.
The Board of Zoning Appeals may grant area or use variances.
(1)
An area variance may be granted to the requirements of §§ 175-14 and 175-15, or the yard and area regulations found in Article X, or the height regulations found in Article XI, or any zoning regulations within the scope of § 175-153A(3).
(2)
A use variance may be granted to the zoning regulations only upon
a showing of undue hardship such that the application of the zoning
regulation(s) to the applicant's property would be likely to deprive
the property of virtually all economic benefit and virtually all use
such that the application of the regulation(s) in the absence of a
variance would likely result in a regulatory taking of the applicant's
property.
B.
Area variance. The Board of Zoning Appeals may grant an area variance
only upon a finding that the strict application of such requirements
would pose a practical difficulty to the owner of the property and
upon a showing that:
(1)
Such difficulty is the result of special conditions and circumstances
not generally shared by other properties in the same zoning district
or in the same neighborhood and is peculiar to the property, structure
or building for which the variance is requested;
(2)
Such difficulty is not the result of or does not arise from conduct
of the applicant or the applicant's predecessor(s) in interest;
(3)
The financial hardship to the applicant as the result of the strict
enforcement of the zoning regulation(s) in question may be considered
by the Board only when such financial hardship is severe and only
when and if the above conditions have been found to exist; the financial
hardship alone cannot serve as a basis for granting an area variance.
C.
Use variance. The Board of Zoning Appeals may grant a use variance to the zoning regulations only upon a showing of undue hardship. Additionally, any use variance granted by the Board of Zoning Appeals shall be in accordance with the general requirements set forth in Subsection D below and subject to any additional requirements imposed pursuant to Subsection E below.
D.
General requirements. The Board of Zoning Appeals shall not grant
a variance unless and until:
(1)
A written application for a variance has been submitted in accordance with § 175-162 of this chapter.
(3)
The Board has considered the application and rendered a decision
in accordance with the following principles and requirements:
(a)
The granting of the variance will be in harmony with the general
purpose and intent of this chapter and will not be injurious to adjacent
property, the character of the neighborhood or the public health,
safety or welfare.
(b)
Such difficulty is not the result of or does not arise from
conduct of the applicant or the applicant's predecessor(s) in interest.
(c)
The condition, situation or intended use of the property concerned
is not of so general or recurring a nature as to make practicable
a general amendment to this chapter.
(d)
The variance granted is the minimum necessary to afford relief.
(e)
That the granting of a variance will not adversely affect water
quality or adversely impact fish, wildlife or plant habitat within
the Critical Area, and that the granting of the variance will be compatible
with the Critical Area Program for Caroline County, the Critical Area
Law and this chapter.
E.
Additional requirements.
(1)
In granting any variance, the Board of Zoning Appeals may also
prescribe additional appropriate conditions and safeguards in conformity
with the chapter.
(2)
No nonconforming use of neighboring lands, structures or buildings
in the same zoning district and no permitted use of lands, structures
or buildings in any other zoning district shall be considered grounds
for granting a variance.
(3)
The application for a variance within the Critical Area shall
also be submitted for review to the Atlantic and Chesapeake Bay Critical
Area Commission at least 14 days prior to the scheduled hearing. A
copy of the findings shall also be submitted to the Commission. If
the application for a variance involves a nonconforming lot of record,
the Board must also find that, due to the pattern of lot ownership,
it is not possible to reconfigure or consolidate lots so as to permit
compliance with the Critical Area Regulations.
[Amended 11-18-2014 by Ord. No. 2014-2]
A.
Variance.
(1)
Definition. A "variance" is a modification of specific regulations
and requirements listed in this chapter granted by the Board of Zoning
Appeals.
(2)
Authority. The Board of Zoning Appeals is authorized to grant
variances where such variances are not contrary to the public interest
and where, owing to conditions peculiar to the property and not the
results of the actions of the applicant, a literal enforcement of
this chapter would result in unnecessary and undue hardship.
(3)
Scope. The Board of Zoning Appeals may grant variances to the
following regulations and requirements:
(a)
Yard, area, or setback requirements.
(b)
Size or height of signs.
(c)
Height, area, or bulk of structures.
(d)
Structures and construction within regulated floodplains in strict accordance with Chapter 108 of this Code.
(e)
Parking space requirements.
(f)
Any other dimensional or similar requirements.
(g)
Critical Area impervious surface cover limits, encroachment
on the Critical Area buffer, or disturbance to steep slopes.
(h)
Streams and stream buffer dimensional and area setback requirements.
B.
Administrative variance.
(1)
Definition. An "administrative variance" is a modification of
specific regulations and requirements listed in this chapter granted
by the Zoning Administrator.
(2)
Authority. The Zoning Administrator is authorized to grant variances
where such variances are not contrary to the public interest and where,
owing to conditions peculiar to the property and not the results of
the actions of the applicant, a literal enforcement of this chapter
would result in unnecessary and undue hardship. Such administrative
variances shall be in conformance with the standards and limits established
in this chapter.
(3)
Scope. The Zoning Administrator may grant administrative variances
to the following regulations and requirements:
C.
Administrative adjustment.
(1)
Definition. An "administrative adjustment" is a modification
of specific regulations and requirements listed in this chapter granted
by the Zoning Administrator.
(2)
Authority. The Zoning Administrator is authorized to grant administrative
adjustments in conformance with the standards and limits established
in this chapter.
A decision of the Board authorizing a variance
shall be void one year from the date of approval unless a plat is
recorded or a zoning certificate and/or building permit is issued
and construction has begun in accordance with the terms of the decision.
Any modification, enlargement or extension of
a variance shall be undertaken only if approved by the Board in the
same manner as for an original application.
If an application for a variance is denied on
merit, no new application for the same variance on the same property
shall be accepted by the Board for one year after the date of the
previous decision.
[Amended 11-18-2014 by 2014-2]
Anything in this chapter to the contrary notwithstanding, the
Zoning Administrator may grant an administrative variance or adjustment
on the application of a person with a contractual or proprietary interest
in a property, under the following terms and conditions:
A.
The applicant must file a written application for the administrative
variance or adjustment with the Zoning Administrator. Such application
must include a specific request for a specific variance or adjustment
and contain sufficient information in the determination of the Zoning
Administrator to give proper notice of the nature and extent of the
variance or adjustment requested and sufficient to enable the Zoning
Administrator to make a determination thereon.
B.
Administrative variances or adjustments may be granted only with respect to matters enumerated in § 175-153 of the chapter that are measured by objective mathematical measurement and only to the extent of not more than a waiver of 33 1/3%, plus or minus, from the specified measurement. In no event may an administrative variance or adjustment be granted in contradiction or violation of any superseding federal, state, or local law.
C.
Upon receipt of an application for an administrative variance or
adjustment, the Zoning Administrator shall make a determination as
to whether the application contains a request for a variance or adjustment
that may be granted pursuant to this section.
D.
If the application is in order, the Zoning Administrator shall notify
all abutting property owners, at the address currently reflected in
the records of the state Department of Assessments and Taxation, and
provide them an opportunity to respond or comment in writing to the
application. Abutting property owners shall have 21 days from the
date of mailing to respond to the Zoning Administrator.
E.
The applicant and/or any abutting property owner may request an informal
hearing on the application before the Zoning Administrator. A request
for an informal hearing must be made by the applicant within five
days after the running of the response period. An abutting property
owner must make such request in the response to the Zoning Administrator
within the original time for responding to the Zoning Administrator.
F.
The Zoning Administrator shall make a determination on the application
within 21 days of the end of the response period or the date of the
informal hearing, whichever is later. If an objection to the application
remains at the conclusion of the response period or informal hearing,
then the Zoning Administrator shall not approve the application. The
applicant may apply to the Board of Zoning Appeals for a variance
in accordance with this chapter.
G.
The Zoning Administrator shall notify the applicant and all abutting
property owners in writing of the decision on the application.
H.
In determining whether to grant an administrative variance or adjustment,
the Zoning Administrator shall consider:
(2)
Administrative variances. In determining whether to grant an
administrative variance, the Zoning Administrator shall be governed
by the same criteria as the Board of Zoning Appeals in accordance
with this chapter. In all other respects, the terms, conditions, limitations,
rights, responsibilities, and requirements with respect to variances
as contained in this chapter shall apply to administrative variances,
with the substitution of "Zoning Administrator" for the terms "Board"
or "Board of Zoning Appeals" as appropriate.
I.
The Zoning Administrator shall have the authority to impose conditions
on any approval of an administrative variance or adjustment.
J.
The Zoning Administrator shall recommend, and the County Commissioners
may adopt by resolution, a fee schedule for administrative variances
and adjustments.
K.
In all other respects, the terms, conditions, limitations, rights,
responsibilities, and requirements with respect to variances as contained
in this chapter shall apply to administrative variances, with the
substitution of "Zoning Administrator" for the terms "Board" or "Board
of Zoning Appeals" as appropriate.
