A. 
The Board of Zoning Appeals may authorize, upon application, variances from this chapter. Such granting of a variance shall comply, as nearly as possible, in every respect to the spirit, intent and purpose of this chapter and sound floodplain management, it being the purpose of this provision to authorize the granting of a variance only for reasons of unwarranted hardship as distinguished from variations sought by the applicant for purposes of convenience, profit or caprice.
B. 
The Board shall maintain a record of all variance procedures which shall be available for review by FEMA. In order to grant a variance, the Board must find:
(1) 
That there is a good and sufficient cause for granting the variance.
(2) 
That the failure to grant a variance would result in exceptional hardship (not economic) to the applicant.
(3) 
That the granting of the variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances or cause fraud or victimization of the public.
(4) 
That any variance, including the placement of fill which encroaches the floodway, will not result in any increase in the one-hundred-year flood levels.
(5) 
That the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) 
That the Board has received comments from the Department of Natural Resources, Water Resources Administration, State Coordinating Office.
(7) 
That no new buildings will be constructed in the floodway.
(8) 
That in the coastal high hazard area no fill for structural support is proposed.
(9) 
For functionally dependent use, that there is sufficient proof that the structure cannot perform its intended function unless it is located in close proximity to the water and may require wet floodproofing which allows the structure to flood without significant damage.
(10) 
That in reconstruction or restoration of historic structures, the variance is the minimum necessary for the structure to retain its listing on the Historic Register, Inventory or Survey.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Conditions. In the granting of variances, appeals and conditional uses, the Board may limit the approval by such conditions as the case may require, including but not limited to:
(1) 
That a record of the variance and any conditions are recorded with the Clerk of the Circuit Court.
(2) 
That a letter shall be sent to the applicant which explains the increased risk to life and property as a result of the variance and that the premium rates for national flood insurance may increase.
D. 
Fees. The County Commissioners shall establish a schedule of fees and a collection procedure for variances and permits pertaining to this chapter. The schedule of fees shall be available in the Planning Office and may be amended only by the County Commissioners. Upon application, the Commissioners may waive any fees.
A. 
It shall be the duty of the Planning Office to enforce the provisions of this chapter and to refuse to issue any permit or approve any development which would violate the provisions of this chapter. It shall be the duty of all officers and employees of Kent County to assist the Planning Office by reporting any seeming violations of this chapter.
B. 
The Planning Office is authorized and directed to institute any appropriate action to correct violations of this chapter.
A. 
It shall be unlawful to erect, construct, reconstruct, alter, repair, convert, fill or maintain a building or structure or use any property in violation of this chapter.
B. 
Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this chapter shall be declared by the Kent County Planning Office to be a public nuisance and abatable as such.
C. 
The Federal Insurance Administrator and the Maryland Water Resources Administration shall be notified immediately, in writing, of any structure or property in violation of this chapter.
D. 
New or renewal national flood insurance shall be denied for any structure remaining in violation or situated on property in violation of this chapter.
A. 
Any violation of this chapter shall be considered a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) months, or both.
B. 
Each day during which any violation of this chapter continues shall constitute a separate offense.
C. 
The imposition of a fine or penalty for any violation or a noncompliance with this chapter shall not excuse the violation or noncompliance or permit it to continue, and all such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time.