A.
A person may request a variance from this chapter or the requirements
of Natural Resources Article, §§ 5-1601 through 5-1612,
Annotated Code of Maryland, if the person demonstrates that enforcement
would result in unwarranted hardship to the person.
B.
An applicant for a variance shall:
(1)
Describe the special conditions peculiar to the property which would
cause the unwarranted hardship;
(2)
Describe how enforcement of these rules will deprive the applicant
of rights commonly enjoyed by others in similar areas;
(3)
Verify that the granting of the variance will not confer on the applicant
a special privilege that would be denied to other applicants;
(4)
Verify that the variance request is not based on conditions or circumstances
which are the result of actions by the applicant;
(5)
Verify that the request does not arise from a condition relating
to land or building use, either permitted or nonconforming, on a neighboring
property; and
(6)
Verify that the granting of a variance will not adversely affect
water quality.
D.
Notice of a request for a variance shall be given to the Department
of Natural Resources within 15 days of receipt of a request for a
variance.
E.
There is established by this chapter the right and authority of the
Department of Natural Resources to initiate or intervene in an administrative,
judicial or other original proceeding or appeal in the state concerning
an approval of a variance under Natural Resources Article, §§ 5-1601
through 5-1612, Annotated Code of Maryland, or this chapter.
A.
Aggrieved parties may appeal the Department's decision to grant
a variance to the Town Board of Commissioners within 30 days of the
decision.
B.
Procedures.
(1)
The aggrieved party shall submit a written request to the Town Commissioners
requesting review of the Department's decision.
(2)
A public hearing shall be scheduled before the Town Commissioners;
public notice shall be placed in a local paper for two consecutive
weeks; the subject property will be posted 10 days prior to the hearing
date.
(4)
Town Commissioners approve or deny the request. The Town Commissioners
may table the matter for further discussion or to gather additional
information. In any case, a decision shall be rendered within 60 days
of the first hearing date, unless an extension is agreed upon by all
parties involved.
(5)
If approved, the variance becomes effective 10 days after the Town
Commissioners' approval.
(6)
Aggrieved parties may appeal the Town Commissioners' decision
to the Circuit Court within 30 days of the decision.
