For the purposes of this chapter, a variance
shall mean a modification only of density, bulk or area requirements
in this chapter where the modification will not be contrary to the
public interest and where, owing to conditions peculiar to the property
and not the results of any action taken by the applicant, a literal
enforcement of this chapter would result in unnecessary hardship.
[Amended 12-13-1982 by Ord. No. 12-82]
A.
A variance from the terms of this chapter shall not
be granted by the Board of Appeals unless and until:
(1)
A written application for a variance is submitted.
(a)
Said application shall be reviewed by the Taneytown Planning
and Zoning Commission, prior to the public hearing held by the Board
of Appeals, for the purposes of giving advisory comments and recommendations
thereon.
[Added 11-13-2017 by Ord.
No. 13-2017]
(2)
Determination of the following after a hearing:
(a)
Special conditions and circumstances exist which
are peculiar to the land, structure or building involved and which
are not applicable to other lands, structures or buildings in the
same district.
(b)
The literal interpretation of the provisions
of this chapter would deprive the applicant of rights commonly enjoyed
by other properties in the same district under the terms of this chapter.
(c)
The special conditions and circumstances do
not result from the actions of the applicant.
(d)
Granting the variance requested will not confer
on the applicant any special privilege that is denied by this chapter
to other lands, structures or buildings in the same district.
B.
No nonconforming use of neighboring lands, structures
or buildings in the same district, and no permitted or nonconforming
use of lands, structures or buildings in other districts, shall be
considered grounds for the issuance of a variance.
C.
The Board of Appeals shall make a finding that the
reasons set forth in the application justify the granting of the variance
and that the variance is the minimum variance that will make possible
the reasonable use of the land, building or structure.
D.
The Board of Appeals shall make a finding that the
granting of the variance will be in harmony with the general purpose
and intent of this chapter and will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
E.
In granting any variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of these conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation of this chapter and punishable under § 205-90.
