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 variance from the terms of this chapter shall not be granted by the Board of Appeals unless and until:
A written application for a variance is submitted.
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]
Determination of the following after a hearing:
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.
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.
The special conditions and circumstances do not result from the actions of the applicant.
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.
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.
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.
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.
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.