A.
The Caroline County Board of Zoning Appeals shall have the power
to consider and authorize or deny variances from the strict application
of the requirements of this chapter. A variance shall be approved
only if it is determined not to be contrary to the public interest
and where, owing to special conditions of the lot or parcel, a literal
enforcement of the provisions of this chapter would result in an unnecessary
hardship.
B.
Upon consideration of the purposes of this chapter, the individual
circumstances, and the considerations and limitations of this section,
the Board of Zoning Appeals may attach such conditions to variances
as it deems necessary to further the purposes of this chapter.
C.
The Board of Zoning Appeals shall notify any applicant to whom a
variance is granted to construct or substantially improve a building
or structure with its lowest floor below the elevation required by
this chapter that the variance is to the floodplain management requirements
of this chapter only, and that the cost of federal flood insurance
will be commensurate with the increased risk.
A.
The owner of property, or the owner's authorized agent, for
which a variance is sought shall submit an application for a variance
to the Floodplain Administrator.
B.
At a minimum, the application shall contain the following information: name, address, and telephone number of the applicant and property owner; legal description of the property; parcel map; description of the existing use; description of the proposed use; site map showing the location of the special flood hazard areas, designated floodway boundaries, flood zones, base flood elevations, and flood protection setbacks; description of the variance sought; and reason for the variance request. Variance application shall specifically address each of the considerations in § 108-46.
C.
If the application is for a variance to allow the lowest floor (A
Zones) or bottom of the lowest horizontal structural member (Coastal
A Zones) of a building or structure below the applicable minimum elevation
required by this chapter, the application shall include a statement
signed by the owner that, if granted, the conditions of the variance
shall be recorded on the deed of the property.
D.
If the application is for a variance for an historic structure pursuant to § 108-24 of this chapter, the application shall contain documentation that the proposed work does not preclude the structure's continued eligibility and designation as a historic structure. The documentation shall be obtained from a source that is authorized to make such determinations. (See definition of "historic structure.")
A.
The Floodplain Administrator shall request comments on variance applications
from MDE (NFIP State Coordinator) and shall provide such comments
to the Board of Zoning Appeals.
B.
In considering variance applications, the Board of Zoning Appeals
shall consider and make findings of fact on all evaluations, all relevant
factors, requirements specified in other sections of this chapter,
and the following factors:
(1)
The danger that materials may be swept onto other lands to the injury
of others.
(2)
The danger to life and property due to flooding or erosion damage.
(3)
The susceptibility of the proposed development and its contents (if
applicable) to flood damage and the effect of such damage on the individual
owner.
(4)
The importance of the services to the community provided by the proposed
development.
(5)
The availability of alternative locations for the proposed use which
are not subject to or are subject to less flooding or erosion damage.
(6)
The necessity to the facility of a waterfront location, where applicable,
or if the facility is a functionally dependent use.
(7)
The compatibility of the proposed use with existing and anticipated
development.
(8)
The relationship of the proposed use to the Comprehensive Plan for
that area.
(9)
The safety of access to the property in times of flood for passenger
vehicles and emergency vehicles.
(10)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters and the effects of wave action,
if applicable, expected at the site.
(11)
The costs of providing government services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical, and water systems,
and streets and bridges.
(12)
The comments provided by MDE (NFIP State Coordinator).
The Board of Zoning Appeals shall make an affirmative decision
on a variance request only upon:
A.
A showing of good and sufficient cause. Good and sufficient cause
deals solely with the physical characteristics of the property and
cannot be based on the character of the improvement, the personal
characteristics of the owner/inhabitants, or local provision that
regulate standards other than health and public safety.
[Amended 11-25-2014 by Ord. No. 2014-4]
B.
A determination that failure to grant the variance would result in
exceptional hardship due to the physical characteristics of the property.
Increased cost or inconvenience of meeting the requirements of this
chapter does not constitute an exceptional hardship to the applicant.
C.
A determination that the granting of a variance for development within
any designated floodway, or special flood hazard area with base flood
elevations but no designated floodway, will not result in increased
flood heights beyond that which is allowed in this chapter.
D.
A determination that the granting of a variance will not result in
additional threats to public safety; extraordinary public expense;
nuisances; fraud or victimization of the public; or conflict with
existing local laws.
E.
A determination that the building, structure or other development
is protected by methods to minimize flood damages.
F.
A determination that the variance is the minimum necessary to afford
relief, considering the flood hazard.
