Crisfield has established provisions where, owing to special features of a site or other circumstances, implementation of this chapter or a literal enforcement of provisions within this chapter would result in unwarranted hardship to an applicant, a Critical Area variance may be obtained.
A. 
In considering an application for a variance, Crisfield shall presume that the specific development activity in the Critical Area that is subject to the application and for which a variance is required does not conform with the general purpose and intent of the Natural Resources Article of the Annotated Code of Maryland, Title 8, Subtitle 18, COMAR Title 27, and the requirements of this chapter.
B. 
Unwarranted hardship means that without a variance, an applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is requested.
In accordance with the Natural Resources Article of the Annotated Code of Maryland, § 8-1808(d)(2), if a person meets the threshold standing requirements under federal law, the person shall have standing to participate as a party in a local administrative proceeding.
The provisions for granting a variance shall include written findings based on competent and substantial evidence that the applicant has overcome the presumption established under § 113-29A above and that each of the following standards are met:
A. 
Due to special features of the site or special conditions or circumstances exist that are peculiar to the land or structure involved and that a literal enforcement of provisions and requirements of this Critical Area Ordinance would result in unwarranted hardship;
B. 
A literal interpretation of the provisions of this chapter will deprive the applicant of the use of land or a structure permitted to others in accordance with the provisions of this Critical Area Ordinance;
C. 
The granting of a variance will not confer upon an applicant any special privilege that would be denied by this Critical Area Ordinance to other lands or structures in accordance with the provisions of this Critical Area Ordinance;
D. 
The variance request is not based upon conditions or circumstances which are the result of actions by the applicant, nor does the request arise from any condition relating to land or building use, either permitted or non-conforming on any neighboring property; and
E. 
The granting of a variance shall not adversely affect water quality or adversely impact fish, wildlife or plant habitat within the Critical Area and the granting of the variance will be in harmony with the general spirit and intent of the state Critical Area Law,[1] the regulations in COMAR Title 27, Subtitle 01, and this Critical Area Ordinance.
[1]
Editor's Note: See the Natural Resources Article of the Annotated Code of Maryland, §§ 8-1801 through 8-1817.
Applications for a variance will be made in writing to the Board of Appeals with a copy provided to the Critical Area Commission. Crisfield shall follow its established procedures for advertising and notification of affected landowners.
A. 
After hearing an application for a Critical Area Ordinance variance, the Board of Appeals shall make written findings reflecting analysis of each standard. With due regard for the person's technical competence, and specialized knowledge, the written findings may be based on evidence introduced and testimony presented by:
(1) 
The applicant;
(2) 
The City of Crisfield or any other government agency; or
(3) 
Any other person deemed appropriate by the City of Crisfield.
B. 
If the variance request is based on conditions or circumstances that are the result of actions by the applicant, Crisfield shall consider that fact and whether the application has met the requirements of § 113-33 below.
C. 
The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in § 113-29 above.
D. 
Crisfield shall notify the Critical Area Commission of its findings and decision to grant or deny the variance request in accordance with § 113-35 below.
A. 
A local jurisdiction may not accept the application of a variance to legalize a violation of this chapter, including an unpermitted structure or other development activity until the local jurisdiction:
(1) 
Issues a notice of violation; and
(2) 
Assesses an administrative or civil penalty for the violation.
B. 
The City of Crisfield may not issue a permit, approval, variance, or special exception to legalize a violation of this chapter unless an applicant has:
(1) 
Fully paid all administrative, civil and criminal penalties imposed under the Natural Resources Article of the Annotated Code of Maryland, § 8-1808(c)(1);
(2) 
Prepared a restoration or mitigation plan, approved by the local jurisdiction, to abate impacts to water quality or natural resources because of the violation; and
(3) 
Performed the abatement measures in the approved plan in accordance with the local Critical Area Ordinance.
C. 
If the Board denies the requested after-the-fact variance, then the City of Crisfield shall:
(1) 
Order removal or relocation of any structure; and
(2) 
Order restoration of the affected resources.
Appeals from decisions concerning the granting or denial of a variance under these regulations shall be taken in accordance with all applicable laws and procedures of Crisfield for variances. Variance decisions by the Board of Appeals may be appealed to the Circuit Court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation or governmental agency aggrieved or adversely affected by any decision made under this chapter or any person with standing as described in § 113-30 above.
The Board of Appeals shall impose conditions on the use or development of a property which is granted a variance as it may find reasonable to ensure that the spirit and intent of this chapter is maintained, including, but not limited to, the following:
A. 
Adverse impacts resulting from the granting of the variance shall be mitigated as recommended by the appropriate local body or approving authority, but not less than by planting on the site per square foot of the variance granted at no less than a three to one basis.
B. 
New or expanded structures or lot coverage shall be located the greatest possible distance from mean high water, the landward edge of tidal wetlands, tributary streams, non-tidal wetlands, or steep slopes.
Within 10 working days after a written decision regarding a variance application is issued, a copy of the decision will be sent to the Critical Area Commission. Crisfield may not issue a permit for the activity that was the subject of the application until the applicable 30-day appeal period has elapsed.