In addition to the powers of the Queen Anne's
County Board of Appeals established in the Queen Anne's County Zoning
Ordinance, the Board is hereby empowered to grant variances from the requirements of this Chapter
14:1.
A variance shall not be granted unless the Board
of Appeals specifically finds that:
A. A literal enforcement of this Chapter
14:1 would result in unnecessary hardship as the result of specified conditions, which hardship is not shared by owners of other property in the same development area;
B. Those conditions are peculiar to the property involved;
C. Those conditions are not the result of any action
taken by the applicant;
D. The variance will not be contrary to the public interest or the policies, goals and objectives of this Chapter
14:1 and the Queen Anne's County Critical Area Program;
E. The variance will not confer upon an applicant any
special privilege denied to other owners of like property and/or structures
within the critical area;
F. The variance will not adversely affect water quality
or adversely impact fish, wildlife, or plant habitats within the critical
area;
G. The variance is the minimum deviation from the provisions of this Chapter
14:1 that will make possible the reasonable use of land or structures; and
H. The granting of the variance will be in harmony with the general purpose and intent of this Chapter
14:1 and the Queen Anne's County Critical Area Program and the variance shall not result in a use not permitted in the applicable development area or an increase in the applicable density limitations.
The Board of Appeals may impose such conditions
upon the use or development of property for which a variance is granted
as it may find reasonable or necessary, including but not limited
to:
A. A condition that, insofar as possible, new or expanded
structures or other impervious surfaces be located at the greatest
feasible distance from mean high water, tidal wetlands, nontidal wetlands,
or tributary streams; and
B. A condition that the applicant takes steps to mitigate
adverse impacts, insofar as possible, including:
(1) Reforestation on the site to offset disturbed forested
or developed woodlands on at least an equal area basis;
(2) Afforestation of areas of the site so that at least
15% of the gross site is forested; and
(3) Implementation of any mitigation measures for habitat
protection areas that are recommended by interested state or County
agencies.
[Amended 10-17-1997 by Ord. No. 97-07]
A. Intent. The purpose of this section is to authorize delegation of Board of Appeals authority as specified in §
14:1-61 to the Planning Director to apply the standards for variance as specified in §
14:1-66 herein for certain proposed construction activities.
B. Applicability. This section applies only to new development
or redevelopment within 100 feet of tidal waters, tidal wetlands and
tributary streams on single-family lots of record as of June 29, 1988.
C. Criteria.
(1) New development or redevelopment shall minimize the
disturbance in the Buffer to the least intrusion necessary.
(2) Development may not impact any habitat protection
area (HPA) as defined in Section VI of the Queen Anne's County Critical
Area Program, except the Buffer.
(3) Any development in the Buffer approved under the provisions
of this section shall be mitigated as follows:
(a)
The extent or the lot or parcel shoreward of
the new development or redevelopment shall be required to remain,
or shall be established and maintained, in natural vegetation; and
(b)
Natural vegetation of an area twice the extent
of the impervious surface must be created on the property or other
similar location approved by the Planning Director.
(4) If a person demonstrates to the satisfaction of the
Planning Director that mitigation requirements, on-site or off-site,
cannot be reasonably accomplished, the person shall pay a fee-in-lieu
equal to the total value of the required plantings. Such fee will
be dedicated to County tree replanting programs within the critical
area.
(5) Any required reforestation or mitigation or offset
areas shall be designated under a development agreement or other instrument
and recorded among the land records of Queen Anne's County.
(6) Applications for an administrative variance shall
be forwarded to the Critical Area Commission for review.
(7) The Critical Area Commission shall be notified of
an administrative action by the Planning Director within 10 days of
the action.
D. Fee requirement. The application shall be accompanied
by a nonrefundable fee in an amount prescribed by the County Commission.