A.
The Board of Appeals shall have the power to consider
and authorize or deny variances from the strict application
of the requirements of these regulations. A variance shall be approved only if it is determined to not be contrary to
the public interest and where, owing to special conditions of the
lot or parcel, a literal enforcement of the provisions of these regulations,
would result in an unnecessary hardship.
B.
Upon consideration of the purposes of these regulations, the individual
circumstances, and the considerations and limitations of this section,
the Board of Appeals may attach such conditions to variances as it deems necessary to further the purposes
of these regulations.
C.
The Board of Appeals shall notify, in writing, 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
these regulations that the variance is to the floodplain management requirements of these regulations
only, and that the cost of federal flood insurance
will be commensurate with the increased risk, with rates up to $25
per $100 of insurance coverage.
D.
A record of all variance actions, including justification
for issuance shall be maintained pursuant to § 14:3-16(K)
of this chapter.
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 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 applications shall specifically address each of the considerations in § 14:3-65.
C.
If the application is for a variance to allow the lowest floor (A Zones) or bottom of the lowest horizontal
structural member (V Zones and Coastal A Zones) of
a building or structure below the applicable minimum
elevation required by these regulations, the application shall include
a statement signed by the owner that, if granted, the conditions of
the variance shall be recorded among the Land Records
of Queen Anne's County.
D.
If the application is for a variance for an historic structure pursuant to § 14:3-30 of these regulations, the application shall contain documentation that the proposed work does not preclude the structure's continued eligibility and designation as an 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 Appeals.
B.
In considering variance applications, the Board of Appeals shall consider and make findings of fact
on all evaluations, all relevant factors, requirements specified in
other sections of these regulations, 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
and hazard mitigation 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 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.
B.
(Reserved)
C.
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 these regulations does not constitute an exceptional hardship to
the applicant.
D.
A determination that the granting of a variance for development within any designated floodway, or flood hazard area with base flood elevations but no designated floodway, will not result in
increased flood heights beyond that which is allowed
in these regulations.
E.
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.
F.
A determination that the building, structure or
other development is protected by methods to minimize flood damages.
G.
A determination that the variance is the minimum
necessary to afford relief, considering the flood hazard.
