Princess Anne 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, Princess Anne 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 Natural Resources Article, Title 8, Subtitle 18,[1] COMAR Title 27, and the requirements of this chapter.
[1]
Editor's Note: See § 8-1801 et seq., of the Natural Resources Article of the Annotated Code of Maryland.
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.
The provisions for granting such a variance shall include evidence submitted by the applicant that the following standards are met:
A. 
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 chapter 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 within the Critical Area;
D. 
The variance request is not based upon conditions or circumstances which are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming 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 and this chapter.
Applications for a variance will be made, in writing, to the Board of Appeals with a copy provided to the Critical Area Commission. Princess Anne 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.
B. 
If the variance request is based on conditions or circumstances that are the result of actions by the applicant, Princess Anne shall consider that fact.
C. 
The applicant has the burden of proof and the burden of persuasion to overcome the presumption of nonconformance established in § 61-39 above.
D. 
Princess Anne shall notify the Critical Area Commission of its findings and decision to grant or deny the variance request in accordance with § 61-45 below.
Based on competent and substantial evidence, the Board of Appeals shall make written findings as to whether the applicant has overcome the presumption of nonconformance as established in § 61-39 above and, if applicable, § 61-40 above. 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:
A. 
The applicant;
B. 
Princess Anne or any other government agency; or
C. 
Any other person deemed appropriate by the Town of Princess Anne.
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 Princess Anne 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.
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, nontidal 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. Princess Anne may not issue a permit for the activity that was the subject of the application until the applicable thirty-day appeal period has elapsed.