§ 110. Variances.
(A)
General requirements. Applications for variances from any of the provisions of this ordinance shall be in writing and filed with the City Manager. Such applications shall identify the potential impacts of the proposed variance on water quality and on lands within the Resource Protection Area through the performance of a water quality impact assessment which complies with the provisions of this ordinance.
(B)
Administrative variances. The City Manager shall approve or deny an application requesting an administrative variance after receipt of a complete application. No such application shall be accepted by the City Manager unless accompanied by a nonrefundable fee in the amount of One Hundred Fifty Dollars ($150.00). Administrative variances may be granted only for uses, development or redevelopment described in:
(1)
Section 106(B)(2) for water wells, passive recreation facilities and historic preservation and archaeological activities;
(2)
Section 106(B)(4) for lots recorded prior to October 1, 1989 or between October 1, 1989 and January 1, 2004 where application of the buffer requirement would result in the loss of a buildable lot and meet the criteria enumerated;
(3)
Section 106(B) (5) for sight lines, access paths, general woodlot management and best management practices; and
(4)
Section 108 for additions to nonconforming principal structures.
No administrative variance shall be granted under this subsection unless the City Manager makes all of the findings required in subsection (H) hereof. The City Manager may establish such review policies as he deems expedient in effectuating the intent of this ordinance. In approving an application, The City Manager shall, if warranted, include reasonable and appropriate conditions that will prevent the degradation of water quality. The City Manager shall record both the request and his administrative decision in a public access file to be maintained for one (1) calendar year. The plan of development process for review of administrative variance requests shall be as set forth in Section 107 (B) of this ordinance.
The applicant shall cause to be posted on the property which is the subject of the application a sign of a size and type similar to those required for Board variances. One (1) such sign shall be posted within ten (10) feet of every public street adjoining the property and within ten (10) feet of any body of water or waterway less than five hundred (500) feet wide adjoining the property. Such sign shall state the nature of the application and shall be posted for not less than fifteen (15) days prior to the time when an application is acted upon. In the event such sign is removed, obscured, otherwise rendered illegible or if the City Manager determines that the requirements of this section have not been met prior to the hearing, he may deny or defer action on the application.
(C)
Board variances. The City Manager shall review any other application for a variance and the water quality impact assessment and provide the Board with an evaluation of the potential impacts of the proposed variance and such other information as may aid the Board in considering the application. No such application shall be accepted by the City Manager unless accompanied by a nonrefundable fee in the amount of four hundred fifty dollars ($450.00). Such fee shall include all costs of notification and advertising. The City Manager shall transmit the application and supporting information and evaluation to the members of the Board and the applicant no less than five (5) days prior to the scheduled hearing on such application.
(D)
Not later than sixty (60) days after the receipt of an application, the Board shall hold a public hearing on such application. Notice of the time and place of the hearing shall be published no less than once per week for two (2) consecutive weeks prior to such hearing in a newspaper having a general circulation in the City. The second such notice shall appear not less than five (5) days nor more than twenty-one (21) days prior to the hearing. The cost of the public notice shall be charged to the applicant.
(E)
The Board shall notify, by first class mail, all property owners adjacent to the subject property and each waterfront property owner across the waterway from the subject property, if the water body is less than five hundred (500) feet wide, of the public hearing at least five (5) days prior to the hearing. The cost of such notification shall be charged to the applicant.
(F)
In addition to the foregoing requirements, the applicant shall cause to be posted on the property which is the subject of the hearing a sign, of a size and type approved by the Board. One (1) such sign shall be posted within ten (10) feet of every public street adjoining the property and within ten (10) feet of any body of water or waterway less than five hundred (500) feet wide adjoining the property. Such sign shall be posted not less than fifteen (15) days from the public hearing and shall state the nature of the application and date and time of the hearing. Such signs shall be removed no later than five (5) days after the public hearing. In the event such sign is removed, obscured, otherwise rendered illegible or if the Board determines that the requirements of this section have not been met prior to the hearing, the Board may deny or defer the application. Any application deferred by the Board by reason of noncompliance with the posting requirements of this Section shall not thereafter be heard unless and until an additional fee in the amount of one hundred dollars ($100.00) is paid.
(G)
The Board may make, alter and rescind rules for its procedures not inconsistent with the provisions of this Section; provided, however, that a quorum shall be not less than a majority of all of the members of the Board, and provided further, that the concurring vote of a majority of the members of the Board present and voting shall be required to grant any variance.
(H)
No variance shall be granted unless the Board finds that:
(1)
Granting the variance will not confer upon the applicant any special privilege or convenience not accorded to other owners of property in Chesapeake Bay Preservation Areas who are subject to the provisions of this ordinance and are similarly situated;
(2)
The application is not based upon conditions or circumstances that are or have been created or imposed by the applicant or his predecessor in title;
(3)
The variance is the minimum necessary to afford relief;
(4)
The variance is in harmony with the purpose and intent of this ordinance, and not injurious to the neighborhood, not of substantial detriment to water quality, or otherwise detrimental to the public welfare;
(5)
There is no net increase in nonpoint source pollution load;
(6)
Reasonable and appropriate conditions are imposed which will prevent the variance from causing or contributing to a degradation of water quality; and
(7)
Any development or land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with all applicable erosion and sediment control requirements.
(Ord. No. 2006, 11-6-90; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2267, 6-14-94; Ord. No. 2434, 12-17-96; Ord. No. 2684, 1-22-02; Ord. No. 2743, 4-22-03; Ord. No. 2790, 12-9-03; Ord. No. 2820, 5-11-04; Ord. No. 2855, 12-7-04; Ord. No. 3279, 5-14-13, eff. 7-1-13; Ord. No. 3548, 5-15-18, eff. 7-1-18)
Editor's note— Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 113 of this appendix as § 110.
(Ord. No. 2006, 11-6-90; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2267, 6-14-94; Ord. No. 2434, 12-17-96; Ord. No. 2684, 1-22-02; Ord. No. 2743, 4-22-03; Ord. No. 2790, 12-9-03; Ord. No. 2820, 5-11-04; Ord. No. 2855, 12-7-04; Ord. No. 3279, 5-14-13, eff. 7-1-13; Ord. No. 3548, 5-15-18, eff. 7-1-18)