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PARRIS N. GLENDENING, Governor
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Ch. 432
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(D) (1) IN THIS SUBSECTION, "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.
(3) A VARIANCE TO A LOCAL JURISDICTION'S CRITICAL AREA PROGRAM
MAY NOT BE GRANTED UNLESS:
(I) DUE TO SPECIAL FEATURES OF A SITE, OR SPECIAL
CONDITIONS OR CIRCUMSTANCES PECULIAR TO THE APPLICANT'S LAND OR
STRUCTURE, A LITERAL ENFORCEMENT OF THE CRITICAL AREA PROGRAM WOULD
RESULT IN UNWARRANTED HARDSHIP TO THE APPLICANT;
(II) THE LOCAL JURISDICTION FINDS THAT THE APPLICANT HAS
SATISFIED EACH ONE OF THE VARIANCE PROVISIONS; AND
(III) WITHOUT THE VARIANCE, THE APPLICANT WOULD BE
DEPRIVED OF A USE OF LAND OR A STRUCTURE PERMITTED TO OTHERS IN
ACCORDANCE WITH THE PROVISIONS OF THE JURISDICTION'S CRITICAL AREA
PROGRAM.
(3) (2) IN CONSIDERING AN APPLICATION FOR A VARIANCE, A LOCAL
JURISDICTION SHALL CONSIDER THE REASONABLE USE OF THE ENTIRE PARCEL OR
LOT FOR WHICH THE VARIANCE IS REQUESTED.
(4) (3) THIS SUBSECTION DOES NOT APPLY TO BUILDING PERMITS OR
ACTIVITIES THAT COMPLY WITH A BUFFER EXEMPTION PLAN OR BUFFER
MANAGEMENT PLAN OF A LOCAL JURISDICTION WHICH HAS BEEN APPROVED BY
THE COMMISSION.
[(d)] (E) (1) The Commission shall adopt by regulation on or before
December 1, 1985 criteria for program development and approval, which are
necessary or appropriate to achieve the standards stated in subsection (b) of this
section. Prior to developing its criteria and also prior to adopting its criteria, the
Commission shall hold at least 6 regional public hearings, 1 in each of the following
areas:
(i) Harford, Cecil, and Kent counties;
(ii) Queen Anne's, Talbot, and Caroline counties;
(iii) Dorchester, Somerset, and Wicomico counties;
(iv) Baltimore City and Baltimore County;
(v) Charles, Calvert, and St. Mary's counties; and
(vi) Anne Arundel and Prince George's counties. -
(2) During the hearing process, the Commission shall consult with each
affected local jurisdiction.
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- 3247 -
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