§ 21.54.170. Administrative variances.

A.

The purpose of this section is to authorize delegation of Board of Appeals approval authority to the Planning and Zoning Director to apply the standards for variances as specified in Section 21.54.160 for proposed development activities as follows:

In the case of residential structures currently located within the designated one hundred-foot buffer, an expansion of these structures; provided, that the expansion occurs parallel to the shoreline and does not further encroach into the waterway yard.

B.

Administrative variances are subject to the following conditions:

1.

This section applies to new development or redevelopment within the critical area buffer.

2.

This section only applies to single-family lots of record at the time of program approval.

3.

Development may not impact any habitat protection areas other than the buffer.

4.

The applicant will be required to maintain existing natural vegetation in the buffer to the extent possible.

5.

The disturbance to the buffer must be the least intrusion necessary.

6.

Any development in the buffer will require mitigation/enhancement/or offsets, as follows:

a.

The extent of 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 in a buffer offset area or other location as may be determined by the City.

7.

An applicant who cannot comply with the above planting or offset requirements is required to pay into the fee-in-lieu program established under Chapter 17.09 as established by the City Council.

Any fees-in-lieu collected under these provisions shall be placed in an account that will assure their use only for projects within the critical area for the benefit of wildlife habitat, water quality improvements or environmental education. The status of these funds must be reported at the time of comprehensive review. If it is not possible to carry out offsets or other mitigation within the critical area, any plantings or other habitat/water quality improvement should occur within the affected watershed.

8.

Any required reforestation/mitigation/offset areas must be designated under a development agreement or other instrument and recorded among the land records of Anne Arundel County.

9.

The State Critical Area Commission shall be notified of the requested variance prior to any administrative action by the staff and shall be notified of the action taken with regard to the requested variance within ten days of the action.

10.

The request for administrative variance and all supporting documentation shall be reviewed by the Director of Planning and Zoning. The Director of Planning and Zoning shall, within ten days, issue a decision with regard to the proposed variance as to whether the variance shall be granted, denied or granted subject to specified terms and conditions.

11.

The chairman of the Critical Area Commission may appeal an administrative variance granted by the Planning and Zoning Director or local approving authority. At this time the project will go before the Board of Appeals de novo.

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-12-16 Amended, § I, 5-23-2016)