(a) Findings. The Planning and Zoning Officer shall approve the application if the Planning and Zoning Officer finds that:
(1) the application is for a lot created on or before December 1, 1985; and
(2) there was an error or omission in the original maps and the existing pattern of residential, industrial, commercial, or recreational development in the critical area prevents the buffer from fulfilling the following functions:
(i) providing for removal or reduction of sediments, nutrients, and potentially harmful or toxic substances in runoff entering the bay and its tributaries;
(ii) minimizing the adverse effects of human activities on wetlands, shorelines, stream banks, tidal waters, and aquatic resources;
(iii) maintaining an area of transitional habitat between aquatic and upland communities;
(iv) maintaining the natural environment of streams; and
(v) protecting riparian wildlife habitat.
(b) Form of decision and notice. The Planning and Zoning Officer shall approve, approve with conditions, or deny the application for a change in the buffer modification area maps and shall mail a copy of the decision to the applicant, all persons who submitted written comments, and to the Critical Area Commission for final review and approval.
(Bill No. 4-05; Bill No. 93-12)