(A) Modification requests. A person may submit a request to the Frederick County Planning Commission (FCPC) for a modification from this chapter or the requirements of Md. Code Ann., Natural Resources Article, §§ 5-1601 through 5-1612, if the person demonstrates that enforcement would result in unwarranted hardship to the person.
(B) Required information. An applicant for a modification shall:
(1) Describe the special conditions peculiar to the property that would cause the unwarranted hardship;
(2) Describe how enforcement of these rules will deprive the landowner of rights commonly enjoyed by others in similar areas;
(3) Verify that the granting of the modification will not confer on the landowner a special privilege that would be denied to other applicants;
(4) Verify that the modification request is not based on conditions or circumstances that are the result of actions by the applicant;
(5) Verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; and
(6) Verify that the granting of a modification will not adversely affect water quality.
(C) Modification approval. The FCPC must make a finding that the applicant has met the requirements in subsection (B) of this section and that enforcement would cause the applicant unwarranted hardship before the FCPC may approve any modification.
(D) State of Maryland notice. Notice of a request for a modification shall be given to the Maryland State Department of Natural Resources (“Department of Natural Resources”) within 15 days of receipt of a request and prior to the FCPC’s consideration of the request. The Department of Natural Resources shall also be notified of the hearing date, place and time.
(E) State authority. There is established by this chapter the right and authority of the Department of Natural Resources to initiate or intervene in an administrative, judicial or other original proceeding or appeal in the state concerning an approval of a modification under Md. Code Ann., Natural Resources Article, §§ 5-1601 through 5-1612 or this chapter.
(Ord. 01-20-294, 9-25-2001; Ord. 14-23-678, 11-13-2014)