(A) Administrative decisions under this chapter may be appealed to the Garrett County Planning Commission. The applicant shall submit a written application to the County Department of Planning and Land Development, together with any required fees. The application shall state the specific sections involved and the reasons for the request. The Planning Commission may then grant a modification or waiver to specific provisions of this chapter if the applicant establishes to the satisfaction of the Planning Commission that the modification or waiver:
(1) Will have minimal impact upon important natural features; and
(2) Is necessary to:
(a) Avoid an undue hardship that was not self-created and that results from the peculiar and uncommon conditions of the property;
(b) Avoid a clearly unreasonable requirement that would not serve any valid public purpose; and/or
(c) Allow a site layout and/or improvements that would clearly be more in the public interest than what would occur if the modification would not be granted.
(B) The decision of the County Planning Commission may then be appealed to the Circuit Court for Garrett County. The appeal shall be an administrative appeal pursuant to the Maryland Rules of Procedure.
(C) Any appeal of an action under this chapter shall be filed within a maximum of 45 days after the date upon which the action occurred.
(Ord. —, passed 6-24-1997, eff. 7-1-1997; Am. Res. 2010-6, passed 5-25-2010)